mbna / restons defence for ccj help needed

[underdog13]

Zara, was the amount quoted on your DN correct? MBNA usually have a shed load of unfair charges by the time they get round to issuing a DN.

[bazaar]

IMHO, you should appeal, You need to kick that barrister up the Ar*e, he/should be doing the next job for free, otherwise name and shame him, just in case someone else is unfortunate enough to end up with him.

I beg to question why he even took on a case like this anyway, why he didnt question the amounts claimed etc.

I take it you asked for full statements etc.?

I'm sure with a little more work on your part you could have achieved a better result on your own. Unfortunately there are some duffers out there, but if your arguments are water tight, and they go against you, then the only answer is to appeal the judges decision.

[zara35]

thanks guys for all your advice.....

 

i am of the same opinion regards paying for a barrister......i knew it would be my down fall but i felt so unconfident.

 

I shall be seeking to get someone on a no win no fee basis......I do feel that an injustice has been done and i will be checking on the DN thing that since they have terminated they cant reissue a correct one.

 

Will keep you all informed

[diddydicky]

thanks guys for all your advice.....

 

i am of the same opinion regards paying for a barrister......i knew it would be my down fall but i felt so unconfident.

 

I shall be seeking to get someone on a no win no fee basis......I do feel that an injustice has been done and i will be checking on the DN thing that since they have terminated they cant reissue a correct one.

 

Will keep you all informed

 

dont know where you are but are there not buddies near you?

 

i have volunteered but i am in kent

[zara35]

thankyou but i didnt get that much help and I put the case together based on a lot of research on other threads....so i didnt have too much confidence

[diddydicky]

but you had a go!!

[angmarie]

Zara

 

I think you are incredibily brave, to have had that outcome (unfair as it is) and go back at them with an appeal, good luck to you and I sincerely hope it all works out for you this time. I wont be feeling very brave if and when im put in that position and would probably be tempted to instruct a solicitor myself but I wont need to:

DD you got the job .

 

I will watch this thread with interest.

 

Ang

[diddydicky]

well i signed the thingymijig on the forum to say i would but no one has ever asked yet. !!

[zara35]

hi all.

 

I have decided not to appeal on the advice of another Barrister. She did say I should have won but advised that if i lost on appeal I would be liable to larger costs on both sides and its just not worth the risks.

 

i have some more so I will just battle on with them and a bank charges case which is on hold.

 

Thankyou to all who advised and helped.

[deckermbnahater]

Hi

 

You may of run out of time for an appeal but if the agreement is totally unenforceable and cannot be enforced by a court because the judge would be acting ultra vires outside his powers set out by the CCA 1974 you can make a miscarriage of justice application to your local court cost will be 150.

 

Take it further it will not cost you that much more than the charges that Restons have applied. If you get a solicitor it will cost approximately one thousand extra.

 

Restons rely on people rolling over, not having the knowledge to fight back.

 

Remember it is restons case and the burden of proof is on them and a judge should be ashamhed of himself that he feel for Restons usual tactics. Judges do not know the issues and really do not care.

 

I would recommend that any defence to restons states that I refuse to plead because I have no knowledge of them and at the same time point out to the court that they have refused to present a valid CCA and cannot confirm it was signed by me. The grape about the 7 days and receiving own copy is a load of rubbish.

 

Remember solicitors have less ethics than a prostitute. They lie in court and twist everything to their clients advantage unfortunately judges just swallow it because they have another 20 cases to hear on that day and usually know less about the law than you. So the old professional network kicks in.

Edited September 6, 2009 by deckermbnahater

[UK26]

I feel like giving up fighting, we never win, the judges are always on the DCA Side

 

 

miscarriage of justice application? really how does this work

[bazaar]

Hi Uk26 If you give up then the DCA's win, the Judges just need educating sometimes.

Good to see you back after so long

[citizenB]

This thread, started in 2007 has now been updated and makes excellent reading for MBNA victims

 

http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/120057-cabot-test-case.html

 

HTH

[GeoffreyAlby]

Hello CB!

 

I think the CPR they were referring to is this:

 

PART 6 - SERVICE OF DOCUMENTS - Ministry of Justice

 

IMHO, that is not applicable in any event, as it's to do with Service of Court related documents. That doesn't even mention 2nd Class, for example.

 

I think this is wholly to do with Claim Forms and all the related correspondence that is sent in relation to a Claim.

 

Note the first bit:

 

 

 

I take that to mean this area of CPR applies, unless something else already applies, such as The Interpretation Act 1978 and The Queens Bench Practice Direction 1985 that clarified the Interpretation Act 1978 to cover 1st Class (+2 Working Days) and 2nd Class Postage (+4 Working Days).

 

The CPR is not the correct reference, because applicable enactments and practice directions already apply when it comes to general documentation and notices that are not, in themselves, directly part of a Claim at the time they were sent.

 

Cheers,

BRW

 

 

 

As you say this CPR doesnt seem relevant, but just a note even if it was, Deemed Service 6.14 still says 2nd business day after sending.

 

 

PART 6 - SERVICE OF DOCUMENTS - Ministry of Justice