Re: Me vs MBNA court case looming help please / **DISCONTINUED**

[creditcardmug]

They have 28 days from 16th dec to indicate their intention to continue to the court, although they are always given longer than that in practice, so its a waiting game at the mo.

[Mr Happy]

They have 28 days from 16th dec to indicate their intention to continue to the court, although they are always given longer than that in practice, so its a waiting game at the mo.

 

 

 

Its been well over 28 days now, will they let me know if it will go no further (MBNA or Courts) or is is it kept secret from me unless I ask.

 

If they take it no further is the debt still visible on the credit reference agencies and if so can I have it removed.

[creditcardmug]

You could phone the court on monday, and ask what the status is, but they will probably say its been stayed indefinitely, your only options then are to wait to see if they apply to lift the stay, or file a "Application Notice", on form N244) however this will cost £75, but will make them move forward more quickly.

[tiokim]

I filed my defence on the same day that you did. Same MBNA/ Restons, unenforceable agreement etc.

Remember is not just 28 days, is 28+5 =33. The bulk centre is with a 15 days delay time at present. If you call the court, they will tell you that it is on Stay but if Restons has replied to your defence and if it is just been hold up in the centre backlog of work then the Stay would not be effective. I had a letter from Restons yesterday. The usual threats like saying that my defence was taken out of the internet, I had no chance to win, give up now etc.

[angel_1]

hiya tiokim

 

just read your last post, how pathetic of them to even challenge you where you got your defence information from - and surely if i got to court i would actually question their ethics on this too, it is of no concern to them where you obtained your defense from, they have their way and you have yours

 

just to try to scare you to not to continue, im appalled but hey ho, we are behind you and others all the way

 

take care and laters angel x

[tiokim]

Thanks Angel, it is nice to know I have support here. Just working on my reply to them. They are in did patroling this site, so I need to be a bit carefull just now. Will post it all later.

[Mr Happy]

I have had some telephone calls from MBNA and an email asking me to ring, all unanswered, no letter as of yet, sure it will come soon.

 

Please call 01244XXXXXX, as soon as you receive this message.

 

We have made several attempts to contact you recently and we have time sensitive information that we need to discuss with you.

 

Thank you in advance for your cooperation

 

I am not going to make any deals with them, cant trust them as far as I can throw them, so just waiting for it to go or not to go to court.

 

Decided to wait to see if I got a letter before enquiring if I have a stay or not after you advised about the court delay.

[bazaar]

Hi PS

Strange that this 'time sensitive' info isnt being sent by recorded delivery to your address.

Seems like they dont want to commit anything in writing.

[supasnooper]

I have had some telephone calls from MBNA and an email asking me to ring, all unanswered, no letter as of yet, sure it will come soon.

 

 

 

I am not going to make any deals with them, cant trust them as far as I can throw them, so just waiting for it to go or not to go to court.

 

Decided to wait to see if I got a letter before enquiring if I have a stay or not after you advised about the court delay.

 

 

A wise move.

 

Do not trust them whatsoever.

 

They are probably offering a partial settlement figure and then try to nail you for the rest.

 

Wait for them to send you a letter.

[Mr Happy]

Now received my court date and not looking forward to the 40 minutes allocated.

 

What would be my best plan of defence, claim details as a PDF.

mbna claim.pdf

Edited April 12, 2009 by Pi-stoff

[underdog13]

I note they say that the DN was sent by first class post as MBNA is wont to do - my DN from MBNA (and most other people's on cag) was sent by second class post. Did you keep the envelope?

[Mr Happy]

I still haven't seen the dn, so no envelope.

[underdog13]

In that case state that no DN was received by you and put them to strict proof that one was sent.

[Mr Happy]

The problem is a lot of my post goes to a similar address in a nearby village so one may have been sent, they used to bring it round to me but just return it to sender now because it happens so often, my POP box was cosed because of this and it took me 4 weeks to have it reinstated.

 

I have read somewhere that court legal papers are deemed delivered 2 days after despatch even if received or not, not sure if this is the same with the dn.

[supasnooper]

Hi there,

 

You really need to get an Subject Access Request off to MBNA as soon as possible. Re-reading your thread I know finances may be tight but this is a must.

 

You need to see the original Default Notice as most of them are defective, and as such, will provide you with a very effective defence.

 

Restons points are the usual bluster and bluff - e.g. the DN would have been posted first class. Why choose to write "would" if it really "was" posted first class. The original Agreement was blah, blah, blah etc. - first point in court is to ask them have they bought the original agreement to court under CPR16.7.3

 

In my opinion, you should be able to pull apart the CCA they have sent. The pages only appear to be linked by the two handwritten numbers on them but when was that written and by who ? Get them to prove the validity of the two. Oh and it's headed Priority Request Form not as a Credit Card Agreement.

 

Can you please post up and scan the Default Notice that Restons have sent you document MBNA 1 so we can see if it is defective.

 

It is unusual for Restons to rely on a Default Notice if it is not defective and thus may have been "amended" to suit.

 

I say this as they didn't mention it in my SJ application (even though they sent me a copy of the DN in reply to my 31.14 request ) and had to admit to the court the DN was indeed defective. (My thread - http://www.consumeractiongroup.co.uk/forum/legal-issues/160395-restons-court-action.html ).

[Mr Happy]

Thanks for your help so far it gives me hope.

 

A copy of my DN as supplied by Restons attached.

mbna dn.pdf

[Docman]

Pi,

What was the date on the DN?

[Mr Happy]

Pi,

What was the date on the DN?

 

 

8 August 2008

[summerbreeze]

Oh dear .. dated 8th and remedy before 23rd .. not enough time allowed . A dodgy DN

[Docman]

Oh dear .. dated 8th and remedy before 23rd .. not enough time allowed . A dodgy DN

 

My thoughts entirely.

 

So, there is no credit agreement and a defective default notice. Both good grounds to have the whole thing thrown out.

[Docman]

Pi

 

As far as I can see, MBNA have a 'tear off' application and a defective DN. The claim details you posted yesterday are from MBNA's application for summary judgement.

 

Restons are trying to take a short cut. They know full well that in a full trial, they will lose becasue they do not have the documents to support their case. Instead, they are going for a quick 'summary' judgement in the hope they get a District Judge who doesn't know all that much about consumer credit law and wants to get the case over quickly. You will have to prepare a witness statement in response opposing the application. The witness statement will in effect be a full defence.

 

What date will this application be heard in court?

[WelshMam2009]

I have read somewhere that court legal papers are deemed delivered 2 days after despatch even if received or not, not sure if this is the same with the dn.

 

I think you're thinking of the Practice Direction copied below. Depends though if it's first or second class post. However, my understanding is that if they can prove dispatch, via say a computerised print out, then service is deemed to have occurred, UNLESS you are able to prove otherwise. This is generally accepted for all documentation in court.

 

2. Practice Direction

 

Service of Documents - First and Second Class Mail

 

"With effect from 16 April 1985 the Practice Direction issued on 30 July 1968 is hereby revoked and the following is substituted therefore.

 

1. Under S7 of the Interpretation Act 1978 service by post is deemed to have been effected, unless the contrary has been proved, at the time when the letter would be delivered in the ordinary course of post.

 

2. To avoid uncertainty as to the date of service it will be taken (subject to proof to the contrary) that delivery in the ordinary course of post was effected:-

 

(a) in the case of first class mail, on the second working day after posting;

 

(b) in the case of second class mail, on the fourth working day after posting.

 

"Working days" are Monday to Friday, excluding any bank holiday.

 

3. Affidavits of service shall state whether the document was dispatched by first or second class mail. If this information is omitted it will be assumed that second class mail was used.

 

4. This direction is subject to the special provisions of RSC Order 10, rule 1(3) relating to the service of originating process.

 

8 March 1985

J R BICKFORD SMITH Senior Master

Queen's Bench Division

[Mr Happy]

Pi

 

As far as I can see, MBNA have a 'tear off' application and a defective DN. The claim details you posted yesterday are from MBNA's application for summary judgement.

 

Restons are trying to take a short cut. They know full well that in a full trial, they will lose becasue they do not have the documents to support their case. Instead, they are going for a quick 'summary' judgement in the hope they get a District Judge who doesn't know all that much about consumer credit law and wants to get the case over quickly. You will have to prepare a witness statement in response opposing the application. The witness statement will in effect be a full defence.

 

What date will this application be heard in court?

 

 

The claimants application will take place on the 18th of May.

 

Restons say that if I issue a witness statement that I must send them a copy 7 days before the date, is that correct.

[supasnooper]

Yes, if you wish to oppose restons, then you must file and serve 7 days before the date.

[Mr Happy]

any help with my witness statement would be appreciated, im not sure what it involves.