Thanks Postggj The court order following dismissal of the summary judgement gave a 28 day deadline to get in any docs that we would rely on in court - i got mine in on time but Restons didnt. The order gave a further 14 days to give any witness statements which they did get in on time but i must admit i have been wondering if the docs attached to the witness statement were allowable or not. The judge also ordered that any originals would have to be produced in court - i cant see Restons /MBNA being able to do that (in fact this whole reconstituted agreement nonsense further implies that they dont have one). If they dont follow the court order is that enough for them to lose on the day? I am working away from home this week so cant add any scanned docs unforunately

Hi All I am in court early next week and am desperately trying to structure a skeleton argument. The background to this is that Restons on behalf of MBNA Are taking me to court regarding a credit card balance - they issued proceedings whilst being in breach of a section 78 request. They then applied for a summary judgement against me. Fortunately the Court dismissed their application on the grounds that their response to the s78 was illegible. (And thanks to some fantastic advice from this forum ) To be honest at that point I pretty much heaved a sigh of relief and hoped they would discontinue - now the final hearing date is less than a week away and im starting to panic After much reading of this forum (again) it seems that an invalid DN can be a killer argument in court. Hence my needing some case law to point to the fact that issuing a DN whilst in breach of a section 78 request renders it invalid. Also the default sum includes interest and charges added whilst the s78 breach was happening - is this enough to invalidate the DN. I keep reading the CCA but the wording is tricky i.e. "the lender is not entitled to enforce the agrreement" - but i seem to recall reading a while ago that adding interest and issuing DN's does not constitute enforcement Also MBNA have now issued me (& the court) a witness statement from a Dianne Powell along with documents provided by MBNA's "reconstruction experts" that she says are identical to the agreement I would have signed! (is this even relevant at this stage? - should I call her as a hostile witness? - if so how do i go about doing this? My guess is that they are going to use the argument that a reconstituted agreement is valid from the Manchester/Carey case - but seeing as they have only come up with a ledgible (unsigned copy) a week before court will this even count? Apologies for a long and rambling post but obviously after over a year of this MBNA nightmare i am very keen to avoid snatching defeat from the jaws of victory. Any advice or pointers gratefully received - thanks all

Thanks for your help GhostDebt & VJohn Much appreciated - Witness statment now prepared and in the post.

Hi all I have a hearing for a summary judgement on the 4th February. (Claimant is MBNA/Restons re: credit card debt) I know I have to prepare a witness statement refuting each of the claimants claims in their application and am working on this. My query is, I believe my witness statement has to be filed at least seven days before the date of the hearing but is this normal days (i.e. including weekends) or just working days? Also do I send my witness statement to both the court & the claimants solicitors? Many thanks for any help with this. Cheers Zak.

Cheers Supasnooper Fresh SAR request will be posted tomorrow (monday)

Hi Supasnooper I did send SAR request around the time I CCA'd MBNA. (Should have mentioned in my opening post). There is a comms log included in the response (along with transaction details and the same illegible application/agreement I got for my CCA request). Comms log only goes upto Feb 09 - what information should I be looking for in it? or do I need to SAR them again to get comms log to date? To be honest I had forgotten about getting this information as I couldnt understand most of it If you or someone else could explain what i need from it I would be very grateful. Cheers Zak464

Thankyou Mydogsawestie those are very kind words and much appreciated. I was very lucky to have found this forum before I got into trouble with the credit sharks and so had some idea what to expect when I went down the CCA route. Similarly I took Lloyds to court several years ago to get back bank charges they had applied to my girlfriends account (we won too ) so the threats of court action etc have not been quite as frightening as they would have hoped! All that said, it is a huge relief to have other CAGers looking at my claim and giving me feedback so thanks once again (I will check out your thread with interest and wish you the best of luck too:-)) Thanks too Supasnooper - great ammo for my defence cheers!

Hi Supasnooper The date on the DN is 28th July & the date remedy is 14th August. Didnt keep the envelope it came in sadly. Am i correct in thinking that if they sent it second class it is invalid but ok if it was sent 1st class? Should I base my defence around the fact that the agreement is unreadable Thanks Zak.

Hello all I’ve been lurking around this forum for a long time trying to sort out various problems with several credit card companies. Mostly brought on by my business taking a nose dive during the credit crunch and MBNA raising my interest rate to 34.9% !!!!! MBNA have decided to take me to court and I would appreciate any advice or pointers as to what my next steps should be. Please forgive this very long first post but hopefully by giving all the background will help the CAG collective better provide ideas for what action I should take next. I requested my CCA from MBNA back in Feb 09 (Application is from Jan 2004) – MBNA missed the deadline and I stopped making payments as the account was placed in dispute. After a reminder letter (from Me) I eventually received an illegible copy of an application form with my signature on it and some further illegible terms and conditions on the back of it. PDF ATTACHED – not much to link these documents together as far as I can tell – the ref numbers on the bottom of each appear to be different although it is difficult to be sure as most of the small print/terms on the document is very difficult to read (even with a magnifying glass – I did try!!) I wrote back to MBNA saying that this was insufficient to satisfy my CCA request as the document provided was illegible. I was then hounded by MBNA and their lackeys for about 6 months or so (most of which I ignored as I was/am confident that the account is legally in dispute). In July I received a Default Notice from MBNA (PDF ATTACHED) – as far as I can tell this appears to be technically valid (I would appreciate someone confirming this if possible?) although is it true that the account being in dispute would invalidate the Default notice anyway? (I do not have the envelope the DN came in unfortunately). In August 09 I received an LBA from Restons solicitors (PDF ATTACHED). And then in September 09 I received an N1 claim form from Northampton CC Bulk processing centre (PDF Attached). I acknowledged service online contesting the claim in full. I then wrote to Restons with a CPR31.14 request for a copy of a Legible credit agreement (knicked the letter from surface agents brilliant thread – getting them to reveal their particulars – thank you). I waited for a couple of weeks to see if Restons would respond and then sent off a form N244 asking for an order from the court to extend time for me to prepare a defence and ordering Reston /MBNA to comply with my CPR31.14 Request and asking that if they didn’t the claim should be struck out. Restons did respond (Day after I sent the N244 from by SD) – Doh! But they have provided an identical application/agreement form which is still mainly illegible. Thanks to anyone who has stuck with this post so far it is much appreciated! I am slightly at a loss for what to do next and any pointers/advice would be very gratefully received. Do I still need to file a defence (embarrassed defence?) given I have posted the N244 form? – if so the 28days expires on the 23rd Oct so I do need to get cracking on this if I do need to do it. Is Restons sending the same (illegible) document enough to satisfy my CPR31.14 request? Is there anything else I should be doing or working on at this stage? I am perfectly willing to go to court to defend myself (very nervous about doing it obviously) but I refuse to be bullied into submission by MBNA who frankly (from my experience and reading the experiences of others) seem to have no regard for the law and are nothing more than legitimised loan sharks! I would be extremely grateful for any comments or advice from other CAG members Thanks Zak464. MBNA CCA.pdf MBNA Default Notice.pdf Reston LBA.pdf N1 Form & POC.pdf