FG, thanks so much for dropping by - your help is much appreciated. The CPR 31.15 went off to Optima yesterday with a cc to the court. Thanks for confirming that I'll need to file an N244 if they don't respond. Thanks also for clarifying the Default and the DN confusion! I don't really understand all the recission part or whether it applies to me- the DN is defective as it didn't allow sufficient time to remedy but the DN did not demand the full balance.

Quick questions please folks - I got my credit record printed off last week and noted that on my credit file, the MBNA accounts had defaulted on 31 March 2010. My DN was dated 9 April. I am concerned that I am confusing default on the credit file with a default notice, but when I checked what "8" meant on the credit file it stated that you haven't done enough to sort your arrears and the agreement has ended. Can anyone confirm the correct understanding please? Also hoping someone might be able to advise whether unlawful recission applies in my case from the docs I have uploaded? Thanks all!

Excellent!! Letters winging their way by recorded mail as we speak! Thanks again everyone for your help.

Hi emandcole, responses in red below:

bumped!

Made an edit to Optima letter earlier - hope it's ok?!

Hi Dizzie, just had a good read of your docs from Restons - I know that I'll be receiving something similar in the near future so good to know what to expect. They are tryers aren't they? All the best, CM

Covering letter to Court enclosing the above letter to Optima: Dear Sirs Re: MBNA Europe Bank Limited v Chipmeister Case Number: Dear Sir or Madam Please find enclosed a copy of a letter I have received from the solicitors acting for the above claimant, along with a copy of my response. Having sent requests for information not included with, but mentioned on the Claimants’ claim form, I have been advised by the acting solicitors that they are not obliged to send me this information until disclosure rules apply and that my requests are inappropriate at this time. It is my belief that the Claimants’ solicitors are not only attempting to frustrate my ability to submit a fully particularised defence, but are misleading me. It is my understanding that CPR requests are in place to enable the overriding principles to be observed. Yours faithfully, Chipmeister Is there anything else I need to do at this stage please?

Evening all, I have tweaked my response to Optima. Any comments welcome before it heads off by good old recorded mail tomorrow! CPR 31.15 Request I refer to my CPR 31.14 and CPR 18 requests sent to you on 8 July 2010 and your response dated 9 July 2010 which was received on 13 July 2010. These requests do not come later under disclosure, as stated in your letter. They are requests for information which may be made after proceedings have started, and can continue up until any court hearing. Therefore, as your client has issued legal proceedings against me I have every right to make these requests to allow me to prepare a proper defence. In addition, the documents requested in my CPR 31.14 have already been disclosed by yourselves by virtue of your mentioning them in your Particulars of Claim. I am not asking for disclosure, I am requesting copies of documents that you have already disclosed and should therefore have to hand. I understand that the limitations of issuing a claim out of the Bulk Processing Centre means that any substantiating documentation does not have to be served with the claim form, but as you sent your Particulars of Claim separately without copies of the documents asked for in my CPR 31.14 request you are in breach of Part 16, Statements of Case, Rule 16.4. I would also refer you to the Practice Direction relating to Pre-Action Conduct, from which it would appear that I did not receive a proper letter before action from yourselves prior to legal action being commenced against me. You advise in your letter that my request for documentation under s 77-79 is being dealt with. May I remind you that you are in default of my original request dated 15 June 2010, having not provided the information requested within the recognised time limit of 12 + 2 days, and that, in my letter of 30 June 2010, I had to refer you to your obligations under S175 of the Consumer Credit Act 1974. Only then did you advise that you had notified your client of my request. Had my request been acted upon within the time limit, I would have had a basis to begin a proper defence, and yet, having already defaulted on the 12 + 2 days, you advised me that you would require a further 21 days to comply with my request, thus frustrating me further. Despite my request under CPR 31.14, you have failed to supply the necessary documents within the required timescale because, quoting from your letter of 9 July 2010, “the requests are inappropriate at this time.” It is therefore my right, under CPR 31.15, to advise you that I require sight of the original executed agreement. You will note that under this rule, as the party who disclosed the document you must permit inspection not more than 7 days after the date on which you received this notice. If you do not comply with my reasonable request before this date I will inform the court of your actions and make an application for the claim to be struck out. Yours faithfully Chipmeister Cc Northampton County Court Manager

Hi CB, Thanks for your covering letter to the Court.

Please see responses in red below! Maybe the 31.15 is indeed the way to go, I will put it in with my letter and send the whole jolly lot to Optima, with a cc to the court. Is this draft 31.15 request ok please: Dear Sir, Rexxxxxxxxxxxxxx v xxxxxxxxxxxxxx Case No: xxxxxxxxxxxxxxx CPR 31.15 Request Further to the above case number, I have sought a copy of the original agreement that you mention in your POC . Despite my request under CPR 31.14, you have failed to supply this document, stating that it is not appropriate at this time. In an attempt to resolve this issue, I now require sight of the original executed agreement, as I am allowed to do under CPR 31.15. You will note that under this rule, you must allow me inspection or the original document within 7 days of the date of this letter. I look forward to your urgent response. Yours faithfully c.c. Northampton county court Manager. Obviously I will need to amend my covering letter to Optima, I will do this and post up for review a little later.

Hi Angel, Hope the thread is of help to you, and thanks for the good wishes and vibes! All the best, CM

One more quick question please - when cc'ing the court on my letter to Optima, should I enclose copies of all correspondence relating to my s77-79, CPR 31.14 and 18 requests, or simply a copy of the letter from Optima to which I am responding?

Thanks CB! I'm sure that Optima will be delighted to see that I am also wasting the court's time with unnecessary documentation! Letters will go out to Optima and Court today.

Thanks CB, will amend to "letter before action". After these amendments, do you think the letter is ok to be sent please?

Morning Wycombe! Thanks for the corrections - my head was spinning a bit by the time I'd finished putting all that together! I wanted to put all my points across to Optima validly without coming across as stroppy or unreasonable. If I have acheived this (as well as quoting correct rules!) I will be happy. I'm still not certain whether to proceed with the 31.15 though, as Optima have not technically refused to honour my requests, merely advised that they are inappropriate. Glad you agree that I should copy the court in on the letter.

bumped please

Hi there, thanks for coming to visit my thread! I certainly have found your thread useful, and hope I can be as brave as you when the time comes! I have learnt so much over the last few weeks, people here are friendly and kind and so helpful! All the best, CM

Hi emandcole, thanks for your input. A copy of my drafted response to Optima is attached. I think my points and back up are ok but I can't afford to make a silly slip up at this stage so would be grateful if CAGers could review and comment before I send it, many thanks. Thanks again for all help and advice Here is the letter - originally I posted a password protected Word document which wouldn't have helped any of us! Re: MBNA Europe Bank Limited v Chipmeister Case Number: CPR 31.14 & CPR 18 Requests I refer to my CPR 31.14 and CPR 18 requests sent to you on 8 July 2010 and your response dated 9 July 2010 which states that both my CPR 31.14 and CPR 18 requests “are inappropriate at this time”. These requests do not come later under disclosure, as stated in your letter. They are requests for information which may be made after proceedings have started, and can continue up until any court hearing. Therefore, as your client has issued legal proceedings against me I have every right to make these requests – indeed, should I so wish, I would be perfectly entitled to ask for physical inspection of the documents with 7 days, as I am sure you are aware. I am not, at this time, making this request. In addition, the documents requested in my CPR 31.14 have already been disclosed by yourselves by virtue of your mentioning them in your Particulars of Claim. I am not asking for disclosure, I am requesting copies of documents that you have already disclosed and should therefore have to hand. I understand that the limitations of issuing a claim out of the Bulk Processing Centre means that any substantiating documentation does not have to be served with the claim form, but as you sent your Particulars of Claim separately without copies of the documents requested in my CPR 31.14 request you are in breach of Part 16, Statements of Case, Rule 16.4. I would also refer you to the Practice Direction relating to Pre-Action Conduct, from which it would appear that I did not receive a proper letter of claim from yourselves before legal action was commenced against me. Finally, you advise in your letter that my request for documentation under s 77-79 is being dealt with. May I remind you that you are in default of my original request dated 15 June 2010, having not provided the information requested within the recognised time limit of 12 + 2 days, and that, in my letter of 30 June 2010, I had to refer you to your obligations under S175 of the Consumer Credit Act 1974. Only then did you advise that you had notified your client of my request, and told me that you would require a further 21 days in order to comply. I respectfully request that you respond to both my CPR 31.14 and CPR 18 requests within the next 10 days. After this time I will inform the court of your inactions and apply for the claim to be struck out. I hope that this will not be necessary and look forward to hearing from you. Yours faithfully Chipmeister Do I need to send a copy of this letter to the Court?

Hey Wycombe, how are you doing? Just been reading Fluffystuff's thread - there are many parallels as CB observed. Always great to hear a CAGer succeeding!! Having digested the various pieces of information I have been provided with, I am in the process of drafting a response to Optima - need to get a 31.15 out methinks. I have spent a lot of time following links and reading info, but already I am more clued up than I was an hour ago and understanding each step and the reason I am taking it will make the ultimate destination (ie the court) much easier to get to and defend! Draft letter will follow for advice and comments.

FS - well done, big congrats! I hope I can be as brave and quote as well as you have. You bring hope to all!

Hi folks, sorry for the delay in responding, work has been hell today. I will read, digest then comment further.

Bumpety-bump!

Could this be sticky-ed please?

Hi GH, a few questions in red below please: Thanks again for all the help provided so far - it really is appreciated.