Mbna Cca ???

[LB145]

subbing - just dropping off teens will be back soon! Mums taxi service

[citizenB]

Ok, I have had it confirmed that you should just phone the court tomorrow if you can.. then confirm in writing that you had already advised the court of the dates you were unavailable and whatever decision regarding the date was made in the phone call.

[axxsabian]

Thanks, I will get my wife to call in the morning, Just another thing, Will i be able to speek for my wife on the day of the hearing cause she is not the confordent type ????

[citizenB]

Thanks, I will get my wife to call in the morning, Just another thing, Will i be able to speek for my wife on the day of the hearing cause she is not the confordent type ????

 

 

Here you go Mr axxsabian

 

I have copied both the link and the post over for you. diddydicky has shared the request to speak for his wife with us.. it is in post 51 of his very short thread.. It is an MBNA/Restons situation as well.

 

http://www.consumeractiongroup.co.uk/forum/legal-issues/242373-mbna-restons-diddydicky-case-6.html#post2976579

 

Claim:- xxxxx

 

 

 

|IN THE XXXXXXX county court

 

 

BETWEEN:-

 

 

 

XXXXX Bank Ltd

Claimant

 

(XXXX Solicitors Acting )

 

 

 

 

And

 

 

 

 

Mrs XXXX

Defendant

 

 

 

RE:- Claimants Application for Summary Judgement 10 June 2010

 

 

APPLICATION TO ALLOW LAY REPRESENTATIVE

 

 

 

I refer to the enclosed witness statements of both myself and my Husband in response to the claimants application for summary judgement .

 

I Am A litigant in person and cannot afford legal representation

 

My Husband XXXXXXXX has dealt with my financial affairs during XX years of marriage and although I understand the basic principles my husband has dealt on my behalf with this matter concerning XXXX and has a far better understanding of the Consumer Credit Act than I

 

I have been sick with worry with regard to hearings in the matter and have been depressed as a result of the thought of having to represent myself in court and am not confident enough to conduct my defence, ask questions or raise or test my opponents submissions or advance the appropriate legal arguments and feel that justice would not be served if I were required to conduct my own defence in court. Therefore I request the courts permission for my Husband Mr XXXXX to act as my lay representative in this matter.

 

 

 

Signed ………………………………........ ..... .. Date 7 June 2010

 

It would seem as though your Mrs axxsabian will have to confirm the request at the beginning of her witness statement. Post 52 on diddydicky's thread. If you follow the link above you will see how the witness statement was laid out as well.

 

Claim number XXXXX

 

In the XXXXXXXXXXXXx

 

 

BETWEEN:-

 

XXXXXXXXXX

Claimant

 

 

And

 

 

MRS XXXXXXXXXXX

Defendant

 

 

 

 

WITNESS STATEMENT

 

Of

 

XXXXXXXXXXXx age XX xxxxxxx of XXXXXXXXXXXXXXX I am the defendant in this action.

 

All communication in this matter between myself and the claimant has been undertaken by My husband Mr XXXXXXX, with my knowledge and consent - due to my lack of any legal knowledge or understanding of the legal process or issues involved . I request that the court allow my husband XXXXXXXXX to act for me in any court proceedings for the foregoing reasons and my unfamiliarity and unease with a court room situation. The facts contained in this statement are within my knowledge.

 

Signed ………………………………..... Dated XXXXXXX 2010

-----------------------------------------------------------------------------------------------------------------------------

 

 

 

 

Just ensure that both the above statements are personalised to your specific situation.

[LB145]

Hi axxsabian - Mr & Mrs

 

Hopefully mythread will give you some insight but I was under immense pressure the last few weeks I have had a heavy workload and hardly any sleep and spent many hours researching threads inbetween visiting Universities and really struggled with my WS for the summary judgement hearing, try and get yours started before the week that its due so that if you are in need of advice and assistance from "those in the know" there is enough time to make amendments unfortunately for me it was bad timing all round as no one was able to assist in my days of need and I have submitted it. Hindsight once I walked away from the court all the things I had meant to include sprung into my head! Numbering, the relevant cases etc. My only hope now is the Judge favours "blondes" (by the way this is my humour and I never mean to offend anyone!)

[wycombe]

Hi blueotter and thanks for looking at my post, Yes i am a home owner !! why do you ask ???.

Yes it does seem as though it would be an open and shut case but the words " Did you spend the money " are always stuck at the back of my mind and wonder sometimes if i'm doing the right thing,but then i read other posts and it all makes sense and makes all the hassle worth while I think !!!!!!!

 

If you are a homeowner it explains why Reston's/MBNA are chasing you so hard. If you had no assets they would have sold your debt on to a bottom feeding DCA for a fraction of the amount due.

 

You may find that they have already searched the Land Register and know you have a property. Further down the line, if they get that far, they will go for a Charging Order on your property. But don't panic that is a very long way off. First they will have to get a judgement against you. With your DN that looks unlikely. Whatever happens keep fighting and don't let them grind you down.

[axxsabian]

Thanks for all the above guys, I've just started to read through all the other threads and they make for some fantasic reading hope all goes well with them

By the way , This bloody restons lot are just a bunch of chancers and seem to win with the help of non understanding judges , These big companys dont like it when you start to fight back and challenge there documentation........ Little rant over

[axxsabian]

Thanks for the support WYCOMBE. i will endevour to keep strong and battle on, your thread is fasanating

[wycombe]

Thanks for all the above guys, I've just started to read through all the other threads and they make for some fantasic reading hope all goes well with them

By the way , This bloody restons lot are just a bunch of chancers and seem to win with the help of non understanding judges , These big companys dont like it when you start to fight back and challenge there documentation........ Little rant over

 

Whatever you do do not underestimate Reston's. Despite a lot of opinion you will see bandied about they are not a useless bunch of w*****s. They can be very formidable opponents:mad:.

 

Saying that though your case should not progress further than the faulty DN - just make sure you argue the point properly when it comes to doing so.

 

You should find there is a pattern to the Reston's cases. You will submit your defence then they will try and hit you with a Summary Judgement. If that fails it goes to trial - or they will withdraw before then if their case is on very rocky ground. In amongst all this they have a reputation for being sneaky and crafty so and so's so you need to be on your toes. Try and get things ready long before any deadlines so you are not chasing your tail getting things done at the last minute.

 

You should get all the help you need here to help you through this - so fight the good fight!!

[axxsabian]

Hello there guys, just an update, My wife spoke to the court this morning and advised the court manager that the hearing date was one of the dates we would not be availible as it was set out in the AQ , So the date has been cancelled and the court will set for another date.

 

I'm going to start on our wittness statements very soon.i will post up them up as soon as i get somewhere near.

 

Also, All comments on the DN would be great as this seems this will be my best defence and argument.

thank you

[citizenB]

That is good news you were able to get the court date changed.

[axxsabian]

Yes it is !! when my wife called the court they said they had read the AQ incorrectley and it was there mistake so all is ok

[supasnooper]

As wycombe has earlier advised, Restons do NOT play fair so you should always be prepared for the pile of tosh that they will throw at you at the last minute.

 

Here are three fine examples -

http://www.consumeractiongroup.co.uk/forum/dca-legal-successes/170484-fairbyblue-mbna-restons-court.html

 

http://www.consumeractiongroup.co.uk/forum/dca-legal-successes/124572-hfc-no-agreement-amended.html (not MBNA but has some good stuff from pt2537 in it)

 

http://www.consumeractiongroup.co.uk/forum/legal-issues/160395-restons-court-action.html

[axxsabian]

Thanks for the above , i'm looking through alot of threads at the minute and trying to take it all in and yes restons do play a hard , bullish , underhanded game at i will do my best to TRY and be as prepared as much as i can for the rubbish they will try !!!!!!!

[axxsabian]

Hi ther.not posted for a while ,we have been on a well earned rest for a few days and ready to take on the world .

We had a responce from the courts while we were away and they have changed the date of the hearing to the 25th august so better get my skates on with both the wittness statements

i will update soon

[axxsabian]

Hi guys , need a little help !!!!!

My wife has turned round and said that she does not want to go through with it all and doesn't want to turn up to court on the 25th !!!!!!!!!!!!!!

Could someone tell us what the ramafacations we would incurr for this course of action so my wife could see what the options are ??

[wycombe]

Hi guys , need a little help !!!!!

My wife has turned round and said that she does not want to go through with it all and doesn't want to turn up to court on the 25th !!!!!!!!!!!!!!

Could someone tell us what the ramafacations we would incurr for this course of action so my wife could see what the options are ??

 

MBNA will win and get the Summary Judgement. In very short order they will then go for a Charging Order on your property thus turning their unsecured debt into one secured on your property.

 

Convince your spouse that it is in your best interests to put in an appearance in Court. If you give up MBNA will walk all over you despite your apparent strengths with the defective DN. If the SJ is refused then there will be a fair gap to the next round for you to prepare a full defence - or plenty of time to review your options. IMHO you should not just let them win without putting your case.

Edited August 14, 2010 by wycombe
typo

[axxsabian]

Thank you so so much for that , i must admitt we both need a pep up at the mo

could you just confirm what you think is wrong with the DN so i can make some comparisons .

need to get our skates on now been realy realt stupid and left it to long to start all this just been so busy that work has just taken over

but no rest for the wicked hey

[wycombe]

Have a look again at post 12 and the links included. Get a calendar and work out days of service from posting to the date you are supposed to remedy the default - using 2nd class post. You should find that MBNA have given you insufficuent time to remedy the default. You must put them to strict proof regarding postal method and when actually posted. I'm off out so do not have the time to do this for you but you may find there is a clause mentioned as well which does not exist on your original application terms and conditions.

[wycombe]

A quick one before I go - have a look at this post as it shows you how to work out the DN dates.

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?245159-series3-v-MBNA-Optima&p=3085110&viewfull=1#post3085110

 

Post 108

Edited August 15, 2010 by wycombe
Info omitted

[Old Cogger]

Well it's been sometime now since i started this post so ithink its time i should continue as the situation has changed on the account.

I've been looking through my paper work and found the default notice would someone have a glance at it please

 

 

Dated 6th March 2009 - Friday, allow 4 working days (MBNA 2nd class UK Mail as Norm) say wednesday 11th march, start Thu 12th March - 14 days = 25th March 2009? to rectify. But clear days would be 26th March 2009?

[axxsabian]

Thanks so much for the above just confirmed it for me soooooooo i've just started on my wittness statements , my wife i have loosly based it around diddydickys wifes start of the statement.

also ive trowled all trough the threads looking at prscibed terms in the cca and must admitt im bog eyed and cant see the wood for the tree's could do with a bit of help if that would be ok

[LB145]

Put your WS statement up as soon as possible so that you can get advice - time runs really quickly when you are under pressure to meet deadlines. Good Luck

[axxsabian]

Sorry but i have finished my witnees statements they are ment to be with the court and Restons by this morning but not posted them yet, hope they are ok but we shall see what happens next wednesday !!!!!

[LB145]

Sorry but i have finished my witnees statements they are ment to be with the court and Restons by this morning but not posted them yet, hope they are ok but we shall see what happens next wednesday !!!!!

 

Are you able to deliver them to the court by hand? Be preapred once Restons get your WS they may send you a WS from an employee and then you will also get their costs by email to freak you out!