mitzbag v restons burgh!

[mitzbag]

To cut a long story short, Restons have issued court papers on behalf of MBNA (everyones favourite) Virgin card, I have sent off my acknowledgement of service to court saying I intend defending the whole claim, I wrote the following letter to restons and copied in the courts.

 

 

 

 

Restons Solicitors Ltd

Trinity Chambers

800 Mandarin Court

Warrington

WA1 1GG

 

 

In the Northampton (CCBC) County Court

Restons Solicitors/MBNA -v- Mitzbag

Claim Number:

 

To Whom It May Concern,

 

REQUEST FOR INFORMATION

 

I have received a recent court claim from your organisation, despite the fact you were fully aware of the legal dispute with regards to the alleged agreement in question. 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 the alleged agreement held with MBNA.

 

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.

 

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,

 

Mitzbag.

 

 

I got back from them a one liner reading ........

 

We are in receipt of your letter dated xxxxxxxx

It is not our policy to respond to draft documents.

 

Mr M Dolan.

 

 

Have I missed somert ere? Can anyone help a damsel in distress????

[pudsters14]

Elloooooo luvvie!

 

I will be watching your thread with interest.

 

Someone will be along soon to give you some advice and I will help as per usual!

 

BURGH!

 

Pudst

x x x x x

[fedup74]

Their arrogance can only go against them. From all the threads I have read and from our own bitter experience, they don't feel that they have to comply with your request for some reason, even though they are quick enough to get on your back. Good luck with this shower, I am hoping to get our judgement set aside as there are some very dodgy dealings. Just read some of the other threads who are further along than you and see how they have got on. Incidentally have you received a copy of your agreement? Probably not but they will make one up for you! As I say they are shooting themselves in the foot by not supplying the info under CPR. One of the more legal minded peeps will be able to help you in your response to these wasters. Good luck:)

[surfaceagentx20]

Could you please post up the text of the Particulars of Claim after removing any information which would identify you. Where money is involved, can you please give an indication of the value of that money without specifying the amount. for example, £5,331.56 would be written £5xxx.xx, £869.21 would be written £8xx.xx.

 

Thanks.

 

x20

[mitzbag]

The Claimant Claims payment of the overdue balance due from the Defendant under a contract dated on or about xx/xx/2006 in the sum of £5xxx.xx inclusive of interest to the date of the summons at 8% per annum from xx/xx/xx to xx/xx/xx

 

PARTICULARS a/c no:- XXXXXXXXXXXXXXXX

 

DATE ITEM VALUE

 

XX/XX/XX Defauls Balance 5xxx.xx

Post Refrl Cr NIL

 

Together with:-

Interest pursuant to s69 County Courts Act 19

at the rate of xxx.xx pence per day

to the date of judgement or sooner payment.

 

 

Thanks x20 hope this helps you to help me.

[42man]

You needed to put CPR18 on the letter....but this might be a better one to write (send recorded) - courtesy of surfaceagentx20

 

Dear Sir,

 

Re: (Claimant's name) v (Your name) Case No:

 

CPR 31.14 Request

 

On (date) I received the Claim Form in this case issued by you out of the (Name) County Court.

 

I confirm having returned my acknowledgement of service to the court in which I indicate my intention to contest all of your claim.

 

Please treat this letter as my request made under CPR 31.14 for the disclosure and the production of a verified and legible copy of [each of the following / the] document(s) mentioned in your Particulars of Claim:

1 the agreement. You will appreciate that in an ordinary case and by reason of the provisions of CPR PD 16 para 7.3, where a claim is based upon a written agreement, a copy of the contract or documents constituting the agreement should be attached to or served with the particulars of claim and the original(s) should be available at the hearing. Further, that any general conditions incorporated in the contract should also be attached.

 

2 the default notice

 

Your client should ensure compliance with its CPR 31 duties and ensure that the documents I have requested are copied to and received by me within 7 days of receiving this letter. Your CPR 31 duties extend to making a reasonable and proportionate search for the originals of the documents I have requested, the better for you to be able to verify the document's authenticity and to provide me with a legible copy. Further, where I have requested a copy of a document, the original of which is now in the possession of another person, you will have a right to possession of that document if you have mentioned it in your case. You must take immediate steps to recover and preserve it for the purpose of this case.

 

Where I have mentioned a document and there is in your possession more than one version of that same document owing to a modification, obliteration or other marking or feature, each version will be a separate document and you must provide a copy of each version of it to me. Your obligations extend to making a reasonable and proportionate search for any version(s) to include an obligation to recover and preserve such version(s) which are now in the possession of a third party.

 

In accordance with CPR 31.15© I undertake to be responsible for your reasonable copying costs incurred in complying with this CPR 31.14 request.

 

If you require more time in which to comply with this request you must tell me in writing. You must tell me before the time for compliance with this request has expired. In telling me you require more time you must tell me what steps you have taken and propose to take in order to comply with this request and also state a date by when you will comply with this request. In addition your statement must be accompanied with a statement that you agree to an extension of the time for me to file my defence. Your extension of time must be not less than 14 days from the date when you say you will have complied with my request and you must state the new date for filing my defence.

 

If you are unable to comply with this request and believe that you will never be able to comply with this request you must tell me in writing.

Please note that if you should fail to comply with this request, fail to request more time or fail to agree to an extension of time for the filing of my defence, I will make an application to the court for an order that the proceedings be struck out or stayed for non-compliance and a summary costs order.

 

I do hope this will not be necessary and look forward to hearing from you.

 

yours faithfully

[mitzbag]

Shall I send both? I will resend my original request with section 18 request written on it, then shall I send the above letter too? Im all confused?

[supasnooper]

Hi mitzbag,

 

You'll just need to send the CPR 31.14 request (courtesy of x20) in post #6 as 42man suggested after amending to show your details.

 

Just print you name at the bottom, do NOT sign it and send off by Recorded Delivery to Restons.

[pudsters14]

What about all the other info she requires? How does she request this?

 

Like the transcripts etc?

 

Pudst

x x x x

[42man]

Have a read here - http://www.consumeractiongroup.co.uk/forum/legal-issues/159445-getting-them-reveal-their.html

[mitzbag]

let me give you an update..... Got summary judgement hearing on Monday 6th they have sent witness statement from one of the managers at MBNA but it doesnt make much sense... IF I lose (and I hope I dont) how do I give them an income and expendature so that they dont go for a charging order when I cant pay full amount there and then??

[supasnooper]

You don't give Restons an Income and Expenditure sheet at any time - they have no right to one !

 

You take a copy of the I & E and give it to the judge if you lose.

 

The judge will decide on financial matters not Restons.

 

Restons seem to be pursuing the Summary Judgment tack at the moment.

 

Make sure you are well prepared - is the CCA enforceable ? Is the DN effective ?

 

Good Luck

[sunflower99]

subbing to thread and hopeing all goes well for you

[supasnooper]

I'd forgotten about this thread .

 

I do hope it went well for you Mitzbag.

[StayingCalm]

Hi mitz

 

I do hope you got on OK today, only just found your thread.

 

Please let us know, good (or not so good), there’s plenty of help on here.

 

Lots of us have defeated Restons now, my case took 6 months from N1 to Notice of Discontinuance.

 

Regards

SC

[mitzbag]

I went to court yesterday for Summary Judgement hearing. It went well.. They never got judgement, however judge has sent a lot of directions for me. If anyone can help will you please pm me as I KNOW FOR A FACT the ratstons mob are going through this site regularly as It was mentioned in my letter from them...... HATEFUL ! ! ! I could do with some help please...

[supasnooper]

Hi Mitz,

 

Glad it went well for you yesterday.

 

Restons do like to patrol the forums but there's not a lot they can do when they're wrong on points of law.

 

It is not actually Restons solicitors who you are facing in court as they only actually have 4 solicitors registered with the SRA, but freelance solicitors who often have very little briefing or knowledge of your case.

 

There are plenty of people here who can advise you but I think that the site team will need to look at the situation of posting advice by Private Message. Please do read this thread on this matter - http://www.consumeractiongroup.co.uk/forum/legal-issues/131923-beware-advice-pm.html

[mitzbag]

restons sent a barrister yesterday, I advised them i did not recall the debt and questioned the default notice and agreement etc, the judge then advised if i say i dont recognise the debt and then it is proved it is my debt then this is purgery, he then went through the statements of my account and asked me about random transaction which i did not recognise?? he then made directions to ammend my defence and pay attention in it to the transactions on the statements. sayin that after my defence has ben filed he will make directions to restons, to prove a link between the agreement and the debt and also as the default notice refers to clause 8 of the agreement, but there is no clause 8 in the agreement then he wants this clarifying, the barrister for restons, said they may discontinue if i becomes too much work getting bank details etc and stubs where the money was spent, but the judge said if i lose i will have to pay there costs. any ideas????

[42man]

Be VERY careful what you say on here......what are the directions the judge has ordered and by what date ?

[sunflower99]

Hi Mitzbag!

I am glad sj went well and that is encouraging to all us other Reston victims!

[sunflower99]

Hi mitz

 

I do hope you got on OK today, only just found your thread.

 

Please let us know, good (or not so good), there’s plenty of help on here.

 

Lots of us have defeated Restons now, my case took 6 months from N1 to Notice of Discontinuance.

 

Regards

SC

Hi StayingCalm!

Thats great news! Congratulations and gives us all hope!:-)Reading your post cheered up my day!

[davey77]

Interesting stuff. Hope this can be concluded quickly for you and you can post up more detail afterwards

[mitzbag]

ASSISTANCE REQUIRED PLEASE...... After summary Judgement hearing I have been given some directions, they are:-

 

1 The defendant do file and serve an ammended defence by 27th April, dealing in particular with the transactions on the Credit Card Statements, both credits and debits. (I have sent SAR to my bank and to MBNA to get set of statements to try and tie the transactions together)

 

The summary Judgement hearing was adjourned generally.

 

The judge also stated that the claimant will have to produce an explanation as to why the agreement does not tie up to the alledged debt (the only reference on there is a number that doesnt relate to anything) and also in the default notice it refers to clause 8 of the agreement (agreement only goes upto clause 5!!!) but the claimant only need to do this when my defence is filed.

[sunflower99]

bump!

[pudsters14]

bump pls... can anyone help pls?

 

pudst

x x x