MBNA - AK summons

[mystery1]

Re: MBNA - AK summons

Yes I think the unless order should be along the lines of produce the docs or claim to be struck out

Correct.


They do have a right to bring a claim though.

M1

[toomanycalls]

Re: MBNA - AK summons

Had a letter from Hegarty this morning with a copy of my agreement, transaction log, terms and and varied terms. The agreement is as previously shown on post #9, legibility is a bit difficult. Terms and Conditions are on a separate sheets

Still no DN, Termination Notice or NOA, still worth doing the n244 on Monday?

[mystery1]

Re: MBNA - AK summons

Had a letter from Hegarty this morning with a copy of my agreement, transaction log, terms and and varied terms. The agreement is as previously shown on post #9, legibility is a bit difficult. Terms and Conditions are on a separate sheets

Still no DN, Termination Notice or NOA, still worth doing the n244 on Monday?

Well on a mere technicality you could. However i doubt a termination notice was mentioned on the pocs so that is pointless. The DN they could say left their possession so they don't need to disclose it. If they haven't said that you could apply. Pointless really as it's a trivial poiunt that could back fire.

I'd work on a defence.

S78 compliance ? Easily legible for starters.

DN, does it comply http://www.legislation.gov.uk/uksi/1.../contents/made (make sure you check the updates too)

Does the agreement and how it was opened comply with cca 74 ?

Have you been sent s86c & s86e notices ?

etc

M1

[toomanycalls]

Re: MBNA - AK summons

Particulars of Claim

The claimant is the Assignee of a debt due in relation to a credit agreement regulated by the CCA1974 entered into between MBNA and the defendant. NOA was provided by the claimant in writing. The agreement was terminated upon the defendants failure to comply with the terms of the DN served by MBNA. The claimant complied with section III and IV and |Annex B of the PD Pre-Action Conduct.
And the claimant claims CC account no xxxx xxxx xxxx xxxx balance of £2487.73 as of 29.6.10 Interest under S69 of the County Court Act 1984 at the rate of 8% a year from the Default Date to 18/12/13 of £691.38 and also the interest at the same rate up to the date of judgement or earlier payment at a daily rate of 0.55 and costs.

So mentions NOA, DN and termination. Still think its not worth asking on a n244 for them?

[toomanycalls]

Re: MBNA - AK summons

I'd work on a defence.

S78 compliance ? Easily legible for starters.

DN, does it comply http://www.legislation.gov.uk/uksi/1.../contents/made (make sure you check the updates too)

Does the agreement and how it was opened comply with cca 74 ?

Have you been sent s86c & s86e notices ?

CCA is not easily legible.
DN looks ok but was sold to Varde while in the time to remedy period, does that matter, incorrectly terminated so therefore exists?
NOA not sent from MBNA, only recieved from Varde
NOA not sent from Varde, welcome letter of sorts from AK claiming bought from Varde (POC says bought from MBNA)
NO notice of sum in arrears since MBNA before DN.

[mystery1]

Re: MBNA - AK summons

CCA is not easily legible.
DN looks ok but was sold to Varde while in the time to remedy period, does that matter, incorrectly terminated so therefore exists?
NOA not sent from MBNA, only recieved from Varde
NOA not sent from Varde, welcome letter of sorts from AK claiming bought from Varde (POC says bought from MBNA)
NO notice of sum in arrears since MBNA before DN.

The cca if sent in reply to s78 and not easily legible is non compliant.

No notice of sums in arrears http://www.legislation.gov.uk/ukpga/1974/39/section/86D

86DFailure to give notice of sums in arrears


(1)This section applies where the creditor or owner under an agreement is under a duty to give the debtor or hirer notices under section 86B but fails to give him such a notice—
(a)within the period mentioned in subsection (2)(a) of that section; or
(b)within the period of six months beginning with the day after the day on which such a notice was last given to him.
(2)This section also applies where the creditor under an agreement is under a duty to give the debtor a notice under section 86C but fails to do so before the end of the period mentioned in subsection (2) of that section.
(3)The creditor or owner shall not be entitled to enforce the agreement during the period of non-compliance.
(4)The debtor or hirer shall have no liability to pay—
(a)any sum of interest to the extent calculated by reference to the period of non-compliance or to any part of it; or
(b)any default sum which (apart from this paragraph)—
(i)would have become payable during the period of non-compliance; or
(ii)would have become payable after the end of that period in connection with a breach of the agreement which occurs during that period (whether or not the breach continues after the end of that period).
(5)In this section ‘the period of non-compliance’ means, in relation to a failure to give a notice under section 86B or 86C to the debtor or hirer, the period which—
(a)begins immediately after the end of the period mentioned in (as the case may be) subsection (1)(a) or (b) or (2); and
(b)ends at the end of the day mentioned in subsection (6).
(6)That day is—
(a)in the case of a failure to give a notice under section 86B as mentioned in subsection (1)(a) of this section, the day on which the notice is given to the debtor or hirer;
(b)in the case of a failure to give a notice under that section as mentioned in subsection (1)(b) of this section, the earlier of the following—
(i)the day on which the notice is given to the debtor or hirer;
(ii)the day on which the condition mentioned in subsection (4)(a) of that section is satisfied;
(c)in the case of a failure to give a notice under section 86C, the day on which the notice is given to the debtor.

http://www.legislation.gov.uk/uksi/2...chedule/3/made

M1

[toomanycalls]

Re: MBNA - AK summons

I have now received via Heggarty a response to my s78 request which was sent directly to AK. These docs are the same as previously provided and obviously as before are not legible. Can I put the account in dispute on those grounds?

They have also provided a NOA sent from them but no proof of posting. I also though this was supposed to be provided by the OC?

Still no DN, should I continue to push for this?

Still have a little time to submit my defence, early Feb.

[Amethyst]

Re: MBNA - AK summons

To comply with s.78 they do need to send you a legible copy (they can just type out the terms applicable to the account at inception, as the main body of the agreement is legible enough, just the small print is blurry) Have you gone back to them and asked them to send them in a legible form since your first response to the CCA request ?

[toomanycalls]

Re: MBNA - AK summons

To comply with s.78 they do need to send you a legible copy (they can just type out the terms applicable to the account at inception, as the main body of the agreement is legible enough, just the small print is blurry) Have you gone back to them and asked them to send them in a legible form since your first response to the CCA request ?

Not yet.

[mystery1]

Re: MBNA - AK summons

Not yet.

I'm not sure i would.

Whilst you have to plead breaches in your defence you don't have to write and tell them. Tactically, because the claim is under way, i think you give yourself extra chances to nail them if you just defend on the point and hope they don't really pay any attention.

M1