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

[supasnooper]

and can they then force house sale? even if i make payments? cos thats what im worried about:(

 

 

In theory, yes they could force a sale but it would need to be allowed by a judge.

In todays economic climate, judges have been advised to help those who may face the risk of this happening, and would therefore set an order that the claimant could not sell the property.

 

At the moment you are nowhere near that scenario. Let's concentrate on the defence for now

 

 

Ok, just printed off the agreement paperwork and none of it fits back to front properly.

 

If the account number is unrecognisable or not yours; and you can prove this (produce a statement with what you believe is your account number) then how can the agreement relate to you ? A cut and paste job possibly by MBNA ? - they have allegedly done this before.

 

Also, do some research into bazaars sugestion of IP addresses and IP locations.

 

There are a few more things I need to look at but will get back later

[supasnooper]

Thanks everyone for the help and encouragemnt. The CCA they sent me defo just looks like its been cobbled together. and that number on the top doesnt even come close to mine !!!! cheers

 

 

A Brilliant find.

 

Hope that's just the start of what else we can uncover.

[supasnooper]

Fairby,

 

CAn you take a close look at the page which has the unrecognised account number.

 

Inspect the area where the account number has been positioned.

 

Is there a shade or shadow around the area of the a\c number ?

 

Is the font\text type of the account number the same as the rest of the document ?

 

Does the position of text of the number seem to be incorrect in relation to the document ?

Use a good engineers steel ruler to ascertain this or if you have Adobe photoshop measure the text size and position in relation to the bulk of the document.

[supasnooper]

Hi Fairby,

 

I've not seen many online agreements, so I wouldn't consider myself a good judge of an original agreement. You may have to wait for someone who has that knowledge to offer an opinion on it's validty.

 

I would have thought though that the same font would have to be used throughout the document and of a scale that is relative to the rest of the text.

 

Having looked at the 1st page of the scan again; the document does appear to be of rather odd construction. especially where the account number and your personal details are placed.

 

 

I think you'll have no problems explaining the serious misgivings in the document that Restons have produced for a CCA to dismiss the Summary Judgment application.

 

Maybe worth a search through the forum for a valid online agreement for you to compare ?

[supasnooper]

Hi fb,

 

Keep going....

 

I am of the same opinion as robcag that you have restons on the back foot and they are trying muddy the waters.

 

Lets hope the judge sees it the same way.

 

Good luck.

[supasnooper]

Hi FB,

 

Well done on today.

 

It will be interesting to see if Restons do proceed.

 

Sounds like your judge had the measure of Restons representative as well.

[supasnooper]

Hi FB,

 

Your judge has really got it in for Restons - looks like they are going to be well and truly stuffed.

 

It will be very interesting to see how they try to wriggle out of this one.

[supasnooper]

the judge just stopped short to say as in your draft order: the original document must be brought to the hearing. wonder why???

 

 

I'm sure FB will remind the judge of CPR16.7(3).................if it gets back to court.

[supasnooper]

Let the court know as soon as possible after 4.00 pm that Restons have failed to comply.

Adds another black mark against Restons.

 

Good luck.

[supasnooper]

Excellent news, well worth sending the letter as CCM suggested.

 

Good Luck.

[supasnooper]

Hi fb,

 

I would read point 3 as that you have the facility to submit an amended defence if they had served the relevant documents and consequently you needed to revise your defence.

 

They haven't done so, which means no amended defence to submit.

 

That's how I read it anyway.

 

I'll bet the next 7 days won't go quick enough ?

[supasnooper]

The annoying thing is how many chances the Courts give them to get it right.

 

An extra two weeks is just a joke, file your defence one day late on Moneyclaim and you're stuffed with a default CCJ.

 

The waiting game continues but at least it's an unless order that's been issued.

[supasnooper]

Duplicate info as posted by VS.

 

Edited May 1, 2009 by supasnooper
duplicate info

[supasnooper]

Hi FB,

 

Have a look through the data that was supplied from your SAR.

 

It should list all the fiancial details of your account in the "comms log" they should have included.

 

It should state when any documents were produced including when the DN's were sent, any statements produced for Sols and also when they charged off the account.

 

Further, it should tell you when they swapped the account numbers.

 

If you haven't got a copy of this, give MBNA 7 days to produce or haul there backsides to court for non-compliance of the SAR by not producing manual intervention data.

[supasnooper]

I'd definitely give MBNA a 7 day LBA to provide.

 

The "comms log" is a powerful bit of data - it lists the lot on the account.

 

How come JS Bouchier has a copy and you haven't ? One more point to mention to the DJ

[supasnooper]

Hi fb, get this off ASAP as I note your court date is fast approaching -

 

Your name

Your Address

 

Your Town

 

 

Your County

 

 

Your Postcode

 

 

 

Date 2009

 

 

The Company Secretary

The Creditor

Creditors address

Creditors Town

Creditors county

Creditors postcode

 

 

 

 

LETTER BEFORE ACTION

Section 7(1) – Data Protection Act 1998

 

 

 

 

Account: XXXXXXXXXXXX

 

 

 

 

 

Dear Sir / Madam,

 

 

You have failed to comply with my Data Protection Act Subject Access Request dated xxth xxxxxxxxxx 2009.

 

 

I will remind you as to what documents I expect.

 

The following is by no means an exhaustive list but in the main this is what I require.

 

 

Please supply me with a complete list of transactions and charges relating to ALL accounting history with your organisation. Alternatively, a complete set of statements for that period will be acceptable.

 

 

Additionally, all records you hold on me relevant to this account, including but not limited to:

 

 

1. A transcript of all transactions, including charges, fees, interest, repayments and payments and both the original amount of the loan and any repayments made to the account.

 

2. Transcriptions of all telephone conversations recorded and any notes made in relation to telephone conversations by your company

 

3. Where there has been any event in my accounts history over this period which has required manual intervention by any person, I require disclosure of any indication or notes which have either caused or resulted in that manual intervention, or other evidence of that manual intervention in relation to my account. If you are unable to supply this data because there has been no such manual intervention, then please be so kind as to confirm this in your response

 

4. True copies of any notice of assignment and/or default notice or enforcement notices that you may have sent to me, with a copy of any proof of postage that you hold.

 

5. Documents relating to any insurance added to the account, including the insurance contract and terms and conditions, date it was added and deleted.

 

 

6. Details of any collection charge added to the account; specifically, the date it was levied, the amount of the charge, a detailed financial breakdown of how the charge was calculated, and what the charge covers.

 

7. Specific details of the fees/charges levied by any other agency in respect of this account and a detailed breakdown of said fees/charges and what each charge relates to and on what date said fees/charges were levied.

 

8. A genuine copy of any deed of assignment, or proof that you have a legal right to this money.

 

9. A genuine copy of any notice of fair use of my data as required by the Data Protection Act 1998

 

10. A list of third party agencies to whom you have disclosed my personal data and a summary of the nature of the information you have disclosed.

 

11. A copy of all account statements for the duration of the agreement.

 

12. Please would you also advise me of the logic involved in any automated decisions taken by you about me pursuant to section 7(1) (d) of the Data Protection Act 1998.

 

13. A True copy of the consumer credit agreement section 77-79 of the Consumer Credit Act of 1974 for the account.

 

14. The "Comms log" relating to this account. (16 pages)

15. Any Other information relating to this account.

 

 

 

If you do not comply within the next 7 days I shall seek a Court order obliging you to do so together with damages at the discretion of the Court and without any further notice.

 

 

 

 

 

 

Yours Faithfully,

 

 

 

 

Print your name here

 

 

 

As to scoring a cheap point in court, ask the judge how JSB is using docs that you don't have in your possession ?

Edited May 5, 2009 by supasnooper
added stuff

[supasnooper]

In my opinion, the charge off is the termination.

 

As MBNA can reclaim tax back on the accounts, they would have to record the end of the life of the account for Inland Revenue purposes.

[supasnooper]

Did MBNA fully comply with your SAR ?

 

Don't forget to ask the Judge about Restons using unsubmitted documents i.e the comms log - should get them a smack on the wrist.

[supasnooper]

Have you got the same judge as last time ?

[supasnooper]

Brilliant. I love a happy ending.

 

Well done on giving Restons a good going over.

 

Did you get costs for this hearing ?

[supasnooper]

A Default Notice posted Mon 27/10 by 1st class post would be deemed served on Wed 29/10 and would allow 14 days.

 

 

A Default Notice posted Mon 27/10 by 2nd class post would be deemed served on Fri 31/10 and would only allow 12 days.

 

 

The period of 14 days for a Default Notice is calendar days and disregards weekends and Bank Holidays.

 

However, if a default notice is dated on a Saturday, Sunday or a Bank Holiday; then the date of postage would be deemed the next working day.

 

Use JR Bickford-Smith and CPR6 for deemed dates of service.

[supasnooper]

I would make yours 14 days.

[supasnooper]

The second DN does not contain the name and a postal address of the creditor or owner as required under Consumer Credit Enforcement Default and Termination Notices & Regulations 1983. Scedule 1 s2.

[supasnooper]

No they can't add s69 interest. Here's why -

 

S69 interest is interest which is added to the principal sum under the County Courts Act 1984 S69

 

Why arent they entitled to it? because its a regulated agreement regulated by the Consumer Credit Act 1974 and the County Courts (Interest on Judgment Debts) Order 1991 (No. 1184 (L. 12)) section 2(3) states they are not entitled to it!!

The County Courts (Interest on Judgment Debts) Order 1991 (No. 1184 (L. 12))

The general rule

2. —

(3) Interest shall not be payable under this Order where the relevant judgment—

(a) is given in proceedings to recover money due under an agreement regulated by the Consumer Credit Act 1974 ;

[supasnooper]

Thanks for that. When shall I throw that bombshell in? Do you get the impression that they know nothing !!!.

 

 

 

When everything else has failed

 

 

You should have enough with the defective DN's to get you through.