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

[tiokim]

Hi Robcag,

I am a similar position as FB( defective DN) but I have filed a complete and extended defence and Restons have not applied for a SJ against me. I am now in the process of giving the courts directions and I would like to use the letter from Restons to the courts in your claim against them. They have now written to me and stated that they can issue another DN(I don’t think they can). I would like to write back attaching that letter where they have admitted the claim against you could not proceed as matters stood. The interesting thing is that the letter to me and the letter sent to the court in your case are written by the same Mr Bouchier, it must be totally vexatious his behaviour (I can’t post anymore right now, critical phase).

Would you let me use it please?

FB, Sorry to use your thread for my benefit

[robcag]

Hi Robcag,

 

I am a similar position as FB( defective DN) but I have filed a complete and extended defence and Restons have not applied for a SJ against me. I am now in the process of giving the courts directions and I would like to use the letter from Restons to the courts in your claim against them. They have now written to me and stated that they can issue another DN(I don’t think they can). I would like to write back attaching that letter where they have admitted the claim against you could not proceed as matters stood. The interesting thing is that the letter to me and the letter sent to the court in your case are written by the same Mr Bouchier, it must be totally vexatious his behaviour (I can’t post anymore right now, critical phase).

Would you let me use it please?

 

FB, Sorry to use your thread for my benefit

 

Hi tiokim

 

What have I done making those suggestions?!

 

It might be better to wait for some informed opinion before going down that route, but having said that I have no objection to you using either or both of those 2 letters.

 

You can either copy & paste from the forum or I can email them if the quality is not good enough.

 

You will notice that in there somewhere Restons also put forward the argument that they could re-issue a correct DN which I think most of us on here would say is illogical. Obviously for you to succeed in arguing against that would depend on how well you put your case and the Judge.

 

Good luck!

 

Cheers

Rob

[tiokim]

Thanks very much for that Rob. I will use the one you posted. The quality is ok.

[fairbyblue]

Well all done and dusted. The statement and exhibits gone off to Restons and the court. So if anyone from restons is readin this look out for a big brown envelope and sit down, put the kettle on and have a read !!!!!

Bring it on!!!!! See you in court on the 20th.

[citizenB]

Well all done and dusted. The statement and exhibits gone off to Restons and the court. So if anyone from restons is readin this look out for a big brown envelope and sit down, put the kettle on and have a read !!!!!

Bring it on!!!!! See you in court on the 20th.

 

Well done, good luck

[robcag]

Well all done and dusted. The statement and exhibits gone off to Restons and the court. So if anyone from restons is readin this look out for a big brown envelope and sit down, put the kettle on and have a read !!!!!

Bring it on!!!!! See you in court on the 20th.

 

Hi fb

 

It'll be interesting to see if those letters have any effect on anything.

 

Good luck!

Rob

[fairbyblue]

Hi fb

 

It'll be interesting to see if those letters have any effect on anything.

 

Good luck!

Rob

 

Cheers, heres hoping, if i made any little mistakes i will be saying i am a litigant in person and hope the judge understands Restons/MBNA versus little old me!!!!

[underdog13]

Best of luck to you, fb:)

[pompeyfaith]

Hiya Fairbyblue,

 

The Judge will understand that you are"litigant in person" and although he wont side with you he or she will put you at ease and make sure your points are put forward.

 

My Defence was also put in court today by hand and sent copy to optima legal so like you its a case of waiting now.

 

Best of Luck to you

 

Regards

 

PF

[angel_1]

Wishing you much success and hope that this will end very soon with a postive result

 

thinking of you and are you attending court on your own - hope someone can go with you even for moral support

 

laters angel x:)

[pompeyfaith]

Angel in my case I think Lexis is gona come to mine

 

PF

[angel_1]

oh PF thats fab,,,,im really pleased for you,,,and im sure you will both be fine,,,,keep positive

 

if fairy you need anyone pls let me know if i can get to you i would be willing if i can get time of work too,,,always a bummer having to go to work:cool:

 

laters all angel x

[fairbyblue]

Just recieved this email !!!!

 

We acknowledge receipt of your witness statement filed in advance of the above hearing. This creates a number of new issues we would like to address in a witness statement prior to the hearing. We would therefore propose an adjournment of the above hearing to the first available date after 28 days for the following reasons:

1. The Claimant requires time to respond to your Statement.

 

2. The Time estimate of 20 minutes is now insufficient (this was based on the content of your defence only) and now probably 90 minutes will be appropriate.

• 
  
  • 
    We await your comments please.
     
    Well I dont want to adjourn, they have ploughed on and bullied and i had little time now they want at least 28 days to prepare their reponses so what do I tell them !!!!
    

[citizenB]

I will ask someone to pop in and advise you.

[fairbyblue]

Oh Bum, I've replied like this hopefully its ok. I'm fuming as they set all time limits that i adhere to and when they get the low baller back they want more time to prepare.

 

Hope this is alright as i've sent it:confused:

 

The statement and exhibits that I rely on were delivered to your office on

13th March 2009 which is 7 days prior to the hearing and was your

request on your application for summary judgement.

It has also been served on the Court.

I actually had less time that the 7 days to prepare that statement and

exhibits.

I have responded in that time limit that you set. I object most strongly

that you wish to adjourn.

As I believe that your case has no basis whatsoever in law, I think that

the case can be dealt with within 20 minutes.

In view of this I wish to proceed on your application on the 20th March 2009

 

Please acknowledge this email.

[citizenB]

It will be interesting to see what their response is:D

[bazaar]

You may need to object to this via the court, dont give them heads up at all. They certainly wouldnt help you would they?

[fairbyblue]

The statement and exhibits that I rely on were delivered to your office on

13th March 2009 which is 7 days prior to the hearing and was your

request on your application for summary judgement.

It has also been served on the Court.

I actually had less time that the 7 days to prepare that statement and

exhibits.

I have responded in that time limit that you set. I object most strongly

that you wish to adjourn.

As I believe that your case has no basis whatsoever in law, I think that

the case can be dealt with within 20 minutes.

In view of this I wish to proceed on your application on the 20th March 2009

 

Please acknowledge this email.

 

I am really fuming they should put up or shut up !!!! Its just another tactic. Is this normal practice? They wanted it, and cos they recieved loads of problems they want adjournemnt. Do I look like the bad guy?

[robcag]

I am really fuming they should put up or shut up !!!! Its just another tactic. Is this normal practice? They wanted it, and cos they recieved loads of problems they want adjournemnt. Do I look like the bad guy?

 

Hi fb

 

Restons (and probably most of the other opponents you will come across in these situations) are slimeballs to the power of n.

 

In my case (application hearing called by HFC/Restons), the local (from 80+ miles away) barrister representing Restons was squirming when he was trying to explain HFC/Restons position and the reason for delays and not complying with the orders of the court at various stages of the process, was now saying that although HFC had stated that they had intended that my alleged debt might be sold to an unknown third party, that this was not the case now, and they now wished to proceed.

 

Lots of 'mights' and 'maybes' were injected into the scenario, which seemed very strange to me at the time.

 

It now transpires that Marlin/Phoenix are claiming to have been assigned the debt 2 days before said court hearing when Restons barrister was claiming the exact opposite!

 

What I'm trying to say here is, like you've realised, Restons are on their back foot which now seems to be calling for them to attempt to re-structure their case, much as it was with me.

 

Just my opinion, but I think if I was you I'd keep in touch with the court by phone to see if any applications are submitted over the next few days so that you find out their intentions at the earliest opportunity, giving you the chance to object.

 

Good luck

Rob

[MARTIN3030]

You have the rights to reject it of course.

Personally I would send it by special delivery and add it onto your costs later.

Send also a copy to the Court.

Indicate that you have done this for each on the respective letters.

[fairbyblue]

You have the rights to reject it of course.

Personally I would send it by special delivery and add it onto your costs later.

Send also a copy to the Court.

Indicate that you have done this for each on the respective letters.

 

I replied by email as they sent it to me by email. The court date is 20th march i.e on friday, its wednesday afternoon now so i doubt they would get the letter in time.

Phoned the court and got someone who talked sense !!. As the papers are going up to the Judge about tomorrow lunch time, i had to email the court restons request, my reply and covering objection . He said that he doubt whether judge would adjourn, although he isnt the judge !!!

So thats sitting in the courts inbox as we speak.

Edited March 18, 2009 by fairbyblue

[supasnooper]

Hi fb,

 

Keep going....

 

I am of the same opinion as robcag that you have restons on the back foot and they are trying muddy the waters.

 

Lets hope the judge sees it the same way.

 

Good luck.

[Viscount Stair]

subbing with interest

[creditcardmug]

I will ask someone to pop in and advise you.

 

CB just noticed your on the site team, congratulations

[citizenB]

Lets hope the DJ sees through their little ploy.

 

Thank you CCM