Restons/MBNA Issued Court Claim **ROUND ONE TO SF**

[hellhasnofury]

Yea Sunflower, don't let the b*ggers grind you down:p

 

Have a look on the hfc forum threads, or type restons in the search tool, lots of encouraging info there:-D

[Cartier-Bresson]

Hi Sunflower - Good to see things are progressing nicely with your case.

 

'hellhasnofury' makes some really interesting points about Restons ..... it should give you confidence about what you are doing ... it's certainly giving me more !

 

You were a few steps ahead of me regarding our respective MBNA/Restons cases ... but I now think we are more in sync. I received my claim form from Northampton CC about a week and a half ago and have already acknowledged service [intending to defend all of the claim] and also sent a CPR 31.14 request to Restons recorded delivery last week.

 

I'm also not convinced that the CCA MBNA sent me a couple of months ago is enforceable, firstly due to irregularities between front and back copies - condition 11 on one side refers to something completely different on the other. Secondly, it mentions £12 charges, which in 2001 [start of my account] were not the charges they were applying to my account !

 

Having now had the opportunity to review all transactions on this account from 2001 I have also sent Restons a letter claiming back all charges on the account [which total a third of the value of their entire claim !] I never received a letter back regarding this issue, so I assume this is what prompted them to pursue litigation ! Mistake on their part I think !

 

Also - having compared our POC's, I note they are identical - so I'm also pleased to read that they are not allowed to claim S69 interest on the debt. All adds to our defence should it finally end up in court.

 

I'm going all the way with this one ..... and am totally prepared for battle !

 

So Restons .... if you are reading .... which I'm sure you are .... I have a little quote from Robert Browning's 'Pied Piper of Hamelin' for you ......

 

"You threaten us, fellow ? Do your worst, blow your pipe there till you burst !"

 

I'm subbing to your thread with interest now and will keep you up dated with any development regarding mine - cheers > c-b

[sunflower99]

Re:

In the XXXXXXXXXXX County Court

Claimant XXXXXXX -v- Defendant – Your Name

Claim Number: xxxxxxxx

 

CPR 31.14 Request

 

On (date) I received the Claim Form in this case issued by you out of the Northampton County Court.

 

I confirm having returned my acknowledgement of service to the court in which I indicate my intention to contest all of your claim.

 

Please treat this letter as my request made under CPR 31.14 for the disclosure and the production of a verified and legible copy of [each of the following / the] document(s) mentioned in your Particulars of Claim:

 

1 the agreement. You will appreciate that in an ordinary case and by reason of the provisions of CPR PD 16 para 7.3, where a claim is based upon a written agreement, a copy of the contract or documents constituting the agreement should be attached to or served with the particulars of claim and the original(s) should be available at the hearing. Further, that any general conditions incorporated in the contract should also be attached.

 

2 the assignment*

 

3 the default notice*

 

4 the termination notice*

 

5 [any other documents mentioned in the Particulars of Claim]*

 

* delete if not mentioned in the Particulars of claim.

 

You should ensure compliance with your CPR 31 duties and ensure that the document(s) I have requested are copied to and received by me within 7 days of receiving this letter. Your CPR 31 duties extend to making a reasonable and proportionate search for the originals of the documents I have requested, the better for you to be able to verify the document's authenticity and to provide me with a legible copy. Further, where I have requested a copy of a document, the original of which is now in the possession of another person, you will have a right to possession of that document if you have mentioned it in your case. You must take immediate steps to recover and preserve it for the purpose of this case.

 

Where I have mentioned a document and there is in your possession more than one version of that same document owing to a modification, obliteration or other marking or feature, each version will be a separate document and you must provide a copy of each version of it to me. Your obligations extend to making a reasonable and proportionate search for any version(s) to include an obligation to recover and preserve such version(s) which are now in the possession of a third party.

 

In accordance with CPR 31.15© I undertake to be responsible for your reasonable copying costs incurred in complying with this CPR 31.14 request.

 

 

If you require more time in which to comply with this request you must tell me in writing. You must tell me before the time for compliance with this request has expired. In telling me you require more time you must tell me what steps you have taken and propose to take in order to comply with this request and also state a date by when you will comply with this request. In addition your statement must be accompanied with a statement that you agree to an extension of the time for me to file my defence. Your extension of time must be not less than 14 days from the date when you say you will have complied with my request and you must state the new date for filing my defence.

 

If you are unable to comply with this request and believe that you will never be able to comply with this request you must tell me in writing.

 

Please note that if you should fail to comply with this request, fail to request more time or fail to agree to an extension of time for the filing of my defence, I will make an application to the court for an order that the proceedings be struck out or stayed for non-compliance and a summary costs order.

 

I do hope this will not be necessary and look forward to hearing from you.

 

 

[sunflower99]

As the POC states action against money owned under a contract i should still be able to list items 1 to 4? but delete 5? (any other documents mentioned in particulars of claim? as no other document mentioned except the alleged contract?

[citizenB]

As the POC states action against money owned under a contract i should still be able to list items 1 to 4? but delete 5? (any other documents mentioned in particulars of claim? as no other document mentioned except the alleged contract?

 

 

Yep, 1-4 ok. But as no other documents mentioned in the claim, delete 5

 

Signing - I would be inclined to use either an electronic signature or a script font such as Lucinda Handwriting (which you should have on Windows)

[sunflower99]

Hi CitB

Thanks for confirmation! Sunflower:)xx

[hellhasnofury]

Hello Sunflower,

 

Thanks for the rep click:grin:

 

Here is a link to my thread regarding restons slippery eels that they are:rolleyes:

 

revenge is sweet-v-hfc

 

Might be of some use to you.:grin:

[sunflower99]

Just a quick question

[sunflower99]

I suppose all i need to do now for moment is to go online and acknowledge claim on that court claim site!i suppose all i need to tick is the -i intend to defend all of this claim.As i am hopeing to get this acknowledgement of service done online i presume i dont need to send the above form by post or do i?

[GamekeeperToPoacher]

No that will work fine - the password tends to use lower case Ls which look like 1's so you may struggle

 

GK

[sunflower99]

No that will work fine - the password tends to use lower case Ls which look like 1's so you may struggle

 

GK

Hi Gk

Thanks for tip about lower cases on password.so that is all i need to do at moment as regards court claiim just acknowledge it online and dont need to post it:)

[GamekeeperToPoacher]

Tjhat is correct I sent mine by post before I learned about the password thing.

 

Incidentally when I sent it by post I used recorded delivery and when I checked with RM it said "We accepted package on date posted at PO used"

 

I called Northampton in a panic and was told that they had received it in time and then she told me about the password.

 

Since then I have received, and returned the AQ and am now waiting for their response. I did point out that they had a dodgy DN but not what was wrong.

 

GK

[pompeyfaith]

Hiya Sunflower,

 

GKTP is correct on-line is fine Northampton bulk centre is well oiled for on-line acknowledgements I did mine on-line fine.

 

PF

[Muffintop]

i used to do my pocs on line but had a few hic cups with them recently what you see does not necessarily print off, i found you had a lot more space when done manually and by post, you can still print off all forms from hmcs sites, also you can send recorded del which you know will get there. or at least you ahve proof of it arriving. personal choice i guess.

[sunflower99]

Hi everyone hanks for confirming its ok to acknowledge online! When i go on to next part to fill out defence form within 28 days i supose i will pronbably do that part on original form and post if of by recoreded delivery as i beleive you dont get a lot of room doing it online to put a long defence in as it is only limited to a certain number of words ive heard

Edited May 17, 2009 by sunflower99

[sunflower99]

[tiokim]

Does the DN give you 14 clear days after service?

[tiokim]

Hi,Sunflower!! Thanks for your PM. I think it is defective that DN, consider this:

 

1. Under S7 of the Interpretation Act 1978 service by post is deemed to have been effected, unless the contrary has been proved, at the time when the letter would be delivered in the ordinary course of post.

 

2. To avoid uncertainty as to the date of service it will be taken (subject to proof to the contrary) that delivery in the ordinary course of post was effected:-

 

(a) in the case of first class mail, on the second working day after posting;

 

(b) in the case of second class mail, on the fourth working day after posting.

 

"Working days" are Monday to Friday, excluding any bank holiday.

 

In your case the 14 clear days starst tuesday. Never mindd when you got it, they would need to prove it. So it is short of 2 days... Very good news for you!!!

[sunflower99]

Hi CitB

Will answer your latest pm question when i get home! Have to dash to work in a miute!

[citizenB]

No hurry

[sunflower99]

IN THE XXXXXXXX COUNTY COURT

CLAIM NUMBER XXXXXXXX

 

 

BETWEEN:

 

 

MBNA Bank ????? - Claimant

And

Sunflower - Defendant

 

 

 

DEFENCE

1. The particulars of claim discloses no cause of action and are self evidently an abuse of process, in that they fail to deal with the basic rules of pleading in accordance with the CPR (even allowing for the constraints of the bulk issue system).

2. Further to that above the defendant is unable to plead effectively or at all. The defendant is embarrassed.

3. The Claimant fails to plead that this claim concerns an agreement regulated by the Consumer Credit Act, 1974. However, the Claimant claims interest pursuant to section 69 of the County Courts Act, 1984 which the Claimant should surely know they are not entitled to by virtue of the County Courts (Interest on Judgment Debts) Order, 1991 (SI 1991 No. 1184 (L. 12)) in particular section 2(3)(a), which clearly prohibits such an award:

 

· 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;

****************************************

I thought also to send the following as a letter to Restons. Dear sirs,

 

Herewith copy defence by way of service, the same having been filed with the court.

Please serve amended particulars of claim and plead your client's case in an appropriate manner within 7 days, so that I am aware of the case I will have to meet at trial. I request that you attach to the particulars a copy of the agreement upon which the claimant relies. The matter will be transferred to my home court and the claimant will have to produce the document, in any event. In those circumstances you should plead in accordance with the CPR rather than the Northampton County Court regime.

Failure to provide that requested in the time period provided for will result in application to the court. I confirm a copy of this letter will be produced to the court when the question of costs falls to be decided.

Yours sincerely,

[sunflower99]

Hi All

Just been asked to post the above defence up for your views advice and comments,Any feedback advice opinions suggestions would be much aprreciated! Thanks

[sunflower99]

Also if i send that defence in and restons cpr31.14 turns up in post can i then send another defence?

[cashins]

It's a good start!

 

Also if i send that defence in and restons cpr31.14 turns up in post can i then send another defence?

 

Yes, that's the point of an embarressed defence - the POC is not sufficiently particularised todefend. The court needs to be aware of the situation regarding your CPR to Restons.

 

David

[sunflower99]

It's a good start!

 

 

 

Yes, that's the point of an embarressed defence - the POC is not sufficiently particularised todefend. The court needs to be aware of the situation regarding your CPR to Restons.

 

David

Hi David!

Thanks for making that clear as me and citB were not sure:)