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

[tiokim]

I think you should not hold to much on the point that the account has changed numbers. It may be totally legal, if the contract allows them. Your best defence is to insist that the account or contract was terminated before the second DN was issued so is not valid. You can use that last Restons leter to prove what it says about DN: Your account was terminated because you failed to comply with DN. That was true with the first one the same way.

[Out4Revenge]

Just wishing you good luck for today, not that I think you'll need it, the timing of the DN's and the acc No change seems to prove the 1st acc was closed so they opened 2nd acc to re-issue a valid DN, sry if this has been covered.

GOOD LUCK

Jimi

[citizenB]

Good luck for today FB.

[bazaar]

Even if the second DN came before termination, which account was terminated?? did you sign up for the second account. We need to know which account they terminated, was it the first one with the faulty DN that they clearly admit? Did they terminate the second account which you'd need proof of signature.

[fairbyblue]

Thanks for the good luck got my wheel barrow full of documents ready and I'll be going in about 30 minutes.

Any last things that anyone has thought of will be appreciated:)

[robcag]

Hi fb

 

I wholeheartedly agree with everyone above who has said the main point of your argument revolves around the first DN and its resulting termination.

 

I know you can see the logic of that, but try and make sure you've got your head around all the arguments/explanations/points put forward by surfaceagentx20 and several others.

 

The more you can fire back to the Judge against Restons pathetic pleading that it is OK to issue a second CORRECTED DN in a reasoned way, the better!

 

You probably already know you have to call the Judge Sir/Madam. Try not to rise to the bait and thump the barrister , just keep your cool and be as polite as you can, and you also probably know not to discuss the case with him/her before you go in to the room. If approached just tell them you are willing to listen to them, but you will not discuss matters.

 

Cheers

Rob

Edited March 20, 2009 by robcag
punctuation

[citizenB]

 

You probably already know you have to call the Judge Sir/Madam. Try not to rise to the bait and thump the barrister , just keep your cool and be as polite as you can, and you also probably know not to discuss the case with him/her before you go in to the room. If approached just tell them you are willing to listen to them, but you will not discuss matters.

 

Cheers

Rob

 

But you can accidentally on purpose run over him with your wheelbarrow on the way out

[Out4Revenge]

does anyone know the time of the hearing?

[MARTIN3030]

Looks like its this morning.

[Out4Revenge]

yeah but i'm sat here with everything crossed and i'm getting cramp;)

[fairbyblue]

I'm back !!!!!. Well what a bit of a farce. Get there in plenty of time as the hearing is 10.40am at 10.30am this chinless wonder Mr XXX appeared on behalf of Restons he intoriduced himself to me and said he was applying for an adjournment as there is 'insufficent time' for the case to be heard as i had submitted a detailed statement. I told him that i objected mostly strongly to this. so he went away to read his "Law for Dummies" book.

 

We go in at 1045hrs and Mr Tarquin-farquar-farquar-winchester-xxxx for the claimant pipes up and says because i submitted a 6 page statement they cant deal with it today as 20 minutes is not long enough. I said i submitted it 'as was their application for summary judgement"

The judge agreed. So i thought 'Boll0cks to this' so i piped up " I have fully complied to the request to submit my statement to them 7 days prior and i am ready to go, in fact they have indicated to the court that I have no defence and they cannot see how I can go to trial in attempt to mislead me and or the court.

Judge says she has read the my statement and its are comprehensive but she agreed 20 minutes was not long enough. So Mr chinless -wonder -xxxx then asked for adjournemnt and for 1 hour of alloted time, she asked him if that would be enough would 2 hours be better? He said 1 hour would be enough. I then chipped in " if they had of waited for the allocation questionnaire without ploughing on for summary judgement they would of seen I had asked for 3 hours.

 

She adjourned to next available date !!!!!!

 

I then pointed out that i had recieved email from Restons yesterday that if i did not agree to adjournemnt because of insuffienct time they would be seeking costs. The judge was put out by that and said "Its not up to them to decide that is my decision"

 

So there we have it none of my points were tested. My powder is dry and in fact i will collect a bit more ammo before the next date.

 

Next question, can they now submit a further statement or do they have to rely on the one with all the hearsay in from Powell from MBNA that i recieved from them yesterday.

Edited August 9, 2009 by fairbyblue

[Viscount Stair]

I didn't think it would get dealt with today - although I guess I hoped you might get a little further with the argument that it was completely unsuitable for sj in the first place.

 

I think there is probably the opportunity in practice (if not in procedural theory) for both of you to serve further statements and, in particular, a little reply dealing with the points made in yesterday's statement would not go amiss at all.

[fairbyblue]

The good thing though is I've learnt alot and am more confident. It isnt a place to frightned of and am looking forward to the joust next time.

[creditcardmug]

The good thing though is I've learnt alot and am more confident. It isnt a place to frightned of and am looking forward to the joust next time.

 

Good for you, you will be an even more formidable adversary from here on...well done

[humbleman]

Fairbyblue

 

Why don't you apply for a S.J. to have their claim struck out.

[citizenB]

The good thing though is I've learnt alot and am more confident. It isnt a place to frightned of and am looking forward to the joust next time.

 

Well done FB. I guess it was inevitable that it would be adjourned. But as you say, you have gained confidence because of it. Also, Restons will now realise you are on the ball.

 

I would think that if they change their original defence then you will be able to respond.

 

All you have to do now is make sure all your arguments are watertight, so in effect this has given you a bit more time to counter anything they chuck at you.

 

I am pleased that the costs issue was squashed by the DJ:D

[supasnooper]

Hi FB,

 

Well done on today.

 

It will be interesting to see if Restons do proceed.

 

Sounds like your judge had the measure of Restons representative as well.

[fairbyblue]

I am pleased that the costs issue was squashed by the DJ:D

 

Well up to now its cost them a barrister to something i could of agreed to, without the need for him to attend. So s0d 'em. The judge adjourned to next available date so not the next date after 28 what they wanted.

[creditcardmug]

I liked the bit where you slated them for bringing the SJ, instead of letting events take there normal course:D

[robcag]

Well done fb

 

At least you stuck up for yourself and didn't just sit back and listen to the small talk between the Judge and the barrister

 

IMHO, as this was an unwarranted SJ hearing called by Restons, which they then changed their minds about because they realised it wasn't going to be the walkover they foolishly hoped it would, then to my mind you had an unnecessary trip to court and they should have had to pay your costs for today.

 

A shame really, at least my Judge realised that and awarded me costs for the day without even asking.

 

Cheers

Rob

[underdog13]

Well done FB:) Wonder if Restons will even make it to the next round?

[decker]

Well done.

 

I would also attack MBNA by issuing a Financial Irregularities Claim against MBNA for the full amount if you can afford the court fee.

 

Don't bother with restons at the moment let them play their games - go for MBNA

 

I have got a "no win - no fee" solicitor - going their way.

[humbleman]

Well done.

 

I would also attack MBNA by issuing a Financial Irregularities Claim against MBNA for the full amount if you can afford the court fee.

 

Don't bother with restons at the moment let them play their games - go for MBNA

 

I have got a "no win - no fee" solicitor - going their way.

 

Really, would love his contact details

[underdog13]

Really, would love his contact details

 

So would I

[fairbyblue]

Well done.

 

I would also attack MBNA by issuing a Financial Irregularities Claim against MBNA for the full amount if you can afford the court fee.

 

Don't bother with restons at the moment let them play their games - go for MBNA

 

I have got a "no win - no fee" solicitor - going their way.

 

And whats one of them?