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

[fairbyblue]

Ticked box to defend all,

CPR letter to restons recorded today,

 

CCA letter last thursday, printed off ackowledgemnt of service.

 

So I just wait and see know. 28 + 5 days to file defence,

is that working days, calender or what?

 

so lets see what restons send.

 

I really apreciate this cos i would be lost without this support.

[creditcardmug]

Ticked box to defend all, CPR letter to restons recorded today, CCA letter last thursday, printed off ackowledgemnt of service. So I just wait and see know. 28 + 5 days to file defence, is that working days, calender or what? so lets see what restons send. I really apreciate this cos i would be lost without this support.

 

Its 33 days from the date on the claim form, calender days

[supasnooper]

Calender days for filing your defence.

[creditcardmug]

Yes, so whatever date is on the claim form, count 33 from there, thats when you must file the defence by.

 

Im helping someone else with the same prob with MBNA/Restons at the mo, ill post the link for you to have a look.

 

http://www.consumeractiongroup.co.uk/forum/legal-issues/163425-mbna-settlement-offer-3.html

[fairbyblue]

This what i recieved after Letter N from the library which is a cca

So what do i do now? Help please

 

Edited March 10, 2009 by fairbyblue

[supasnooper]

Sit back, laugh and file the letter for later.

 

Restons like to send letters like this and I don't know why they do it as the content in is breach of the SRA guidelines.

Especially this letter from the Managing Director no less; normally it's one of their litigation titled employees who manage produce such entertainment.

 

Also beware, Restons employees do like to patrol these forums.

 

But sure as eggs are eggs, once Restons go for a CCJ they'll send you a copy of whatever CCA that MBNA have.

 

However, as they are now acting on behalf of MBNA, Restons are obliged to send you a copy of the CCA.

 

Restons however have done you a favour, as they confirm the account has been terminated which is a fantastic boost when dealing with ineffective default notices.

 

Your default notice would be deemed ineffective if you could prove that the default notice was sent by Second Class post .......or to twist it round - Can MBNA prove the date of service when they post mail by UKMail service ?

That's why I asked if you had kept the envelope as MBNA use UKMail which is deemed a Second Class mail service.

 

Hope this helps.

[fairbyblue]

I have the envelope !!!!

here it is

Edited December 3, 2008 by fairbyblue

[supasnooper]

and is it a UKMail envelope with an S in the postage label in the top right hand corner ?

[fairbyblue]

see post 37, looks like it was first class, but date of default notice is 27/10/08 with payment by 13/11/08 so is it service 2 working days after that, then 14 working days or calender days, or am i clutching at straws

Edited December 3, 2008 by fairbyblue
adding to post

[supasnooper]

Hi fairby,

 

I've just seen your scan.............Damn; unfortunately it says 1st Class Royal Mail and would not deem your default notice as ineffective.

 

For what it's worth, payment is due 14 calendar days after being deemed delivered; which is two days from the date of letter for 1st Class and four days from the date of letter for 2nd Class. There are some exceptions to this but they wouldn't help for your situation.

[fairbyblue]

Ah well, I'm now awaiting reply for CPR. So do I just sit tight? I really appreciate this help this forum is giving.

[tiokim]

My feeling is that the credit agreement itself will be the problem, lets hope. How old is this this credit card account Supasnooper, do you know ?

[fairbyblue]

My feeling is that the credit agreement itself will be the problem, lets hope. How old is this this credit card account Supasnooper, do you know ?

 

At least 3 or 4 years old.

[supasnooper]

Wait and see what comes of your CPR request - it'll arrive in dribs and drabs from Restons.

 

Meanwhile, if you can afford the £10 cost for an Subject Access Request to MBNA, this may flush out the CCA that you need sight of and also to see if any charges have been added to your account that may also make the default notice ineffective.

[fairbyblue]

Cheers so a postal order for £10 and letter for Subject Access Request letter direct to MBNA. Do I sign or print my name

Edited December 4, 2008 by fairbyblue

[tiokim]

I have seen in the forum few MBNA's CCA from 2004 and later with all the prescribed terms present. Lets hope yours does not. Never seen one pre 2004 that complies yet.

Edited December 4, 2008 by tiokim

[creditcardmug]

Restons are talking rubbish in their letter, but you should have sent the CCA request to MBNA, that's more important than a SAR IMO

[fairbyblue]

Shall I send a CCA to MBNA today as well as I am sending a SAR there today. And do I sign the letter or print

[creditcardmug]

Shall I send a CCA to MBNA today as well as I am sending a Subject Access Request there today. And do I sign the letter or print

 

Yes send both if you can afford it, make sure you send them separately by recorded, and keep the receipts, DONT sign just type your name

[fairbyblue]

Cheers, really aprreciate the help. will go off today.

[decker]

Cheers, really aprreciate the help. will go off today.

Hi

 

Restons practice is to go directly for a CCJ regardless of any payment proposals sent to them. Do not be surprised if you receive paperwork within the next week of first contact. If they do not comply with CPR go for an immediate strike - cost is £75 for a court hearing and £45 for a ruling without a hearing. They are sent batches directly from MBNA on a regular basis. Best advice is to challenge claim and make it hard for them regardless, and hope to get a reasonable judge.

 

They will go for a summary judgement but they stupidily demand interest as part of an action that will not be unheld in court, so that can be easily challenged.

 

They will not listen to reason so don't waste time and go directly to court which is exactly not what they want because they lose control and any court will look on your sympathetically if you pay an amount each month which they are currently accepting. Once a CCJ is entered, immediately apply for an Administrative Order which provides protection from other creditors too and stops the debt being traded in the future. It is similar to a PayPlan DMP but is managed by the court providing you protection from all further legal action and would really **** off restons.

 

PS Never sign a letter to them or forward a cheque as they are not beyond doing an RBS - making a document up.

[fairbyblue]

Hi, I havent recieved anything from Restons since 3/12/08 letter in previous post saying sec 78 has no application in this matter.

That was in response to CCA.

I have had nothing from CPR request. What do i do now. I have also CCA and SAR'd MBNA. and heard nothing

[supasnooper]

Just sit tight and see what happens.

 

If I have calculated correctly, your defence needs to be submitted by 30th December ( Please DO check the date of your POC and add 33 days ).

 

Still some time to go yet, however - Restons are pretty ignorant to timescales and written responses.

 

If they don't respond close to the time your defence needs to be submitted then you may wish to plead an "embarrassed defence" ........... but let's if Restons are going to play ball.

 

MBNA have 10 + 2 working days to supply a CCA and they have 40 calendar days to supply the documents requested by your SAR.

 

Hope this helps.

[fairbyblue]

Thanks, you put my mind at rest (now theres a play on words) I'll wait till end of next week to see if anything arrives.

POC was 28/11/08

AOS was 1/12/08

cheers

Edited December 11, 2008 by fairbyblue
typo

[fairbyblue]

As christmas is coming what shall I do now. I have recieved nothing from MBNA and only the letter recieved is one posted previously by Restons. Whats an embarrassed defence?