MBNA/Restons CCJ/ CO

[citizenB]

Would I be able to use any of the following in my defence?

http://www.consumeractiongroup.co.uk/forum/mbna-successes/238861-mbna-court-action.html

 

If it is applicable to your case then yes.

 

If you want to pop up a draft then I am sure we can help you sort it out.

 

Or you could post a summary of the areas you need to cover say...

 

Default notice

charges

Agreement

etc,

[cerberusalert]

In the most recent statements int rates are shown as monthly figures( 2.5292%) .How do I work it out as apr?

Thanks

 

You can use Dualcalc.

dualcalc.zip

[phatram]

You can use Dualcalc.

Thanks but I have no way of paying for this. I'm a cash only bod now!

[citizenB]

Phatram.. were your statements made up on the same day every month ? or every 4 weeks.

 

I think if they were made up on the same day every month then you can

x 2.5292 by 12 which = 30.3504%

 

I seem to recall though that these figures are x by 13.. !! I hope someone will be able to help.

[The GodMother]

I know that C1 and LTSB ccs were done on 28 days which ment 13 statments a year.

[phatram]

Phatram.. were your statements made up on the same day every month ? or every 4 weeks.

 

I think if they were made up on the same day every month then you can

x 2.5292 by 12 which = 30.3504%

 

I seem to recall though that these figures are x by 13.. !! I hope someone will be able to help.

They vary from the 20th to the 22nd of the month

[phatram]

From court today,

Upon reading an email by the defendant IT IS ORDERED THAT

1. The order dated 22 August 2008 is set aside (xxxxxxxxx) as incorrectly drawn.

2. The claimant in cases XXXXXXXX and XXXXXXXX shall by 4:00pm on 29 September 2008 file at Court and serve upon

the Defendant copies of the credit agreement, default and/or termination notices, full statement of account showing how

the sum claimed is calculated.

Dated 10 September 2008

The court office at DERBY County Court.Combined

This was nearly two years ago. How time flies when you're enjoying yourself eh?

They (Restons) never did fully comply with CPR18 request, should I do it again?

[phatram]

This was nearly two years ago. How time flies when you're enjoying yourself eh?

They (Restons) never did fully comply with CPR18 request, should I do it again?

bump

[citizenB]

I would. I think they have had sufficient time dont you

 

Send them a copy of the general order as well.

[lexis200]

I would use CPR18 as a claim has been issued.

 

I think what lexis is saying is that they need to show both interest and APR ?

 

So there should be 2 figures.. I dont know how to work out a monthly into a yearly figure. Will try and find someone who can.

 

Yes, that's what I meant. I'm sure I read somewhere that on statements they should be giving both details, not just the monthly rate as it can make you think you're paying less than you are. IE 1.5% monthly sounds a lot less than 20%apr (I have no idea if that works as a calculation btw, I just picked two figures:D)

[phatram]

Hi phatram,

 

Their reply is nothing short of arrogant and obstructive.

 

I would maybe send something along the lines of....

 

Dear sir, or madam,

 

I am in receipt of your letter dated.....

 

Perhaps I didnt make myself clear, I am requesting a FULL breakdown of the figure you say I owe your client which amounts to (THE DEFAULT FIGURE).

 

Please provide this information within 7 days.

 

Yours etec..

 

 

 

 

Or.. perhaps it might be more forceful if you were to request this information by way of CPR18. It is a legal request and should not be ignored.

 

Template CPR18 below.

 

In the xxxxx xxxxxx xxxxx

Mbna Europe Bank Ltd Stansfield House -v- Mr P RAM

Case No.: xxxxxxxx

 

 

REQUEST FOR INFORMATION CPR 18

 

I have received a 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 EBL.

c. 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) and the annual percentage rates at the times insurance was added.

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 as some are missing from your recent mailout.

 

3. Any other documents you seek to rely on in court.

 

TAKE NOTICE THAT YOU ARE REQUIRED TO ANSWER THE ABOVE REQUEST WITHIN 14 DAYS OF SERVICE OF THE SAME UPON YOU

 

Statement of Truth

 

I believe the facts stated herein are true

 

 

Signed................... ......................... ............ Claimant

 

 

Date..................... ......................... ..............

[phatram]

Hows that ?

[phatram]

Dear Mr Wild,

After going through my records I have discovered that you did not fully comply with my CPR 18 Requests for Information two years ago.

For this reason I am unable to correctly file an updated defence and counterclaim. I therefore ask again for the information I require.

Please find enclosed two new requests under the civil procedure rules.

Yours faithfully

[phatram]

Restons reply to the above,

 

 

 

 

 

[phatram]

How should I reply to that letter?

[citizenB]

Yes, you do appear to have formatted the CPR18 in the form of a Subject Access Request.

 

What information did you request under CPR31.14 ?

[citizenB]

This was nearly two years ago. How time flies when you're enjoying yourself eh?

They (Restons) never did fully comply with CPR18 request, should I do it again?

 

This is what you posted in an earlier thread. I wonder if a short letter asking them to comply with the Judges orders might get them to produce what you require and enclose a copy of them.

 

 

Originally Posted by phatram

From court today,

Upon reading an email by the defendant IT IS ORDERED THAT

1. The order dated 22 August 2008 is set aside (xxxxxxxxx) as incorrectly drawn.

2. The claimant in cases XXXXXXXX and XXXXXXXX shall by 4:00pm on 29 September 2008 file at Court and serve upon

the Defendant copies of the credit agreement, default and/or termination notices, full statement of account showing how

the sum claimed is calculated.

Dated 10 September 2008

The court office at DERBY County Court.Combined

 

 

 

This was nearly two years ago. How time flies when you're enjoying yourself eh?

They (Restons) never did fully comply with CPR18 request, should I do it again?

[phatram]

Ok thanks.

[phatram]

The last I heard from Restons was over a month ago.I had written to them pointing out they had failed to provide me with all the statements I'd requested. In their letter they asked me to tell them which statements are missing! I'm not doing their job for them and I've ignored the letter. I wonder why they havn't been in touch? Maybe they realise I'm owed loads in interest from the PPI returned after the FOS investigation and from all my time, letters, more charges added after first claim etc etc?

[phatram]

Notice of Hearing just arrived from court. How doI start the counter claim?

[phatram]

bump

[phatram]

Are there any threads on counterclaiming? I can't find anything.

[phatram]

MBNA have now sent me 2 credit agreements and one of them is blank ! as in NOT signed. Confused here. Also the amount they say I owe is the same now as it was before they refunded the PPI (which I didn't ask for). What do I need to do to find out whats going on?

[steven4064]

I think you need to be very specific about what you want, why you want it and on what basis you are entitked to it.

 

Are you asking under CPR part 18, s7 DPA or something else (s78 CCA, for example)? What case are you trynig to build?

[phatram]

Thanks for your prompt reply Stephen.

I'll get back to you after work.