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

[sunflower99]

Edited May 15, 2009 by sunflower99

[sunflower99]

Edited May 15, 2009 by sunflower99

[sunflower99]

[sunflower99]

[sunflower99]

[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

[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.

[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

[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?

[sunflower99]

Hi CitB

Thanks for confirmation! Sunflower:)xx

[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?

[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:)

[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]

[sunflower99]

Hi CitB

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

[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?

[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:)

[sunflower99]

wow did you do this alone sunflower

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

[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,