MBNA/Restons CCJ/ CO

[phatram]

Hows that folks and is there a fee to pay for the unless order?

Edited September 7, 2008 by phatram

[phatram]

Off to court at midday , wish me luck pls !

[tinkerbell20]

subbing

[citizenB]

Off to court at midday , wish me luck pls !

 

 

Good luck phatram:)

[tinkerbell20]

Good luck:)

[The GodMother]

good luck.

[phatram]

MBNA ABBEY.

I have just received a large envelope from Restons containing the following,

 

RESTONS

SOLICITORS LTD

 

 

 

Trinity Chambers 800 Mandarin Court Centre Park Warrington Cheshire WAI 1GG Fax 01925 417517 DX 17770 Warrington

Please Reply To: Direct Line 0870 755 9191

Email

Our reference:

Monday September 08, 2008

 

 

 

Dear Sir

Re: MBNA Europe Bank Ltd v. Yourself Overdue Credit Card XXXXXXXXXXXXXXX

In accordance with the requirements of the Order of the court dated 22nd August 2008 we enclose copies of the following documents:-

1. Credit Card Agreement.

2. Terms and Conditions.

3. Default Notice.

4. Statements of account.

 

 

Yours Faithfully,

 

 

 

Litigation Manager pp Reston's Solicitors Limited

[phatram]

[phatram]

[phatram]

[phatram]

[phatram]

Posts 321 to 324 are photos of current T&C's showing an interest rate of 34.9% and charges at £12.

It doesn't say anywhere its the T&C's, it says its a credit card agreement regulated by the CCA 1974.

[tinkerbell20]

Is that it????

[phatram]

[phatram]

[phatram]

Is that it????

 

Theres more !

[phatram]

ABBEY

Edited September 26, 2008 by phatram

[AndyOrch]

Hi Phatram

 

Does the DN give you 14 clear days to rectify the breach i see 12th May but whats the date on the letter.otherwise DN is ok

 

 

Regards

 

Andy

[phatram]

I won't do all of the statements !

Posts 327 and 328 are a signature form(327) and (328) a "Credit agreement regulated by the CCA 1974 terms and conditions"

I believe the court ordered the following,

IT IS ORDERED THAT

1. The Claimant shall by 4pm on 16-Sep-2008 serve upon the Defendant and/or termination notices, notice of assignment and a full statement of account showing how the sum claimed is calculated.

Does what they have sent comply with that order?

Edited September 9, 2008 by phatram

[phatram]

Hi Phatram

 

Does the DN give you 14 clear days to rectify the breach i see 12th May but whats the date on the letter.otherwise DN is ok

 

 

Regards

 

Andy

 

It says the following,

 

 

We refer to the above agreement which you have entered into with us. Clause 3 of that agreement provides that you must repay immediately the amount of any arrears on the account. You are in breach of that clause because you have failed to make such payment and are seriously in arrears. A stop has been placed on your card.

In order to remedy this breach we must receive a payment of £1305.34 by 12 May 2008

IF THE ACTION REQUIRED BY THIS NOTICE IS TAKEN BEFORE THE DATE SHOWN NO FURTHER ENFORCEMENT ACTION WILL BE TAKEN IN RESPECT OF THIS BREACH.

IF YOU DO NOT TAKE THE ACTION REQUIRED BY THIS NOTICE BEFORE THE DATE SHOWN THEN THE FURTHER ACTION SET OUT BELOW MAY BE TAKEN AGAINST YOU

On or after the date shown, the agreement will be terminated and we will take court proceedings to recover the whole amount owed by you to us. Further statements may not be issued.

IF YOU HAVE DIFFICULTY IN PAYING ANY SUM OWING UNDER THE AGREEMENT OR TAKING ANY OTHER ACTION REQUEUED BY THIS NOTICE, YOU CAN APPLY TO THE COURT WHICH MAY MAKE AN ORDER ALLOWING YOU OR ANY SURETY MORE TIME.

IF YOU ARE NOT SURE WHAT TO DO, YOU SHOULD GET HELP AS SOON AS POSSIBLE. FOR EXAMPLE YOU SHOULD CONTACT A SOLICITOR, YOUR LOCAL TRADING STANDARDS DEPARTMENT OR YOUR NEAREST CITIZENS' ADVICE BUREAU.

If you do not comply with the requirements of the Notice, we will register a default against you with credit reference agencies after 30 days of the date of this Notice. This will remain on your credit file for six years and may affect your ability to obtain credit.

If you have not contacted us in response to our previous reminders you should do so now on Freephone 0800 389 9002 since this may enable problems to be resolved before action is taken against you.

[miaow99]

It says the following,

 

 

We refer to the above agreement which you have entered into with us. Clause 3 of that agreement provides that you must repay immediately the amount of any arrears on the account. You are in breach of that clause because you have failed to make such payment and are seriously in arrears. A stop has been placed on your card.

In order to remedy this breach we must receive a payment of £1305.34 by 12 May 2008

IF THE ACTION REQUIRED BY THIS NOTICE IS TAKEN BEFORE THE DATE SHOWN NO FURTHER ENFORCEMENT ACTION WILL BE TAKEN IN RESPECT OF THIS BREACH.

IF YOU DO NOT TAKE THE ACTION REQUIRED BY THIS NOTICE BEFORE THE DATE SHOWN THEN THE FURTHER ACTION SET OUT BELOW MAY BE TAKEN AGAINST YOU

On or after the date shown, the agreement will be terminated and we will take court proceedings to recover the whole amount owed by you to us. Further statements may not be issued.

IF YOU HAVE DIFFICULTY IN PAYING ANY SUM OWING UNDER THE AGREEMENT OR TAKING ANY OTHER ACTION REQUEUED BY THIS NOTICE, YOU CAN APPLY TO THE COURT WHICH MAY MAKE AN ORDER ALLOWING YOU OR ANY SURETY MORE TIME.

IF YOU ARE NOT SURE WHAT TO DO, YOU SHOULD GET HELP AS SOON AS POSSIBLE. FOR EXAMPLE YOU SHOULD CONTACT A SOLICITOR, YOUR LOCAL TRADING STANDARDS DEPARTMENT OR YOUR NEAREST CITIZENS' ADVICE BUREAU.

If you do not comply with the requirements of the Notice, we will register a default against you with credit reference agencies after 30 days of the date of this Notice. This will remain on your credit file for six years and may affect your ability to obtain credit.

If you have not contacted us in response to our previous reminders you should do so now on Freephone 0800 389 9002 since this may enable problems to be resolved before action is taken against you.

 

What was the date that they sent you the default notice?

[AndyOrch]

I won't do all of the statements !

Posts 327 and 328 are a signature form(327) and (328) a "Credit agreement regulated by the CCA 1974 terms and conditions"

I believe the court ordered the following,

IT IS ORDERED THAT

1. The Claimant shall by 4pm on 16-Sep-2008 serve upon the Defendant and/or termination notices, notice of assignment and a full statement of account showing how the sum claimed is calculated.

Does what they have sent comply with that order?

Have you got the NoA?

I can read the the DN Phatram but what is the date that you have covered up?

 

 

Andy:cool:

[phatram]

No NOA and the date is 28 April 2008.

I still can't read what is on the docs in posts 327 and 328

Edited September 9, 2008 by phatram

[AndyOrch]

So allowing for delivery time also then the you have not been allowed the required 14 days to rectify said breach.

Are you aware of any penalty charges contained within the default notice amount and does the amount equate to their Summons amount?

In answer to your question have they complied well partially apart from the NoA.You need to inform the Court on the deadline that this is still outstanding and also you need to know the amount on the NoA equates to said DN/Summons.

The above points are what you need to concentrate on to further your case not sure if just the absence of the NoA will satisfy the order to strike out

 

Regards

 

Andy;)

[AndyOrch]

I am assuming the debt as been assigned Phatram?

 

 

Andy