kthmurrell v MBNA/Restons

[Potless1]

hi i am in the same boat re reston's, i originally sent a letter to MBNA on the 21/03/09 requesting the CCA but got no reply, sent another letter on 10/04/09 requesting the CCA again but again no reply, now i have recieved Reston's letter saying they are instructed by MBNA to claim immediate payment for the outstanding credit card debt.

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they contacted me last week & i told them i am waiting on MBNA to send me the CCA which i requested on 21st march & have still not recieved it & in the meantime without it MBNA are in default & they said they would look into it & get back to me.

 

what do i do next ?

Edited May 4, 2009 by kthmurrell
double image

[Marino13]

hi there,

 

just a word of warning.These companies do read these boards, so you do not want to give anything away, as they will see all advice you receive, and will know what to expect from you...

 

although you have obscured your name and address, you have left dates, account references, exact monies owing, which together easily establish who you are.

 

Take your scans down, obscure ALL details that could link it back to you, and then they will not be able to sneak around..Post them up just to let people see the overall issue, but be as non-specific as possible..

[Potless1]

cheers, any advice on what i can & should do next ?

[supasnooper]

Hi there,

 

Now that your posts are seperated, I can offer some assistance.

 

You will need to write to Restons making them aware that the account is in dispute by sending them letter 15 -

 

The Consumer Forums - Debt collectors

 

Do not sign it and send by Recorded Delivery.

[Potless1]

just sent the following letter:

 

Dear Sirs

 

I refer to your letter of XXXXX 2008, the content of which is noted. No debt to your client is acknowledged.

 

On (date) I made a formal request to your client pursuant to s.78(1) of the Consumer Credit Act 1974. They have failed to comply within the statutory time limit, or at all. It should not be necessary to have to remind solicitors that the provisions of s.78(6) now apply.

 

In the circumstances, your/your clients threat of legal action would appear to be a breach of the Consumer Protection from Unfair Trading Regulations 2008 and the Office of Fair Trading Guidance on Debt Collection. Should you or your client bring proceedings, they will be robustly defended, and the Court's attention drawn to the above statutory breaches . Furthermore, I reserve the right to bring the conduct of your client to the Court when the issue of costs is being considered.

 

Yours faithfully

 

i'll wait & see what i get back !

[Potless1]

hi, just got a reply from Reston's (3 sheets):

 

http://i282.photobucket.com/albums/kk278/yid-old-boy/1restons15may.jpg

 

http://i282.photobucket.com/albums/kk278/yid-old-boy/2restons15may-1.jpg

 

http://i282.photobucket.com/albums/kk278/yid-old-boy/3restons15may-1-1.jpg

 

need advice on what i can & should do next as they have now come up with the CCA which has my signature on.

 

much appreciated !

[supasnooper]

What is the date on the Default Notice and what is the date for remedy?

[Potless1]

hi, the first letter requesting for the CCA was sent on 21.03.09 & then the second letter requesting the CCA giving them 14 days to meet my request or if not then it falls into default which makes that the 24.04.09.

The first contact letter i had from Reston's was dated 01.05.09 asking me to pay £11,071.96 by 15.05.09. I then sent a letter to Reston's stating that i am now in dispute with MBNA as they never fulfilled their onbligation to produce to me a copy of the CCA. Today i recieved the first letter above from Restons Solicitors saying their client was unaware of ever having received a formal request for imformation from me & enclosed a copy of the CCA & they have now given me until 26.05.09 to receive my payment proposals towards the account or they will commence legal proceedings against me.

 

 

below is a copy of the second letter & receipt of the recorded letter.

 

http://i282.photobucket.com/albums/kk278/yid-old-boy/001-1.jpg

[Docman]

Hi potless1,

 

It is important that the period for action under the Default Notice is known. What date was the Default Notice sent to you and what is the date that MBNA say you must take acton by?

[Potless1]

would this be it ?

 

http://i282.photobucket.com/albums/kk278/yid-old-boy/001-2-1.jpg

[Docman]

Yes, that's it but MBNA seem to have allowed you 14 clear days.

 

I'm not sure about the agreement though as it is too small to read. Does it have the prescribed terms and did you sign it?

[Potless1]

i've only got until tuesday, do i send them a proposal for payment ? not that it will be a lot as i am only on £62 a week jsa so its only gonna be a couple of quid & they wont suffer that so what should i do ?

[Potless1]

the agreement was signed by me & dated 27.07.05

 

it is so small i can hardly make what it say's, which part of it do i need to try & read ? someone must have a copy of this in normal size ?

[Potless1]

http://i282.photobucket.com/albums/kk278/yid-old-boy/001-3-2.jpg

 

no, i cant do anything with it to get it readable, any ideas ? im sure they sent it this small so it is unreadable !

[Docman]

The agreement should be legible but to be honest, you need to end up before a judge who knows about the CCA. It seems many judges in county courts take the line of 'if you have had the moeny, you should pay' regardless of what the law actually says.

 

I your case, I wouldn't place a lot of defence weight on a small typeface or a defective default notice. The fact that you are on JSA may persude them to accept a deal. However if you own your house and it looks like there is a large equity, they may still go to court and try to get a charging order to secure a judgement.

 

In your case, I would be thinking seriously about writing, saying and showing you are on JSA, and saying you can't pay anything at present and ask what they suggest.

[Potless1]

so basically im in a hole & the only way out is to pay which i can't so its best to write a pleading letter stating that i was made redundant 8 months ago & the money's not available & see what they suggest ?

 

should i ask for a readable CCA just in case there is a discrepency which is why they reduced the size by 50% so i could not read it or am i fighting a lost cause ?

Edited May 21, 2009 by Potless1

[Docman]

No, you are not figting a lost cause if you ask for a better copy. The CCA has to be legible. What I am saying is that sometimes judges (who may not know consumer credit law in detail) take a general approach that you owe the money and give judgment on that basis even though the law lays down certain requirements that may not have been adheeed to.

 

You can respond to Restons and ask for a beter copy and nothing else. Or you could write to explain your circumstances and hope they accept your solution. The choice you make depends on your circumstances. For example if you own your home and if so, how much is owing on the mortgage. Another issue is the amount of your other debts. If you rent or are in negative equity and owe a lot of other unsecured debt, you may feel its is not worth negotiating. On the other hand, if you own a house with plenty of equity, owe very little else and/or have job prospects that requires a good credit record, you may feel that you have to avoid a CCJ at all costs.

[Potless1]

can anyone give me a link for a budget planner ? im gonna have to show that i have nothing left at the end of each month so what do they suggest i do ?

 

would they come to a settlement figure ? i owe 11k & mbna gave me a figure of 4k to pay off the debt but at the time i could not afford it but if they took less than 4k i would try & borrow it from family just to get them off my back as its getting me down now !

[someone_else]

You can get a budget plan from the nationaldebtline - you can either download the forms or phone them and they'll send a pack out to you.

 

Though if you submit a Budget Plan to MBNA chances are you'll just get a response back from them asking you to call them.

[supasnooper]

Here's a good budget planner -

 

http://www.consumeractiongroup.co.uk/forum/attachment.php?attachmentid=1712&d=1199396120[url=http://www.consumeractiongroup.co.uk/forum/attachment.php?attachmentid=1712&d=1199396120][/url]

Edited May 22, 2009 by supasnooper

[Potless1]

hi, just had a call from an agency that look into discrepancies from customer credit cards, loans & mortgages agreements, they say they have qualified lawyers who look at the agreements which they say could up to 18 mistakes which would make any payment enforcible & they could write of the debt & also get refunds from what you have paid. The only fee you have to pay is £150 to start the ball rolling & its a no win no fee basis so if they get your 10k credit card debt scrapped they take 2.5k of what they win back for you.

I know there are a lot of these people doing this at the moment but does it work & has anyone had any success from these sort of people or am i just clutching at straws ?

[Potless1]

anyone got any ideas on this route ?

 

has anyone had any dealings with these type of companies ?

[someone_else]

Having had a look at this thread, I'd be careful.

[Potless1]

hi, just got a county court judgement come through today, i have links of what i recieved today below, anyone give me any advice on what i should now do, never had one of these before & am quite worried about it all to tell the truth ! Please Help !!!!

 

http://i282.photobucket.com/albums/kk278/yid-old-boy/Restons1.jpg

 

http://i282.photobucket.com/albums/kk278/yid-old-boy/Restons2.jpg

 

http://i282.photobucket.com/albums/kk278/yid-old-boy/restons3.jpg

 

http://i282.photobucket.com/albums/kk278/yid-old-boy/Restons4.jpg

 

http://i282.photobucket.com/albums/kk278/yid-old-boy/Restons5.jpg

 

http://i282.photobucket.com/albums/kk278/yid-old-boy/Restons6.jpg

 

http://i282.photobucket.com/albums/kk278/yid-old-boy/Restons7-1.jpg

[Potless1]

i would also like to add to my post above that i have been sent this county court judgement after initially being ignored by MBNA for my 2 requests for the CCA & then Restons taking over & asking for proof of requests sending which i sent & they came back with this copy:

 

http://i282.photobucket.com/albums/k...oy/001-3-2.jpg

 

which is unreadable & then i sent Reston's a request for a readable copy & and instead they sent the county court letter & nothing else !

 

WHAT CAN I DO ??????????????