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

[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!

[sunflower99]

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

Yes i certainly ought to ask them that ! It will be interesting to see their answer! I wonder if anyone else had issues getting a termination notice from Restons and confirmation it been terminated,

[sunflower99]

[sunflower99]

A judgement WILL BE entered against you hehe i like that bit why are restons/optima so certain

Hi Pompeyfaith! LOL! Yes they do seem very sure of themselves! in spite of having a number of humiliating victories against them on these threads!:grin:

[sunflower99]

and 4 the record im always thinking of and helping others

Yes i see you do on a lot of threads ive come across:)

[sunflower99]

12th June 09

 

Dear Sir/ Madam

Ref: Account No: I understand you currently hold details of my personal and financial information within our internal record sisytems with regard to the above account.

Please supply me with a complete list of transactions and charges relating to my history with your organisation. Alternatively, a complete set of statements for the account or associated accounts will be acceptable.

In addition, I would be grateful if you would provide the following for the account (s) I have with your organisation, details as follows:

1: Full copies of all contracts which you believe exist or have existed between myself and your organisation, including true copies of any original documents and their original associated terms and conditions you hold in support of the same. I wish to make it plain I do not require or want any blank/generic documents, but only actual copies of signed documents and their associated historic terms etc. If you no longer hold these, or for any other reason cannot supply all of these documents, I require you to inform me of this in writing, including the reasons for not supplying anything mentioned, or for supplying anything that varies from the specific format I have requested.

 

2: A complete list of all transactions or statements relating to my credit card account(s) held with your organisation.

3: If there have been any fees/charges levied on the account by either yourself or a third party. I require a detailed breakdown of those charges.

 

4: Copies of all documents which include any of my personal information including copies of any contacts or invoices, emails or computer records containing my personal information, or any records which pertain to this information.

 

5: Full copies or transcripts of any correspondence in postal, email, telephone or any other format which you have entered into with me, or any other individual, organisation or third party which contains my personal or financial, or which pertains to me.

 

6: Where any previous information or records held have been deleted or disposed of, to inform me of the methods used to do so, including dates, certificates or references confirming details of destruction. Where you are unable to provide such certificates, please provide a declaration, signed by an authorised officer of your company, confirming the dates and methods of destruction of this data.

7: Full hard copy print outs of my personal or financial information, held in a digital, magnetic or any other format which is held in any archives, backups or other storage devices / locations.

 

I enclose a postal order in the sum of £10 (number) to cover your fee. This fee is to be used for this Subject Access Request and for no other purpose.

If there is any specific information you require in order to satisfy yourself as to my identity please let me know by return. However, I would point your attention to the Information Commissioner's Good Practice Notes in respect of the Data Protection Act as follows:

Data Protection Act Good Practice Notes:

 

"2. Do you have enough information to be sure of the requester’s identity?

Often you will have no reason to doubt a person’s identity. For example, if a person with whom you have regular contact sends a letter from their known address it may be safe to assume that they are who they say they are."

Please note the above address is the one to which you normally use to communicate my private business to and which you have hitherto found acceptable.

 

However, should you feel it necessary to demand further proof of my identity despite the Good Practice Notes as above, I would advise I do NOT hold either a driving licence or passport. I am however prepared to telephone your Data Compliance Department to establish my identity

 

It seems a lot of banks are wrongly interpreting the Data Protection Act (Data Protection Act) 1998 as a requirement to only disclose six years worth of personal data, and this is wholly wrong.

 

 

The Data Protection Act clearly states that all information held must be disclosed and it has no correlation to the Limitation act 1980 at all.

 

IF YOU ARE UNABLE TO DEAL WITH ANY PART OF THIS REQUEST, YOU SHOULD IMMEDIATELY FORWARD IT TO THE PERSON WITHIN YOUR ORGANISATION RESPONSIBLE FOR DATA PROTECTION.

 

I look forward to hearing from you in the first instance of receipt.

 

Yours faithfully

XXXXXXXXXXXXX

Enclosed: postal order in the sum of £10 (number xxxxxxxx)

Edited June 15, 2009 by sunflower99
personal details amended

[sunflower99]

Agree 4 does seem to relate to a second cardholder, but I know there are many similar quotes on my application forms that refer to the main cardholder. I have long wondered about this - they refer you to the T&Cs, but I know I never received any T&Cs until my card arrived, so how could I agree to something I have never seen?

 

Well worth eveyone having another squint at their agreements, I would think.....

Hi Undedog and diddydickey!

Yes that is an interesting point As you say they often refer to terms that were clearly not present on same document when card was signed for!

[sunflower99]

Why, thank you!.... [takes a thespian bow]

 

Now I'd better stop clogging up this thread - or I'm going to get cagboted:oops:

yes sorry for that folks! :)but CitB was getting a bit concerned that my legal thread was getting to big for me to get help easily and that the length of it might deter some legal peep from gettinting involved to help on thread but i am sorry about it and hope no one offended,Snoops has told me to do some revision on some of the dn notice laws etc! \I wonder what the next stage will be?I suppose Restons get a note about my embarresssed defence and repond to it and we get AQ forms !

[sunflower99]

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Edited July 21, 2009 by sunflower99

[sunflower99]

That is all the AQ forms and paperwork from court i received! Any advice about filling these out and opinions would be greatly appreciated!Thanks:)

[sunflower99]

Section A tick no to all

4 reasons The claimant has failed to substantiate this claim

Section B tick yes (if it has already been transferred to your local court) if it has write that in the box, if not write that you are unable to travel etc.

section C tick no. in the box write "This case is not covered by any approved pre-action protocol"

Section D Write the amount they are claiming, not including costs

applications tick no

witnesses write your name, and in brackets "myself"...in the other box write "all facts"

Experts tick no to the first question, leave the rest blank

Track fast track....leave the box blank

Section E 2 hours....fill in the rest if there are any dates you cant attend

Section F tick yes to 1st question...no to 2nd

Section G leave blank

Section H leave blank

Section I tick yes to the 1st question...no to the second

tick no to applications

in the big box write "please see attached section I"

 

Sign & date it etc.

[sunflower99]

I poached the above from one of Creditcardmug s very helpful posts on Dorabells thread, I belive all the ticks he advised Dorabell on her AQ equally applicable to my AQ form?Creditcardmug does contribute some extremely helpful posts to this forum!

Edited July 19, 2009 by sunflower99

[sunflower99]

Draft Order for Directions

 

1 The Claimant shall not later than 4:00pm on (date) (being a date 2 weeks from the date of the making of the case management directions) file and serve a verified true copy of each of the following documents mentioned in the Particulars of Claim

 

(a) the executed regulated consumer credit agreement made between the defendant and xxxxxxxxxxxxxxxxx under reference xxxxxxxxxxxxx together with any terms and conditions that applied to it, the original document must be brought to the hearing.

(b) the default notice together with proof of service the original document must be brought to the hearing

(d) a full and complete statement of account including all payments made and charges applied covering the period beginning with the day of the making of the agreement and ending on the date of the commencement of this case.

(e) any other documents on which the claimant will rely

 

2 In the event that the Claimant shall fail to comply with paragraph 1 of this order the claim shall stand struck out and the Defendant shall be at liberty without further order to apply to this court for judgment and for costs on the standard basis to be subject to detailed assessment proceedings if not agreed.

 

3 In the event of compliance with paragraph 1 of this order this case shall be allocated to the fast track and

 

4 The Defendant shall file and serve an Amended Defence by 4:00pm on (date) (being a date 6 weeks from the date of the making of the case management directions).

[sunflower99]

another poacing from Creditcardmugs post for same person! Do you think this will be ok for l on my AQ form,I suppose i could put in after where it says - the original must be brought to the hearing add under CPR direction 16 paragraph 7.3 so it reads the original must be brought to hearing under cpr directions 16 paragraph 7.3 ?

[sunflower99]

Oh thats a nice draft order suunflower, note they have to bring originals to hearing. hehe when do MBNA have originals ********** NEVER

 

PF

Hi Pompeyfaith! im afraid i quite shamelessly poached that direction from Creditcardmugs posts:eek: i do like his style! His advice is so direct easy to understand and gets straight to the point.His posts and advice always spot on and brilliant! Yes and as mine should be fast track they are even more under an obligation to cough up original documents

Edited July 19, 2009 by sunflower99

[sunflower99]

Dont worry! I will;)

[sunflower99]

Hi CiB Underdog Cashins and pompeyfaith thanks for all the moral support! ! so what i poached from Creditcardmug ok to put in my AQ forms?Also on form should i also adds some paragraphs why i am not happy with their response to my CPR 31.14 request as they will argue they complied by sending that bogpaper application form,Should i list all the faults i found with it and mention they refuse to respond to letters asking for confirmation that the front and other page they imply are overleaf are actually overleaf from same document or to confirm whether they had the Original! or to respond to my offer to travel up to their offices to view alleged agreement in my own time and expense?Or do i wait for when i neeed to fill out proper defence or witness statement and then start pulling CCA to pieces ?

[sunflower99]

Hi CitB

So do you think it would be a good idea for me to pm these three people and give them a link to this thread? i hope they willll not mind!