No only the statement in december no comms log. i sent them a LBA 5/5/09 and what you had written, no reply to that. At this hearing if the are successful can i ask for dianne powell from MBNA to attent trial on 30/6/09 as she has been sprung on me as a new witness

The hearing from post 451 is on friday. Thats come round quick. its a hearing from claimant to get strike out order set aside as they think they have complied !!! and still nothing from MBNA for my SAR and LBA from letter in post 468 Lets get it on

Well that was before the first DN on statement dated 31/5/08, 1st DN was 18/6/08 so it was well terminated by the second DN as the amout to rectify was the exact same as well indicating that the arrears are not acrruing.

Is the charge off the termination? The letter has gone as the hearing is 22/5/09 for set aside by MBNA

That is in the post toady. Sorted. Cheers

Thanks. The ball is bouncing back to their court.

I will but i dont know what it is? Is it a Letter Befor Action? Is there a template that i can use? Thanks as always

Dont have the complete coms log. Bouchier has produced page 15 of it without producing page 1 to 14 and 16 onwards so thats incomplete. MBNA just sent statment in response to SAR request. My statemnt shows 'Charge off- adjustment' that was 31/5/08 with amount £11262.35 (Ist DN was sent 11/6/08) Account number changed from ending in 0454 to 4475 on the next July 08 staemnt. The letterhead went from Alliance and Leicester to MBNA at the same time cheers

Thanks VS Now i am confused. I think the main thing is to get a statement to the court by deadline on 5/5/09. Then clarify if my letter to court asking if 'unless order' is applicable and has been struck out. If it has all well and good If not, I would want time to make fully particularised defence becuse they are now producing further evidence such as statemnt from Dianne powell from MBNA and I would want to call her as a witness. However i dont know how I go about all this. What forms do I need. ultimatley if it goes to trial i think i have a good chance. Help!!!!

Today is the first ive heard of it, cos its only dated on 30/4/09 and in their email dated 30/4/09 it says further correspondence to follow. I presume thius is it. They are trying to stitch me. It wont work. Thanks for your help. Their offer of explanation in the letter is that there may be 2 court files, well there probably is cos they went for summary judgement well before deadline for me to submit AQ. So im doing one thing and they are doing another.

In para 3 of Bouchier statement The default notice he says 'different account number makes no material affect to validity' Well it does cos I cant identify it plus there is no name of creditor and no address for creditor so it fails just on 3 points Plus now they have served Dianne powell stement on me on the 30/4/09 (as it was only completed on that day) and that was not served on me for summary hearing and now they are relying on it!!!!!!!!

well I thought I was doing well till all this landed on my doorstep today Can anyone assist !!!!! It looks as though Restons think they have already complied with the order. There are a few things I'd like to raise such as comments in their letter such as 'our client does not,nor is obliged to,retain the actual agreement' The order states agreemnt under number ending in 0454 and they sent the one ending in 9210 so it cant be the orginal. In other letter it says 'Mr Bouchiers witness statement deals with the question of service of default notice' So any one with any ideas as what to do next?

Cheers I think para 96 is what you say but in different words. I think.

Cheers i know what your saying, so heres the full witness statment 2nd Witness Statement of xxxxxxx 1st May 2009 In the Liverpool County Court Claim Number: xxxxx Between: MBNA Europe Bank Limited (Claimant) -And- xxxxx(Defendant) _________________________ 2nd WITNESS STATEMENT OF xxxxx _________________________ 1. I, xxxxx, being the Defendant, am a litigant in person in this case. 2. I make this Witness Statement in support of my defence against the Claimants claim against me. 3. I make this Witness Statement from information and facts within my own knowledge and which I believe to be true. 4. In this statement I will refer to facts relating to the claimant regarding their failure to follow recognised procedures, practices and protocols during their prosecution of this case and their failure to respond to my lawful requests. 5. It is accepted that I had use of a credit card supplied by the claimant at the material times, but late in 2007, due to changes in my financial circumstances, I was unable to make the minimum payments requested on the monthly statements received by me from MBNA Europe Bank Limited. This led to MBNA making a series of telephone calls to me enquiring as to why the payments had not been made. 6. During these telephone calls I had explained to MBNA Europe Bank Limited about the change in my financial circumstances and that I was unable to make the payments which they were requesting. I tried to negotiate with them to get them to accept reduced payments and asked them to accept token monthly payment amounts of £30 and later reduced to £12, which was agreed. In case there is any doubt that there was a reduced payment agreement in place there are notes to that effect on credit cards statements (referred to in MBNA4 on Claimants disclosure) 7. The amount which I could realistically afford to pay per month was calculated by subtracting my basic living expenditure from my income and dividing the remainder between all my creditors on a pro-rata basis, and I then started to make the payments monthly. I also submitted an Income and Expenditure form. 8. On 20th June 2008 I received a Default Notice dated 18th June 2008 (Exhibit NRF1 and copy attached) from MBNA Europe Bank Limited served under s87 (1) Consumer Credit Act 1974. 9. This was signed by Mathew McGrath, Head of Customer Service. 10. However, the Claimant failed to set out the Default Notice in accordance with the Consumer Credit (Enforcement, Default and Termination Notices) Regulations 1983 (SI 1983/1561), which consequently failed to comply with the requirements because of at least two deficiencies. Specifically, it failed to be accurate due to; 10.1. It failed to give the required period to remedy the default, i.e. it was issued on 18th June 2008, therefore the date of service was 20th June 2008, and the date given by which to remedy the breach was clearly given as 1st July 2008. This amounts to eleven days and not the required fourteen days as stipulated by the Consumer Credit (Enforcement, Default and Termination Notices) Regulations 1983 (SI 1983/1561). 10.2. In the default notice dated 18th June 2008 (NRF1) line 1 refers to “Clause 3 of that agreement provides that you must repay immediately the amount of arrears on the account” In the Terms and Conditions relating to this account provided by Restons on 10th February 2009 see (and note that Restons relying on copies) makes no mention of repayment of full amount and this clause deals with late charges and fees applied. The fees were £25 11. As I did not remedy by 1st July 2008 the account was terminated. 12. MBNA in this Default Notice (NRF1) said they WILL terminate the agreement. 13. For avoidance of doubt ‘the further action set out below may be taken against you’ is a statutory requirement to be included in any default notice issued in accordance with s87 of the Consumer Credit Act 1974 and the use of the word *may* does not negate the specific use of the word *will* within the statement ‘the agreement will be terminated’ 14. S87. Need for default notice (1) Service of a notice on the debtor or hirer in accordance with section 88 (a “default notice”) is necessary before the creditor or owner can become entitled, by reason of any breach by the debtor or hirer of a regulated agreement, (a) to terminate the agreement, or (b) to demand earlier payment of any sum, or © to recover possession of any goods or land, or (d) to treat any right conferred on the debtor or hirer by the agreement as terminated, restricted or deferred, or (e) to enforce any security. (2) Subsection (1) does not prevent the creditor from treating the right to draw upon any credit as restricted or deferred, and taking such steps as may be necessary to make the restriction or deferment effective. (3) The doing of an act by which a floating charge becomes fixed is not enforcement of a security. (4) Regulations may provide that subsection (1) is not to apply to agreements described by the regulations. S88. Contents and effect of default notice. (1) The default notice must be in the prescribed form and specify (a) the nature of the alleged breach; (b) if the breach is capable of remedy, what action is required to remedy it and the date before which that action is to be taken; © if the breach is not capable of remedy, the sum (if any) required to be paid as compensation for the breach, and the date before which it is to be paid. (2) A date specified under subsection (1) must not be less than 14 days after the date of service of the default notice, and the creditor or owner shall not take action such as is mentioned in section 87(1) before the date so specified or (if no requirement is made under subsection (1)) before those 14 days have elapsed. (3) The default notice must not treat as a breach failure to comply with a provision of the agreement which becomes operative only on breach of some other provision, but if the breach of that other provision is not duly remedied or compensation demanded under subsection (1) is not duly paid, or (where no requirement is made under subsection (1)) if the 14]days mentioned in subsection (2) have elapsed, the creditor or owner may treat the failure as a breach and section 87(1) shall not apply to it. (4) The default notice must contain information in the prescribed terms about the consequences of failure to comply with it and any other prescribed matters relating to the agreement]. (5) A default notice making a requirement under subsection (1) may include a provision for the taking of action such as is mentioned in section 87(1) at any time after the restriction imposed by subsection (2) will cease, together with a statement that the provision will be ineffective if the breach is duly remedied or the compensation duly paid. 15. In the case of Woodchester v Swayne & Co [1998] EWCA Civ 1209 in conclusion it states “In my judgment, Mr Hodgkinson is right for the reasons which he has given. This statute was plainly enacted to protect consumers, most of whom are likely to be individuals. When contracting with a large financial organisation they are at a disadvantage. The contract is likely to be in standard form and relatively complex with a number of detailed provisions. If the hirer is said to have broken its terms, the hirer needs to know precisely what he or she is said to have done wrong and what he or she needs to do to put matters right. The lender has the ability and the resources to give that information with precision. If he does not do so accurately then he cannot take what Mr Gruffyd conveniently referred to as "the next step". 16. 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 17. I continued making regular reduced monthly payments to a MBNA Europe Bank Limited as previously agreed. I received a letter from the Claimants legal representatives, Restons Solicitors. This letter stated that Restons were instructed to review the amount that I had been paying, and included another Income and Expenditure form with a request for me to complete and return it. This I did and is refered to by Claimants as MBNA 7 in their disclosure 18. In the income and expenditure I wrote that I was paying MBNA on account number (which is different and altered by MBNA see MBNA3 ) £12 per month. MBNA has somehow completely changed my account number yet the agreed £12 is still being applied to the original account number which is the default notice dated 18th June 2008 is based on. It shows the remedy of £1601.39 as 1st July 2008. 19. On 29th October 2008 I received a further Default Notice with the original account number on, dated 27th October 2008 Referred to as (NRF2 and a copy is attached) 20. The agreement having already been terminated, MBNA cannot then issue a further DN threatening termination for a second time because there is nothing to terminate. 21. If there is any doubt that the account was terminated after the first Default Notice is that the amount to remedy is the same in both documents. The 2nd Default Notice should have had a different amount to remedy as the arrears in that time would increase. 22. I could not identify the Default Notice as I was paying under the ‘new’ account number and this still had the original account number on. 23. This document is not a true and accurate copy of the first 24. The amount to remedy is the same as the first default notice £1601.39. 25. The date of remedy was now 13th November 2008. 26. There have been payments to this account and therefore should have reduced. The credit card statements that Restons rely on referred to as MBNA 3 supports this. 27. The balance has been removed from the default notice dated 27th October 2008 (NRF2) 28. It is also signed by a Jennifer Mathews, Head of Risk and Recovery. 29. Restons now refer to Clause 8 in the Default notice dated 27th October 2008 (NRF2) whereas it was Clause 3 on the original Default notice from 18th June 2008(NRF1). This is both misleading and shows that they are using different terms and conditions. 30. This shows that this document has been altered from the original Default Notice (NRF1) 31. There can only be one set of terms and conditions that I agreed to. 32. Restons have provided 2 separate Terms and Conditions which vary greatly. 33. However, the Claimant failed to set out the Default Notice dated 27th October 2008 in accordance with the Consumer Credit (Enforcement, Default and Termination Notices) Regulations 1983 (SI 1983/1561), which consequently failed to comply with the requirements because of at least three deficiencies. Specifically, it failed to be accurate due to; 34. It failed to contain information for me to readily identify it. i.e. it showed a different account number. 35. It failed to have the name of the creditor 36. It failed to have the postal address of the creditor 37. Restons at this time make no mention of the Default notice dated 18th June 2008 (NRF1) 38. Without any prior warning, on 27th November 2008 the Claimant, via its legal representatives Restons Solicitors, issued a County Court claim against me. This was despite the facts that I had not missed any of the agreed monthly payments, and that the account had been unlawfully terminated due to the Default Notice issued on 18th June 2008 (NRF1) and also by the Default Notice issued on 27th October 2008 not complying with the Consumer Credit (Enforcement, Default and Termination Notices) Regulations 1983 (SI 1983/1561) as stated above. 39. Furthermore, as no Letter Before Action was served or received, the Claimant acted in contravention of the Civil Procedure Rules, Part 1 the Overriding Objective, and Practice Direction the Pre Action Protocols paragraph 4.3 40. I tried to obtain legal advice on how I should proceed with my response to the Claimants claim, but as I had no available funds to pay for a solicitor, the only other option of which I was aware was the Citizens Advice Bureau. However due to my local Citizens Advice Bureau being under great pressure at the time due to the number of people they are trying to help, and the fact that appointments are only available on two days each week, I could not get an early appointment. 41. I acknowledged the Claim online via the MCOL website before the 14 day deadline and stated that I wished to defend the claim. I was then in a quandary as to how to defend the claim. 42. At the point where my defence was required I was not in possession of documents from the Claimant, which 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. 43. Because the Claimants Particulars of Claim were vague and insufficiently particularised and therefore did not provide me with the information which I needed to prepare a fully particularised defence, I was only able to enter a very vague defence, but stating that I had requested documents from the Claimant, and reserving the right amend my defence at a later date if the Claimant produced the aforementioned documents. 44. Also 27th November 2008 I sent to the Claimant by Royal Mail Recorded Delivery, a formal request under section 78 of the Consumer Credit Act 1974 for a copy of the alleged agreement, together with a cheque for £1.00 which is the amount required to cover the statutory fee. This is my legal right under s78 of the Consumer Credit Act 1974, and the creditor is legally obliged to provide this upon request and payment of the £1.00 fee. (Referred to as NRF3 and copy attached) 45. On 1st December 2008 I also sent to the Claimant by Royal Mail Recorded Delivery a formal request under the Civil Procedure Rules for further information and copies of documents which they intended to rely on in Court. (Referred to as NRF4 and copy attached) 46. The Consumer Credit Act 1974 s78(1) and its associated Regulations state that, inter alia; 78 Duty to give information to debtor under running-account credit agreement (1) The creditor under a regulated agreement for running-account credit, within the prescribed period after receiving a request in writing to that effect from the debtor and payment of a fee of £1, shall give the debtor a copy of the executed agreement (if any) and of any other document referred to in it, together with a statement signed by or on behalf of the creditor showing, according to the information to which it is practicable for him to refer,— 47. The Consumer Credit Act 1974 s78(6) then specifies that the consequences of failure to comply with such a request are that the creditor is not entitled to; 78 (6) If the creditor under an agreement fails to comply with subsection (1)— (a) he is not entitled, while the default continues, to enforce the agreement; and (b) if the default continues for one month he commits an offence. 48. On 3rd December 2008 I received a letter from Mr N Coe, Managing Director of Restons thanking me for my letter dated 27th November 2008 and returning my £1 with the following quote “Section 78 states “the creditor under a regulated agreement… Restons is not the creditor but in any account your account has been terminated as you have failed to comply with default notice and therefore our understanding is that Section 78 has no application in this matter” (Referred to as NRF5 and copy is attached) 49. On 4th December 2008 I sent a Subject Access Request under the Data Protection Act 1998 to MBNA Europe Bank Limited (Exhibit NRF6 and copy is attached) 50. On 5th January 2009 I received letter from MBNA in relation to the subject access request. (Exhibit NRF7 and copy is attached) 51. MBNA provided a statement of account under Section 7 of DPA 1998 52. This is not was asked for and is incomplete 53. MBNA have failed to respond to my statutory right 54. MBNA returned my £10 fee. 55. I am still awaiting the correct information from Restons 56. On 10th February 2009 I received a letter from Restons Solicitors which was accompanied by certain copy documents. These copy documents consisted of some of the items which I had requested in my request for further information under the Civil Procedure Rules, but by no means fulfilled my request. 57. However Restons Solicitors stated in their covering letter that the enclosed documents were those upon which they intended to rely in court, so I will therefore object if any other documents are produced which they have not already disclosed to me, and which they attempt to rely on in court. Referred to as (NRF8 and copy is attached) 58. The copy documents enclosed with the letter mentioned in Paragraph 56 above consisted of; 58.1. A document referred to by Restons Solicitors as “Credit Agreement dated 30th November 2005” 58.2. A document referred to as “Default notice dated 27th October 2008”” 58.3. Statements of account, not complete 58.4. Terms and conditions. These terms are not the ones originally sent to me as, as APR is different ,clauses are different, no identifying marks to say that these terms are for my account, late fees are different now £12 as opposed to £25 (MBNA2 and MBNA3) 58.5. Restons on behalf of the Claimant also asked in the letter if I would withdraw my defence !! 59. In February 2009 I received from the Court the Allocation Questionnaire which had to be completed and returned to the Court by 9th March 2009. 60. On 5th March 2009 I still had not received any of the requested documentation from either the Claimant or Restons Solicitors, so I completed my Allocation Questionnaire to the best of my ability and delivered it by recorded delivery to the Court office. 61. The Default Notice that the claimant relies on and has submitted to the court is NOT a copy of the original and is an attempt to mislead and confuse both myself and/or the court 62. The Default Notice that the claimant relies on had the date changed to the one dated 27th October 2008 with remedy by 13th November 2008 so as to make the court believe it was compliant. 63. The Default Notice that the claimant relies on refers to Clause 8 this is not the Clause 3 referred to in the true Default Notice (NRF1) and therefore I am unable to identify what I have supposedly breached 64. The Default Notice which the claimant relies on (Dated 27th October 2008) is not in the prescribed form as; 65. It does not contain information so that I could identify it. It had a different account number. 66. It does not contain the name of the Creditor 67. It does not contain the postal address of the Creditor 68. On 12th March 2009 a General Form of Order was issued to the Claimant via Liverpool County Court requesting that they deliver to me not later by 4pm on 14th April 2009 a verified true copy of 69. The executed consumer credit agreement between MBNA and myself under the original reference number ending in 0454 together with terms and conditions. 70. The default notice with proof of service 71. A full and complete statement of account including all payments made and all charges applied covering the period beginning with the day of making the agreement and ending on the date of commencement of this case 72. The claimant failed to adhere to this order as no documentation was ever received. 73. I contacted the Court and a further ‘Unless’ order was made by District Judge xxxx dated 22nd April 2009 to the effect that the claimant serve on me by 4pm on 30th April 2009 the documents listed above in para 68 69 and 70. 74. At 3pm on 30th April 2009 an email was sent to my home email address from Restons Solicitors, at this time I was in work and unable to access my account. 75. Upon trying to access the email it was in a format that my security settings would not allow me to download. After many phonecalls to my Internet service provider I managed to have access. 76. This email contained a statement from Dianne Powell from MBNA. 77. It is dated by her in her hand as 30th April 2009 78. However her exhibits and typed part of the coverpiece of statement is dated 29th April 2009. 79. Dianne Powell refers to DP1 stating that this is the copy credit agreement. It is headed with a different number ending in 9210 than the one ordered to by District Judge xxxx so therefore it cannot be the original 80. The creditor has not complied with that part of the order 81. Dianne Powell refers to DP2 as the terms and conditions which sent to the defendant and are applied to this credit card facility. 82. These are illegible and are obviously a generic set of terms and conditions. 83. I have not received these terms and conditions where in her statement she states they were sent. She does not mention when they where sent so I would want strict proof. 84. There is a statement in the case bundle in the application for summary judgement from Jeremy Bouchier (solicitor for claimant) in paragraph 5 of his statement he refers to JSB1 which is a copy of internal case management system and states that terms and conditions were sent on 9th January 2008. There is no reference to terms and conditions on the entry for that date. 85. However in line 5 of this copy it states it is page 15. 86. He does not disclose what is on pages 1 to 14 and from page 16 onwards. This I believe demonstrates that MBNA are withholding facts from both myself and the Court that would assist me. Such as conversations about agreements to pay. 87. I have previously requested all of this information under Subject Access Request and they have failed to furnish the information. 88. They have not provided the correct legible terms and conditions and therefore not complied with that part of the order. 89. DP3 refers to the Default Notice and that it is a copy. 90. As requested in the Judges order they also have to provide proof of service. 91. They have not complied with this part of the order. 92. DP4 confirms that the original default notice dated 18th June 2008 was sent by them however they are not relying on that. 93. It is my argument that the agreement terminated after 1st July 2008 as per para 11 above 94. As this was ‘served’ electronically the below applies 95. Para 4 of Practice Direction A to CPR Part 6 Service by fax or other electronic means 4.1 Subject to the provisions of rule 6.23(5) and (6), where a document is to be served by fax or other electronic means – (1) the party who is to be served or the solicitor acting for that party must previously have indicated in writing to the party serving – (a) that the party to be served or the solicitor is willing to accept service by fax or other electronic means; and (b) the fax number, e-mail address or other electronic identification to which it must be sent; and (2) the following are to be taken as sufficient written indications for the purposes of paragraph 4.1(1) – (a) a fax number set out on the writing paper of the solicitor acting for the party to be served; (b) an e-mail address set out on the writing paper of the solicitor acting for the party to be served but only where it is stated that the e-mail address may be used for service; or © a fax number, e-mail address or electronic identification set out on a statement of case or a response to a claim filed with the court. 4.2 Where a party intends to serve a document by electronic means (other than by fax) that party must first ask the party who is to be served whether there are any limitations to the recipient's agreement to accept service by such means (for example, the format in which documents are to be sent and the maximum size of attachments that may be received). 4.3 Where a document is served by electronic means, the party serving the document need not in addition send or deliver a hard copy 96. At no time have I agreed that I could be served documents by email for the reasons in para 74, 75 and 95 97. In the email it states “Further correspondence will be sent under separate cover” This would obviously be after any deadline. 98. The order has not been properly complied with as the documentation is not complete or correct. 99. The documentation as was served was not served in accordance of the requirements of the practice direction 100. It was ‘served’ at the last possible moment prejudicing me responding to the submission of my statement at 4pm on 5th May 2009 101. There is reference to further correspondence which again I do not know what they are with holding prejudicing me further. 102. I wish that this claim be struck out without further order 103. Statement of Truth:

Hope so, spoke to the court and they were very helpful, I emailed my statement and restons PDF to them so she is taking it to judge for decision as to whether restons complied with the order. Made big play on serving docs electronically and also ripped powells evidence to bits saying she has failed to comply with the order on each point. So hopefully judge will see reason. Its a weight of my mind that it is done and submitted on time. Fingers crossed Heres the last bit of my statement, the numberings out in paragraphs cos i it must recognize bullet points. anyway there are another 61 paragraphs before this 1. On 12th March 2009 a General Form of Order was issued to the Claimant via xxxxx County Court requesting that they deliver to me not later by 4pm on 14th April 2009 a verified true copy of 2. The executed consumer credit agreement between MBNA and myself under the original reference number ending in 0454 together with terms and conditions. 3. The default notice with proof of service 4. A full and complete statement of account including all payments made and all charges applied covering the period beginning with the day of making the agreement and ending on the date of commencement of this case 5. The claimant failed to adhere to this order as no documentation was ever received. 6. I contacted the Court and a further ‘Unless’ order was made by District Judge xxxx dated 22nd April 2009 to the effect that the claimant serve on me by 4pm on 30th April 2009 the documents listed above in para 68 69 and 70. 7. At 3pm on 30th April 2009 an email was sent to my home email address from Restons Solicitors, at this time I was in work and unable to access my account. 8. Upon trying to access the email it was in a format that my security settings would not allow me to download. After many phonecalls to my Internet service provider I managed to have access. 9. This email contained a statement from Dianne Powell from MBNA. 10. It is dated by her in her hand as 30th April 2009 11. However her exhibits and typed part of the coverpiece of statement is dated 29th April 2009. 12. Dianne Powell refers to DP1 stating that this is the copy credit agreement. It is headed with a different number ending in 9210 than the one ordered to by District Judge xxxxx so therefore it cannot be the original 13. The creditor has not complied with that part of the order 14. Dianne refers to DP2 as the terms and conditions which sent to the defendant and are applied to this credit card facility. 15. These are illegible and are obviously a generic set of terms and conditions. 16. I have not received these terms and conditions where in her statement she states they were sent. She does not mention when they where sent so I would want strict proof. 17. There is a statement in the case bundle in the application for summary judgement from Jeremy Bouchier (solicitor for claimant) in paragraph 5 of his statement he refers to JSB1 which is a copy of internal case management system and states that terms and conditions were sent on 9th January 2008. There is no reference to terms and conditions on the entry for that date. 18. However in line 5 of this copy it states it is page 15. 19. He does not disclose what is on pages 1 to 14 and from page 16 onwards. This I believe demonstrates that MBNA are withholding facts from both myself and the Court that would assist me. Such as conversations about agreements to pay. 20. I have previously requested all of this information under Subject Access Request and they have failed to furnish the information. 21. They have not provided the correct legible terms and conditions and therefore not complied with that part of the order. 22. DP3 refers to the Default Notice and that it is a copy. 23. As requested in the Judges order they also have to provide proof of service. 24. They have not complied with this part of the order. 25. DP4 confirms that the original default notice dated 18th June 2008 was sent by them however they are not relying on that. 26. It is my argument that the agreement terminated after 1st July 2008 as per para 11 above 27. As this was ‘served’ electronically the below applies 28. Para 4 of Practice Direction A to CPR Part 6 Service by fax or other electronic means 4.1 Subject to the provisions of rule 6.23(5) and (6), where a document is to be served by fax or other electronic means – (1) the party who is to be served or the solicitor acting for that party must previously have indicated in writing to the party serving – (a) that the party to be served or the solicitor is willing to accept service by fax or other electronic means; and (b) the fax number, e-mail address or other electronic identification to which it must be sent; and (2) the following are to be taken as sufficient written indications for the purposes of paragraph 4.1(1) – (a) a fax number set out on the writing paper of the solicitor acting for the party to be served; (b) an e-mail address set out on the writing paper of the solicitor acting for the party to be served but only where it is stated that the e-mail address may be used for service; or © a fax number, e-mail address or electronic identification set out on a statement of case or a response to a claim filed with the court. 4.2 Where a party intends to serve a document by electronic means (other than by fax) that party must first ask the party who is to be served whether there are any limitations to the recipient's agreement to accept service by such means (for example, the format in which documents are to be sent and the maximum size of attachments that may be received). 4.3 Where a document is served by electronic means, the party serving the document need not in addition send or deliver a hard copy 29. At no time have I agreed that I could be served documents by email for the reasons in para 74, 75 and 95 30. In the email it states “Further correspondence will be sent under separate cover” This would obviously be after any deadline. 31. The order has not been properly complied with as the documentation is not complete or correct. 32. The documentation as was served was not served in accordance of the requirements of the practice direction 33. It was ‘served’ at the last possible moment prejudicing me responding to the submission of my statement at 4pm on 5th May 2009 34. There is reference to further correspondence which again I do not know what they are with holding prejudicing me further. 35. I wish that this claim be struck out without further order 36. Statement of Truth:

Good point. Thats going in !!!!

Doing my statement at the moment as it has to be in sharpish Can someone point me in the direction of information that needs to be on a default notice that i can quote. esp. the bit about name and address of creditor 'cos the one they rely on in court is does not contain this info. can someone from site team help?

What a divvie. BOTH DN's are defective. There is no name and address of creditor on 2nd DN, that is the one that they want to rely on so hopefully they are stuffed !!!! Their last paragraph is a bueaty in the 2nd DN. "This notice should contain copy of OFT information on default. It contains important information about your rights. Contact us if its not included. HOW? and i couldnt identify it cos its a completley different account number from the 1st DN.

In the post. Reston confirmed its terminated

Thats in the post tomorrow.

Yep first one with MBNA address on both top and bottom, second one is blank !!!!! Also there a phone number in last paragraph of first DN to resolve. The second one it has disappeared so how can we get in touch with them to pay? Good spot. More ammo

Cheers VS. It just amazes me that they had the date to submit the docs by 14/4/09 then i asked for strike out and they get anotherr chance and then they 'serve' and having read what you pointed out to me i use that term loosley so late. They are just pushing to see if i crack !!! I wont!!!!

Same here !! This is the first and this is the second

Thanks VS. I did not agree to this and they certainly did not ask. So what shall I do? 1) Prepare Statement and get it to court by the 5/5/09 2) speak to court and point out they have not complied and get struck out without further order. 3) Get diane powell to court and ask where pages 1 to 14 (in line 5 you can see page number 15 but they failed to send me the full document) are as refered to in Bouchiers statement for summary judgement as this may be helpful for my defence. in post 302 http://www.consumeractiongroup.co.uk/forum/legal-issues/170484-fairbyblue-mbna-restons-court-16.html also ask what day did she do witness statement 4) Pray ? 5) any other bright ideas? Good point is that order says Executed CCA together with any terms and cons applied to it. but in para 3 of powell statemnt just says copy of latest applied to it and sent to defendent. Prove it !!!!

Post 103 http://www.consumeractiongroup.co.uk/forum/legal-issues/170484-fairbyblue-mbna-restons-court-6.html They sent that and also the illegible one The first DN refers to breaching clause 3 and the second one refers to clasue 8.