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

[angel_1]

Still subbing sf

 

 

 

Angel, surely you've done that by now!!!!!!! Hope you look at the CPR route too.....

 

 

hiya AA99 oh yes to mbna i did just maybe do it to lewis group too, just to show more in my paperwork trail and just to see if i got something totally different back,,,since there are many different styles being sent out;)

 

cpr may be perhaps more appropiate mind you,,,,so have to consider that too thanks

 

keep happy everyone laters angel x

[sunflower99]

hiya AA99 oh yes to mbna i did just maybe do it to lewis group too, just to show more in my paperwork trail and just to see if i got something totally different back,,,since there are many different styles being sent out;)

 

cpr may be perhaps more appropiate mind you,,,,so have to consider that too thanks

 

keep happy everyone laters angel x

Hi Angel!

Yes i am takeing your advice !and that of what Bankerrhymeswith! put up on some of his/her posts:DI have sent a few letters now stating my doubts and concerns to them and Restons about my alleged agreement!and i did send them a couple of letters before DN notice making an infromal appointment to view the alleged agreement iat my own expense and time:D stating that it would be a amicable way solving dispute and saving court time and expense MBNA totally ingnored by overtures!i wonder why:Di mean you would think they would want to show me this alleged agreement which they alledge is correctly executed and keep insisting they have:DSo if a DJ asks us what i have done i willl tell him/her that i made reasonable efforts to see alledged original agreement and asked for confirmation that all those scraps of paper were from same document! pointing out that it would be a way of resolving dispute and saving court time!which they just ignored:D and now they ignoring CPR31.14 request!

[sunflower99]

[sunflower99]

just received this ! They are claiming that that what they sent me in response to request for original alleged agreement in earlier post in that citB got me to write to them when they first contacted me complies with a CPR31.14 request

[sunflower99]

They say the termination notice not applicable:confused: but i thought that was the purpose of DN notice:confused: Am i being a bit thick here! Surely if MBNA defaulted and sent DN notice the account terminated:confused:Am i loosing the plot!

[WelshMam2009]

They say the termination notice not applicable:confused: but i thought that was the purpose of DN notice:confused: Am i being a bit thick here! Surely if MBNA defaulted and sent DN notice the account terminated:confused:Am i loosing the plot!

 

I don't believe that there is an absolute requirement to issue a termination notice in the same way as there is for a DN.

 

Not applicable probably just means that a TN doesn't exist. I certainly have never received one from MBNA for any of my accounts.

 

Nonetheless, a termination can be implied by virtue of actions such as demanding full payment via a court action. The wording of the DN is also critical. Mine clearly states that the account will be closed and the agreement terminated. Does yours say the same SF??

 

Additionally, have they stopped issuing monthly statements, charging interest and written the balance off?? These are good indicators of termination also.

[citizenB]

Is the DN an exact copy of the one you received, SF ?

[sunflower99]

[sunflower99]

Hi CitB

It is exactly the same as last DN notice

[sunflower99]

I don't believe that there is an absolute requirement to issue a termination notice in the same way as there is for a DN.

 

Not applicable probably just means that a TN doesn't exist. I certainly have never received one from MBNA for any of my accounts.

 

Nonetheless, a termination can be implied by virtue of actions such as demanding full payment via a court action. The wording of the DN is also critical. Mine clearly states that the account will be closed and the agreement terminated. Does yours say the same SF??

 

Additionally, have they stopped issuing monthly statements, charging interest and written the balance off?? These are good indicators of termination also.

Hi Welshman

They have stoppped issuing statements So they have terminated my account

Edited June 13, 2009 by sunflower99

[sunflower99]

So they are saying trhis complies with a CPR31.14 request

[sunflower99]

and this is what they trying to imply is overleaf though Restons did sent it as two seperate pieces of paper unlike MBNA who sent it copied onto back and front of same page!on their s78 request!

Edited June 13, 2009 by sunflower99

[cashins]

Hi Sunflower

 

So they are saying this complies with a CPR31.14 request

 

It does only, if in fact that, that is what they intend to rely on in court.

 

David

[cashins]

Hi DJX

 

It is also a debt with MBNA, who offered to accept £90 per month in May and then changed their minds and sent the debt to Restons!! When I sent Restons a copy of the letter from MBNA saying they would accept £90 per month, they said this was no longer acceptable to their client and they wanted the full amount (£10,000) by 17th June

 

 

Think MBNA have been told by their masters to get some money in, hence they are issuing all over the place.

 

You need to:

 

Set up your own thread on this so as not to confuse the issue.

 

Either do a sec 78 1974 request or use CPR 14 to get documents from Restons.

 

Send a Subject Access Request, (will cost you a tenner), to MBNA to see what they have been up to.

 

They may mean business, so best be prepared.

 

David

[sunflower99]

Hello everyone-this is the most informative thread I have ever read-well done and thanks to you all!!

 

I received the first stages of court threat letters from Restons today-giving me until June 17th to pay in full or legal proceedings will be taken etc etc

 

It is also a debt with MBNA, who offered to accept £90 per month in May and then changed their minds and sent the debt to Restons!! When I sent Restons a copy of the letter from MBNA saying they would accept £90 per month, they said this was no longer acceptable to their client and they wanted the full amount (£10,000) by 17th June

 

I am on a DMP with CCCS who have been brilliant and it is only MBNA who are being nasty.

 

As and when I get the court papers would anybody be able to help me fill them out? I havent SAJ'd MBNA yet-should I do that now or send the sample letter in the thread once court proceedings are issued?

 

All your advice would be much appreciated

 

DJX:D

Hi DJX

I am glad my thread was a help to you!You will get plenty of help and advice and if you get a court summons Cag is brillaint and someone knowledgeable will take you on and assist with court forms and advice! So try not to worry to much.I found when the chips are down and a court summons arrives there are lovely people on Cag who will help you and if they cant they bring you to attention of people who can!

[diddydicky]

Min'e a similar story, but with HFC.

 

This thing I knew of Reston's was when I recieved the paper work from Northampton!! I instantly sent a CPR to them, they didn't respond to me so i filed an embarressed defence. I also sent a SAR to HFC, but they are playing silly bee's and refusing to send the info till I send my passport, driving licence and a recent ulility bill to them as proof of ID and fill in their security form!!

 

A couple of days later (after the court sent my defence to them!!) I received a letter back statign that the CPR was not applicable to them (their claim was for £21,500, plus £3509 collection fees) and all they sent attached to their letter was the DN and CCA and a payment history.

 

Restons have made it clear that they want a CO against me, so I am fighting hard to avoid the CCJ

 

The court have written to them and given them till the 10th June to respond or they will automatically stay the case.

 

Form what i have read on the forums about Restons they go in hard and hope that people roll over and accept a judgement. When people fight back they are a bit shocked!!

 

so if you dont have a passport or driving licence - then presumably you are denied justice!! muppets

[diddydicky]

I don't believe that there is an absolute requirement to issue a termination notice in the same way as there is for a DN.

 

Not applicable probably just means that a TN doesn't exist. I certainly have never received one from MBNA for any of my accounts.

 

Nonetheless, a termination can be implied by virtue of actions such as demanding full payment via a court action. The wording of the DN is also critical. Mine clearly states that the account will be closed and the agreement terminated. Does yours say the same SF??

 

Additionally, have they stopped issuing monthly statements, charging interest and written the balance off?? These are good indicators of termination also.

 

well you could write back and ask them to explain why the TN is not applicable?

[diddydicky]

Hi CitB

It is exactly the same as last DN notice

 

is it? then where have the vertical numbers "46767 CP1207-let" gone from the bottom RH corner!

[sunflower99]

is it? then where have the vertical numbers "46767 CP1207-let" gone from the bottom RH corner!

Hi Didddydicky!

Well spotted! Though they will probably say as it just a copy of DN and not important, But i get your point I suppose if they copied whole lettter to print off you would think that would appear as well!

[sunflower99]

well you could write back and ask them to explain why the TN is not applicable?

Thanks for your advice DiddyDicky! Yes i am thinking what reply to compose and that would be worth mentioning!

[sunflower99]

Thanks again folks for everyones help and support! I am very grateful for all your help and input on this thread!

[WelshMam2009]

well you could write back and ask them to explain why the TN is not applicable?

 

I'd be interested to see their response to this one also SF!!

 

As mentioned earlier, I'm guessing that the DN is a computer print off, as opposed to a photocopy of the original, as all they seem to do is record the dates on the computer log.

 

AS CB said, it is worth checking that their DN tallies with yours as another Cagger, Pompey Faith, had the dates and clause numbers changed on his...just as well he kept the original eh?!!

 

Keep us updated with your progress SF.

[diddydicky]

Thanks for your advice DiddyDicky! Yes i am thinking what reply to compose and that would be worth mentioning!

 

well a simple question might just elicit a confirmation from them that it is already terminated

[sunflower99]

I'd be interested to see their response to this one also SF!!

 

As mentioned earlier, I'm guessing that the DN is a computer print off, as opposed to a photocopy of the original, as all they seem to do is record the dates on the computer log.

 

AS CB said, it is worth checking that their DN tallies with yours as another Cagger, Pompey Faith, had the dates and clause numbers changed on his...just as well he kept the original eh?!!

 

Keep us updated with your progress SF.

Hi welshman

I am afraid alll the dates and wording tally with original one but as you say it is not a copy from original copy as there is a minor difference in that they have portrayed the remedy date in Restons copy as March in written form but on MBNAs original copy march is portrayed as a number 03! as well as the missing serial number! but i suppose as dates and wording the same it would not be a reason for query in court?

[sunflower99]

WM it will be very interesting to see how my case pans out tomorrow PF

Good luck popeyfaith! I hope you give em grief! and keeping my fingers crossed you see them off!