MBNA/Restons Claimforms - 2 MBNA Cards **DISCONTINUED***

[royalblue1878]

Hi,

 

Thanks for your responses.

 

The Acknowledgment of Service has been sent for both accounts. Yikes, all this is starting to get real now!

 

Cheers again,

 

Royal.

[bazaar]

Now it passes into the 'who blinks first' game

[the_shadow]

Hi Royalblue,

 

Can I ask how old these accounts are?

 

IMO you'll need to send off CPR 31.14 letters for both claims separately by recorded delivery and you'll need to adapt the letter to request the Agreement in both letters. Link to letter to adapt here

 

You'll also need to SAR MBNA which will cost £10 unfortunately and this also should be sent recorded delivery (proof of posting at minimum if not)

 

S.

 

EDIT: Just to add they may moan about you needing to pay two £10 for the SAR this isnt correct, a SAR is to get all information they hold on you, not by account.

Edited September 9, 2009 by the_shadow

[royalblue1878]

Hi Shadow,

 

Thanks,

 

One account dates back to 2003 the other 1994.

 

Cheers,

 

Royal.

[royalblue1878]

Hi All,

 

Do I send the CPR 14 to Restons the solicitors or MBNA the claimant?

 

Cheers,

 

Royal.

[supasnooper]

CPR 31.14 letter goes to Restons.......send unsigned and by Recorded Delivery

[royalblue1878]

 

Both CPR requests have been made to Restons although I have not heard back yet. (just over a week)

 

What action should I take if it does not arrive in a day or two?

 

Also the mail (recorded) may have been affected by the various strikes that are going on, where does this leave me?

 

I still have not heard from Restons RE my CPR 31.14 request.

 

What should be my next step?

 

Thanks,

 

Royal.

[bazaar]

How long did you give them on the CPR? give them a bit of leeway because of the postal strikes, but keep checking the royal mail site for delivery, (it takes a few days to register). You cant file anything other than an embarrassed defence unless they produce documents.

[royalblue1878]

Hi Bazaar

 

I Posted the CPR on September 10th. I have just dug my receipt out and it appears it hasn't arrived at Reston's office yet!

 

My court papers were dated 2nd Sep, so I believe I have until 4th or 5th Oct (28 + 5) before my embarrassed defence has to be in. Is that right?

 

Is there a good link or is it possible to for you/someone to describe what I need to do regarding the embarressed defence?

 

Also should I send another CPR.14 or wait for a bit longer to see if they get it?

 

I got a funny letter from DML (barclaycard) the other day demanding over 5k with a note on the giro slip saying cheque not acceptable! I dare say a new thread for those guys will be started soon. I haven't bothered to speak or write to them yet as they are the 4th company to contact me over that card (after Barclays, Mercers, Calder and now DML). They have my original inc/exp forms and nothing has changed.

 

Thanks for your help !

 

Royal.

[supasnooper]

It depends on how aggressive and how much money you have, if you wish to pursue 31.14 compliance.

 

However, I would wait until the AQ stage amd ask the court to order Restons to supply you with the necessary docuumentation.

 

If Restons elect not to comply with the CPR request you can mention this in your defence statement.....

 

Have good look around the site to read up on how these solicitors operate so you know what you're up against.

[royalblue1878]

I have searched for 'AQ Stage' and have found N150 Allocation Questionnaire, is that what AQ stage is ? And when does it reach this stage?

 

I have very little spare cash so probably couldn't afford to any action you are alluding to.

 

If it seems by the post office track and trace that they have not received CPR 31.14 should I send another request? or is proof of postage good enough at this stage?

 

Thanks again,

 

Royal.

[supasnooper]

Proof of postage will be good enough for a Judge.

 

The AQ stage comes after your defence has been submitted and the claimant wishes to proceed having read your defence.

 

BTW - never; ever; hold your breath expecting Restons to comply with timescales............

[royalblue1878]

I need a bit of help with my defence that needs to be in by next Monday.

 

Nothing from Restons yet RE CPR 31.14, So I need some form of embarrassed defence but do not know what to put!

 

I have found a post on a thread from Sunflower which includes his defence

http://www.consumeractiongroup.co.uk/forum/legal-issues/199523-restons-mbna-issued-court-4.html

 

Should mine be the same? I don't quite understand the first part of the defence....

 

>>'DEFENCE

1. The particulars of claim discloses no cause of action and are self evidently an abuse of process, in that they fail to deal with the basic rules of pleading in accordance with the CPR (even allowing for the constraints of the bulk issue system).'>>

 

Is the above just another way of saying that they haven't complied with CPR 31.14?

 

I have been looking at lots of other threads but keep getting lost in the enormity of it all!

 

Thanks in advance.

 

Royal.

[Mydogsawestie]

Hi your welcome to my defence (based on the 8000 characters which you can only post online) as I had dealings with this bunch of muppets earlier this year....& with the help of the caggers onboard it has progressed quite well so far......(fingers crossed)http://www.consumeractiongroup.co.uk/forum/legal-issues/185814-court-papers-help-required.html

 

edit as you see fit....

Defence 8000 characters MDAW.doc

[Docman]

royalblue

 

MDAW has provided an excellent starter for an 'embrassed' defence but I would amend paragraph 4 to reflect the wording from your post.

 

The explanation is that under the Civil Procedure Rules part 16 [CPR 16], the Claimant should attach the documents to support their claim with the Particulars of Claim. There is an exception for cases (like yours) that are started electronically through the Bulk Processing Centre in Northampton. If you insert a paragraph in your defence as in MDAW's about not complying with CPR 16 and the claim is through Northampton, the claimant's solicitors bleat on about the exception - but rarely come up with the documents.

[royalblue1878]

Thank you both for your input!

 

That makes me feel a whole lot better.

 

It should be quite easy to edit and amend the defence doc to suit my case.

 

When that's in the post what would normally happen next? Do I need to communicate with Restons during this stage?

 

Thanks again,

 

Royal.

[royalblue1878]

I've just noticed in MDAW's post that you can post your defence online which is where I acknowledged service. That's a relief considering our postal service at the moment!

[Mydogsawestie]

I've just noticed in MDAW's post that you can post your defence online which is where I acknowledged service. That's a relief considering our postal service at the moment!

 

That was my condensed version due to the 8000 characters only allowed online. I included the fuller one when it got to AQ stages (thought it wouldn't do any harm) although I believe this first one will be the one they base it on (if that makes sense)

[royalblue1878]

I will read your thread Westie, it looks like it will be a big help. There are so many helpful links in my bookmarks tab, it's now got to the point where I can't find anything!

 

Royal.

[royalblue1878]

Does the 14 days of the Default Notice mean 14 working days or just days?

 

I have had a look around but can't seem to find a definitive answer.

 

Cheers.

[the_shadow]

Does the 14 days of the Default Notice mean 14 working days or just days?

 

I have had a look around but can't seem to find a definitive answer.

 

Cheers.

 

If it doesnt state 14 working days then I think its safe to assume if just means 14 days... where time limits are mentioned in most statutes if they mean working days they put "working days".

 

S.

[royalblue1878]

Hi all,

 

Just about to file defence online, would appreciate any comments. Thanks to MDAW for pointing me in the direction of his defence.

 

In the Northampton County Court

Claim number: xxxxxxxx

Between

MBNA Europe Bank Ltd

And

Mr xxxxxxxxxx

Holding Defence Full particulars of defence are in the post attached to N9B form.

1. I xxxxxxxxxxxi of xxxxxxx am the

defendant in this action and make the following statement as my defence to the claim

made by MBNA Europe Bank Ltd

2. Except where otherwise mentioned in this defence, I neither admit nor deny any

allegation made in the claimants Particulars of Claim and put the claimant to

strictproof thereof.

3. The Defendant is embarrassed in pleading to the Particulars of Claim as it stands

at present, inter alia: -

4. The particulars of claim discloses no cause of action and are self evidently an abuse of process, in that

they fail to deal with the basic rules of pleading in accordance with the CPR (even allowing for the

constraints of the bulk issue system).

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

default notices issued 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.

5. It is denied that the claimant may claim interest under the County Courts Act1984

S69 as the purported agreement is a regulated agreement regulated by theConsumer

Credit Act 1974 and the County Courts (Interest on Judgment Debts) Order 1991 (No.

1184 (L. 12)) section 2(3) as the name of the order implies, is applicable only to

judgment debts.

6. Consequently, it is proving difficult to plead to the particulars as matters

stand.

The Request for Disclosure

7. Further to the case, on 10/09/2009 I requested the disclosure of

information pursuant to CPR 31.14, which is vital to this case from the

claimant. Still no response and proof of delivery is held by the Defendant.

8. To Date the claimant has ignored my request under the CPR and I have not received

any such documentation requested. As a result it has proven difficult to compose

this defence without disclosure of the information requested, especially given that

I am Litigant in Person

Conclusion

9. In view of matters pleaded I respectfully request that the court order the

claimant to produce the original signed agreement before the court to show the form

and content of it and that it complies with the regulations referred to in this

defence, otherwise the courts powers of enforcement are surely limited in these

circumstances.

10. Should the claimant be unable to produce the original agreement signed by both

debtor and creditor and containing the prescribed terms, I request that the court

uses its powers under section 142 Consumer Credit Act 1974 and declare the agreement

supplied by the claimant unenforceable.

11. The claimant's case cannot succeed as matters stand. In view of matters pleaded,

I respectfully request the court give consideration to striking out the claimants

case pursuant to part 3.4

12. Having instigated these proceedings without any legal basis for doing so, having

failed to provide sufficient information required under the pre-trial protocols in

order to investigate this claim, the Claimant's behavior is entirely vexatious and

wholly unreasonable.

It must also be noted that

13. I respectfully ask the permission of the court that I be allowed to amend this

defence and counterclaim when the claimant provides full disclosure of the requested

documents and allows inspection of the original documents.

This claim should never have been brought before the court as the claimant would

most certainly be aware of the case law quoted and that such action would have

little prospect of success without the credit agreement or a copy of it, therefore I

invite the claimant to give serious consideration to withdrawing this claim. Should

the claimant fail to withdraw their claim I shall request the court consider costs

incurred by the defendant in defending this claim and shall forward a schedule

of costs for the court to give consideration to should this proceed to trial and

judgment be given in my favour.

Statement of Truth

I xxxxxxxxx, believe the above statement to be true and factual

Signed

Date xxxxxx/2009

>>>>>>>>>>>>>>>>>>>>>>>>>>>>>

 

 

Incidentally where it says: 1. I xxxxx of xxxxxx is the of bit my address?

 

Cheers all

 

Royal.

 

 

[exchange]

Hi royalblue1878, following your thread as I am tangled up with MBNA in a big way. If you are not getting the answer you need as quickly as you need, try clicking on the red triangle as this attracts the attention of the site team. You shouldn't make a habit of it but I know how it feels when no-one is responding when you need help.

Exchange

[royalblue1878]

Thanks exchange!

[citizenB]

Royalblue.. from first glance it looks ok. just give me a few moments to have a quick read over your thread. BRB.