Help Please Claim Form

[wealthy]

Hi Guys

I rec'd a claim form from Restons Sols acting for MBNA (Abbey) Card today.

I asked for the agreement back in August '07 and they only sent me recent T&C's and a signed statment. The T& C didn't have any name address or signatures..so the account was in dispute and debt not acknowledged.

I got a letter from Restons saying pay up or go to court, they attached an income and expenditure form and said that MBNA were willing to settle at a reduced amount if I call their office.

I sent them a letter saying that the account is in dispute and technically they can not contact me because MBNA have not given me an agreement which allows them to collect.

They sent a letter last week saying that MBNA sent T&C and the debt stands. I hadn't got round to replying to their letter and today I get Claim Forms. The P of C I need help with as I am not sure what is totally being said.

P of C as follows:

The Claimant claims payment of the overdue balance due from the Defendant under a contract dated on or about 18/01/1990 in the sum of £(A) inclusive of interest to the date of this summons at 8% per annum from 17/07/08 to 29/07/08

PARTICULARS a/c no:- xxxxxxx

DATE ITEM VALUE
17/07/2008 Default Balance £(B)
Post Refrl Cr NIL

29/07/2008 Interest (C)
TOTAL:- (A)

Together with:-
Interest pursuant to s69 County Courts Act 19 at the rate of 328.11 pence per day to the date of Judgment or sooner payment.

They have added £310 court fee and £100.00 sols fees.

The issue date is 30/07/2008

I am close to tears now, I'm trying to stop repossession and pay essentials and this really was not needed just at this moment. I can't think straight of what i should be doing now. Do I write to the sols, do I write to MBNA, I've read so many posts on the forum but at this moment none seem to be registering in my head. Would someone please guide me.

Thanks
Wealthy in spirit only

[robinalexander]

The main thing you need to do right now is return the claims form, otherwise after 14 days, you will get a judgement by default. Don't put it off, you NEED to send it back. As for the actual content of the claims form, I'm sure someone else can help you with that.

[FinancialNinja]

Have you sent off the Acknowlegement of service? If not do that right away on line and you then have 28 days to file a defence!!

State on the AOS that you intend to defend all of the claim.

Then we can help put a defence together!!

[42man]

Ok as has been said above, you have to acknowledge the claim within 14 days of the date on the claim, then you have a further 14 days to submit a defence....

If it was me in your position then I would send this by recorded delivery to Restons.....

In the XXXX County Court
Claimant -v- (YOUR NAME)
Claim Number: (CLAIM NUMBER)


Dear XXX

REQUEST FOR INFORMATION

I have received a recent court claim from your organisation. In order to file a defence and counter claim I require some information. Given that this matter is now the subject of legal proceedings, you are obliged to disclose under the Civil Procedure Rules, the information and documents detailed below.

The information must be furnished within fourteen days of the receipt of this letter. If you fail to comply, this will be reported to the Court, a copy of this letter will be provided as evidence to the same and an Order enforcing your compliance will be sought.

1. A true copy of the executed credit agreement and any terms and conditions that applied to the account at the time of default and at the time the account was opened. True copies of any notice of assignment and/or default notice or enforcement notice that you or the original creditor sent me, with a copy of any proof of postage that you hold.


1.1 If copies of any of the above documents are to be relied on in court rather than originals, a copy of the Notice of proposal to adduce hearsay evidence required under s2(1) of the Civil Evidence Act 1995 together with proof of the authenticity of the document(s) as required under s8(1)(b) of the Act, including but not limited to:

(a) a copy of the procedure(s) used for copying, storing and retrieving documents
(b) a copy of the relevant log entry showing the time and date of the scan or copy, the name of the member of staff making the copy, the method used for copying, storage and retrieval and time and date of destruction of the original document(s)
(c) copies of internal and external audit reports covering the entire period from the date of the copy to the present to demonstrate that the procedures have been complied with
(d) copies of Quality Assurance accreditation certificates covering the entire period from the date of the copy to the present to demonstrate that the procedure(s) and audit process(es) comply with the appropriate quality standards

2. All records you hold on me relevant to this case, including but not limited to:

a. Transcriptions of all telephone conversations recorded and any notes made in relation to telephone conversations by your company, or by any previous creditor
b. Where there has been any event in my account history over this period which has required manual intervention by any person, I require disclosure of any indication or notes which have either caused or resulted in that manual intervention, or other evidence of that manual intervention in relation to my account formerly held with *********.(AMEND TO THE COMPANY NAME)
c. .Documents relating to any insurance added to the account, including the insurance contract and terms and conditions, date it was added and deleted (if applicable).
d. Details of any collection charge added to the account; specifically, the date it was levied, the amount of the charge, a detailed financial breakdown of how the charge was calculated, and what the charge covers.
e. Specific details of the fees/charges levied by any other agency in respect of this account and a detailed breakdown of said fees/charges and what each charge relates to and on what date said fees/charges were levied.
f. A genuine copy of any notice of fair use of my data as required by the Data Protection Act 1998
g. A list of third party agencies to whom you have disclosed my personal data and a summary of the nature of the information you have disclosed.
h. Copies of statements for the entire duration of the credit agreement.


3. Any other documents you seek to rely on in court.


I will require this information within the next fourteen days. I must advise you that if the information is not forthcoming, it will be reported to the Court that you are trying to frustrate proceedings and denying me the opportunity to file a defence and counter claim.

Yours sincerely,

XXXX (type, don't sign).

I would also have a good read through the legal successes forums too which will give you some good help and give you an idea of what is being said and why you are requesting the info....

http://www.consumeractiongroup.co.uk...gal-successes/

[wealthy]

Ok thanks guys am doing that today.

[wealthy]

Hi

What should I be doing about the defence please? I don't understand the P of C very much.

thanks

[saintly_1]

Did you get the Acknowledgement of service done?

Did you send the request for information to restons ?

[creditcardmug]

The POC is laughable,if this is a credit card it should say regulated agreement, if its regulated they cant have s69 interest,it says contract dated on or about, so they obviously don't have this contract,or they would know what date is on it.
They will get absolutely nowhere with this IMO.

Have you sent the CPR request yet?

Have you filed your Acknowledgement of Service?

Can a mod move this to the legal forum?

[wealthy]

Hi Guys

Sorry I didn't realise it should be in the legal forum... i'm panicky.

Yes I've sent the Acknowledgement of Service and the CPR Request to Restons which was recorded delivery.

I got a letter today from Restons from their Managing Director it says:

Thank you for your letter dated 6 Aug 2008.

Your request appears to follow the format suggested on a number of "consumer" websites the express purpose of which is to obstruct or frustrate legal proceedings by requesting large amounts of information/copy documentation which it is hoped cannot be produced. As such your request is both inappropriate and an abuse of the Court process,

Yours faithfully

What should I do now please. I need to write a defence and no matter how hard I try to understand the act they are referring to in the P of C I can't get my head around it.
Please would someone guide me here.

Many thanks

[saintly_1]

Thread moved to Legal Issues

[creditcardmug]

Originally Posted by wealthy

Hi Guys

Sorry I didn't realise it should be in the legal forum... i'm panicky.

Yes I've sent the Acknowledgement of Service and the CPR Request to Restons which was recorded delivery.

I got a letter today from Restons from their Managing Director it says:

Thank you for your letter dated 6 Aug 2008.

Your request appears to follow the format suggested on a number of "consumer" websites the express purpose of which is to obstruct or frustrate legal proceedings by requesting large amounts of information/copy documentation which it is hoped cannot be produced. As such your request is both inappropriate and an abuse of the Court process,

Yours faithfully

What should I do now please. I need to write a defence and no matter how hard I try to understand the act they are referring to in the P of C I can't get my head around it.
Please would someone guide me here.

Many thanks

Well, this is a different tack from them, they are trying to turn the tables on us, suggesting that we are abusing the court process, when in fact we are using the same laws against them as they are using against us, and we are fully entitled to ask for ANY information relevant to THEIR court claim.

Keep this letter to go in your bundle should this ever result in a hearing, which is very doubtful.

Dont bother replying to this.

[creditcardmug]

By my calculation your defence must be filed by 1/9/8, which court is it in?
Have you said you are defending ALL of the claim in you AOS?

[wealthy]

Hi Creditcardmug

I was looking at it being 27/08/08 I forgot about the 5 days on top for the defence.
I'm in Birmingham so hopefully it will be heard near me, and yes I am defending all of the claim. I reckoned that if they haven't given me an agreement in a year, it may be because they can't get it or something and because they haven't given me the statements I can't be sure of all the penalty charges put on so I thought I'd try with defending all of it.
Do you think that could be a wrong move?
If they don't send the stuff asked for how is it possible to make a defence?
How is it that by asking for the stuff in the CPR letter an abuse of the court process?
I understood it that they have to provide it for the trial anyway, so isn't it better to save a lot of time and anxiety and provide the stuff now?
I've got knots in my stomach just thinking about the whole thing.
Thanks for your support, I think if it wasn't for this forum I would've caved in a while ago.

[creditcardmug]

Ok, first thing you have done the right thing by defending all of the claim, the fact they you have received nothing in response to your CPR request is in your favour.
Its also to your advantage to file the defence at the last possible moment.
Yes they would have to provide everything for any trial, which is why you have to make it clear that you have asked for it, which you have done,they are not interested in saving your time or anxiety im afraid,

You have a few weeks to prepare you defence, and you will get all the help you need on here, there will be a few questions along the way just to get the defence right, but dont worry your case is very good, i wish some of mine were as good.
I hope this has put your mind at rest a bit, these things are more difficult to handle than a lot of people think, until it happens to them, but there is light at the end of the tunnel.

Which court is it Northampton by ant chance?

[Mr lex]

I understood it that they have to provide it for the trial anyway,

Yes they do !!

They are just hoping you will cave in and pay, don't be surprised if they try other little tricks in the build up to the case getting to court. You are being well advised on this thread, keep it up.

Lex