MBNA/Restons CCJ/ CO

[citizenB]

Phatram - this might give you some idea of what to do. post # 60 and 62 , the link should take you directly to post 60. HTH

 

http://www.consumeractiongroup.co.uk/forum/halifax-bank-bank-scotland/117705-halifax-cca-request-formal-3.html#post1517116

[phatram]

Morning cb and many thanks for the bump.

[phatram]

Thanks for the link cb, the letters brilliant, thank you.

[phatram]

Would someone please advise me as to wether I should send the following letter to Restons or MBNA or both?

MBNA is the claimant.

Many thanks

P

REQUEST FOR INFORMATION

 

I have received a recent court claim from your organisation. 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 my account formerly held with MBNA EUROPE BANK LTD. 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 (if applicable).

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,

 

 

[pt2537]

yes most definatley

[phatram]

I take it thats both pt?

Sorry I'm having a blonde moment and my wifes laughing at me !

[citizenB]

To make sure it gets to the right department send it to both of them. I would add at the bottom of the letter, under your signature that you have copied it both parties

 

I assume if you were to send it to the solicitors, Restons?, they would have to refer back to MBNA for the information you ahve requested anyway.

[42man]

Yes send the CPR request by RECORDED DELIVERY !!! there are some good (holding) defences if they can't provide the paperwork.....luckily Phat, you at least know quite a bit about CCA's defaults etc....buzz me if you need any assistance...

[The GodMother]

Also acknowledge the claim as that gives u an extra 14 days. PT has a good holding defence floating the website somewhere wiosh i knew where tho.

[The GodMother]

POC looks veague and not much detail.

 

Did they provide any documents with this other than the rest of the claim pack, I mean stuff like the cca the notice of assignment other documents they are gong to rely on.

[phatram]

POC looks veague and not much detail.

 

Did they provide any documents with this other than the rest of the claim pack, I mean stuff like the cca the notice of assignment other documents they are gong to rely on.

 

Received from court,

CLAIM FORM

ADMISSION FORM

DEFENCE AND COUNTERCLAIM FORM

ACKNOWLEDGEMENT OF SERVICE.

Nothing else.

And thanks GM.

[The GodMother]

Well thats the standard claim pack so no they did not send anything else.

 

Rite u need to get a CPR request off giving them 14 days to get u the paperwork and acknowledge the claim in the mean time we me be able to help u with a holding defence.

[citizenB]

Well thats the standard claim pack so no they did not send anything else.

 

Rite u need to get a CPR request off giving them 14 days to get u the paperwork and acknowledge the claim in the mean time we me be able to help u with a holding defence.

 

Godmother / phatram , I found a couple of pt2537's defences.. whether they are holding or not I dont know, however they might give you some idea of what is needed. Btw, I dont know how to carry over multi quotes so if either of you get back before I found the other one again..

 

This one was from pokermad's thread it is post # 36 if the link doesnt take you straight there.

 

http://www.consumeractiongroup.co.uk/forum/legal-issues/110742-bls-no-cca-but-2.html?highlight=holding+defence#post1233246

 

 

 

This one is from Heather58's thread. Post # 52

 

http://www.consumeractiongroup.co.uk/forum/legal-issues/128460-barclaycard-county-court-claim-3.html?highlight=holding+defence#post1389596

Edited May 31, 2008 by citizenB

[phatram]

Hi,

from what I can gather, the new card was taken out and balance transfer made. Soon after letter arrived saying that when the 0% offer ended the interest rates would be way over the 15.9% advertised when the offer was taken out.

Purchases would have been over 20% and cash advances over 30%.

The 0% would only exist if no late payments.

Sounds like another con to me !

[phatram]

Claim no.XXXXXXXDefendant: MR P

 

STATUS'

 

 

 

Confirmation

Thank you. You have successfully submitted your Acknowledgment of Service form to the Court. Y may wish to print this confirmation page for your records by using the "Print confirmation page" b

 

Print confirmation pa

 

 

 

 

Summary details

Claim no. Response type Claimant name Defendant name Submission date & time

 

 

AOS

MBNA EUROPE BANK LTD STANSFIELD HOUSE

MR P 2 June 2008 12:40

 

 

 

If your response was submitted on or before 4:00 pm on a day on which the Court is open, it will I received and processed on that day. Responses submitted after 4:00 pm will be received and proc on the next day that the Court >-, open.

You can now view, print or save your Acknowledgment of Service form for your records, or return status overview page.

You do not need to send a paper copy to the Court.

[phatram]

I have now done the A OF S, and really would like to know my best form of attack.

All I have ever asked for is a legible document and in my opinion they have failed to provide that, thats the only reason for me putting account into dispute. Is that good enough? I have not disputed the amount I owe them (but will now 'cos of unlawful charges and interest added since Nov 07).

Any ideas folks please?

I will be sending the request for info letters on Thursday.

Edited June 3, 2008 by phatram

[phatram]

bump

[phatram]

After reading a few other threads I have a query,

When MBNA sent me the copies of the agreements, one photocopy of one side of the Abbey one (the signed one)was on one side of an A4 sheet and one on the other side of the A4 sheet(the one with interest rates etc).

The question is I have only signed one side of this (side A), side B is not signed and could be from any document at any time?.

I will post copies to show what I mean.

[citizenB]

That does seem to be a common problem phatram in that sometimes there does not appear to be any link and as you say.. could in fact be from two different documents. Until they have to provide the original at court then there is just no way to tell.

[phatram]

SIDE A mbna virgin

 

Edited September 17, 2008 by phatram

[phatram]

SIDE B mbna virgin

Edited September 17, 2008 by phatram

[citizenB]

The bottom left of each page there appears to be a reference.. do they link in any way ?

[phatram]

Not in any way.

And how can you read that? lol

[citizenB]

Not in any way.

And how can you read that? lol

 

LOL, I couldnt !!.. I just saw the splodge and wondered if there was any link:)

 

Scarlet Pimpernel posted some interesting observations re MBNA on my thread post 64 if the link doesnt take you directly there. They might help you.

 

http://www.consumeractiongroup.co.uk/forum/mbna/135999-mbna-cca-enforceable-please-4.html#post1553385

[phatram]

cheers cb.