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MBNA / Reston's / County Court v Me !


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hi, just got a county court judgement come through today, i have links of what i recieved today below, anyone give me any advice on what i should now do, never had one of these before & am quite worried about it all to tell the truth ! Please Help !!!! i owe over 10k but i am out of work & on £60 a week JSA & a mortgage to pay ! I was originally phoned by someone at MBNA saying they would give me a settlement of £4k if i could pay up straight away but seeing as i was out of work i could not make the payment, i sent a recorded delivered letter asking for the CCA which was ignored so i sent a second recorded delivered letter requesting the CCA again but again i recieved nothing & then Reston's came into it asking for the money, i said the account was in default as MBNA had not fulfilled my request for the CCA which Reston's came back with that MBNA had not recieved any request from me for the CCA & if i did send them can i send them proof of postage, i then did this & they sent me back an unreadable CCA which had been shrunk to make it unreadable (link below), i then asked Reston's to send me a CCA that i could read & today the count court letter turned up on my doorstep (7 links of the county court letter below)!

 

http://i282.photobucket.com/albums/k...y/Restons1.jpg

 

http://i282.photobucket.com/albums/k...y/Restons2.jpg

 

http://i282.photobucket.com/albums/k...y/restons3.jpg

 

http://i282.photobucket.com/albums/k...y/Restons4.jpg

 

http://i282.photobucket.com/albums/k...y/Restons5.jpg

 

http://i282.photobucket.com/albums/k...y/Restons6.jpg

 

http://i282.photobucket.com/albums/k...Restons7-1.jpg

 

I was sent this county court judgement after initially being ignored by MBNA for my 2 requests for the CCA & then Restons taking over & asking for proof of requests sending which i sent & they came back with this copy:

 

http://i282.photobucket.com/albums/k...oy/001-3-2.jpg

 

which is unreadable & then i sent Reston's a request for a readable copy & and instead they sent the county court letter & nothing else !

 

WHAT CAN I DO ??????????????

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sorry i've just got notice, this is the first time this has happened to me & im running about like a headless chicken not knowing what to do !

The money is a large amount & i really do have no chance of paying it & i don't really know what to do & also what can happen to me !

 

Do i just fill in the forms they have given me with my budget details (in coning & out going) & do i also write to the court explaining about the CCA or are they not interested in CCA's ?

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Restons have also issued a claim against me - here's what i was advised

 

You do need to acknowledge the claim and ask for further time. You can do this online at the moneyline claim site. You need to enert the I am a defendant section and then enter your claim number and the password they issued you at the bottom of the claim form.

 

You have 14 days to acknowledge the service from date of issue. You have the option of asking for a futher 14 days when you do this, so tick that option.

 

You do need to send a SAR to MBNA asap and see what they have. A CPR might also be needed - depends on the amount they are claiming against you

 

I think a copy of the agreement scanned up would be useful too

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hi, ok i will do this straight away, on the Subject Access Request are there any templates for such a request letter or can you scan me yours as i am useless wording letters, also what is a CPR ? & the copy of the scanned agreement, the only copy i have is the shrunk copy Reston's sent to me:

http://i282.photobucket.com/albums/k...oy/001-3-2.jpg

i have tried enlarging this but it is impossible to read !

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thanks, is that 2 different templates ?

 

also what about mbna ignoring my request for the CCA then Reston's sending me an unreadable CCA although i can see that it is signed by me.

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just found this letter on this site:

 

In the Northampton County Court

Claimant -v-

Claim Number:

 

 

Dear Sir/Madam

 

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. 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.

 

 

1.1 If copies of any of the above documents are to be relied on in court rather than originals, a copy of the Notice of proposal to adduce hearsay evidence required under s2 (1) of the Civil Evidence Act 1995 together with proof of the authenticity of the document(s) as required under s8 (1) (b) of the Act, including but not limited to:

 

 

(a) A copy of the procedure(s) used for copying, storing and retrieving documents

 

(b) A copy of the relevant log entry showing the time and date of the scan or copy, the name of the member of staff making the copy, the method used for copying, storage and retrieval and time and date of destruction of the original document(s)

 

© Copies of internal and external audit reports covering the entire period from the date of the copy to the present to demonstrate that the procedures have been complied with

 

(d) Copies of Quality Assurance accreditation certificates covering the entire period from the date of the copy to the present to demonstrate that the procedure(s) and audit process (es) comply with the appropriate quality standards

 

 

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 MBNA Europe Bank PLC.

 

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

 

d. 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.

 

e. 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.

 

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

 

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

 

h. 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 and counter claim.

 

Yours sincerely,

 

 

would letter be a good choice to send ?

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The claim is really quite vague, so you'll probably best to go for the CPR18...Did you ever receive a default notice at all ? Send the CPR - 18 recorded delivery ASAP to the sols. Keep to the timescales....acknowledge online (as this is Northampton) do this within 14 days of the date on the claimform...state that you want to defend all, then you get a further 14+3 days in which to submit your defence, but send the CPR first and do spend some time reading around these forums....

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I'd also send a CCA request off to MBNA also - http://www.consumerforums.com/resources/templates-library/86-debt-collectors/581-cca-request-letter send this recorded delivery, don't hand sign it and enclose a £1 postal order....and do read this thread also - http://consumeractiongroup.co.uk/resources/templates-library/86-debt-collectors/609-mbna-agreementsapplication-forms

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hi, right, im not clued up about this at all so bear with me & firgive my ignorance..

 

i did recieve a default notice

what is a CPR 18 ? & where do i get it ?

i don't have a solicitor as it will cost me more money that i don't have.

i have already asked MBNA for a CCA by recorded delivery post which was completely ignored, i then sent them a second recorded delivery request after 21 days giving them 14 days to comply & on the 14th day i recieved a letter from Reston's saying they are taking over the claim.

I then write to Reston's saying that the account is in default as MBNA had not met my request for the CCA.

Reston's then write back to me saying MBNA have no acknowledgement of my request & could i provide copies of the requests & proof of posting which i sent to them

Reston's then came back with a copy of the CCA (link below)

 

http://i282.photobucket.com/albums/kk278/yid-old-boy/001-3-2.jpg

 

which was shrunk & unreadable although it was my signature. I wrote to Reston's with my budget chart of my outgoings & incomings & asking for a CCA which i could read & the next thing i received was the County Court notice !

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Can you post up the default notice please ? leave the dates on but delete the amounts and any adresses and reference numbers....the CPR 18 is exactly what you typed up in post 10 above !!

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CPR is short for Civil Proceedure Rules and 18 is the number you are writing under.

 

Have you sent the follow on letter to MBNA when they ran out of time on the CCA request (12 + 2 working days from their receipt). Do you have proof of delivery to them, you can check this by going online to Royal Mail and putting in the reference from your Recorded Delivery Slip.

 

Assuming you get proof of receipt then you need to send the 'Account in Dispute' letter asap. (Will find it if no-one else comes up with it first). If you have no proof of address, it may now be better to go down a different route with reference to your up coming Court Defence of their Claim.

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Default notice looks ok....

 

I'm not sure if it necessarily was - if they sent it first class it was because it would arrive on the 9th BUT if it went second class it would arrive on the 15th of April - don't forget Good Friday was the 10th and Easter Monday the 13th - so the whole Easter Weekend does not count

 

I thought that MBNA send their notices out by 2nd class post

If I've helped feel free to add to my reputation.

 

I am not a Practising Lawyer. My comments are my opinion only. You should not rely upon those comments and should always take your own professional advice from a practising Solicitor or Barrister

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OP - if you actually received the DN you didn't happen to keep the envelope it came in did you?

If I've helped feel free to add to my reputation.

 

I am not a Practising Lawyer. My comments are my opinion only. You should not rely upon those comments and should always take your own professional advice from a practising Solicitor or Barrister

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hi senior, yes this is the follow up letter for my CCA:

 

http://i282.photobucket.com/albums/kk278/yid-old-boy/MBNA2ndCCAa.jpg

http://i282.photobucket.com/albums/kk278/yid-old-boy/MBNA2ndCCAb.jpg

 

i dated the above 2nd request on 10.4.09 which was the dat they would have received is as i posted it on the 9th & gave them 14 days to comply which would have taken that to the 24.04.09.

 

& this is the first request which i send MBNA for the CCA:

 

http://i282.photobucket.com/albums/kk278/yid-old-boy/MBNA1stCCA.jpg

 

both my requests were ignored by MBNA the Reston's sent me the following unreadable CCA although i could recognise my signature from it but that was all:

 

http://i282.photobucket.com/albums/kk278/yid-old-boy/001-3-2.jpg

 

thanks for all your help on here

it is much appreciated !

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