Old MBNA credit card debt..............

[fsmozz69]

Good Morning ,
My problem relates to a credit card that was taken out with MBNA around 2005, which through unemployment, went in to arrears and eventually defaulted. Some time later, this debt was sold to Varde Investments (Ireland)/ Experto Credite, and it seems was bought by AKtiv Kapital during 2012. I say it seems, because I have never been formally notified that AK had bought this debt.
The last payment that I made on this card was around February 2009, and I have not acknowledged to either company that I owe this debt.
As I have said, I did not respond to any of AK's letters, including their silly money off vouchers, so I started to get letters from AK's solicitors, Judge & Priestley, which led to them starting CC proceedings, which was issued on 20.10.14.
I sent in a defence to this claim stating that I had never been notified that AK actually were the owners of this debt, because at one time I was getting letters from both AK and Experto Credite at the same time, and still have the letters as proof.
Because this claim was in the early stages and had not been allocated a particular track, through reading about this, I became aware that through CPR 31.14 rules, I still could ask Judge & Priestley for a copy of documents thar were mentioned on their particulars of claim, which I sent by recorded delivery on 09.11.14.
I got a letter back from them stating that their client was in the process of obtaining the requested information, and that they would get back to me at the earliest opportunity, but that was nearly ten weeks ago!.
The questionairre has been completed and exchanged, but does anybody know how long that I am likely to be in this position? Will the court strike this out if they cannot provide the information? Do I allow a bit longer and then apply to have this struck out ? Or do I go along with no news is good news?
Another point is, as I have already mentioned, the last payment was made on this card in February 2009, so it would be coming up as a statute barred debt, but now CC proceeding have started, has the six year clock now stopped, even though at the moment there is no judgement?.
Any help or advice would be appreciated,
Thanks...........



.

[nemesis45]

Re: Old MBNA credit card debt..............

Hi Welcome,
I'm afraid the debt cannot become statute barred if a court claim is issued before the debt actually becomes SB, the claim stops the "clock" on the date it is issued.
Check with the court to see if anything has been filed (by telephone) just quote the claim number.

nem

[fsmozz69]

Re: Old MBNA credit card debt..............

Hi nemesis...........Thanks for your reply.......I note what you have said about the SB position being stopped by the issue of a CC claim, but can I please have your opinion on waiting ten weeks for JP to provide me with the documents that are mentioned in their particulars of claim. I have no knowledge of the workings of the County Court, does the court dictate how long that they should be given to come up with the goods?, will the court strike this out if they don't ?, or do I have to apply to have this struck out ?.
Once again, your advice would be appreciated..........
Regards,
fsmozz69

[nemesis45]

Re: Old MBNA credit card debt..............

10 weeks is too long.
Ring the court today if possible to find out what's happening.
It may be that the claim has been stayed or JP just haven't bothered.

nem

[Mineral1]

Re: Old MBNA credit card debt..............

Hi Do NOT delay in working on a defense based purely on the ridiculously slow timescales of the claimants! If they haven't come up with the goods by the time you have to file a defense then you put that in your defense! They will quite happily sneak around the back and get a default meantime!:tinysmile_cry_t:

[fsmozz69]

Re: Old MBNA credit card debt..............

Good Morning Ladies and Gents,
All's been quiet with this for a while now, but I got a letter from J&P yesterday, with no mention whatsoever, and completely 'skating over' the fact that thay still have not sent me copies of documents that they mention in the particulars of claim, after waiting almost fourteen weeks!
The letter is purely an offer to settle this debt, which has now risen to £7400, because of all the costs and interest, for a reduced amount of £3500, and are asking me to 'urgently to complete an income and expenses form with my reply.
I have no intention of accepting this offer. My main issue is that I was totally unaware that AK were/are the owners of this debt, which is why they have been asked to produce certain documents.
Does anyone know if J&P can proceed with this case if they do not send me the documents?, and what could I, or should I be doing at this stage?.
Any help that you can offer would be appreciated,
Regards,
fsmozz

[nemesis45]

Re: Old MBNA credit card debt..............

It's not up to J & P to start proceedings they can only act on their clients instructions.

Did you send a CCA request to AK?

[fsmozz69]

Re: Old MBNA credit card debt..............

Hi Nemesis,
No this was not a CCA request, but asking for information under CPR 31.14, disclosure of information, which J&P stated in November that their client AK were doing. Still waiting!

Regards,
fsmozz69

[fsmozz69]

Re: Old MBNA credit card debt..............

Hi again,
Can someone tell me exactly what the difference is between a CCA request, and asking for documents under CPR 31.14??..........I am aware that with a CCA request any debt is unenforceable until documents are provided. There are certain guidelines for CPR 31.14. Is a debt enforceable whilst J&P continue to ignore my request for documents??.
Any help would be appreciated...........
Regards,
fsmozz69

[fsmozz69]

Re: Old MBNA credit card debt..............

Any thoughts on this please??

[nemesis45]

Re: Old MBNA credit card debt..............

CPR 31.14 is specifically for documents mentioned in the Particulars of Claim which they intend to rely uopon.
J&P will claim at some point the CPR 31.14 is inappropriate to the small claims track, BUT if the
claim has not been allocated to a track it does apply.

nem

[fsmozz69]

Re: Old MBNA credit card debt..............

Hi Nem,
Many thanks for your reply. After sending in my defence to this claim, part of which stated that I was totally unaware who AK were, as I had never been notified that they were the owners of this debt, because I began to get letters from Experto and AK at the same time, so I thought that they were another band of chancers who were going to start hassling me, and did not think any more of it until I got the CC claim.
After sending in my defence to this claim, I became aware that as the claim had not been allocated a particular track, I could still ask for copies of documents in their particulars of claim under CPR 31.14.
On 09.11.14, I sent by Recorded Delivery, a request under CPR 31.14, asking for:-
A true copy of any agreement (2005)
A copy of any Default notice
A copy of any assignment from MBNA toVarde/Experto
Acopy of any assignment from Varde/Experto to AK, along with Royal Mail proof of posting to me..........

All these documents you would have thought would have been in their Solicitor's
possession before going down the path of starting CC action, although I know that they are issued out of Northampton Bulk centre, so if nobody puts up a fight,no documentation is needed,then they win..........
With a CCA request, I am aware that the time limit to provide documents is 12days+2days, and that any company cannot persue a debt whilst they are in default of this request.
Does anybody know what the position is with my CC claim?....Can AK still proceed to court if they do not provide me with the documents that have been requested?.........And what are the time lines to produce the documents?
Once again, any assistance given would be appreciated,
fsmozz69

[nemesis45]

Re: Old MBNA credit card debt..............

The CCA Request is specific for the agreement and a current statement of the account, and CPR31.14 is for documents mentioned in the Particulars of Claim only.
If AK has Not complied fully with the CCA request after the 12 + 2 working days has expired then debt cannot be enforced in court.
I suspect that in your case if the agreement cannot be provided on time the claim will be stayed.
The problem is that only the most basic information is provided by the debt seller to the debt purchaser at the point of sale, debt is sold in very large portfolio lots and not as individual account which is why there is little data available to the debt purchaser who then has to revert to the original creditor for the documents.
The claimant should inform the defendant in writing that it needs extra time to comply and as said the debt is unenforceable until the agreement is supplied.

nem

Once the 12 + 2 Working days period has expired it's wise to check on the status of the claim with the court,

[fsmozz69]

Re: Old MBNA credit card debt..............

Hi again Nem,
Just to clarify things............this was not a CCA request, but a request under CPR31.14.........Is there any difference??..........Do the same rules apply??
fsmozz69

[nemesis45]

Re: Old MBNA credit card debt..............

No there is no impact on enforceability with CPR as there is with CCA request.
7 days is the nominal time scale.
If the case is still not allocate to a track then send the CPR request again and state that if they fail to comply you will ask the court to order the documents to be supplied.

nem