MBNA/Restons claimform - old A+L Card **WON+COSTS**

[fairbyblue]

Dunno if in right place but help and advice needed please.

 

About £11k owed to MBNA credit card after marital split,

wrote to them with circumstances and offer of £20 per month (income had gone down by more then half) heard nothing other than I'm in default

 

then got letter from Restons solicitors wanting payment of full amount by today or an offer of payment.

 

Filled in income and expenditure and made offer of £20 per month from whats left over (about £60)

 

got letter today saying offer been refused and Restons been instructed to commence legal proceedings.

 

So what do I do now.

 

So many threads to looks at and I am really confused.

 

I dont want to go to court.

Please help:-?

[AndyOrch]

If litigation is commenced you will recieve a pack containing the details of the claim.You will have options defend all defend part admit all the choice will be yours via your AoS ( acknowledgement of Service).If you decide not to contest the claim the Claimant will recieve judgement by default CCJ ( six years on file) you will have chance to submit a I&E at the time of your acknowledgment and the Court will decide what you can afford to pay,including the Claimants Costs.

 

I trust the above is of help.

 

Regards

 

 

Andy

[fairbyblue]

Thanks,

Thats all I can afford,

will it all be done by letter?

 

Can bailiffs take property off me?

 

I have other debts and I have just arranged payments with them no need to go to court.

 

Is it enforceable,

 

whats all the forms with £1 sent to the creditors.

 

Its confusing and Im rambling as its a shock.

 

Sorry

[AndyOrch]

Thanks, Thats all I can afford, will it all be done by letter? Yes usually from CCBC (Northampton)Can bailiffs take property off me?No I have other debts and I have just arranged payments with them no need to go to court. Is it enforceable,dont know till you request your copy and post it on here whats all the forms with £1 sent to the creditors. CCA request sec 77/78 template in the library (Letter N)include a £1.00 PO and dont sign the request print name and retain proof of recorded delivery Its confusing and Im rambling as its a shock. Sorry

 

lets see if they follow through their threat first but would advise you to request a copy of the agreement anyway forewarned is forearmed

 

Andy

Edited November 26, 2008 by Andyorch

[fairbyblue]

thanks I feel better already although i know it will be slog. I will send letter and po tomorrow and see what happens and post it here if i get it.

[supasnooper]

Hi fairbyblue, welcome to CAG.

 

Follow the advice of andyorch and get the CCA request off ASAP.

 

Do you have a default notice issued by MBNA to hand ?

 

If so, what is the date of the notice and the date they give to make payment by ?

[fairbyblue]

Not got default notice to hand will have root around.

[Mr Happy]

I am in the same situation, after Restons were involved I got my court papers about a week later with no warning so there is a good chance they will be along shortly to you.

 

I am a couple of weeks ahead of you so you may want to watch my thread to see what is install for you in advance.

 

Its entitled MBNA Settlement Offer, here is the link if it works.

[bazaar]

Hi Fairyblue

welcome, you're not alone so try not to worry too much.

[fairbyblue]

CCA letter sent recorded delivery 27/11/08 to Restons.

 

I received court papers from Northampton today (They quick off mark)

 

do i respond to court docs, saying denying all and await CCA.

 

I will type up wording from court doc on monday when not in work (prying eyes and all that) Help:(

 

Office is empty at the moment so here is the POC.

 

The claimant claims payment of the overdue balance due from the defendent under a contract dated on or about 6/12/2005 in the sum of £11224.46 inclusive of interest to the date of this summons at 8% per annum from 18/11/08 to 27/11/08

 

particulars acc no (my account number)

 

18/11/08 default balance 11214.35

21/11/2008 post refrl cr -12.00

21/11/2008 12.00

27/11/2008 interest 22.11

Total 11224.46

 

Together with

Interest pursuant to s69 County Courts Act 19 at the rate of 245.53 pence per day to the date of judgement or sooner payment.

 

So what do i do now. Please help cos i am poo pooing myself.

[fedup74]

Hi fairyblue:) Is there any charges on the balance? If you can get that default notice and post it up here, removing all personal details first, people will be able to advise better. Don't worry, you will get lots of help and advice here:)

[tiokim]

Hi Fayrbyblue, I am in the same situation as you. Have a look at my thread!

 

The main thing now is to acknowledge the service of court papers with your intention to defend the entire claim.(can be done by Internet,that gives you 28 days to file your defence, otherwise only 14)

Don't wait for Restons to reply to your CCA request, I doubt they will, and you are short of time for waiting. As MBNA have taken you to court, you have more rights in relation to have information that are relevant to your defence. You can ask for all the information you need to file your defence under CPR18. I have sent them a very broad request under CPR18 and they replied that my request was inappropriate, however you can use this against them in your defence. The best way to get information from them, I think is to send both CPR 18 but more important CPR31.14 with the documents that they mentioned in your POC, most importantly your contract. Is very unlikely that they have not send you a default notice (MBNA normally makes mistakes when they issue them, so is very important to find)

[fairbyblue]

Heres the default notice, with no numbers to contact them on to arrange payment (not that i can)

 

heres a better link, hope you can read it

[tiokim]

it looks like your default notice is ok(14 days after service). Is a very recent one and i guess MBNA finally know how to issue them. It is my feeling that MBNA is using Restons to enforce debts at moment that they know the contract is unenforceable, but we need to se it first.

Next thing is to send Reston a CPR 31.14 and given them 7 days to comply, if they don't comply in time you can send a holding defence until they provide the CCA.

http://www.consumeractiongroup.co.uk/forum/dca-legal-successes/

 

Start reading the cases successes in the link above, will give you a good of wha to do and how it works.

 

Sorry about my poor english is my second laguage

[supasnooper]

Hi fairby,

 

don't suppose you've kept the envelope that the default notice came in ?

 

If you have, can you either post a scan up or describe the postmark.

[fedup74]

Hi fairyblue. Is there any charges in the balance? I'm sure they cannot add their charges onto the default balance (please correct if wrong)

[supasnooper]

it looks like your default notice is ok(14 days after service).

 

 

Just for your info, a letter is deemed served 2 days after postage using Royal Mail 1st Class service and 4 days using Royal Mail 2nd Class service.

Edited November 30, 2008 by supasnooper
removed incorrect information

[fairbyblue]

Hi, I havent got the envelope, there will be charges as I missed a few payments at the end and whats a CPR 31.14. Im so grateful for this as I am bottling it. Cheers

[supasnooper]

whats a CPR 31.14.

 

I would suggest that you read this thread started by surfaceagentx20

 

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

 

In the first post you will read the suggested CPR 31.14 letter that tiokim has proposed you send ..........and I would endorse that suggestion.

 

Get the CPR 31.14 letter typed up, amended to suit and posted.

 

Remember, print your name, do NOT sign the letter and post by Recorded Delivery.

[tiokim]

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,

[creditcardmug]

Hi, i see Andy has been helping you, hopefully he will be back on soon, he will see your thread cos hes subscribed to it.

 

You definitely need to acknowledge, defending all of the claim though, and send a CPR request.

 

Have you got the receipt for the CCA request you sent?, you will be needing it.

[fairbyblue]

Have you got the receipt for the CCA request you sent?, you will be needing it.

 

Yep safe and sound.

 

CPR going today recorded not signed to solicitors.

 

When i defend the claim do i get a court date?

and will i have to go in person as its northhampton.

 

What happens if solicotors have not sent required stuff do i ask court to adjourn?

[tiokim]

Yes, you will get a date after you file your defense , but not before Restons comply with all your requests for information. The case will be transfered to your local court as soon as you either file your holding defense or you give the courts directions to order Restons to comply with your requests for info.You have now 28 +5 days time for you to learn all about how to deal with your defense and about Restons not so nice ways to play the legal game.

Edited December 1, 2008 by tiokim

[fairbyblue]

Thanks so much, i really appreciate the help.

[creditcardmug]

If you have decided to defend all, you should acknowledge service, you can do it online using the password on the front of the claim form, make sure you tick you are going to defend all of the claim, and print off the receipt when prompted. This gives you an extra 14 days to file a defence

 

You wont have to go to northampton in any event, its just a bulk handling centre, it will be automatically transferred to your local court when the case gets to the AQ stage, if it gets that far.