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

[cashins]

Morning SF

 

About what you expected then.

 

From what you have posted, Restons will really stuggle on this so you can expect them to try every trick in the book and attempt to intimidate at every opportunity.

 

Keep on top of them and you will win.

 

Keep your chin up.

 

David

[sunflower99]

Edited May 15, 2009 by sunflower99

[sunflower99]

Edited May 15, 2009 by sunflower99

[sunflower99]

[WelshMam2009]

I need the dates for your default notice. Date of issue and remedy date. They invariably don't allow enough time.

 

Also, what is the date on the Restons letter in post 18??

 

Thanks...

 

EDIT: Also, did you keep the envelope the DN came in as MBNA tend to send them 2nd class and yet claim in court that they were sent first class.

[sunflower99]

[sunflower99]

[citizenB]

They have messed up on the POC.. they arent allowed to charge s69 interest. I am just looking for one of the many posts that pt2537 has made in this respect.

 

YOu might also want to remove the amount of the claim

[citizenB]

They have messed up on the POC.. they arent allowed to charge s69 interest. I am just looking for one of the many posts that pt2537 has made in this respect.

 

 

 

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;

 

Nice little bit to stick in your defence.

[sunflower99]

They have messed up on the POC.. they arent allowed to charge s69 interest. I am just looking for one of the many posts that pt2537 has made in this respect.

 

YOu might also want to remove the amount of the claim

Hi Cit B !

 

well spotted about s69! Thanks again for finding more flaws to give me some ammunition in court!:DIi will give you another rep when i am able too! xx

[GamekeeperToPoacher]

Hi SF,

 

I am definitely subbing to this thread as I have not had a peep from MBNA since I CCAed them several weeks ago.

 

Also the CitB S69 stuff is all grist to the mill for my crap 1

 

GK

[WelshMam2009]

Hi Sunflower...this is the postal rules bit I was referring to in my pm...best of luck!!

 

Oh, and MBNA/Restons will inevitably say that they posted the DN first class which we all know to be untrue. I had 2 more from them this week and the envelopes were 2nd class Royal Mail in my case...felt so smug when I checked the dates!!

 

2. Practice Direction

 

Service of Documents - First and Second Class Mail

 

"With effect from 16 April 1985 the Practice Direction issued on 30 July 1968 is hereby revoked and the following is substituted therefore.

 

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.

 

3. Affidavits of service shall state whether the document was dispatched by first or second class mail. If this information is omitted it will be assumed that second class mail was used.

 

4. This direction is subject to the special provisions of RSC Order 10, rule 1(3) relating to the service of originating process.

 

8 March 1985

J R BICKFORD SMITH Senior Master

Queen's Bench Division

[underdog13]

Check that they have definately terminated the account, though. Not sure if they can issue another notice if the account is still live:|

[I've got no money]

Can you tell me the dates on the D/N - both the date at the top and the date for remedial action.

 

Can you also tell me if the amount on the D/N included default charges

Edited June 16, 2009 by citizenB
removed lost image link

[I've got no money]

Ok - in terms of what you need to do:-

1. A Cpr 31.14 letter - you need to amend it to suit - but we need to know how they've calculated the claim

2. When did you get the summons - you have 14 days after service to file an acknol of service - you need to file it about 10 days after receiving the summons indicating that you intend to defend all of the claim

3. On the basis of the info we have at the moment - we can prepare a limited defence but we need to know whether their are acc charges - if there are it may invalidate the notice - and the dates of the DN to check that it allowed 14 days after service for remedial action - the "agreement" doesn't appear to include the prescribed terms - so that is quite a problem for the other side

[I've got no money]

As far as CitB is concerned - they can't claim interest

[cashins]

Blimey! This has moved on.

 

but we need to know whether their are acc charges - if there are it may invalidate the notice

 

SF: Think you already have a SAR from MBNA.

 

David

[WelshMam2009]

Check that they have definately terminated the account, though. Not sure if they can issue another notice if the account is still live:|

 

I don't think there has been any absolute assignment to Restons, who seem to be acting as agents for the claimant, MBNA.

 

However, my understanding is, that if they are claiming the full amount in the POC then the agreement has been terminated?????

 

(The agreement allowed for monthly repayments so in demanding the full amount the agreement has been terminated or else they would be in breach of contract??)

 

On a related issue, I know that there is a DCA, not sure if it's Bryan Carter, who goes to court for the arrears, obtains a judgement, but then appears to be prohibited from pursuing the full amount in court at a later stage. So, I'm guessing, that MBNA are not just claiming the arrears, but are seeking judgement for the full amount. Perhaps Sunflower can confirm this?

[citizenB]

Welshman, you are correct, that is indeed a favourite trick of Bryan Carter:D He has had his hopes dashed so many times, I wonder he continues to do it.

 

SF, I have just hijacked the following link from BRW on Mr Happy's thread.

 

I think it might be a good idea for you to save the information to your own computer and print it off for reference.

 

http://www.consumeractiongroup.co.uk/forum/show-post/post-2171582.html

 

I have

[cashins]

(The agreement allowed for monthly repayments so in demanding the full amount the agreement has been terminated or else they would be in breach of contract??)

 

 

Grrr cannot find the reference at mo but I am pretty sure they woul also be in breach of the CCA '74.

 

David

[sunflower99]

Ok - in terms of what you need to do:-

1. A Cpr 31.14 letter - you need to amend it to suit - but we need to know how they've calculated the claim

2. When did you get the summons - you have 14 days after service to file an acknol of service - you need to file it about 10 days after receiving the summons indicating that you intend to defend all of the claim

3. On the basis of the info we have at the moment - we can prepare a limited defence but we need to know whether their are acc charges - if there are it may invalidate the notice - and the dates of the DN to check that it allowed 14 days after service for remedial action - the "agreement" doesn't appear to include the prescribed terms - so that is quite a problem for the other side

The amount MBNA claims in poc contains everything including all the charges,I never did any claims on MBNA to claim any unfair charges back.

[I've got no money]

The DN did it ask for repayment of everything - including the default charges - If it did then I think that arguably its' invalid

[sunflower99]

just a big thanks to everyone subbing to my thread apart from the guest!if RestonsThanks for all your help and moral support,You are all lifesavers!

[sunflower99]

The DN did it ask for repayment of everything - including the default charges - If it did then I think that arguably its' invalid

Hi IGNM!

Thats great news as that POC includes al the charges:D

[hellhasnofury]

Hello Sunflower,

 

Just subbing to this thread, well I don't believe it. MBNA passed your account to restons and as is restons normal practice they have issued proceedings against you.

 

It is restons normal practice to chance their arm with any accounts passed to them. The issued proceedings against me two years ago and tried every trick to wear me down, and of course they didnt. They are really not that stupid that they knew they were on very dodgy ground with their pre-application agreement. They hastily retreated prior to the court date as they stated they would not be attending the trial as my account had been sold to a un-named third party:eek: and to this day I still have not heard from this unknown party:-D. I attended court and was awarded costs, tehe:-D

 

Restons are a business and if they issue 100 court cases a large % will admit the debt as they are unfortunately ignorant of their legal rights. So firstly do not take this personally, you are just one of many. But you my dear are not so ignorant and have Cag on your side.:grin: You defend and even counterclaim, that will make them sit up to attention.