Urgent help needed for N244

[Shandy]

This is an MBNA debt. They originally went CCBC. I did a CPR31.14 request.. response Appn form, Current T&C and 3 statements. I asked for lawful contract, validation of debt and Deed of Assignment. Debt by the way is sold to MKDP. When they did not send anything othjer than saying they don't need to do anything or they don't understand the terminology, I billed them for £2500 and a month later sent Estoppel

Order they are seeking is as follows:

"The Claimant submits that the Defendant's defence discloses no reasonable grounds for defending this claim.

The Claimant respectfully requests that the court makes the following order - 1) the stay of this claim be lifted 2) Defendant's defence be struck out pursuant to CPR 3.4 (2) (a) and/or the court's inherent jurisdiction, 3) the Claimant at liberty to enter judgement against the defendant 4) the defendant to pay the Claimant's cost of this application, summarily assessed in the sum of £680"

I want to do N244 - asking the court not to lift this stay because they have not provided what I asked for and mention tacit agreement/estoppel and the bill

Can some kind soul please help me word this correctly please. Thanks

[ken100464]

Re: Urgent help needed for N244

Is this get out of debt free? you have been following.

You probably going to need to give some court dates for the site team to work to.

Welcome to the forum. Help will be along soon am sure.

[Shandy]

Re: Urgent help needed for N244

Yes. No dates yet for hearing. Application order dated 25th.

[Shandy]

Re: Urgent help needed for N244

Yes, did not know any better. 'Drowning man catching at any straw'

No dates for hearing. Just received the Application order. Need to say Set Aside should not be lifted as requested docs not provided then attach letter bill etc.

What should I do? How do I word it?

[ken100464]

Re: Urgent help needed for N244

I think you will have to forget Get out of debt free. The whole lot. It is going to get you a CCJ and a whole heap of debt.

Have you got the application form? If so that is a start.

When was this account started?

[ken100464]

Re: Urgent help needed for N244

Hey and please dont panic.

If anyone can help they will on here. Just sometimes takes a while sometimes.

[Shandy]

Re: Urgent help needed for N244

2003.

Panic!! I have no choice just come back from a course to this today and they only give you 7 days. So, need to send this out today. drop by hand.

[ken100464]

Re: Urgent help needed for N244

I would not like to advise you as this is way outside my comfort zone.

By hand is your intention to drop it off to the court yourself hoping its accepted as you have been away?

My only suggestion would be have a stab at it yourself then post on here. Its not unknown for things to happen overnight on the forum.

I know this isnt ideal for you but timing is not good.

Do you have a copy of the Appn form. You seem to be saying this in your first post.

[Never-In-Doubt]

Re: Urgent help needed for N244

Woah - you've been on that absolutely crazy site then haven't you - get out of debt free using draconian laws that hold no weight - shit!!

Ok, can you please tell us some more detail, what we really need to know is what has happened - kinda a run down of events from start to end, so is it a credit card/loan/what? What happened? Have you applied for any CCA prior to court action? If so was it sent or not? Try and explain things for me as though I know nothing (which I don't) so I can try and get my head round things, then we can look at help.

Also, what is the claim and who is the claimant and who is the lender in all this.

Thanks

[Shandy]

Re: Urgent help needed for N244

Hey, I didn't know any better!!

This is my partner's account who offloads everything on to me. Anyway, the application was online and there is half a page or blurb with line for signature and date (2003), purporting to be CCA 1974. In 2008 I lost my job and we started paying MBNA £1/month as advised by CCCA. We sent request for CCA to MBNA but nothing came.. account in dispute... account in serious dispute. And, we stopped paying £1. Nothing was heard and then one day we received demand for payment from a DCA. We said the account was in dispute and asked for CCA...nothing came and then last year Claim via MCOL (CCBC). We asked for validation of account and receved Application form, another sheet with CCA (signature and date), T&C and 3? statements. I asked for Deed of Assignment and all they sent was text on plain A4 sheet and now this. That's it in a nutshell.

[Never-In-Doubt]

Re: Urgent help needed for N244

Oh dear, well what a balls up. Eeeek....

We're not here to have a go or judge, we'll try and help you get back on track for sure but you're still not answering what we need to know.

Is there a claim? If so who issued it and what is it for? Did they issue that claim whilst s.78 was outstanding or have they ever supplied a copy of an agreement - forget whether it is your original one - have they issued you anything? Did you receive a letter before action? When was the claim issued? Have you defended it or left it, how come it is stayed - when was the claim and how did it get stayed? Have you issued a claim to the dca/lender regards this £2500 claim or was that just a written threat?

Try and put yourself in my shoes, I can't even remotely begin to help without more detailed info....

[Shandy]

Re: Urgent help needed for N244

Hi Niddy, Thanks for trying. I think one problem I have is that I have been on the other forum. The other is that it is my partner's account and I don't have every detail; not that close. I think I shall have to dig a bit more.

[Never-In-Doubt]

Re: Urgent help needed for N244

Hi Niddy, Thanks for trying. I think one problem I have is that I have been on the other forum. The other is that it is my partner's account and I don't have every detail; not that close. I think I shall have to dig a bit more.

Well the problem is the other forum is leading you up the garden path and will no doubt result in costing a lot of money in legal fees and losses.

I suggest you speak to your OH and ask them to post here, if they want help that is. Up to you, we'll still be here - but check our positive attitude and you'll see we are pretty good at what we do.

Good luck

[Shandy]

Re: Urgent help needed for N244

Thanks Never-In-Doubt. Got details now.

Card was taken out in 2003. In 2008, I found myself out of work. We started £1/month token payment and in 2011 Xmas time and car breakdowns meant we could not even afford £1... She sent in the CCA request in 2009 and heard nothing, account in dispute/serious dispute still nothing. Then there was quiet phase until. 2012 was a rough year and the last thing on our mind was junk/bad news mail. Anyway, at some point we received Claim through CCBC. They sent half a sheet of so called agreement, generic T&C and so called letter of assignment followed by Tomlins Order. We did the letter/estoppel run and then we had revised claim via CCBC asking for stay to be lifted etc. Our defence is that Deed of Assignment is not proper.

Niddy Emailed.

[SaltnVinegar]

Re: Urgent help needed for N244

Hi Shandy

Can't really help you much with a defense, but wanted to say good luck as theres lots of good help on this forum.

On another note if you know anyone else using the getoutofdebtfree website please send them here and to stop using estoppel.

You're the third person I've seen in the last week alone who have come from that site after having a court claim come through the letterbox. I appreciate your situation was desperate so not having a pop at you, I get frustrated that the owner of that site is leading people into serious shite.

Best of luck

SnV