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

[sunflower99]

wow did you do this alone sunflower

Hi Muffintop !I can not take credit! CitB s idea! She has been a brilliant help!

[citizenB]

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,

 

I am bringing this forward, does anyone have any comments to make please. Thank you x

 

Even though we have identified this as an embarrassed defence, should Sunflower ask for permission to submit a full defence once documents requested under CPR have been provided.

[GamekeeperToPoacher]

Hi CB,

 

I am sure that I was advised to add the 'amended' defence clause for when the documents turned up

 

 

GK

[supasnooper]

Hi sunflower,

 

I would advise you to get a Subject Access Request off to MBNA as soon as poss.

 

There is a template on the site or search my posts. Specifically ask for the Communications log of your account.

[cashins]

I would advise you to get a Subject Access Request off to MBNA as soon as poss.

 

There is a template on the site or search my posts. Specifically ask for the Communications log of your account.

 

Hi SF

 

I know you've had your SAR back from MBNA.

 

Did you get the Communications Log, (Customer Information Data Sheet)?

 

If not I suggest you write to them pronto and ask were is it?/I want it.

 

You can also give them grief on 01244 672000, ask for Compliance Dept. (Apparently, Mr Neville Hughes is department head).

 

David

[supasnooper]

If they haven't fully complied with your SAR get this letter off them ASAP, so as to sharpen their minds.

 

Your Name

 

Your Address

Your Town

Your County

Your Postcode

Date 2009

The Company Secretary

The Creditor

Creditors address

Creditors Town

Creditors county

Creditors postcode

LETTER BEFORE ACTION

Section 7(1) – Data Protection Act 1998

Account: XXXXXXXXXXXX

 

 

Dear Sir / Madam,

 

 

You have failed to comply with my Data Protection Act Subject Access Request dated xxth xxxxxxxxxx 2009.

 

I will remind you as to what documents I expect.

The following is by no means an exhaustive list but in the main this is what I require.

 

Please supply me with a complete list of transactions and charges relating to ALL accounting history with your organisation. Alternatively, a complete set of statements for that period will be acceptable.

 

Additionally, all records you hold on me relevant to this account, including but not limited to:

 

1. A transcript of all transactions, including charges, fees, interest, repayments and payments and both the original amount of the loan and any repayments made to the account.

 

2. Transcriptions of all telephone conversations recorded and any notes made in relation to telephone conversations by your company

 

3. Where there has been any event in my accounts history over this period which has required manual intervention by any person, I require disclosure of any indication or notes which have either caused or resulted in that manual intervention, or other evidence of that manual intervention in relation to my account. If you are unable to supply this data because there has been no such manual intervention, then please be so kind as to confirm this in your response

 

4. True copies of any notice of assignment and/or default notice or enforcement notices that you may have sent to me, with a copy of any proof of postage that you hold.

 

5. Documents relating to any insurance added to the account, including the insurance contract and terms and conditions, date it was added and deleted.

 

6. Details of any collection charge added to the account; specifically, the date it was levied, the amount of the charge, a detailed financial breakdown of how the charge was calculated, and what the charge covers.

7. Specific details of the fees/charges levied by any other agency in respect of this account and a detailed breakdown of said fees/charges and what each charge relates to and on what date said fees/charges were levied.

 

8. A genuine copy of any deed of assignment, or proof that you have a legal right to this money.

 

9. A genuine copy of any notice of fair use of my data as required by the Data Protection Act 1998

 

10. A list of third party agencies to whom you have disclosed my personal data and a summary of the nature of the information you have disclosed.

 

11. A copy of all account statements for the duration of the agreement.

 

12. Please would you also advise me of the logic involved in any automated decisions taken by you about me pursuant to section 7(1) (d) of the Data Protection Act 1998.

 

13. A True copy of the consumer credit agreement section 77-79 of the Consumer Credit Act of 1974 for the account.

14. Any Other information relating to this account.

 

If you do not comply within the next 14 days I shall seek a Court order obliging you to do so together with damages at the discretion of the Court and without any further notice.

 

 

Yours Faithfully,

Print your name here

Amend to suit, Do NOT sign, Send by recorded delivery.

[sunflower99]

Hi ! I think i got everything relevant in sar up to date when it was processed middle of feb.Obviusly the deafault notice etc etc was issued d after SAR request so no record of anything after middle of february

Edited June 4, 2009 by sunflower99

[sunflower99]

REQUEST FOR INFORMATION CPR 18

 

I have received a recent court claim from your organisation. In order to file a defence and counter claim I require some information. Given that this matter is now the subject of legal proceedings, you are obliged to disclose under the Civil Procedure Rules, the information and documents detailed below.

 

The information must be furnished within fourteen days of the receipt of this letter. If you fail to comply, this will be reported to the Court, a copy of this letter will be provided as evidence to the same and an Order enforcing your compliance will be sought.

 

1. A true copy of the executed credit agreement and any terms and conditions that applied to the account at the time of default and at the time the account was opened.

2. All records you hold on me relevant to this case, including but not limited to:

 

a. Transcriptions of all telephone conversations recorded and any notes made in relation to telephone conversations by your company, or by any previous creditor

b. Where there has been any event in my account history over this period which has required manual intervention by any person, I require disclosure of any indication or notes which have either caused or resulted in that manual intervention, or other evidence of that manual intervention in relation to my account formerly held with *********.(AMEND TO THE COMPANY NAME)

c. True copies of any notice of assignment and/or default notice or enforcement notice that you or the original creditor sent me, with a copy of any proof of postage that you hold.

d.Documents relating to any insurance added to the account, including the insurance contract and terms and conditions, date it was added and deleted (if applicable).

e. Details of any collection charge added to the account; specifically, the date it was levied, the amount of the charge, a detailed financial breakdown of how the charge was calculated, and what the charge covers.

f. Specific details of the fees/charges levied by any other agency in respect of this account and a detailed breakdown of said fees/charges and what each charge relates to and on what date said fees/charges were levied.

g. A genuine copy of any notice of fair use of my data as required by the Data Protection Act 1998

h. A list of third party agencies to whom you have disclosed my personal data and a summary of the nature of the information you have disclosed.

i. Copies of statements for the entire duration of the credit agreement.

 

3. Any other documents you seek to rely on in court.

 

 

I will require this information within the next fourteen days. I must advise you that if the information is not forthcoming, it will be reported to the Court that you are trying to frustrate proceedings and denying me the opportunity to file a defence

Yours sincerely,

[GamekeeperToPoacher]

Hi Sunflower,

 

May I suggest that you put in a specific date and time for the return of their response?

 

GK

[sunflower99]

As MBNA have already complied with my SAR request up to middle of feb when Sar was processed. To get rest of more recent statements reports and letters after the period covered by former Sar request should i send the above letter to MBNA? Maybe ommiting the request for original agreement as MBNA and Restons already sent their responsed for that,However i could remind MBNA that Restons have still not responded to CPR 31,14 request? Any opinions or feedback welcome! Thanks:)

Edited June 3, 2009 by sunflower99

[sunflower99]

Hi Sunflower,

 

May I suggest that you put in a specific date and time for the return of their response?

 

GK

Hi Gk

Thanks for advice about putting in specific date,I have to get my defence in ideally by end of next week ! so i will have to send in defence to court before MBNA respond to this but at least it will be there for court hearing and if MBNA/Restons dont comply i can report it to court !so you think above letter a good idea?

[supasnooper]

As MBNA have already complied with my SAR request up to middle of feb when Sar was processed. To get rest of more recent statements reports and letters after the period covered by former Sar request should i send the above letter to MBNA? Maybe ommiting the request for original agreement as MBNA and Restons already sent their responsed for that,However i could remind MBNA that Restons have still not responded to CPR 31,14 request? Any opinions or feedback welcome! Thanks:)

 

 

You can send another Subject Access Request to MBNA but it will cost you a further £10.00.

 

It will not be worth writing to MBNA about Restons ignoring your CPR 31.14 request as it has nothing to do with them.

 

Energise Restons into providing the necessary CPR 31.14 docs, send them this letter (but you must be prepared to enforce the letter) -

 

 

 

Your Name

 

Your address

Your Postcode

***DATE**** 2009

Creditor

Creditors address

Creditors postcode

 

Re:

In the ********** County Court

Claimant -v- Defendant

Claim Number: **************

Dear Sir\Madam,

 

I made a request for documents under CPR 31.14 on the ***DATE*** to which you have failed to respond.

I hereby give 7 days notice for you to respond to my request or I will apply immediately for a Court Order seeking compliance together with my incurred costs.

Please find enclosed a copy of the CPR 31.14 request for your ease of reference.

I look forward to your due diligence in the matter.

 

 

Yours faithfully,

Your Name

(printed, do not sign)

Do NOT sign, Send by recorded delivery

 

[sunflower99]

You can send another Subject Access Request to MBNA but it will cost you a further £10.00.

 

It will not be worth writing to MBNA about Restons ignoring your CPR 31.14 request as it has nothing to do with them.

 

Energise Restons into providing the necessary CPR 31.14 docs, send them this letter (but you must be prepared to enforce the letter) -

 

 

 

 

 

Your Name

 

 

Your address

 

 

Your Postcode

 

 

 

 

***DATE**** 2009

 

 

 

Creditor

Creditors address

Creditors postcode

 

 

 

 

Re:

In the ********** County Court

Claimant -v- Defendant

Claim Number: **************

 

 

 

Dear Sir\Madam,

 

 

 

I made a request for documents under CPR 31.14 on the ***DATE*** to which you have failed to respond.

 

 

I hereby give 7 days notice for you to respond to my request or I will apply immediately for a Court Order seeking compliance together with my incurred costs.

 

 

Please find enclosed a copy of the CPR 31.14 request for your ease of reference.

 

 

I look forward to your due diligence in the matter.

 

 

 

 

 

 

 

Yours faithfully,

 

 

 

 

 

 

Your Name

 

 

(printed, do not sign)

 

 

 

 

Do NOT sign, Send by recorded delivery

 

 

 

 

Hi Supasnooper !

I wll send that off to restons! Thanks!

[yourturntopay]

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!!

[supasnooper]

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!!

 

Do you have a thread for this ?

[yourturntopay]

Yes - It's under Charging Order Possible.

 

It's quite a tale and I coudl really do with some help as I'm not sure what reston's next move is......or how i deal with it......

 

http://www.consumeractiongroup.co.uk/forum/legal-issues/195731-charging-order-possible.html

Edited June 4, 2009 by citizenB
added thread link

[sunflower99]

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!!

Hi yourturntopay!

Good on you! Sounds like you giving Restons grief!Will be lovely if court stays your case, You will get plenty of help on these forums and i found since joining CAG my faith in human nature has been renewed ! and that there are still some decent unselfish caring human in this world!

[sunflower99]

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!!

Thank you for your letter dated ---2009 in connection with my subject Access Request.

 

Your letter requests "For security reasons we require you to provide a form of positive identification (an example of acceptable identification would be a copy of a driving licence or passport which includes your signature), before you comply.

 

To the present date you have easily sent statements and correspondence containing my sensitive and private statements and personal financial information to my address. I am asking myself now why all the concern regarding security regarding my information, and why you are doubting that I am not the right person? I request the reasoning behind the length of time for you suddenly to be worried about this.

 

I am confident an organisation the size of MBNA are aware, disclosing data without adequate checks of identity is contrary to the 7th principal of data protection, listed in schedule 1 of the Data protection Act 1998:

 

7. Appropriate technical and organisational measures shall be taken against unauthorised or unlawful processing of personal data and against accidental loss or destruction of, or damage to, personal data.

 

I would like to advise that clarification with Government bodies assured me that this is purely MBNA's own internal proceedures, and not really required.

 

I am concerned that I do not hold either a passport or drivers licence, and even if I did, in today's society about taking care of our personal information, I am not happy in sending in the post anyway.

 

I am sure that an alternative compromise can be sought, either you accept I am who I am, or you can offer me alternatives that I will find acceptable. If this cannot be resolved I will contact the Information Commissioners Office.

 

I

[sunflower99]

Hi Yourturntopay and anyone else reading this thread got problems with compliance for a sar request! When i sent the above MBNA wrote back to me and offered me the chance to ring their compliance dept as an alternative and go through security details with them over phone to confirm my identity!They sent my sar eventually after that!

[sunflower99]

Morning Sunflower

Just been catching up with your thread, and have to say well done for keeping your cool and dealing with this so well. CitB deserves a medal too for unstinting help and support .

Stick at it, I'll be watching with bated breath and fingers crossed for you.

All I can say is:

 

Watch out Restons..here come the girls!!!

 

Elsa x

Hi Undercover Elsa!

Thanks for all your moral support and being there for me!Yes CitB been a star ! and does deserve a medal for the way she helps us all!and always finds time to respond quickly to all my pleas for help Restons got a battle

Edited June 7, 2009 by sunflower99

[sunflower99]

Hi Sunflower - Just catching up with your thread - So you have submitted your defence to the courts - what's next ???

Hi CartierBresson!

I like you just submitted defence to courts,I wrote again to Restons pointing out they have still not complied with my CPR31.14 and warning them i will be seeking a court order to do if they dont.So now waiting for their response to that! and my defence!:DThe next stage is getting AQ forms ,We will both make sure we give Restons a good old fight! Dont let them get you down!

Edited June 7, 2009 by sunflower99

[I've got no money]

Well done on getting that sorted.

 

Thinking that Restons, (which is not a large firm), who's accuracy and attention to detail is poor to say the least, will start to struggle with the workload they have taken on. Time will tell.

 

David

 

Firms that deal with debt collection tend to deal in volume using primarily unqualified staff - they often work on fairly low margins - obviously in defaut cases they get paid reasonably well however their systems are just not able to cope with lots of pro-active Defendants

[sunflower99]

hiya sunflower, just come across this thread of yours so am subbing

 

going to learn as much as i can from you now,,,,keep it up gal,,,

 

you have come along heaps since you first logged in, remember???

 

its fab, im sorry that you are having to deal with this but at least you know you can come to cag and we can help you along the way in our own little efforts, which makes it an overall huge effort

 

keep happy laters angel x

Hi Angel!

How you doing in your wars with MBNA,I have been so caught up in Restons/MBNA so not been able to keep up with everyone! I hope you keeping well and you still giving our friends MBNA grief:D

[sunflower99]

Firms that deal with debt collection tend to deal in volume using primarily unqualified staff - they often work on fairly low margins - obviously in defaut cases they get paid reasonably well however their systems are just not able to cope with lots of pro-active Defendants

Hi IGNM

Thanlks again for your help and advice to me and CitB about my Restons problem! and subbing to my Restons thread keeping an eye on my progress,to check things going ok!

[sunflower99]

Hi Cashins and IGNM

Thanks for your encouraging posts saying Restons are starting to take on more then they can cope with! You cheering up my sunday!