Mbna Cca ???

[axxsabian]

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 practice

Edited March 30, 2010 by axxsabian

[axxsabian]

bumping

[axxsabian]

Sorry bumping again for clarification

[axxsabian]

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

[axxsabian]

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

Edited April 12, 2010 by axxsabian

[axxsabian]

Also received my SAR response today which includes my cca, coms log and account statements but does not include any default notice.

[supasnooper]

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 July 13, 2010 by supasnooper
typo

[axxsabian]

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 ???

Edited April 13, 2010 by axxsabian

[axxsabian]

bump

[Mydogsawestie]

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.

[axxsabian]

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

[axxsabian]

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

[axxsabian]

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.

[axxsabian]

Also, does my defence have to be in by the end of the allotted day or first thing on the morning ??

[MARTIN3030]

By 4pm.

 

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

[axxsabian]

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 .

[citizenB]

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.

[axxsabian]

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:

[supasnooper]

It will be on the paperwork that came with the Particulars of Claim.

 

If you cannot find it, give Northampton CBCC a call tomorrow and ask if they will accept your defence by fax.

[axxsabian]

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 and hope i can count on your expertise when this case furthers

[axxsabian]

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 ???

[axxsabian]

bump !!!

[axxsabian]

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

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

Edited June 6, 2010 by axxsabian

[axxsabian]

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

[axxsabian]

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