Restons MBNA v WelshMam2009

[WelshMam2009]

I have received the following from Restons threatening that a summons WILL be issued.

 

A CCA request produced only current terms and conditions and a SAR produced an extremely illegible faxed copy of an application form. A request for a better copy has been ignored.

 

The total outstanding is less than £5k. Am I correct in assuming that this should be allocated to the small claims court and that I should not be eligible for their legal fees? (aside from court costs)

 

Also, I am confused as to whether or not this account has been terminated. On the one hand they want immediate payment but then in the next breath they state that their Client may be prepared to accept instalments!!

 

Any advice as to how I should reply please?

 

Many thanks.

 

[42man]

You could send this to Restons (recorded)

 

http://www.consumerforums.com/resources/templates-library/86-debt-collectors/575-letter-to-solicitors-threatening-legal-action-in-default-of-agreement-request-

[WelshMam2009]

Thanks for that 42Man...will take a look.

 

This is all I have by way of agreement from my SAR...the first page is simply personal info...

 

[SB100]

I sent a similar letter but its likely Restons will issue regardless. However, from what they've sent you so far you're in a pretty good position to defend.

 

If you haven't done so already, a Subject Access Request is in order- or as they're threatening an application under the CPR might be more appropriate- and not cost you money either!

 

You're in good company here- the CAG'ers are currently helping me massively with Restons / HFC.

 

http://www.consumeractiongroup.co.uk/forum/legal-issues/199150-sb100-hfc-default-compliant-4.html

[WelshMam2009]

I sent a similar letter but its likely Restons will issue regardless. However, from what they've sent you so far you're in a pretty good position to defend.

 

If you haven't done so already, a Subject Access Request is in order- or as they're threatening an application under the CPR might be more appropriate- and not cost you money either!

 

You're in good company here- the CAG'ers are currently helping me massively with Restons / HFC.

 

Thanks SB100..it's good to know I'm not alone!!

 

Yes, from what I've read about Restons they will issue regardless which is why I need to be prepared.

 

Sunflower99 sent this after receiving the same Restons letter above and I was planning to modify to suit incorporating 42Man's suggested letter also.

 

Dear Sir,

 

Re :

 

THIS IS A REQUEST UNDER THE CIVIL PROCEDURE RULES.

PLEASE DO NOT IGNORE.

 

I am in receipt of your letter dated (whenever, if a second class mail service was used mention it here), this was received on (whenever).

 

You have indicated that you are planning on applying for a summons in order to have a judgement entered against me.

 

I am sure that you are aware that I have long since requested from your client, under both the Consumer Credit Act 1974 (The Act) and the Data Protection Act 1998, a copy of the agreement to which both you and your client allege I am a signatory. To date this has not been provided to me and whilst I appreciate your client has endeavoured to persuade me that the provision of a copy of an application form is sufficient to discharge your client from further obligations under section 78 of the Act. Likewise I too have explained that the mere provision of a copy of an application form is not a legally permissible substitute for the provision of a true copy of the executed agreement as required under section 78 of the Act and as prescribed by Regulation 3 Consumer Credit (Cancellation Notices and Copies of Documents) Regulations 1983.

 

I am sure you are also aware that under section 78(6) of the Act, whilst a creditor is in default of a request made under sub-section (1) they may not enforce the agreement.

 

Notwithstanding the foregoing and your client's persistent, unexplained and wilful refusal to supply a copy of the executed agreement in accordance with its obligations (the permitted omissions under Regulation 3(2) excepted), your client has made plain its intention to begin legal proceedings against me. In consequence this matter may now be treated as one which is subject to the control of the Civil Procedure Rules.

 

Take notice therefore that under CPR Practice Direction - Protocols paragraph 4.6(a) and (d), I request that you supply copies of the following documents:

 

[1] A true copy of the executed credit agreement incorporating prescribed notices, terms and conditions applicable at the time the agreement was executed and

[2] Any further or subsequent notices, terms and conditions relied upon.

 

Please note that my request under the Practice Direction is not a request for production within the confines of the Act and Regulations but rather, it is for a copy of the executed agreement, including signatures and all such other notices, terms and conditions as will be relied upon in the event that your client shall begin a claim.

 

A copy of the documents I have requested should be supplied to me within 14 days and you are urged not to begin proceedings for a period of not less than 14 days following the supply of those documents to me.

 

Should your client elect to ignore my request under the Practice Direction and commence proceedings, it is likely that I shall repeat my request for the provision of documents under CPR 31.14. In the event that your client should fail to comply with my CPR 31.14 request, I will not hesitate in making an application to the court for an order that further proceedings upon the claim be stayed pending provision of the requisite documents, in the course of which application I will of course refer to this and previous requests for the provision of copy documents.

 

I look forward to hearing from you within the time stated.

 

Yours faithfully,

[citizenB]

Hi welshmam,

 

Dont send the letter in post 5. Since Sunflower sent that, there have been amendments to the practice directions and we havent quite worked out which protocols are now correct. Apart from which, that letter had some good results initially, but now it just being ignored:(

 

I would send the letter that 42man has suggested and IF they do send a claim form in the near future, you should immediately send off surfaceagentx20's letter from the 1st post in the following thread...

 

http://www.consumeractiongroup.co.uk/forum/legal-issues/159445-getting-them-reveal-their.html

 

I think the document they sent you looks pretty yukky, have you chopped anything off the top when scanning it, because there doesnt appear to be any headers ?

[the_shadow]

Hi welshmam,

I think the document they sent you looks pretty yukky, have you chopped anything off the top when scanning it, because there doesnt appear to be any headers ?

 

or be signed by them.

 

S.

[cashins]

Yes, from what I've read about Restons they will issue regardless which is why I need to be prepared.

 

 

Yes you do, however I have seen posts in the past where they huffed & puffed but didn't actually issue or gave up along they way.

 

David

[WelshMam2009]

Thank you ALL so much for your support guys...you are all truly fabulous!!

 

I think the document they sent you looks pretty yukky, have you chopped anything off the top when scanning it, because there doesnt appear to be any headers ?

 

or be signed by them.

 

S.

 

Thanks Shadow...I hadn't noticed that!!

 

 

This is the front of the agreement...spot the header time!!!

 

Maybe they have a better copy...but if so, then let's see it!!

 

Edited July 3, 2009 by WelshMam2009

[WelshMam2009]

Yes you do, however I have seen posts in the past where they huffed & puffed but didn't actually issue or gave up along they way.

 

David

 

Thanks David...that's reassuring to know!!