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

[lexis200]

 

My boys have both just asked me what the matter was after I had a little chuckle at that:D

[Dinkjames]

Fingers crossed for tomorrow. Hope it goes exceedingly well for you.

 

I am still at early stages with MBNA.

[diddydicky]

The dodgy agreement is the first line of defence

 

the second DN after termination is dodgy in itself so you need all the evidence to prove that this is dodgy (just in case they overcome the matter of not regarding the termination as valid)

 

the matter of the termination i feel should be thoroughly prepared for as i think you are going to have to show that you accepted an unlawful termination (repudiation) and refer to contract law rather than cca regulations to get your acceptance of the repudiation accepted

 

IMO

[diddydicky]

this might be of help

 

Repudiation and retraction

 

When such an event occurs, the performing party to the contract is excused from having to fulfill his or her obligations. However, the repudiation can be retracted by the promising party so long as there has been no material change in the position of the performing party in the interim. A retraction of the repudiation restores the performer's obligation to perform on the contract.

If the promising party's repudiation makes it impossible to fulfill its promise, then retraction is not possible and no act by the promising party can restore the performing party's obligations under the contract. For example, if A promises to give B a unique sculpture in exchange for B painting A's house, but A then sells the sculpture to C before B begins the job, this act by A constitutes an anticipatory repudiation which excuses B from performing. Once the sculpture has left A's possession, there is no way that A can fulfill the promise to give the sculpture to B.

The question arises as to why any party would want to provide notice of anticipatory breach. The reason is that once the performing party is informed of the anticipatory breach, a duty is then created for the performing party to mitigate damages as a result of the breach. Another situation where anticipatory repudiation can occur is where a party has reason to believe the other party is not going to perform and requests reasonable assurances that the other party will perform (see UCC 2-609(1)). If such reasonable assurances are not given, it will constitute anticipatory repudiation, for which the performing party has various remedies, including termination. However, anticipatory repudiation only applies to a bilateral executory contract with non-performed duties on both sides. Additionally, the repudiation must be unequivocal.

[underdog13]

Best of luck for tomorrow, FB:)

 

If Restons are so confident of a win, why are they so anxious to negotiate now?

[diddydicky]

maybe just to show the judge that they did their best to resolve out of court otherwise they might get a kicking from the judge

[pompeyfaith]

You will note in your terms and conditions par 10 that the Bank has the right to contractually terminate the agreement at any time - if it does so you are liable to repay the outstanding balance. In other words the Bank does not have to serve a default notice which is only required if the Bank wants to bring the agreement to an end because of a failure to pay arrears or some other breach.

Paragraph 10 allows the Bank to terminate the agreement for any reason i.e. not a reason based on a breach of the agreement.

In other words the Bank does not have to rely on the default notice.

The Bank will prepared to settle amicably by agreeing a total figure which is less than the balance but cannot accept what has been offered thus far.

 

HEHE HAHA HEHE Sorry im avin a laugh ere its amusing if nothing else i though the whole reason for signing an agreement is that they will accept repayment by way of monthly installments.

 

It seems they want the cake and to eat it.

 

PF

[empowered]

Good luck FB - get a good nights sleep;)

[fairbyblue]

Just having a final re read and printing off all the points to raise with them.

 

If they dont proceed is that it? finito?

[atwozee]

All the best for tomorrow FB

[fairbyblue]

Is it right a LIP gets £9.25 per hour cos with 3 hearings,travelling time and 14 letters @ £12 each and 50hours preparation its upto £741.75 costs. (They wont pay that surely if it goes my way)

[bazaar]

Is it right a LIP gets £9.25 per hour cos with 3 hearings,travelling time and 14 letters @ £12 each and 50hours preparation its upto £741.75 costs. (They wont pay that surely if it goes my way)

 

Why not? theyd certainly try to get you for the same

[pompeyfaith]

And a whole load more bazaar im glad i did not have to pay costs as it was 10 times that figure.

 

FBB i really do know how you are feeling right now, so get a good nights sleep and block it out until the morning oh and believe me when i say it really is not as bad as you would think i can honestly say i enjoyed my time at court.

 

Finally i wish you all the luck.

 

Regards

 

PF

[fairbyblue]

Help !!!!!!!!!!!!!!!!!!!!

 

Restons have emailed me a new statement !!!!! and another little email at the same time

 

at 19.46hrs

 

We enclose by way of service witness statement which we will ask

permission to rely on tomorrow.

Section 87 of the CCA states that a default notice is required where the

creditor wishes to terminate the agreement and claim the amount owed "by

reason of nay breach by the debtor...."

You will be aware that clause 10 of the Bank's terms and conditions

allows our client to terminate the agreement at any time and can do so

without having to demonstrate that you have breached any terms of the

agreement. It can terminate the agreement without serving a default

notice - which means that any alleged defect with the default notice is

irrelevant as it was not needed in the first place as our client will

rely on its contractual right to terminate the agreement. Your amended

defence states that the agreement is terminated.

 

and

a separate one

 

without my name on or anything like that

 

Without Prejudice

 

Hearing tomorrow

Our client is still prepared to reach amicable and sensible terms of settlement .

 

and here is statemnt from Emma Griffiths dunno who she is.

 

notice they not dated !!!

 

also in para 3 she states that these were used in 2006, i took my card out in 2005.

 

 

 

I've typed the rest as its difficult to scan as they sent it in PDF form.

 

4. I accept that the credit agreement in the present claim was executed in November 2005 but can confirm from my own knowledge of working within the bank that the right retained in para 11 has been a standard clause of the banks terms and conditions in credit agreements issued by the claimant well before 2005

 

5. As explained in witness statemnt signed by Dianne Powell on 29 April 2009 the default notice exhibited in her witness statemnt is a recreated copy from the claimants computer system. The version recieved by the defendent would of contained the full details of the claimant - including name and address.

 

 

 

 

I dont want all this at this late stage. Help

Edited August 6, 2009 by fairbyblue

[bazaar]

I would think you can object to this new statement, why does ole Diane not want to turn up? Maybe she doesnt want to perjure herself.

 

You can always say, you received this e-mail so late that there was no time to respond and the other side appear to be abusing the process by submitting new evidence well after Court orders.

 

That WS is not clear, what is on it?

[bazaar]

Also, is there a clause 10 on the original agreement?? If not, then its just Bouffont trying to harrass you.

[banker_rhymes_with]

I don't think MBNA has really thought this through. If they really want to say their nasty Credit Cards are repayable on demand...great!

 

Let the whole blurdy world know that, and then see how many people will want to keep their nasty Cards, let alone sign up for a new one.

 

I can feel a new satirical MBNA Credit Card advert coming, sung in the style of Jonny Cash...

 

Monday: woke up, got outta bed, applied me for a dang new MBNA Card! Gotta be outta my head!

Chorus: kick the habit, drop the poo, I'd never have an MBNA card if I were you!

Tuesday: Lordy, lordy, fook me, but that darn new MBNA Card arrived, what could I do!

Chorus: kick the habit, drop the poo, I'd never have an MBNA card if I were you!

Wednesday: rode right into town, and used me MBNA Card to buy me a rocking hot £5k sofa in a nice shade of black!

Chorus: kick the habit, drop the poo, I'd never have an MBNA card if I were you!

 

Thursday: hot damn, I got the blues, when MBNA broke the news about Clause 10 and the £5k I now gotta pay!

Chorus: kick the habit, drop the poo, I'd never have an MBNA card if I were you!

 

Friday: found myself in the poo sitting on a £5k black sofa as black as my mood, cos I just don't own the varmit!

Chorus: kick the habit, drop the poo, I'd never have an MBNA card if I were you!

Saturday: I'm a happy buckaroo, broke the news to MBNA their crap-darn Card and satan Sofa are both in the Skiparoo outside...come and get'em boys!

Chorus: kick the habit, drop the poo, I'd never have an MBNA card if I were you!

Sunday: payback time, I sank some suds in the pub, and sang me this song to 230,235* CAG cowpokes who all swore on Jesus H they'll never, I say never have an MBNA card in their goddam lives!

Chorus (one last time): kick the habit, drop the poo, I'd never have an MBNA card if I were you!

*CAG members as of 20:13 on 06/08/2009!

 

Spread the word folks, MBNA Cards are repayable on demand! Drop them like hot cakes!

 

The end of Credit Cards is on the cards, owing to a winning combination of banker arrogance, and being unable to see further than the end of their stupidity.

 

Who in their right mind wants a repayable on demand Credit Card? Answers on a very small post card please.

 

Cheers,

BRW

[banker_rhymes_with]

Hello FB!

 

I don't want all this at this late stage. Help

 

They are desperate.

 

Ask yourself why are they going to all of this trouble if they are so cock-sure of themselves!

 

Remember what I said about the default issue, and why s76 and s98 are not available to them. This is a Regulated Agreement, so if they are denied the above Sections via s76(6) and s98(6), that leaves them with s87/s88 and back to the old Default Notice chestnut.

 

Now is the time to hold your nerve, and stick to your guns.

 

Walk into Court, give them hell (while humming a little tune to yourself, see above)!

 

Cheers,

BRW

[bazaar]

OK dont panic FB

Found this, They would need a very good reason to file a late WS. Read through this link. It wont let me cut n paste. But you must object very strongly and quote the case that stops them trying this dirty little trick.

Civil litigation - Google Books

[bazaar]

And this, ..Written witness statements - Court Stage - Enforcement Guide (England & Wales)

 

UP YOURS BOUFFONT YOU COMPLETE AND UTTER edit

Edited August 6, 2009 by slick132
insult removed - serves no useful purpose

[fairbyblue]

Hello FB!

 

 

 

They are desperate.

 

Ask yourself why are they going to all of this trouble if they are so cock-sure of themselves!

 

Remember what I said about the default issue, and why s76 and s98 are not available to them. This is a Regulated Agreement, so if they are denied the above Sections via s76(6) and s98(6), that leaves them with s87/s88 and back to the old Default Notice chestnut.

 

Now is the time to hold your nerve, and stick to your guns.

 

Walk into Court, give them hell (while humming a little tune to yourself, see above)!

 

Cheers,

BRW

 

I will type out page 2 of her statement recieved tonight

 

4. I accept that the credit agreement in the present claim was executed in November 2005 but can confirm from my own knowledge of working within the bank that the right retained in para 11 has been a standard clause of the banks terms and conditions in credit agreements issued by the claimant well before 2005

 

5. As explained in witness statemnt signed by Dianne Powell on 29 April 2009 the default notice exhibited in her witness statemnt is a recreated copy from the claimants computer system. The version recieved by the defendent would of contained the full details of the claimant - including name and address.

 

Funny thing is that then throws the rest of the terms out on the CCA that they have served.

 

How can she say that? and its all hearsay with no proof.

[fairbyblue]

Also, is there a clause 10 on the original agreement?? If not, then its just Bouffont trying to harrass you.

 

no it only goes up to 3B.

[bazaar]

Right FB, Ive put an alert out, hopefully a big gun can clear this up with a suitable phrase you can say tomorrow

[banker_rhymes_with]

Hello FB!

 

How can she say that? and its all hearsay with no proof.

 

They seem to be overlooking the Civil Evidence Act 1995.

 

They are also firing sparks at you the night before Court.

 

Why?

 

Cheers,

BRW

[fairbyblue]

Cheers. They must be on a sticky wicket, sending emails at 1946hrs the day before. witness statements should of been exchanged by 24/7/09. By the way this one isnt dated.