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

[tiokim]

I think you can assume now, they will not send you anything else in time. I think in your case the holding defence is the best option as you have nothing to work on a more elaborate defence. The court will in time demand those documents from them for you so no need to worry.

[supasnooper]

Sit back and enjoy Christmas.....there's not much you can do until you either get the docs requested or when your defence needs to be filed.

 

MBNA should have answered your CCA request by now but mail is being delayed this time of year (date dependant on when you posted the request - remember it's 12 + 2 days for this ).

 

MBNA are obviously very busy at the moment and no doubt will supply you with just statements in response to your SAR if they follow their usual form.

 

 

An embarrassed defence is used when you have no documents that should have been supplied by the claimant that you can inspect. (i.e the CCA should have been attached to CCJ summons )

 

I'm sure andyorch will have such a defence he may wish to post up.

[fairbyblue]

Bump. Is there an embarassed defence that is posted up so i can have a look? cheers

[tiokim]

Hi Fairbyblue,

I think you should start by reading all the threads here: http://www.consumeractiongroup.co.uk/forum/dca-legal-successes/

Most defences have an element of embarrassed as the claim stands. Read as much as you can from those cases above and the correspondent defences and take your pick.

My personal suggestion is don’t follow advice to keep your defence short. I believe you should hit hard from the start.

[fairbyblue]

Bump, as day I need to submit defence is looming. Getting a bit twitcy now.

 

I've read loads of posts and now Im even more confused.

 

I need to submit a defence POC was dated 28/11/08 AOS was 1/12/08.

 

I've CCA' and CPR Restons and CCA and SAR to MBNA and nothing has come back except a letter from Restons which is in a previous post.

 

am really worried now as I dont want to miss the date of submitting the defence.

 

Any help would be really appreciated.

[supasnooper]

Have a look at this thread; post no #89 where there is a short embarrased defence set out by andyorch....you may need to amend it to suit your case.

 

http://www.consumeractiongroup.co.uk/forum/legal-issues/167044-ccj-court-claim-form-5.html

 

Hope this helps.

[Mr Happy]

I've read loads of posts and now Im even more confused. I need to submit a defence POC was dated 28/11/08 AOS was 1/12/08. I've CCA' and CPR Restons and CCA and Subject Access Request to MBNA and nothing has come back except a letter from Restons which is in a previous post.

I am really worried now as I dont want to miss the date of submitting the defence.

Any help would be really appreciated.

 

 

I had the same problem, lots of help until the date just before the deadline then a deadly silence on the forums, I did get a defence letter set out but wanted some more input about the content just to make sure all was OK, this never arrived so I sent it anyway, I have received a letter from the court advising that the defence has been sent to Restons, its in their hands now.

 

I gave a link to my case earlier in the thread, keep checking out my thread it is a few weeks ahead of yours.

 

God luck and a free bump for you.

[fairbyblue]

Cheers. I can put in a defense now. Really appreciate it. Thanks.

 

Thanks guys. Defence submitted as per previous post by supasnoopeor and andyorch. So I just wait now, i presume. That is a little weight of my mind.

[fairbyblue]

Received today from MBNA a statemnt of my account as 'in accordance with sec 7 of data protection act' and they returned my £10.

 

It shows history of account from 2006, payments from me of £12 per month which i m still paying and late charges.

 

Its only part of what i asked for.

 

No credit agreement, nothing, just a print out of my account.

 

So what now? Cheers

[AndyOrch]

Hi Fairbyblue I trust you are well.

 

Ok what you have received is nothing to do with your requests, all companies are now required to send this notice as part of the changes in CCA DPA.Looks like they are partially complying and to fob you off with the DPA inclusion,regard this as partially complied.

have you received notification that your defence as been forwarded to the Claimant?

 

Regards

 

Andy;)

[fairbyblue]

Hi, I'm fine i think.

 

On MCOL it stated that they are sending defence to claimant.

 

I also sent letter to Restons with defence on it.

 

On the printed statement of my acount there are charges on there, there is also evidence of me paying every month (on time as agreed) and they then Restons got involved.

 

I'm still paying £12 per month.

 

Whats the time scales now and ultimitaly can they put a charging order on my house and force me to sell home even if I pay every month.

 

Thanks for the help. You a godsend.

[Josie8]

They have 28 days to proceed if not its stayed.

 

Werite to Restons under CPR 31.14 requiring production of the agreement as it is mentioned in the particulars of claim. They have to provide it within 7 days of receipt of your letter.

 

MBNA have a problem locating agreements readily

 

If they get judgment and you keep up with monthly payments then they can't get charging order.

[Josie8]

SX20

 

 

 

Dear Sir,

 

Re: (Claimant's name) v (Your name) Case No:

CPR 31.14 Request

 

On (date) I received the Claim Form in this case issued by you out of the (Name) County Court.

 

 

[Prior to the issue of proceedings I had delivered a request for the production of the agreement mentioned in the Claim Form and on which you rely. That request was ignored][delete if no such request was delivered]

 

Please treat this letter as my request made under CPR 31.14 for the disclosure and the production of a verified and legible copy of [each of the following / the] document(s) mentioned in your Particulars of Claim:

 

1 the agreement. You will appreciate that in an ordinary case and by reason of the provisions of CPR PD 16 para 7.3, where a claim is based upon a written agreement, a copy of the contract or documents constituting the agreement should be attached to or served with the particulars of claim and the original(s) should be available at the hearing. Further, that any general conditions incorporated in the contract should also be attached.

 

2 the assignment*

 

3 the default notice*

 

4 the termination notice*

 

5 [any other documents mentioned in the Particulars of Claim]*

 

* delete if not mentioned in the Particulars of claim.

 

[Although your claim is for a sum which is not more than £5,000.00 and will in all likelihood be allocated to the small claims track for determination upon my delivering a defence, at this moment in time I have not delivered my defence and the case has not been allocated to a track. In consequence the provisions of CPR 27(2) are of no effect and you should not seek to avoid compliance with your CPR 31 duties by claiming otherwise]#

 

# delete if claim for a sum exceeding £5,000.00

 

You should ensure compliance with your CPR 31 duties and ensure that the document(s) I have requested are copied to and received by me within 7 days of receiving this letter. Your CPR 31 duties extend to making a reasonable and proportionate search for the originals of the documents I have requested, the better for you to be able to verify the document's authenticity and to provide me with a legible copy. Further, where I have requested a copy of a document, the original of which is now in the possession of another person, you will have a right to possession of that document if you have mentioned it in your case. You must take immediate steps to recover and preserve it for the purpose of this case.

 

Where I have mentioned a document and there is in your possession more than one version of that same document owing to a modification, obliteration or other marking or feature, each version will be a separate document and you must provide a copy of each version of it to me. Your obligations extend to making a reasonable and proportionate search for any version(s) to include an obligation to recover and preserve such version(s) which are now in the possession of a third party.

 

In accordance with CPR 31.15© I undertake to be responsible for your reasonable copying costs incurred in complying with this CPR 31.14 request.

 

If you require more time in which to comply with this request you must tell me in writing. You must tell me before the time for compliance with this request has expired. In telling me you require more time you must tell me what steps you have taken and propose to take in order to comply with this request and also state a date by when you will comply with this request. In addition your statement must be accompanied with a statement that you agree to an extension of the time for me to file my defence. Your extension of time must be not less than 14 days from the date when you say you will have complied with my request and you must state the new date for filing my defence.

 

If you are unable to comply with this request and believe that you will never be able to comply with this request you must tell me in writing.

 

Please note that if you should fail to comply with this request, fail to request more time or fail to agree to an extension of time for the filing of my defence, I will make an application to the court for an order that the proceedings be struck out or stayed for non-compliance and a summary costs order.

 

I do hope this will not be necessary and look forward to hearing from you.

 

yours faithfully

[fairbyblue]

They have 28 days to proceed if not its stayed.

 

Werite to Restons under CPR 31.14 requiring production of the agreement as it is mentioned in the particulars of claim. They have to provide it within 7 days of receipt of your letter.

 

MBNA have a problem locating agreements readily

 

If they get judgment and you keep up with monthly payments then they can't get charging order.

 

Hi, thanks for advice, CCA and CPR sent to Restons on 1/12/08 and CCA and SAR to MBNA a few days later.

 

So it doesnt look like Restons are going to produce it as its well out of time now.

[fairbyblue]

So what happens now.

 

Defence filed (embarrased defence) and processed by court on 29/12/08 and sent to Restons and i recieved a letter from court to state that.

 

I had rewritten to them with a copy of defence at same time amd a further CPR.

 

ive heard nothing.

Do they have a time limit to respond?

Is it stayed and what does that actually mean.

Or do the court throw out the claim,

 

or do i just wait until Reston bother to get thior act together?

cheers

[tiokim]

It is 33 days including service not just 28. The bulk centre is 15 days late in processing information at moment. So if Restons reply to your defence was made within that period of 33 days and is just waiting in the backlog of work, the stay would not be effective. The next thing you should hear is from your local court with an allocation questionnaire

[fairbyblue]

Thanks for that, so it could be upto 3 weeks away, what exactly is a stay? cheers

[decker]

So what happens now. Defence filed (embarrased defence) and processed by court on 29/12/08 and sent to Restons and i recieved a letter from court to state that. I had rewritten to them with a copy of defence at same time amd a further CPR. So ive basically heard nothing. Do they have a time limit to respond?

Is it stayed and what does that actually mean.

Or do the court throw out the claim, or do i just wait until Reston bother to get theor act together?

cheers

 

Hi

 

Restons have 14 days to respond to a CPR. Failure to respond you should put forward an application to strike/stay. Make sure that you pay the fee and get the case transferred to your local court. I would also issue a counterclaim if no agreement is presented or more than likely unreadable.

 

This lot not interested in negotiation they are ultimately after a charging order. If you had a payment plan in place don't worry too much court will look upon this action very poorly.

[supasnooper]

Hi Fairby,

 

I would have a read of the various threads featuring Restons to get an idea of what you will be dealing with.

 

Have a look at my thread and then check out the links in it to car2503's thread and robcags thread as well.

 

http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/160395-restons-court-action.html

 

There are plenty of other threads as well - try to read them if you can as you will then understand their modus operandi.

Do NOT let them unsettle you as they will make a few threats along the way.

[tiokim]

Hi Fairbyblue,

 

Any news with your case?

 

I am in an identical position

just 2 weeks ahead of you.

 

I have now received a letter from Restons offering an amicable settlement if I agree with a charge on my property (fat chance:p).

 

They are aware that my defence comes from this forum (Nothing unlawful about that, but shows that they patrol this site

 

It is also clear that they will not continued with my case just yet (must be a new strategy) and a stay has been placed on the claim. I am working on my response now.

[DuffNCustard]

Mr Duff is currently on a war footing with Restons (HFC backed credit cards

 

I can't post up too much as I know that they sniff around this site an his cases are proceeding very well so far (touch wood

 

Carefully consider that 'amicable offer' and guage in what circumstances it might be acceptable

- eg if the written and signed agreement states they will not seek a forced sale (legal wording stuff)

- ask yourself is it possible a court would award a CO to them.

 

Think of other things like no interest,

write off some of the debt.

Keep it formal ,

reasonable and in writing.

 

If it does get to court you want to show the Judge that you have bent over backwards to be reasonable

- the court expects this

- we know!

 

Restons must be losing money hand-over fist

Keep challenging

- test everything they claim.

[fairbyblue]

hi, still not heard anything yet. just waiting for the letter for whats next. cheers

[angel_1]

yes we all know they patrol the site, guess its their way of updating their knowledge and saves their company any training issues

 

but the law is the law and so be it,,,,

 

yes perhaps depending on the amount involved maybe have a chat with a solicitor who may write that letter of acceptance for you with ie remove any defaults, that you dont get chased again and that its now fully satisfied and your claim and credit file will show satisfied,

 

shows the judge you have given them an opportunity to resolve,

 

it may be worth the solicitor also writing out the cheque on the basis of your terms and not theirs,,,,if they did in the future come back, being sneaky, all you have to do is involve that solicitor again for his evidence

 

just thinking outside the box and well you will soon see if the offer is genuine or not wink wink

 

laters and good luck angel x

[fairbyblue]

Received letter today from Restons dated feb 10th which is a little upsetting notwithstanding they are late with responding.

 

Filed my defence to court saying I've received nothing from restons to base my defence.

 

got a file of all credit card statements,

an photocopied unsigned agreement but with a tick in a box saying that is accepted as my signature !!! and photocopied terms and conditions.

 

If they had bother to check there files they can see I'm still paying the agreed £12 per month direct to MBNA.

 

I find the letter quite threatening.

 

What shall I do? Please help. Cheers

 

[supasnooper]

Hi fairby,

 

The agreement that they've sent would indicate that this account was applied for online on 30/11/05.

 

Do you remember doing this ?