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pudsters14

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  1. sorry not been on for a while, Restons got a ccj and charging order against me. Can they charge me interest on the debt now?
  2. Hi all, I am helping a couple of friends and just wondered if anyone could send me either some template letters or a link to them for ojecting to a charging order when the interim charging order has been granted... I found em the other week and can't find them now.... doh!!!! Thanks in advance... Pudst x x x x x x
  3. BUMP... I've also been mis-sold to by Scottish Widows and looking to start my complaint - just wondered whether there were any answers to this thread? Pudst x x x x
  4. Thanx SSnooper, this is mitzbag's case... i am just helping out this time... makes a change lol! We will take the relevant cases with us. The judge at the summary judgement hearing said that once the amended defence is received, he will then give further direction to restons/mbna about them providing the information queried such as the link between docs etc so not sure when the actual hearing will be (restons person also said that they may decide not to pursue it) Thanx for all your help!! Pudst x x x x
  5. Defence has been submitted to court... Restons next....
  6. Brill thanx SSnooper... i also need to appose their costs as well because it wouldnt have got this far if they had complied with the requests etc. Does it look okay other than that? Does it need beefing up anywhere? Pudst x x x x
  7. Oh and i know all the nums are wrong... lol Plese give me your opinions... thanx Pudst x x x
  8. Can some one please have a small look over this defence for me. It's being taken into court 2mrw and I could just do with opinions... have i left anythin major out etc.... it isn't quite finished tho..... Thanks... Pudst x x x x _______________________________________________________________ In the XXXX County Court Claim number - XXXXXXXX MBNA Ltd - Claimant and Mitzbag - Defendant Defence 1. In this Defence, the Consumer Credit Act 1974 as amended is referred to as “the Act”. The Consumer Credit (Cancellation Notices and Copies of Documents) Regulations 1983 are referred to as the “Copies Regulations”. The Consumer Credit (Agreements) Regulations 1983 are referred to as the “Agreements Regulations”. The Consumer Credit (Enforcement, Default and Termination Notices) Regulations 1983 are referred to as the “Enforcement Regulations.” 2. I, Mitzbag, am the defendant in this action and make the following statement as my defence to the claim made by MBNA Ltd. Background Information 3. At the point where my previous defence was required I was not in possession of documents from the claimant (In the build up to this action, I had raised a formal dispute with MBNA Ltd and later on Restons Solicitors. On 16th November 2007 and 14th November 2008 I sent a request under section 78(1) of the Consumer Credit Act 1974 for a true copy of the executed Credit Agreement, and a statement of account detailing the principal, and all charges and fees made in respect of the debt. I requested the claimant supply this information within 14 days which I do not feel was unreasonable given that the claimant would surely hold such documentation as they had instigated legal action based upon such documents. MBNA received the first request on 17th November 2007 by recorded delivery and I hand-delivered the second request to Restons Solicitors. The claimant has so far failed to send me the full and required information and Restons Solicitors have refused to deal with my request. A copy of the request dated 16/11/07 is attached to this defence marked BAG01 along with proof of postage, marked BAG02. A copy of the request made to Restons Solicitors is also attached to this defence marked BAG03 and Restons' response is attached marked BAG04.). These documents were vital to my ability to defend this action and placed me at a distinct disadvantage. The claimant failed to include the written agreement, which formed the basis of this claim in accordance with part 16 and Practice Direction 16 of the Civil Procedure Rules. 4. The claimant failed to supply the requested information within the requested time frame so accordingly I could only file a minimal defence. The claimant was indeed very obstructive and each time I requested this information, the claimant failed to correspond with me. However, the claimant has now supplied some of the requested information, and now after consideration of the documents which have been supplied I can now make an amended defence to the claimants particulars which takes into account the information I have been sent. 5. On xx/xx/xxxx the claimant refused my request under the Civil Procedure Rules and has since still only provided me with very minimal documents. As a result it has still proven difficult to compose this defence without disclosure of the information requested, especially given that I am litigant in person. 6. After consideration of the documents referred to in point 4 I consequently question the allegations made in the Claimant’s Particulars of Claim and accordingly place the claimant to strict proof that I am indebted to them thereof. The Transactions on the Account 8. The transactions on the account are not admitted nor denied. The defendant does not recall the specific transactions on the account, particularly the big transactions for example the £5000.00 credit. The defendant has written to both his current bank, his bank at the time and MBNA for further clarification on this matter. (Exhibit BAGXX is the subject access request to Halifax, BAGXX is the subject access request to Lloyds TSB, BAGXX is the subject access request to MBNA, BAGXX is MBNA’s response and BAGXX is the latest correspondence from the defendant to MBNA regarding this matter.) 9. As you can see from BAGXX (MBNA’s response to the defendant) trying to get any information from the Claimant has proven very difficult and therefore has hindered a lot of the court process for the defendant especially as they are litigant in person. MBNA’s responses to s78 request defective 10. It is submitted the credit agreement supplied falls foul of the Agreements Regulations in so far that the document supplied as an executed Credit Agreement is actually some form of application form. This has a reference number on it that does not link up with any other of the documents, for example the statements that have been supplied. There is no apparent link between the documents at all. 9. If MBNA are to rely on their responses to the Defendant’s s78 requests, they were defective in the following ways:- (a) The response on 20/12/2007 was defective because a statement of the account was provided as required by s78(1) but it did not include a statement of “the amounts and the due dates of any payments which, if the debtor does not draw further on the account, will later become payable under the agreement by the debtor to the creditor” [as required by s78 (1)© of the Act.] (b) The response on 16/12/2008 was defective because (i)Again a statement of the account was provided as required by s78(1) but it did not include a statement of “the amounts and the due dates of any payments which, if the debtor does not draw further on the account, will later become payable under the agreement by the debtor to the creditor” [as required by s78 (1)© of the Act.] (ii) They sent a set of terms and conditions which looked to be the latest ones, however, there was no explanation as to whether they applied to the account and what dates. (iii) This reply also failed to include any of the other financial particulars as required by s78 (1) (a), s78 (1) (b) and s78 (1) © of the Act. 10. Further more the defendant requires clarification on the status of the original agreement, the defendant requires the claimant provide a certified copy of the original agreement. If the document is no longer in existence the defendant requires certification of destruction and furthermore the defendant will call into question the validity of any purported copy of the said contract where the original has been destroyed. The defendant will require production of details as to when any copy was made and what medium the copy has been stored on along with clarification of who has had access to the document and also require written clarification that any copy document produced is authentic. The defendant notes that the Civil procedure rules also require the original documents to be made available under practice direction 32. Default Notice Defective 10. In addition to the credit agreement being flawed, the default notice served under s87 (1) of the Act failed to comply with the Enforcement Regulations. 11. On 13th October 2008 I received a letter from MBNA Limited. The letter was headed Default Notice served under section 87(1) Consumer Credit Act 1974. The notice clearly states that the breach is of ‘clause 8’, however on the application form/alleged agreement there is no ‘clause 8’. Thus this goes against the provisions of the Enforcement Regulations, Regulation 2(2) schedule 2:- (i)Details of breach of agreement and action required to remedy, or pay compensation for, the breach 3 A specification of:-- (a) the provision of the agreement alleged to have been breached; and (b) the nature of the alleged breach of the agreement, specifying clearly the matters complained of; and either © if the breach is capable of remedy, what action is required to remedy it and the date, being a date [not less than fourteen days] after the date of service of the notice, before which that action is to be taken; or (d) if the breach is not capable of remedy, the sum (if any) required to be paid as compensation for the breach and the date, being a date [not less than fourteen days] after the date of service of the notice, before which it is to be paid. 11. In the case of Woodchester Lease Management Services Ltd v Swain & Co - [1998] All ER (D) 339 in the Court of Appeal, the court addressed in some detail the issue of the contents of a default notice and should the notice fail to comply with the Enforcement Regulations it would render the default notice invalid. I quote the comment of KENNEDY LJ: ‘This statute was plainly enacted to protect consumers, most of whom are likely to be individuals‘; The judgment appears confirm the consumer credit legislation made under the Act as plainly enacted and set out to offer protection to the consumer. Therefore it is suggested that the failure of the claimant to set out the default notice in accordance with the Enforcement Regulations could unduly prejudice me as it failed to properly identify both the part of the alleged agreement breached (section XX doesn’t appear on the alleged agreement provided). 41. Failure of a default notice to be accurate not only invalidates the default notice (Woodchester Lease Management Services Ltd v Swain and Co - [2001] GCCR 2255) but is a unlawful rescission of contract which would not only prevent the court enforcing any alleged debt, but give me a counter claim for damages Kpohraror v Woolwich Building Society [1996] 4 All ER 119. 14. Without fair warning the claimant brought this action in what appears ignorance of the Civil Procedure Rules Pre Action Protocols Para 4.3, as no letter before action was received. 15. The defendant also requests that the court order the claimant to disclose a list of all charges made to the account and a list of the costs associated with each charge for the last six years to prove that the alleged debt amounts to the amount claimed. The defendant also respectfully asks for documents related to any insurance added to the alleged debt. 16. Regarding that which is denied, the claimant seeks to claim statutory interest pursuant to section 69 of the County Courts Act 1984 at the rate of 8% per annum. The defendant notes that the claimant is not entitled to do so and attention is drawn to The County Courts Interest on Judgment Debts Order 1991 Section 2 (3)(a) which sets out that this is the case as this claim is in relation to a debt regulated by the Consumer Credit Act 1974. Conclusion 42. In view of matters pleaded, I respectfully request the court give consideration to striking out the claimants case pursuant to part 3.4 (2) The court may strike out a statement of case if it appears to the court - (a) That the statement of case discloses no reasonable grounds for bringing or defending (b) That the statement of case is an abuse of the court's process or is otherwise likely to obstruct the just disposal of the proceedings; or © That there has been a failure to comply with a rule, practice direction or court order. 13. If the court considers it inappropriate to use its case management powers, it is requested that the court order the claimant to show the exact link between documents and explain why they are quoting a section of the alleged agreement that does not exist in the paperwork provided. Without this information the case can not be dealt with justly and fairly, and will severely prejudice my rights to a fair trial. 44. As laid out in point 24 the defendant requires that the claimant provide the requested information and proofs and authenticities. The defendant requests that the court order that the claimant supply the information requested. 17. Having instigated these proceedings without any legal basis for doing so, having failed to provide sufficient information required under the pre-trial protocols in order to investigate this claim, or indeed to provide a reasonable time period to investigate this matter, and having failed to investigate a dispute as required by the OFT Debt collection Guidelines I believe the Claimant's conduct amounts to unlawful harassment under section 40 of The Administration of Justice Act 1970. Furthermore, the Claimant's behaviour is entirely vexatious and wholly unreasonable. 18. In addition, should it be suggested that the claim falls under the Consumer Credit Act 2006, it is drawn to the courts attention that schedule 3, s11 of the Consumer Credit Act 2006 prevents s15 repealing s127 (3) of the 1974 Act for agreements made before s15 came into effect since the agreement is alleged to have commenced in 20/02/2006 the Consumer Credit Act 1974 is the relevant act in this case. 19. The defendant respectfully asks the permission of the court to further amend this defence when the above documents are provided by the claimant. Statement of Truth I, Mitzbag, believe the above statement to be true and factual. Signed - .............................................. Date ....................
  9. bump pls... can anyone help pls? pudst x x x
  10. Hiya guys - thanx... thanx.... Is there a time limit for this wasted costs thingy? LOOK AT ME BEING FAMOUS! That's brill, thanx Martin.... Pudst x x x x x
  11. Hiya all I knew there was more thank yous i needed to make atawozee, supersnooper, cit b, underdog.... thanks also for all your help!! I have tried to give everyone reputation along the way anyway but THANKS TO ALL!!!!! Just gotta get my head around this wasted costs thing nw! Pudst x x x x
  12. Thanx A+.... I'm so chuffed... Pudst x x x x
  13. Oh and thanx 42man/pompeyfaith the names are coming back to me now! LOL Pudst x
  14. Hiya all hahahahaha i've not been bumped off but certainly feel in the wars. I've hardly been on here because I had a major operation at the end of Feb so have been laid up a lot. But now I'm baaaaaaack! hahahaha Right UPDATE TIME! Right As you know I submitted my witness statement and docs with lots of help from lovely Corn (thanx so much!!!!) Link had never come back with anything at all but due to my operation I had to write to the judge to get the date for the hearing moved as I wasn't well enough to go. When I wrote I also mentioned that Link hadn't complied with the order from the directions hearing... The judge then ordered that they file their docs and an application for relisting and the case was stayed. They had a certain time to do that in otherwise it would be struck out. That date was 2 weeks ago... I got confirmation on Friday that the claim has definately been struck out! They did not comply in any way shape or form with either of the orders....Wahay!!!!! Am so pleased and its such a weight off my mind as I am recovering from major surgery at the moment... Thanx so much for everyones help... I will mention some names but please please please dont think i dont value your contribution or input if i havent mentioned you as my grey matter is jellyfied atm and i can bearly remember what i had for tea last nite! LOL Thanx so much Steven, Corn, Magda, Banker Rhymes with, Martin, S.AgentX20... erm thinking thinking... infact everyone whos submitted any kind of message on this thread.. thanks...thanks... thanks it means the world... Onto my other consumer issues now.... Oh and can I claim costs? Had to ask! Thanx again!!!!!!!!!!!!! Pudst x x x x x x x x x x
  15. Hiya all....................quick update for you.... I submitted my witness statement and docs. They still haven't sent anything in at all. Just waiting now... Pudst x x x x
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