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    • If anybody has any advice here, it would be greatly appreciated, I already suffer with pre-existing disabilities & have struggled with this so far. 
    • so return of goods order etc etc read upload  scan pages to jpg, redact in mspaint. the convert to and merge to one mass PDF  read upload and use the online listed sites for all 3 stages. do you want to keep the car? i will guess this was a manual paper claimform direct from the co.court or was it org sent from salford bulk processing and has just got reaq ssigned?      
    • Speaking of the reformatory boys, here they are with all of their supporters, some of whom traveled with them from miles away, all carefully crammed together and photographed to look like there were more than about 80 .. rather like Farages last rally with even fewer people crammed around what looked like an ice cream van or mobile tea bar ... Although a number in the crowd apparently thought they were at a vintage car rally as they appeared to be chanting 'crank-her'. A vintage Bentley must be out of view.   Is this all there is? Its less than the Tory candidate. - shut up and smile while they get a camera angle that looks better
    • in order for us to help you we require the following information:- Which Court have you received the claim from ? Canterbury Name of the Claimant ? Moneybarn No 1   How many defendant's  joint or self ? One Date of issue –  29/05/24 Acknowledged by 14/06/24  Defence by 29/06/24  Particulars of Claim PARTICULARS OF CLAIM 1.  By a Conditional Sale Agreement in writing made on 25th August 2022. Between the Claimant and Defendant, the Claimant let to the Defendant on Conditional Sale. A Ford Ranger 3.2 TDCi (200 P S) 4x4 Wildtrack Double Cab Pickup 3200cc (Sep.2015) Registration No, ******* Chassis number ***************** (“The Vehicle”).  A copy of the agreement is attached  2.  The price of the goods was £15,995.00. The Initial Rental was £8500.00.  The total charge for credit was £3575.;17 And the balance of £11,070.17 was payable by 59 equal consecutive monthly instalments of £187 63. payable on the 25th of each month. 3.  The following were expressed conditions of the set agreement, Clause 8: Our Right to End this Agreement  8.1   Subject to sending you the notice as required by law, any of the following events will entitle us to end this Agreement: 8.1.2  You fail to pay the advance payment (if any) or any of the payments as specified on the front page of this agreement or any other sum payable under this Agreement. 8.1.3 If any of the information you have given us before entering into this Agreement or during the term of this Agreement was false 8.1.4 We consider, acting reasonably, that the goods may be in jeopardy or that our rights in the goods may otherwise be prejudiced. 8.1.5 If you die 8.1.6 If a bankruptcy petition is presented against you; if you petition for your own bankruptcy, or make a live arrangement with your creditors or call a meeting of them. 8. 1.7 If in Scotland, you become insolvent or sequestration or a receiver, judicial factor or trustee to be appointed over any of your estate, or effects or suffer an arrestment, charge attachment or other diligence to be issued or levied on any of your estate or effects or suffer any exercise, or threatened exercise of landlords hype hypothec 8.1.8 If you are a partnership, you are dissolved 8.1.9 If the goods are destroyed, lost, stolen and/or treated by the insurer as a total loss in response to an insurance claim. 8.1.10 If we reasonably believe any payment made to us in respect of this Agreement is a proceed of crime. 8.1.11 If steps are taken by us to terminate any other agreement which you have entered into with us. Clause 9.  Effect of Us Terminating Agreement 9.1 If this Agreement terminates under clause 8 the following will apply 9.1.1 Subject to the rights given to you by law, you will no longer be entitled to possession of the goods and must return them to us to an address as we may reasonably specify, (removing or commencing the removal of any cherished plates) together with a V5 registration certificate, both sets of keys and a service record book. If you are unable or unwilling to return the goods to us then we shall collect the goods and we'll charge you in accordance with clause 10.3 9.1.2 We will be entitled to immediate payment from you for all payments and all other sums do under this agreement at the date of termination 9.1.3 We will sell the goods or public sale at the earliest opportunity once the goods are in a reasonable condition which includes a return of the items listed in clause 7.1.4 9.1.4 We will be entitled to immediate payment from you of the rest of the Total Amount Payable under this agreement less: ( a) A rebate for early settlement ias required by law which will be calculated and notified to you at the time of payment (b) The proceeds of sale of the goods (if any) after deduction of all costs associated with finding you and/or the goods, recovery, refurbishment and repair. Insurance, storage, sale, agents fees, cherished plate removal, replacement keys, costs associated with obtaining service history for the goods and in relation to obtaining a duplicate V5 registration certificate 4, The following are particulars required by Civil Procedure Rules. Rule 7.9 as set out in 7.1 and 7.2 of the associated Practice Direction entitled Hire Purchase Claims:- a)     The agreement is dated 25 August 2022. And is between Moneybarn No1 Limited  and xxxxxxxxx under agreement  number xxxxxx. b)    The claimant was one of the original parties to the agreement. c)    The agreement is regulated under the Consumer Credit Act 1974. d)    The goods claimed Ford Ranger 3.2 TDCi ( 200 PS) 4x4 Wildtrack Double Cab Pickup 3200 cc (Sep2015} Registration No ^^^^^^^ Chassis number ***************** e)     The total price of the goods £19570 f)     The paid up sum £1206 5 g)    The unpaid balance of the total price £7505 (to include charges) h)    A default notice was sent to the defendant on 20th February 2024 by First class post i)      The date when the right to demand delivery of the goods accrued 14 March 2024 j)      The amount if any claimed as an alternative to delivery of the goods 7505 22 include charges 5.  At the date of service of the notice the instalments were £562.89 in arrears. 6. By reason of the Termination of the Agreement by the notice, defendant became liable to pay the sum of £7502 7. The date of maturity the agreement is 24th August 2027. 8. Further or alternative by reasons of  the Defendant breaches of the agreement by failing to pay the said instalments, the Defendant evinced an intention no longer to be bound by the Agreement and repudiated it by the said Notice the claimant accepted that repudiation 9. By reason of such repudiation the claimant has suffered loss and damage. Total amount payable £19570 Less sum paid or in arrears by the date of repudiation £12064 97 Balance £7505 (to include charges.) ( The claimant will give credit if necessary for the value of the vehicle if recovered.)  The claimant therefore claims 1.    An order for delivery up of the vehicle 2.    The MoneyClaim to be adjourned generally with liberty to restore,  Upon restoration of the MoneyClaim following return or loss of the vehicle. the Claimant will ensure the pre action protocol for debt claims is followed. 3.    Pursuant to s 90 (1)  of the Consumer Credit Act 1974. An order that the Claimant and/or its agents may enter any premises in which the vehicle is situated in order to recover the vehicle should it not be returned by the Defendant 4.    further or alternatively damages 5.    costs Statement of truth The Claimant believes that the facts stated in these Particulars of Claim are true. The Claimant understands that the proceedings for contempt of court may be brought against anyone who makes or causes to be made a false statement in the document for verified by statement of truth without an honest belief in its truth. I am duly Authorised by the Claimant to sign these Particulars of Claim signed Dated 17th of April 2024  What is the total value of the claim? 7502   Have you received prior notice of a claim being issued pursuant to paragraph 3 of the PAPDC (Pre Action Protocol) ? No   Never heard of this   Have you changed your address since the time at which the debt referred to in the claim was allegedly incurred? No   Did you inform the claimant of your change of address? n/a Is the claim for - a Bank Account (Overdraft) or credit card or loan or catalogue or mobile phone account? No   When did you enter into the original agreement before or after April 2007 ? After  Do you recall how you entered into the agreement...On line /In branch/By post ? In a garage  Is the debt showing on your credit reference files (Experian/Equifax /Etc...) ? Yes  Has the claim been issued by the original creditor or was the account assigned and it is the Debt purchaser who has issued the claim. Original Were you aware the account had been assigned – did you receive a Notice of Assignment? n/a   Did you receive a Default Notice from the original creditor? They said sent but nor received   Have you been receiving statutory notices headed “Notice of Sums in Arrears”  or " Notice of Arrears "– at least once a year ? None seen   Why did you cease payments? Still Paying,   What was the date of your last payment? Yesterday  31st May 2024   Was there a dispute with the original creditor that remains unresolved? No   Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management plan? Yes on 12 Feb 2024   What you need to do now.   Can't scan, will do via another means as you cant have jpg  
    • Now that is an interesting article which adds afew perspective that I hadn't thought significant - but on reflection of the perspectives offered ... Now Starmer is no Blair, however 'blairite he may be perceived, but the Tories aren't tories and aren't even remotely liberal   The fast 'unannounced and unexpected election call from sunack may well be explained by the opinion linked that he hoped reform would be unprepared and effectively call a chunk of Farages largely empty bluster - making him look even more of a prat, leave scope for attacks on shabby reform candidates and mimimise core vote losses to reform - while throwing the 'middle ground' (relative) tories TO THE DOGS - and with the added bonus of likely pacifying his missu' desire to jogg off to sunny cal tout suite somewhat   thumb in the air - I expect about 140ish tory seats, but can hope for under a hundred Reform - got to admit the outside possibility of 1, maybe 2 seats with about 8% of the vote - but unlikely. I think projections of over 10% of the vote for reform is nudged and paid for speculation - but possible with the expected massive drives from Russian, Chinese and far right social media bot and troll prods targeting the gullible.
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Mbna Cca ???


axxsabian
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Hi there people, well things have just hooted up a bit, recived a court claim from RESTONS on behalf of MBNA today

so reading through the post that i have done

my next move is to do an acknowledgement of service on line and defend all as soon as possilble,

Then send a cpr 31.14 letter of to restons for disclosure of documents.

Just trying to get to gripps with it all, i've read so much over the past months on what to do when the claim form comes through the letter box , now it's time to spring into action and put all that usefull knowledge that i have squeezed in to my tiny brain from you good peole on here into practice2uo422h.jpg

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Well MBNA recieved my SAR on the 02/03/2010 so by reconing that only gives them another 4 days to comply with the 40 days allowed.

Would someone be able to guide me in the way if they dont respond to my SAR .

Also RESTONS recieved my CPR 31.14 request today.

From what i have read on other threads i dont hold out much hope on them responding before we have to get our defence in, but we will see

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Today i received a letter back from restons in reply to cpr request.

I know the items they have listed are not in the POC but they have not included in there letter any documents relating to my request , so would the be classed as a delaying tactic by restons which i have read so much ehaow9.jpg

Edited by axxsabian
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Oh dear !

 

I see the "Litigation Executives" have been busy recently.

 

Lets take their response to the CPR 31.14 first.

 

A "Statement Of Case" is covered in CPR 16 PART 16 - STATEMENTS OF CASE - Ministry of Justice

 

and could be defined as such - "A statement of case is any of a number of formal documents used in the courts of England and Wales. The Particulars of Claim, Defence and Reply are all statements of case."

 

However, I am not aware of what docs you did request under CPR 31.14 as it only covers the ones mentioned in the Particulars of Claim.

 

Any other docs should be asked for under CPR 18.

 

Write back to MBNA asking for the DN as they have not fully complied with the SAR.

Edited by supasnooper
typo
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Thanks for your responce snoops, in the CPR letter i requested my CCA and default notice but the above letter is what they sent me.

Even though MBNA have sent me my docs required by my SAR, Do RESTONS still have to send me the documentation asked for as MBNA sent the SAR to me by special delivery so RESTONS will know i hold the documents ( minus the DN )

OR

Do i just sit and wait to see if Restons come up with the required docs and if they dont , submit a embar defence ???

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Hi axxsabian, your progress is ticking along the same lines mine & many others did/do, (for me it all began Jan2009) http://www.consumeractiongroup.co.uk/forum/legal-issues/185814-d-judge-made-wrong.html. Glad you seem to be knowledgeable on your readings around the forums from the goings on & stunts/stalling tactics of this duo already.

 

You are right in the point you raised that you should have the information supplied in response to your CPR request from Restons. It is common though to submit an embarrassed defence at the first hurdle tho (you can always request an amended one at a later stage). The important thing is is to make sure you get your defence in on time now, all be it an embarrassed one if you have to. :rolleyes:

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Thanks MDAW, Got all the dates in my diary and everywhere i can put them so i don't forget to submit on time.

Reading about Restons and MBNA they make quite a good crime duo, Everything they do is so borderline or not to time scale , it just amazes me how they have got judgements against fellow caggers on such dodgy grounds but like most cases it just depends on what DJ you get.

So i suppose i'll just have to see if/what Restons come back with

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OK all , well nothing else has come back from Restons so i take it that this is the only response i am going to receive from them so, as my dead line to submit the defence looms i suppose an embarrassed is the way to go, i think its abit to late to cpr 18 them for the docs i asked for in my cpr 31.14, any opinions

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Hi guys, well my time is nearly up to submit my defence, just looking through the site for some useful pointers /hints for my defence.

Have any of you out there got any tips on how i should set it out before i finalise my defence.

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By 4pm.

 

Theres no shortage of examples of defence in the MBNA forum.

Have a happy and prosperous 2013 by avoiiding Payday loans. If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.Before you decide,consider the users here who have already offered help and support.

Advice offered by Martin3030 is not supported by any legal training or qualification.Members are advised to use the services of fully insured legal professionals when needed.

 

 

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Thanks martin 3030, There are a lot out there !! going to submit an embarrassed defence but don't know whether to put a defence in with case law or just keep it short and sweet, got to make a decision and soon .

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Thanks martin 3030, There are a lot out there !! going to submit an embarrassed defence but don't know whether to put a defence in with case law or just keep it short and sweet, got to make a decision and soon .

 

Righto, well an embarrassed defence is just that, embarrassed. If you shunt in loads of case law then it will be assumed that you do have the documents you require to defend yourself !

 

I think you should have read the following thread..

 

http://www.consumeractiongroup.co.uk/forum/legal-issues/241827-legal-action-how-start.html

 

However, I think you have now left this a bit too late.. so you can use the following, I have tried to adapt it in respect of the information you have given. But make any other changes that you feel are necessary.

 

Defence

 

1. I xxxxxxxxx of xxxxxxxxxxxxx am the defendant in this action and make the following statement as my defence to the claim made by xxxxxxxxxxxx

 

2. The Defendant is embarrassed in pleading to the Particulars of Claim as it stands at present, inter alia: -

 

3. The claimants' particulars of claims disclose no legal cause of action and they are embarrassing to the defendant as the claimant's statement of case is insufficiently particularised and does not comply or even attempt to comply with CPR part 16. In this regard I wish to draw the courts attention to the following matters;

 

a) The Particulars of Claim are vague and insufficient and do not disclose an adequate statement of facts relating to or proceeding the alleged cause of action. No particulars are offered in relation to the nature of the written agreement referred to, the method the claimant calculated any outstanding sums due, or any other matters necessary to substantiate the claimant's claim.

 

b) A copy of the purported written agreement that the claimant cites in the Particulars of Claim, and which appears to form the basis upon which these proceedings have been brought, has not been served attached to the claim form.

 

c) A copy of any evidence of both the scope and nature of any default, and proof of any amount outstanding on the alleged accounts, has not been served attached to the claim form.

 

4. On receipt of the claim form the defendant sent a request for a copy of the agreement which forms the basis of this claim. The Claimant has failed to provide this.

 

5. Consequently, I deny all allegations on the particulars of claim and put the claimant to strict proof thereof

6. Furthermore, 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;

 

7. I respectfully request the court’s permission to submit an amended defence should the claimant file a fully particularised Particulars of Claim

 

 

 

I am assuming you are filing your defence on line. The above is well within the 8,000 characters allowed for this.

 

Restons will go for a default judgement if you dont file on time. So do make sure that it is on time.

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Thanks for that that is a big help but i've just dropped a big clanger, Icant remember my my customer id for the mcol service to submit my defence, and i've been trying to remember it for the last 2 hours now and MCOL have just shut down for maintenance:eek::eek::eek:

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Sorry guys just me being a numpty logged on to the wrong web site, so all is good , filed my defence on line, just like to say thank you to all the caggers that have help me so far you have all been a god send :D and hope i can count on your expertise when this case furthers :D

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Hi there , just a quick update.

Yesterday received acknowledgement from the courts of receipt of my defence giving 28 days for Restons to respond , will just have to see what they come back with.

Also regards to my default notice, as MBNA did not send one within the cpr request and i have a the original, do i tell them i have a copy !!! ,or will it work in my advantage if i just keep shtumb ???

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  • 3 weeks later...

Hi there people sorry its been a while but been so busy, just a quick update. I have had a response from Restons to my defence i filed on-line together with all the documents i requested in my cpr request.

Here is the covering letter that came from them

dqhuup.jpg

All that they have sent is correct even the reconstructed CCA and default notice which is the same as the one in my earlier post and this will be the bases of my amended defence now i have in front of me what they have to base there proceedings on !!!!!! any thoughts before i proceed would be appreciated , Thanks

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Hi, just another update received my AQ and i'm hoping that someone help with filling it out also do i need to put my amended defence in now or can i include it with the " other information " part of my aq, thanks

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Also just thinking !!!! as i have only submitted a ED would i be able to send restons a letter asking them if we could come to some arrangement before the case hit the courts. sorry for all this panic , i thought i had it all in hand but now i'm getting in a bit of a tiss :-(

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