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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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I had a clear dispute with MBNA over a change in the minimum

Customer Question

I had a clear dispute with MBNA over a change in the minimum payment rule which made the debt which made my monthly payments no longer affordable. MBNA had stopped the credit card service over a year earlier when I rejected an increase in interest rates.
I notified MBNA that I believed it was in breach of the credit agreement for making an additional change in terms and condition when it was not offering a service.
1. MBNA claims to have assigned the debt to Link Financing who have passed it on to a third company who has taken me to court. Does the third party have a right in law to litigate this matter. MBNA has not been called as witness
2. The agreement of claimed assignment is defective as it is not properly signed by MBNA. The Claimant has submitted post-disclosure an application for the Court to accept the defective agreement. Is this justifiable in law.
3. I requested bank statements covering the period and the Claimant was so ordered at the preliminary hearing. The Claimant has submitted 6 monthly statements, none for 2007 and statements from 2008. I believe these statements are being suppressed to prevent me from substantiating irregularities during this period. What remedy is available
4What is the appropriate form for submitting these grievances before the court.
5. The Claimants solicitor is seeking a £5000 in costs at £150/h Is this reasonable and what can I do.
6. I am not represented
Submitted: 2 years ago.
Category: Law
Expert:  Ash replied 2 years ago.
Hello my name is ***** ***** I will help you.
May I ask what are your questions about this please?
Customer: replied 2 years ago.
Background: The matter is due for a court hearing soon. I had a clear dispute with MBNA over a change in the minimum payment rule for the credit card which made the debt which made my monthly payments no longer affordable. MBNA had stopped the credit card service over a year earlier when I rejected an increase in interest rates during a period of falling interest rates..
1. Does the third party have a right in law to litigate this matter when there is a prior dispute over breach of contract?. MBNA has not been called as witness.
2. The agreement of claimed assignment is defective as it is not properly signed by MBNA. The Claimant has submitted post-disclosure an application for the Court to accept the defective agreement. Is this justifiable in law?.
3. I requested bank statements covering the period and the Claimant was so ordered at the preliminary hearing. The Claimant has submitted 6 monthly statements for 2006, none for 2007 and statements from 2008. I believe these statements are being suppressed to prevent me from substantiating irregularities during this period. What remedy is available?
4What is the appropriate form for submitting these grievances before the court.
5. The Claimants solicitor is seeking a £5000 in costs at £150/h including for photocopying Is this reasonable and what can I do?.
Expert:  Ash replied 2 years ago.
1) Yes you can't stop them
2) Yes, if the court accepts it
3) You can ask the court for an order for disclosure otherwise strikeout the claim
4) N244 application
5) The court can decide what is reasonable, but can only claim costs if not a small claim.
Can I clarify anything for you about this today please?
Alex
Expert:  Ash replied 2 years ago.
If this answers your question could I invite you rate my answer before you leave today.
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