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

[pompeyfaith]

so steven as im in the same boat my hearing on the 15/06 will take 30 mins not the 3 hrs they have stated wasting court time ? PF

[fairbyblue]

If by some fluke i manage to mess it all up, and the DJ awards costs against me. Will i have time to pay a realistic sum (ie a couple of quid a month) or is it all in one chunk.

[steven4064]

If it comes to that, ask the court to pay by installments

[diddydicky]

fairyblue, you should go to court armed with an expenditure list just as you would provide to cccs paypaln etc

 

If a ccj is awarded the court will use exactly the same formula as they do to work out what you can afford to pay all your unsecured creditors from the amount you have left each month.

 

if per chance you decide to pay off the full amount within one month of the ccj then it wont be recorded- after that it will appear on your credit file for 6 years and then disappear, paid or not!

 

there really is not much to fear from the court- the creditor often loses even if they win 9if you get my drift)

[fairbyblue]

Thanks. i hope not to lose but got to cover every eventuallity. didnt want to get stuck with a few quid of the debt with the costs to be paid in 28 days.

cheers

[fairbyblue]

Well REstons excel themselves again. They had until 4pm today to file and serve what was in court order. At 15.37hrs an email arrived with the Comms Log that I requested. Notwithstanding I did tell Barrister not to send emails and I have never given permission to be served in this way.

The reason for comms log was to see if Account had been terminated after the issue of 1st DN and prior to issue of 2nd.

Their solicitor had previosly refered to it in statement and produced Page 15 of it. That was under the old account number. Fortunatly they produced all the pages this time.

One thing to see is that it is 2 separate logs. One under the old account number and one under the new after it had been sent to MBNA, which was on 1/7/08 the day the first DN exprired.

 

Aslo Restons had all this evidence on 23/2/09 as that was date of print out

 

Now I think the comms log shows that the account was termniated as it shows letters sent to me for 50% settlement dated

9/7/08

10/7/08

4/8/08

2/9/08

18/9/08

 

See extract the Restons 'forgot' to disclose and also the 2 DN's to show account terminated prior to issue of 2nd DN

 

Also see further down

31/5/08 there is Charge Off

 

12/5/08. Note says they are selling debt !!!!

1st DN is correct date on 18/6/08

Then loads of strange entries then date of 2nd DN is 27/10/8 So can anyone help interpreting?

 

 

 

Edited June 5, 2009 by fairbyblue

[fairbyblue]

I need to file a defence by 19/6/09 so can anyone point me in the direction of a template. Is it a detailed statement or brief overview with the main points on that we can argue at out 5hr trial !!!

 

Thanks

[diddydicky]

if you have at any time e mailed them then this in itself is permission fro them to e mail you

 

which is why i always advocate NEVER giving an e mail or fax address as they will do this to you at the last minute

 

if you must fax them use 141 to withhold the number

[citizenB]

FB, did they not send you a list of the code/abbreviations they use (cos they are supposed to).

 

It is my understanding that a charge off is where they write the amount off for tax purposes. Is that proof of terminating, I dont know. But if it was, then they terminated BEFORE they sent the 1st DN on 18/6.

[diddydicky]

FB, did they not send you a list of the code/abbreviations they use (cos they are supposed to).

 

It is my understanding that a charge off is where they write the amount off for tax purposes. Is that proof of terminating, I dont know. But if it was, then they terminated BEFORE they sent the 1st DN on 18/6.

 

one could argue that if it isn't a write off then they are claiming tax releif on a debt they are still charging interest on!

[fairbyblue]

FB, did they not send you a list of the code/abbreviations they use (cos they are supposed to).

 

It is my understanding that a charge off is where they write the amount off for tax purposes. Is that proof of terminating, I dont know. But if it was, then they terminated BEFORE they sent the 1st DN on 18/6.

 

No They emailed just the comms log !!! So its all gibberish

 

The comms log show they sent letters with settlement figure on then reduced down to 50%.

 

Is it not right when the demand full payment the contract has ended?

Edited June 5, 2009 by fairbyblue

[diddydicky]

the lender CANNOt claim the full amount of the account UNLESS they have terminated the agreement

 

therefore if you have a written demand to pay the full amount then the account is terminated!

[fairbyblue]

the lender CANNOt claim the full amount of the account UNLESS they have terminated the agreement

 

therefore if you have a written demand to pay the full amount then the account is terminated!

 

So do you think that the letter sent in july and august saying 'short sett n offer and short settl 50% means they have demanded full amount

 

Any ideas what DCRI means?

 

[diddydicky]

no i dont- it sounds to me like what they are recording is having mailed you a letter offering to settle the debt at 50%

 

this is not termination- and in any event is usually not genuine - just a "come on" to entice you to telephone them

 

you need a termination letter or a written demand to pay the full amount of the account in some form

[fairbyblue]

what about letter from 10/7/09 with no offer just settlement?

[diddydicky]

you need to post it up

[diddydicky]

did they not send you the full list of transactions for the account?

[fairbyblue]

you need to post it up

 

In the comms log dated 10/7/09

 

Also the amounts to rectify in both notices are the same. The amount would have changed if account still been alive as interest or payments recvieved would have been taken into account

[fairbyblue]

did they not send you the full list of transactions for the account?

 

Yep. for the SJ hearing showing charge off in june 08 before 2nd DN

[pompeyfaith]

Hiya Fairbyblue,

 

I was sent my comms log before they even issued the N1 and until tonight when you posted yours i did not have a clue what it was unfortunately i have no code/abbreviations for it but i will go though it tomorrow and see what i can find.

 

Thanks Fairbyblue for putting me in the know.

 

Regards

 

PF

[diddydicky]

In the comms log dated 10/7/09

 

Also the amounts to rectify in both notices are the same. The amount would have changed if account still been alive as interest or payments recvieved would have been taken into account

 

what i meant is that you need to post the letter itself so we can see what it says

[diddydicky]

Hiya Fairbyblue,

 

I was sent my comms log before they even issued the N1 and until tonight when you posted yours i did not have a clue what it was unfortunately i have no code/abbreviations for it but i will go though it tomorrow and see what i can find.

 

Thanks Fairbyblue for putting me in the know.

 

Regards

 

PF

 

write to them with regard to the missing information and put them on notice that they have failed to fulfil their SAR obligations and you wish them to send all the information again(pro Bono) to ensure nothing else is missing

[supasnooper]

Hi fb,

 

I wouldn't be too concerned about MBNA's use of initials (DCRI etc.) as you can make out from the dates in the Comms Log what has gone on with your account.

 

Your defence will be of a similar style of your Witness Statement.

 

As long as you oppose the claimants points and show deficiencies in their paperwork then you'll be fine...........remember you are a Litigant in Person not a legal secretary or solicitor.

Try not to go too clever on the legal jargon neither as you may have to explain it to a judge.

[pompeyfaith]

as my case is similar to yous you can use and edit my defence if u wish PF

[citizenB]

the lender CANNOt claim the full amount of the account UNLESS they have terminated the agreement

 

therefore if you have a written demand to pay the full amount then the account is terminated!

 

 

DD, so would a letter from a solicitor that actually states in the letter THIS IS A FORMAL DEMAND for the £full balance, mean that the account has been terminated. I dont want to hijack FBs thread but think this is a relevant question. Thanks