Hi Mr Happy Pleased to hear you've been granted a bit more breathing space. I'm stillwaiting on my outcome from the DJ where I attended court fighting off Restons at a SJ hearing I had in July too. Heres a link to my day in court & stuff I fought back with in posting #223 Court papers help required pls If it provides any extra evidence for ammunition then I hope it helps. I also forgot to post regarding the DN on my day in court the copy DN I got served by Restons of the supposedly original, breached the Consumer Credit (Enforcement, Default and Termination Notices) Regulations 1983 (SI 1983/1561) as it failed to set out the name and a postal address of the creditor or owner as laid out in schedule 2 of the regulations, regulation 2(2) paragraph 2. My copy DN from Restons was missing the MBNA's bits on the top & registration no etc (like the original had) so this meant it had breached the companies act, as it did not bear the companies registered address and registration number on it so was not a representation then. The judge asked the solicitor what he had to say in response to this to which his reply was along the lines of he thought it did have the details on it. The judge then corrected him by telling him it didn't as he had a copy of there DN from me in front of him Good luck for your next appearance, I am still waiting on my order/date letter from the DJ which should be due anytime :idea:

I also stated below in my WS similar to yours..... 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 the court. This shows that this document has been altered from the original Default Notice. By the way, when I got served copies of my supposedly orig DN's I mentioned (which I forgot to post on my day in court come to think of it!!!) that if that was a true copy of the default notice (in my case incorrect acct no's on it) it breaches the Consumer Credit (Enforcement, Default and Termination Notices) Regulations 1983 (SI 1983/1561) as it failed to set out the name and a postal address of the creditor or owner as laid out in schedule 2 of the regulations, regulation 2(2) paragraph 2. My copy DN from Restons was missing the MBNA's bits on the top & reg no etc (like the original had) so this meant it had breached the companies act, as it did not bear the companies registered address and registration number on it so was not a representation then. The judge asked the solicitor what he had to say in response to this to which his reply was along the lines of he thought it did have the details on it. The judge then corrected him by telling him it didn't as he had a copy of there DN from me in front of him Hope this along with your dates & other misleading info you have been confused by may be something else to add to your defence for you to elaborate on at trial if your DN's are missing this information too. Good luck

I thought from reading around about DN that.........(copied from another thread) A DN once issued, and terminated, cannot be followed by a second DN, as the "agreement" has been terminated, so it follows you cannot default an account which does not exist! So the only DN that could be valid is the FIRST one By when proceedings have commenced the Claimant will have terminated the agreement. The language of a default notice is framed on the basis there is a current agreement. That language is prescribed. If the Claimant terminated the agreement, to deliver an effective default notice will involve the fiction the agreement is current and never terminated. It would also involve the Claimant reinstating unilaterally. The debtor would be unlikely to agree to reinstatement if to do so would cure the Claimant's difficulties. One good thing appears to be that they are admitting the 1st Default Notice is defective. It therefore follows that by starting Court Action, their client Terminated the Agreement unlawfully, because they had failed to secure a valid Default Notice before doing so. Thus, they are admitting they started Court/Terminated when they were in no position to do so lawfully, having lost all the benefits of s87. That is unlawful rescission of Contract/repudiatory breach of Contract...for which you can ask them for compensation. So basically...If terminated, by whatever method, the account can NEVER be DEFAULTED again, as it NO LONGER EXISTS!

Hi ekim777 this thread might help you that I came across http://www.consumeractiongroup.co.uk/forum/mbna/195498-mbna-restons.html #209 #210 postings etc ready for my round 2 (when I hear) it might have some useful advice to help you next week. Good luck and I will have my fingers & toes crossed for you.

When is your SJ hearing Sunflower99? Wish I was a fly on the wall when you ask the question as I did at my SJ hearing....." have you brought the original agreement to court as per CPR16.7.3?" 7.3 Where a claim is based upon a written agreement: (1) a copy of the contract or documents constituting the agreement should be attached to or served with the particulars of claim and the original(s) should be available at the hearing :lol::lol:

Here is a link to another useful thread on Charging orders I have kept to hand, maybe you may find this useful for info too. http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/160126-watch-out-charging-order.html

hi hopelesscase Sorry I have not responded earlier I have had a busy Aug & only been able to pop in on here now & then but back into the swing of things now. When I was in a position of raising a grievance I documented it as it had just then occurred with what had happened at those particular times & with whom so in answer to your question "with both barrels" at that immediate time! That then shows if it does go further you raised the issues as & when they arose & also gave them 28days to address/respond to them etc.

Hi sunflower99 just caught up with your postings... Surprise surprise Your SJ hearing application is along the same lines as mine "almost" word for word other than the paragraph which states above about it being an online application. Your more than welcome to my WS in response also IGNM was of great assistance in suggesting me doing an amended defence at the last minute too. Let me know if you need anything else....(still waiting on the District judge order who didnt give Restons what they came for when I attended court on the 13th July, no news is good news I guess for now (fingers crossed x) MDAW Witness Statement.doc

:lol::lol:

Update - having attended court on the 13th July I have not received my court order regarding the next stage from the DJudge yet. I have rang the court to check (incase something may have got lost in the post) as I was expecting something after 2 weeks of the hearing. They told me a judges 2 wks is different to our 2 wks and today I found out he is on holiday just now so the file is being reserved for him still. Guess no news is good news for the time being eh!!!

Hi homerj just back from a well deserved break away & was wondering how you got on??? hope to read your update soon.

Well make sure if you do that you collect all the evidence that you can lay your hands on that what they are doing is unreasonable and unfair - put your concerns in writing as a grievance, and if they dismiss, this then becomes the evidence against them. If the targets/workload is unachieveable then it will show how unfair a company they have been. Might be an idea to keep a diary of events and direct quotes too against them too (you never know!) If you are thinking eventually of a tribunal you need to have raised the grievance procedure to show a pattern of you having raised your concerns and trying to resolve things as amicably as possible beforehand. Fingers crossed though things do get better for you.... enjoy your weekend

Sorry to hear your news & after all the years you have worked for the company too its unbelievable how they are treating you. Did the other 2 colleagues end up the same as you too? Did all your evidence/ammunition/research/FACTS taken into the mtg with you in relation to todays climate in the financial sector fall on deaf ears then?

How did your meeting go (was it this week?) Hope it went ok for you

Hi JK36 your more than welcome to have a copy of mine I used and also here is another copy of Ekims that I had filed to hand. Extract as you see fit... MDAW Witness Statement.doc Ekim WStatement.doc

Any news pol76 just wondering where you were up to???

pippadeee gave you some great advice & glad you have now have some research to hand as it will be useful to use this as part of your amunition in your meeting. From that meeting and no doubt outcome letter after that they send to you (as with your notes taken too by your trusted colleague (or are you allowed a friend?) then this will determine if you then feel the need to raise your step 1 process of the grievance procedure. Attached a document I once had for a rainy day (tho never needed in the end as my grievance raised got resolved), you may find it useful to have a look at too (hopefully it wont get that far though fingers crossed). Claimants Companion.pdf

Hi homerj again as freemice has just mentioned above submitting an amended defence and a skeleton argument do feel free to pop back on my thread again. Having just gone through SJ successfully myself I've got no money IGNM gave me some excellent advice and information to use that you could adapt too. http://www.consumeractiongroup.co.uk/forum/legal-issues/185814-court-papers-help-required.html in regards to yours (page 10 this time) good luck.

Sorry to hear your news I have kept an eye on your thread too from my posting on here #20 being a little ahead of you and really gutted to read the latest on hear. Hope the next stage goes better. Love to your jack russell x

Sorry to hear of your worry and I am sure your not a hopelesscase (as per your CAG name chosen). The company I worked for brought in comparator rankings to mark you against your performance & they would nit pick at everything possible to try & downgrade you in order to cost save at every opportunity or wear you down so you would leave so I can really empathise with your situation. I also knew of other colleagues being micro managed and every measure possible in there actions were being scrutinised too it was awful. As you probably already know there are set procedures of verbal, written notices before dismissals can be achieved (not that I am fully knowledgeable in this area) The ACAS website might have information you can look at, or maybe seek legal advice if you have cover on a car insurance or home insurance policy which wont cost you either. However do take every amunition possible with you though to your meeting leaving no stones unturned (and a colleague who perhaps can take notes if you wish to too). I am sure along with other colleagues also in the same boat you can ride this wave and remain positive through it too. If you can remain positive with the sign of the times we are in that will remain in your favour too....Good luck.

posting #204 are those your personal details? You might like to edit that posting Sunflower99. Should you need anymore info from my postings on my thread feel free to ask for copies anytime, happy to assist.

40 days will be up next week from 18th June for my SAR (although my first letter requesting this was initially 6th June!) I did a Co-op card SAR 12June (had those docs this week) I wonder if MBNA will perform on time (me thinks not somehow!)

Hi Sunflower99 I only signed the last part of the AQ not the individual papers. I used the above courtesy of CCM and also added in some further details in particular to my case too. Feel free to use with pleasure but I did not sign these copies, just stapled it altogether. N150 Section H Other Info Draft for direction.doc

My understanding taken from other threads CPR in court they were referring to is : PART 6 - SERVICE OF DOCUMENTS - Ministry of Justice would not be applicable in any event, as it's to do with Service of Court related documents. That doesn't even mention 2nd Class, for example. Also may be wholly to do with Claim Forms and all the related correspondence that is sent in relation to a Claim. Note the first bit: Quote: I SCOPE OF THIS PART AND INTERPRETATION Part 6 rules about service apply generally 6.1 This Part applies to the service of documents, except where – (a) another Part, any other enactment or a practice direction makes different provision; or (b) the court orders otherwise. (Other Parts, for example, Part 54 (Judicial Review) and Part 55 (Possession Claims) contain specific provisions about service.) I take that to mean this area of CPR applies, unless something else already applies, such as The Interpretation Act 1978 and The Queens Bench Practice Direction 1985 that clarified the Interpretation Act 1978 to cover 1st Class (+2 Working Days) and 2nd Class Postage (+4 Working Days). The CPR is therefore not the correct reference, because applicable enactments and practice directions already apply when it comes to general documentation and notices that are not, in themselves, directly part of a Claim at the time they were sent?

Hi IGNM in my case a days pay is more than £9.25 an hour, trouble is work did not know I was in court that day, I mean who would want to advertise that amongst your colleagues! I therefore got docked a days pay for emergency time off for dependants (my son off school ill that day). Will put it down as an expense then when I do my figures once the order from the court arrives.