County Court Claim

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County Court Claim

Postby crash2012 » Tue Jan 10, 2012 7:18 pm

Hi

I have posted this also under new user but perhaps it is better in this general section.

I have a problem with MBNA. My Credit Card is from 2005 and while I was out of the country last year they sent Default Notice and now this CC Claim. In the particulars of the claim it says:
"The Claimant claims payment of the overdue balance due from the Defendant under a contract dated on or about 24/10/2005 in the sum of......."

I send off the CPR.31.14 which they only replied to yesterday. I receive something that looks like an application from, will this be acceptable in court?

Before the default notice I got harassed by MBNA agents although I told them I was out of the country. Sometimes up to 3 calls a day. In the end I switched my mobile phone off.

Early replies would be appreciated.
Last edited by crash2012 on Thu Jan 12, 2012 1:09 am, edited 2 times in total.
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Re: MBNA/Reston County Court Claim

Postby ljtherock » Tue Jan 10, 2012 10:23 pm

Challenge the courts jurisdiction.

Read up on it over at jforjustice website.
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Re: County Court Claim

Postby Deacus » Thu Jan 12, 2012 1:37 pm

Did you request the original contract with the CPR.31.14?
Condemnation with out investigation is the height of ignorance
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Re: County Court Claim

Postby crash2012 » Thu Jan 12, 2012 6:38 pm

Well this were my exact words:

'1.The agreement relating to MBNA Credit Card, including terms and conditions at inception and as verified. You will appreciate that in an ordinary case and by reason of the provisions of CPR PD 16 para 7.3, where a claim is based upon a written agreement, a copy of the contract or documents constituting the agreement should be attached to or served with the particulars of claim and the originals should be available at the hearing. Further, that any general conditions incorporated in the contract should also be attached."


They send me back a doctored application form with my signature and no credit limit and called it an executed agreement.
thanks for your reply.
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