Update

Restons Received Defence They Are Quiet At Moment, And The Court Got Defence It Is Waiting For Judge To Look At It And Decide Next Steps.....

Ola, I Had A Nationwide Credit Card, And I Cca'd Them, They Cashed My Cheque For £1.00 And Wrote Back To Me A Few Weeks Later Saying They Had Lost My Agreement And Credited My Account With £5.00 To Which I Stopped Paying. I Wrote To Their Cusotmer Complaints Team And They Persisted In Their Debt Collection. They Even Sent A Man To My Door With An Emforcement Letter... Then All Of A Sudden Nothing.... Not A Word.... Been 5 Months Now And Nothing.... Now Heres My Predicament. Do I Disturn The Hornets Nest And Write To Them Asking For My Default To Be Removed (afterall They Can Not Prove I Agreed To Them Sharing My Info) But That May Set The Collectors Off Again. Or Do I Keep Quiet???? Also If Anyone Can Help Where I Go About Claiming Back The Interest They Have Charged Over The Years When They Did Not Have An Agreement??? Surely That Comes Under Demanding Money By Menaces (pay Up Or We Will Visit You Are Harrass You And Take You To Court) When I Had Not Agreed To Anything?!?!?!?! Any Suggestions...

I genuinly can not remember the transactions in question. I have SAR my bank and MBNA to get information to help me but MBNA wont send it unless I send them my driving Licence? Is this normal? Its all getting confusing can anyone please help?????

ASSISTANCE REQUIRED PLEASE...... After summary Judgement hearing I have been given some directions, they are:-

1 The defendant do file and serve an ammended defence by 27th April, dealing in particular with the transactions on the Credit Card Statements, both credits and debits. (I have sent SAR to my bank and to MBNA to get set of statements to try and tie the transactions together)

The summary Judgement hearing was adjourned generally.

The judge also stated that the claimant will have to produce an explanation as to why the agreement does not tie up to the alledged debt (the only reference on there is a number that doesnt relate to anything) and also in the default notice it refers to clause 8 of the agreement (agreement only goes upto clause 5!!!) but the claimant only need to do this when my defence is filed.

restons sent a barrister yesterday, I advised them i did not recall the debt and questioned the default notice and agreement etc, the judge then advised if i say i dont recognise the debt and then it is proved it is my debt then this is purgery, he then went through the statements of my account and asked me about random transaction which i did not recognise?? he then made directions to ammend my defence and pay attention in it to the transactions on the statements. sayin that after my defence has ben filed he will make directions to restons, to prove a link between the agreement and the debt and also as the default notice refers to clause 8 of the agreement, but there is no clause 8 in the agreement then he wants this clarifying, the barrister for restons, said they may discontinue if i becomes too much work getting bank details etc and stubs where the money was spent, but the judge said if i lose i will have to pay there costs. any ideas????

I went to court yesterday for Summary Judgement hearing. It went well.. They never got judgement, however judge has sent a lot of directions for me. If anyone can help will you please pm me as I KNOW FOR A FACT the ratstons mob are going through this site regularly as It was mentioned in my letter from them...... HATEFUL ! ! ! I could do with some help please...

how you get on?

whats happened?

let me give you an update..... Got summary judgement hearing on Monday 6th they have sent witness statement from one of the managers at MBNA but it doesnt make much sense... IF I lose (and I hope I dont) how do I give them an income and expendature so that they dont go for a charging order when I cant pay full amount there and then??

Draft Order for Directions

The Claimant shall within 14 days of service of this order send to the Defendant and to the Court:

1. Copies of the Credit Agreement and any documents referred to within it which complies with the Consumer Credit Act 1974 and all subsequent regulations, which the claimant seeks to rely upon.

2. Any terms and conditions that applied to the account at the time of default and at the time the account was opened.

3. Default Notice compliant with s87 (1) Consumer Credit Act 1974 and Consumer Credit (Enforcement, Default and Termination Notices) Regulations 1983 (SI 1983/1561) as amended.

4. Document, contract or deed of assignment.

5. Notice of assignment, with proof of service of the same compliant with s196 of the Law of Property Act 1925.

6. Transcriptions of all telephone conversations recorded and any notes made in relation to telephone conversations by your company, or by any previous creditor.

7. 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 MBNA.

8. Documents relating to any insurance added to the account, including the insurance contract and terms and conditions, date it was added and deleted.

9. 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.

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

11. 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.

12. 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.

12. Copies of any statement for the entire duration of the credit agreement or any other document relied upon.

If the Claimant fails to comply with this order, the claim will be struck out without further order.

The Defendant shall within 14 days thereafter file and serve the following:

1. An amended defence sufficiently particularised in response to the documents supplied by the claimant

If the Defendant fails to comply with this order, the Defence will be struck out without further order.

Plus I will also add in section G that I have enclosed a copy of my original CPR request anda copy of proof of postage

How does that all look?

If it's all ok, will get it printed now ready to take to court 2mrw!

Thanks again for everyones help and advice... couldn't have done it without you!

ALLOCATION QUESTIONNAIRE

Have you sent a copy of this completed form to the other party Yes

A. SETTLEMENT

For All

1. Given that the rules require you to try to settle the claim before the hearing, do you want to attempt to settle at this stage?

No

Reasons: Without production of the requested documents, I am at a disadvantage and am unable to negotiate a settlement without the full facts.

B. LOCATON OF TRIAL

Is there any reason why your claim needs to be heard at a particular court? NO

C. PRE-ACTION PROTOCOLS

You are expected to comply with the relevant pre-action protocol.

Have you done so? No

If No, explain why?

This case is not covered by any approved protocol; I have tried to act reasonably in exchanging information and documents relevant to the claim but have had no response from the claimant in this regard.

D. CASE MANAGEMENT INFORMATION

What amount of the claim is in dispute? £XXX

Applications

Have you made any application(s) in this claim? NO

Witnesses

Xx xxxxx All the facts in the case

XX xxxxx All the facts in the case

ExpertsNo

TrackFast Track

If you have indicated a track which would not be the normal track for the claim, please give a brief reason for your choice:

Its is respectfully requested this case be allocated to the Fast Track, it is a straight forward case and is easily resolved on production of the required documentation by the claimant, should the claimant not have the documentation required to progress this case I suggest that there will be no case to answer.

E TRIAL OR FINAL HEARING

How long do you estimate the trial or final hearing will take? 4 Hours

Are there any days when you, an expert or an essential witness will not be able to attend court for the trial or hearing? NO

F PROPOSED DIRECTIONS

Have you attached a list of the directions you think appropriate for the management of the claim? Yes

If Yes, have they been agreed with the other party? NO

G COSTS

Leave blank

H Fee

I OTHER INFORMATION

Have you attached documents to this questionnaire? YES

Have you sent these documents to the other partyYES

If Yes, when did they receive them?

Do you intend to make any applications in the immediate future?YES

If Yes, what for?

An order seeking the Claimants compliance with information previously requested.

In the space below, set out any other information you consider will help the judge to manage the claim.

If the court is in agreement, the defendant respectfully requests that special directions may be given as per the attached draft order.

The defendant proposes these directions in mind of the Overriding Objectives, and in particular the duty of the parties to help the court further them. The issues outlined below are the crux upon which this claim rests, and the proposed directions identify these issues and will allow them to be assessed in advance of the hearing so that this claim may proceed justly and expeditiously;

without production of the requested documents, I am at a disadvantage and am unable to serve a proper defence. Failure of the claimant to supply the requested documentation will make the case much harder for the court to deal with as without production of the requested documentation will inhibit the courts ability to deal with the case

Its is respectfully requested this case be allocated to the Fast Track, it is a straight forward case and is easily resolved on production of the required documentation by the claimant, should the claimant not have the documentation required to progress this case I suggest that there will be no case to answer.

Therefore it stands to reason that this document must be disclosed before this case can progress any further.

Shall I send both? I will resend my original request with section 18 request written on it, then shall I send the above letter too? Im all confused?

The Claimant Claims payment of the overdue balance due from the Defendant under a contract dated on or about xx/xx/2006 in the sum of £5xxx.xx inclusive of interest to the date of the summons at 8% per annum from xx/xx/xx to xx/xx/xx

PARTICULARS a/c no:- XXXXXXXXXXXXXXXX

DATE ITEM VALUE

XX/XX/XX Defauls Balance 5xxx.xx

Post Refrl Cr NIL

Together with:-

Interest pursuant to s69 County Courts Act 19

at the rate of xxx.xx pence per day

to the date of judgement or sooner payment.

Thanks x20 hope this helps you to help me.

To cut a long story short, Restons have issued court papers on behalf of MBNA (everyones favourite) Virgin card, I have sent off my acknowledgement of service to court saying I intend defending the whole claim, I wrote the following letter to restons and copied in the courts.

Restons Solicitors Ltd

Trinity Chambers

800 Mandarin Court

Warrington

WA1 1GG

In the Northampton (CCBC) County Court

Restons Solicitors/MBNA -v- Mitzbag

Claim Number:

To Whom It May Concern,

REQUEST FOR INFORMATION

I have received a recent court claim from your organisation, despite the fact you were fully aware of the legal dispute with regards to the alleged agreement in question. 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 the alleged agreement held with MBNA.

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.

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,

Mitzbag.

I got back from them a one liner reading ........

We are in receipt of your letter dated xxxxxxxx

It is not our policy to respond to draft documents.

Mr M Dolan.

Have I missed somert ere? Can anyone help a damsel in distress????

His And Hers Default Notices. How Very Mr And Mrs!

Bit confused? Does this mean that they should of supplied the copy of agreement and statement of debt with the claim form or not???? Also does this mean that they do not have to reply to the section 18 request? Also can anyone give details on what a "notice of assignment" should look like/ contain??? thanks the bag x

this is the letter sent to MFI

 

In September 2004!! We made a purchase of bedroom furniture, after it was installed we soon noticed that the cabinets were marking and contacted you at customer services, these tops were replaced but it was evident over the next few months that the entire order was faulty!

 

After a ridiculous amount of emails and phone calls someone from head office confirmed that indeed there had been a fault with the Helsinki range and they would arrange for someone to come out from the store in Stevenage where it was purchased. Many months later, after more calls, Dave Lawman came out to view the marks and confirmed with head office that indeed everything needed replacing. However only the tops of some of the units were delivered. Then after a second visit this spring the carcases were delivered. And dribs and drabs have been delivered since!

 

We are now left with bits and pieces of Helsinki furniture around our house, we have not had the carcases for the wardrobes delivered. The plinths and cornices have not been replaced, we have been advised that they will not come off of the existing furniture intact and although I have contacted the store to inform them of this nothing has been done. I have requested that he find out exactly what is to be done with the existing bedroom furniture as we are certainly not prepared to pay for the hire of a skip to dispose of your faulty goods.

 

We were sold defective goods and the matter has still not been resolved! "

 

They finally replaced all goods told us to get it flat packed and refitted send the invoice into head office who would sort it out. It cost us £695 to get it flat packed and refitted, had to borrow the money to pay the guy and now they say they will only pay £150.

 

I thought the law states you are entitled to replacements and any reasonable losses incurred as a result, boy have we incurred losses, the refit of the bedroom and flat packing as requested by MFI.

 

Can anyone help! :mad:

MFI are part of the "furniture ombudsman" and I too have had murder with them over a faulty kitchen, I have 27 emails and a similar amount of calls kept in a record, once you have done all you can with the company the furniture ombudsman will step in and follow the compliant up for you...the email address is online and they will send you a form out to fill in. Sarah .............