MBNA/Restons Claimform - old MBNA Card DEbt *** WON ***

[supasnooper]

Hi All,

 

Received this letter at the beginning of the month from .

 

 

So I sent them a CCA request on 6th September 2008.

 

They have replied with this letter.

 

 

Am I right in thinking I send them a reply that they are responsible for the request ?

[berrylover]

Oh yes, and once the 12+2 working days is up you need to send them this letter

 

I do not acknowledge any debt to your company

Dear Sir,

Re:−

FORMAL NOTICE - ACCOUNT IN DISPUTE.

This letter is further to letter from yourselves dated 12th September 2008.

On the 6th September 2008 I wrote to you requesting a copy of the credit agreement and other information under the Consumer Credit Act 1974 (Sections 77-79).

 

To date you have failed to comply with these requests in any way.

 

These documents I requested should be readily available as proof of your legal right to collect this account under the Consumer Credit Act 1974.

 

Furthermore, you are aware that the Consumer Credit Act allows 12 working days for a request for a true copy of a credit agreement to be carried out before you enter into a default situation.

 

These limits have expired.

 

As you are no doubt aware the Consumer Credit Act states:

 

If the creditor fails to comply with Subsection (1)

 

He is not entitled , while the default continues, to enforce the agreement.

 

Therefore this account has become unenforceable at law.

 

Consequentially any legal action you pursue will be averred as both UNLAWFUL and VEXATIOUS.

 

Furthermore I shall counter-claim that any such action constitutes unlawful harassment.

 

Please note you may also consider this letter as a statutory notice under section 10 of the Data Protection Act to cease processing any data in relation to this account with immediate effect.

 

This means you must remove all information regarding this account from your own internal records and from my records with any credit reference agencies.

Should you refuse to comply, you must within 21 days of the initial request to stop processing my details, provide me with a detailed breakdown of your reasoning behind continuing to process my data.

 

It is not sufficient to simply state that you have a ‘legal right’. You must outline your reasoning in this matter and state upon which legislation this reasoning depends.

 

Furthermore you should be aware that a creditor is not permitted to take ANY

Action against an account whilst it remains in dispute.

 

The lack of a credit agreement is a very clear dispute and as such the following applies.

 

* You may not demand any payment on the account, nor am I obliged to offer any payment to you.

* You may not add further interest or any charges to the account.

* You may not pass the account to a third party.

* You may not register any information in respect of the account with any credit reference agency.

* You may not issue a default notice related to the account.

 

I reserve the right to report your actions to any such regulatory authorities as I see fit including but not limited to Trading Standards, the Office of Fair Trading, the Information Commissioners Office, The Financial Ombudsman Service and my MP .

You have 7 days from receiving this letter to contact me with your intentions to resolve this matter which is now a formal complaint.

 

I would appreciate your due diligence in this matter.

 

I look forward to hearing from you in writing.

 

Yours faithfully

 

 

Remember DONT SIGN IT, send it recorded delivery and sit back and wait.

[zazen.warrior]

If you have not already done so CCA the OC now; I suspect you will not hear from Restons again.

Edited September 18, 2008 by zazen.warrior

[supasnooper]

Thank you both for your advice.

 

Just about to search on this site for a suitable reply to Restons.

 

I'll update the thread as it progresses.

[berrylover]

Don't bother replying until the 12+2 is up. You have asked for a CCA, they know they should be sending you one, you can send the second letter a week today.

[supasnooper]

Ohhhhhhh, you've spoilt my fun for the day.

 

I was really looking forward to winding them up but it'll wait for a week.

[berrylover]

lol, I know, patience is a virtue!

[supasnooper]

Well blow me down with a feather !

 

I get home and find that Restons have submitted a CCJ through Northampton County Court and asked for interest from 01/09/08 - 16/09/08 and interest through to the day of judgement.

 

Next step please people ?

Edited September 18, 2008 by supasnooper
more facts added

[PossVox]

Acknowledge service and state that you intend to defend the whole claim.

 

Send for the CCA from the OC.

 

I have the same thing going on with CRAPBOT.

 

PV

[supasnooper]

Thanks PossVox for your advice.

[PossVox]

They cannot take this to court whilst the account is dispute.

 

You must put that on the defence that you return to the court. i.e. that you have requested evidence that this debt is yours and enforcable and that they have not supplied this (the CCA).

 

Have you CCA'd the OC? Have you sent the "Account in Dispute" letter as advised earlier in the thread?

 

Remember to send everthing recorded post.

 

Good Luck!

 

PV

[berrylover]

Ooooh the gloves are now off. Do as PossVox says and maybe start a new thread with the fact that they are CCJ'ing you in the title. You will get no end of help here. It will also be moved to a court nearer to you as you are an individual and not a company. Don't worry you are going to fight them.

[zazen.warrior]

CPR request to Restons and perhaps ask a mod to change the header rather than start a new thread.

 

In the XXXX County Court

Claimant -v- (YOUR NAME)

Claim Number: (CLAIM NUMBER)

 

 

Dear XXX

 

REQUEST FOR INFORMATION CPR 18

 

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.

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. 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.

d.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).

e. 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.

f. 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.

g. A genuine copy of any notice of fair use of my data as required by the Data Protection Act 1998

h. 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.

i. 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).

Edited September 18, 2008 by zazen.warrior

[berrylover]

Ahh there you go see, someone who knows how to get things done, you definitely want the heading changed to say they are going for a CCJ and you need help.

[zazen.warrior]

If they do not respond fully you will need to submit an 'embarrassed' defence but let's not get ahead of ourselves.

 

Allow a week or two for a response and then update here - have you have acknowledged service online?

[supasnooper]

Good Morning All.

 

Firstly thanks for your advice and support; it's good to know that it's here.

 

Haven't managed to acknowledge service online as it won't accept the claim number so I'll try again later.

 

Got the CPR letter ready to post but does it go to the Claimant ( MBNA) or to Restons ?

 

And finally, how do I contact a Moderator to get the title changed ?

Edited September 19, 2008 by supasnooper

[zazen.warrior]

CPR letter to Restons by at least recorded delivery. I think if you click the red triangle it will grab the attention of a mod - did this for you

Edited September 19, 2008 by zazen.warrior

[supasnooper]

Thanks ZW for your help.

 

I haven't CCA'd the OC as advised earlier in the thread as I will now be getting the CCA from the CPR request.

 

Don't know if it is now worth sending the "Account in Dispute" letter as it's now a CCJ claim....but open to suggestions.

 

When acknowleding service online do I need to tick the box "I intend to contest jurisdiction" ?

[42man]

I have updated Zazen's CPR request as it must state CPR 18...

 

Supa what are the POC (particulars of claim) ??

[42man]

And yes acknowledge and defend ALL !!

[42man]

Edited....wrong threads...

[supasnooper]

Thanks 42man for the info.

 

Will scan and post on the thread the POC as soon as possible.

 

 

Do I need to tick the I intend to contest jurisdiction ?

 

Intention

 

I intend to defend all of this claimdefend part of this claimTick when appropriate I intend to contest jurisdiction

[supasnooper]

POC as requested - the amount is over £5000.00

 

[supasnooper]

Just to clarify when I complete the Acknowlege Service online do I need to tick the box I intend to contest jurisdiction ?

 

[zazen.warrior]

Just to clarify when I complete the Acknowlege Service online do I need to tick the box I intend to contest jurisdiction ?

 

 

 

No don't tick it.