27th May 2021
Defendant’s appeal of the order made by HHJ Clarke dated 7 February 2020.
The Appeal is in relation to the decision of HHJ Clarke, which dismissed an appeal from the County court on a single issue within a trial which was adjourned part-heard. The claim relates to a credit card agreement, regulated by the Consumer Credit Act 1974, (the 1974 Act) between the Applicant and MBNA. The agreement was allegedly assigned by MBNA to a Third Party then further assigned by them to the Respondent. Although the Respondent did not provide a copy of the Default Notice to the Court, the DDJ inferred that the Applicant had been served with a Default Notice in compliance with the 1974 Act on 12 December 2012.