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

[fairbyblue]

so do i have a good case. they have never mentioned the first one. They have confirmed it is terminated and the second one looks nothing like the first. Whats more they have failed to comply with CPR and SAR so have MBNA so i cant prove that there is an agreement in place.

Plus the Clause 3 to clause 8 has changed.

What about the faking of documents on there part. is that not an offence by them.

I still need help as Im going to court soon and i want to put a good argument to the judge.

Thanks for all your help so far.

Edited March 8, 2009 by fairbyblue

[creditcardmug]

So whats in the courts order?, do you have to prepare a witness statement? for instance

[fairbyblue]

.

So whats in the courts order?, do you have to prepare a witness statement? for instance

 

THey are applying for summary judgement and court date is 20/3/09.

 

So I am going and defending the application for summary judgement. (see post 183) ,however i dont know how nor the case law relating to the DN and the faked 2nd DN

 

Do you have ant info that they should only serve one DN and even that first one was not served correctly in prescribed terms ie the dates are wrong

[fairbyblue]

they are claiming the whole amount on POC but on 2nd DN the amount to rectify is shown £1601. THe balance was on the first DN £11262 but removed on the 2nd.

Does that mean anything? They confirm that account terminated in post 186

[atwozee]

excellent the 1st DN as you say does not give you 14 days to remedy, so was incorrectly served, they can only issue one DN

 

Whats more you have proof that restons are trying to pass off a fake DN, as being a copy of the original:D

 

Just to make matters worse for themselves they have confirmed the account was terminated following your failure to remedy, so,

 

1 only the first one counts

2 confirmation of termination

 

So they couldn't (if they had a mind to) submit that the later one was valid

 

CCM is correct - they cannot argue against their own argument – the original DN states that the agreement will be terminated therefore the second DN is irrelevant – the original DN is flawed due to not allowing you the statutory period for remedying any breach stated in the DN – the statement is also inaccurate if there isn’t a clause 3 in the alleged agreement and this adds to the invalidity of the DN.

You will need to respond by a witness statement I think and in the witness statement you need to request the claim be struck out – hopefully someone can help you draft the witness statement.

[fairbyblue]

You will need to respond by a witness statement I think and in the witness statement you need to request the claim be struck out – hopefully someone can help you draft the witness statement.

 

Do i prepare that for the hearing on 20/3/09 when they are going for summary judgement? Would I have to serve notice on them about my intention?

If it is struck out is that it or do they just alter it and redo the claim.

Thanks for the info.

[creditcardmug]

I dont know the procedure either when it comes to SJs, that's why i asked above, what does it say in the order?...or click the red triangle to alert a site team member

[fairbyblue]

I dont know the procedure either when it comes to SJs, that's why i asked above, what does it say in the order?...or click the red triangle to alert a site team member

 

Thanks anyway, appreciate all your help. if i click on red triangle it says this is only for rpeorting spam or fighting. is it ok to do that

[atwozee]

Yes you can ask for specific help – you can also phone the court and ask whether you should put in a witness statement to counter the summary judgment.

[fairbyblue]

I dont know the procedure either when it comes to SJs, that's why i asked above, what does it say in the order?...or click the red triangle to alert a site team member

 

Its in post 182 and the application form in section 3 under CPR 24

 

Cheers

[creditcardmug]

Yes its no problem clicking the red triangle, all it does is bring the post to the attention of the site team, for whatever reason

[fairbyblue]

ok ive done it, heres hoping. I must have a good case or am i clutching at straws?

If claim is struck out is that it and they cant get me for the dosh?

[creditcardmug]

If it gets struck out, its EXTREMELY difficult for them to resurrect it....they would have to get the courts permission, and you of course would object!

[AA99]

Just found your thread and wanted to wish you the best of luck, FB:)

 

Same goes for me Fairbyblue Mine's been sold to Apex

[robcag]

.

 

THey are applying for summary judgement and court date is 20/3/09.

 

So I am going and defending the application for summary judgement. (see post 183) ,however i dont know how nor the case law relating to the DN and the faked 2nd DN

 

Do you have ant info that they should only serve one DN and even that first one was not served correctly in prescribed terms ie the dates are wrong

 

Hi fairbyblue

 

It amazes me that Restons (and other similar scumbags) continue to use the same cr@p arguments when they know full well they are in the wrong.

 

They tried exactly the same thing with me before they had to give up (discontinued at the last minute) after I used the invalid DN angle in my defence (noticed by and defence provided by pt2537). They also tried to seek permission from the court for time to re-issue the DN and re-start the proceedings from that point on.

 

Have a read of letters 1 and 2 at this post, in which they actually admitted they could not win as matters stood because of the invalid DN (less than 14 clear days allowed, as in your case).

 

http://www.consumeractiongroup.co.uk/forum/dca-legal-successes/124572-hfc-no-agreement-amended-14.html#post1527558

 

As things stand, if you stick to your guns and submit the right arguments you have the same chance of beating the barstewards that I had!

 

Cheers

Rob

Edited March 9, 2009 by robcag
punctuation

[citizenB]

with details blanked

 

 

When is this in court ?. Note, it says at the bottom of the claim form that Witness statement is to be served on Restons 7 days before the trial.

[fairbyblue]

Its in on the 20/3/09, I only the notice on application on friday 6/3/09. They dont give you much time. I need to get witness done and sent to restons and the court. Any help is much appreciated.

[steven4064]

FB

 

I am a bit confused. The normal procedure is:

 

1. Claimant files claim in court

2. Claim is served on the defendant

3. Defendant files and serves defence

4. Clamant and defendant submit AQs (possibly with draft order for directions ,eg further information, strike out)

5. Court allocates case to track and sets date

 

Where are you in this process?

[fairbyblue]

FB

 

I am a bit confused. The normal procedure is:

 

1. Claimant files claim in court

2. Claim is served on the defendant

3. Defendant files and serves defence

4. Clamant and defendant submit AQs (possibly with draft order for directions ,eg further information, strike out)

5. Court allocates case to track and sets date

 

Where are you in this process?

 

I sent in the AQ last week, that had to be returned by the 9/3/09 to the court. with draft order asking for docs that they rely on and strike out if they dont. (As per post 155,156 and 157.) That was sent in on 4/3/09. On 6/3/09 I recieved the notice of application of hearing asking for summary judgement and that if i rely on written statemnts to submit it to Restons by at least 7 days before court date.Restons had applied on 2/3/09 thus preemptimg me submitting my AQ.

Please help as I dont want to lose, they are charging on and dont seem to care about dates and i feel seriously disadvantaged.

Edited March 10, 2009 by fairbyblue

[citizenB]

Did you receive the above notice of application from the court or direct from Restons ?

 

 

Can someone take a closer look at the form please, I would hate to think that the OP is being scammed by Restons.

Edited March 10, 2009 by citizenB

[fairbyblue]

Did you receive the above notice of application from the court or from Restons ?

 

I notice that this has actually come from them.

 

Can someone take a closer look at the form please, I would hate to think that the OP is being scammed by Restons.

 

It came from court. Here is doc that came with it

[citizenB]

Aha, ok. In that case, you have just a couple of days to get your witness statement organised and to them by the 13th.

 

You have quite a few CAGers who are helping you sort this so you should be well ready.

[fairbyblue]

Aha, ok. In that case, you have just a couple of days to get your witness statement organised and to them by the 13th.

 

You have quite a few CAGers who are helping you sort this so you should be well ready.

 

Cheers. as its getting to squeaky bum time does anyone have a witness statement template.

The main points i want to get across is

1. The dN was incorrectly served on 18th june not giving enough time to remedy. The clause 3 refers to late charges and not repay full amount.

2. On or after 'that date ie 1/7/08/ the agreemnt will be terminated and will take court proceedings. See post 185

3. The confirmaton of the termniation

4. The 2nd default notice dated in october 2008 is not copy of original, dates are different, clause is different and amount is same but balance removed.

I need case law to show the they can only serve one DN and they confirm account terminated.

5. The DN is not copy of original sent to me i.e. the first one in june, and they are relying on a document that has been altered.

6. Restons have failed to comply with CPR 31.14, CCA and SAR.

7. MBNA have failed to comply with CCA and SAR

 

I need help to formulate it and get it down on paper so i can drop it off at Restons by 13/3/09.

 

Help

[citizenB]

Cheers. as its getting to squeaky bum time does anyone have a witness statement template.

 

The main points i want to get across is

 

1. The dN was incorrectly served on 18th june not giving enough time to remedy. The clause 3 refers to late charges and not repay full amount.

 

2. On or after 'that date ie 1/7/08/ the agreemnt will be terminated and will take court proceedings. See post 185

 

3. The confirmaton of the termniation

 

4. The 2nd default notice dated in october 2008 is not copy of original, dates are different, clause is different and amount is same but balance removed.

I need case law to show the they can only serve one DN and they confirm account terminated.

 

5. The DN is not copy of original sent to me i.e. the first one in june, and they are relying on a document that has been altered.

 

6. Restons have failed to comply with CPR 31.14, CCA and SAR.

 

7. MBNA have failed to comply with CCA and SAR

 

I need help to formulate it and get it down on paper so i can drop it off at Restons by 13/3/09.

 

Help

 

Oh fantastic, they have messed up on the clauses.

 

Pompeyfaith has the same issue with MBNA. Perhaps it might be a good idea to link him to your thread and see if he has any advice. I will go and pop a link over there for you.

 

I have popped a link to your thread for pompeyfaith and here is the link to his posts, from 567 you need to read.

http://www.consumeractiongroup.co.uk/forum/legal-issues/151709-help-57.html#post2027934

 

Robcag has also offered to share his WS with you in the following post.

Edited March 10, 2009 by citizenB

[robcag]

Hi FB

 

If you PM me your email address, I'll email you my WS, which hopefully might give you an idea or two.

 

When I was in court when Restons were applying to re-issue a correct default notice and re-commence proceedings to their suggested schedule, I verbally argued against that, stating that as the account had been terminated then that should be the end of it as they could not default and terminate something which did not exist.

 

I think I described in my account of the court appearance that the Judge seemed to consider this but she did not actually make a ruling on it. There was some discussion about that point in my thread as there has been elsewhere, but as Paul (pt2537) and others have said, if they are allowed to re-issue corrected DNs willnilly then the matter could go on forever.

 

Cheers

Rob