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

[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?

[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!

[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

[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!

[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!

[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

[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!

[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!

[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?