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

[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

[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)

[Mydogsawestie]

Thanks to MDAW for pointing me in the direction of his defence.

 

 

Hope you got it in on time "his" defence, made me !

[Mydogsawestie]

hi royalblue1878 just stopping on by to say how well your doing with the clan so far and hope it continues that way too...they;ve still never produced me with any orig docs & the judge from my court hearing in July has still not given any directions for the claimants mbna/restons to disclose yet or whatever either so I am no further fwd. How miffed they must be to not have had any pennies all this time either ....I'm sure tho when the judge is ready he is ready so am continuing to sit tight for now.....

[Mydogsawestie]

wow Royal Blue...can they not comply with the cpr requests after all diddums diddums. The ball is in there court isnt it as prev advice been given. How are you suppose to negotiate something you are possibly not liable for in the first place

 

My thoughts tho is if you dont respond to showing a negotiation could this not go in your favour if it does get to a hearing stage??? But then again by asking for the docs it is because it is in dispute if you indeed owe any of this orig debt in the first place. Perhaps you can remind them in your reply that you have an excellent chance of successfully defending this case and remind them of.....

 

Sir Andrew Morritt's view in the Court of Appeal on the whole issue of CCAs:

Quote:

“In effect, the creditor--by failing to ensure that he obtained a document signed by the debtor which contained all the prescribed terms--must (in the light of the provisions in ss 65(1) and 127(3) of the 1974 Act) be taken to have made a voluntary disposition, or gift, of the loan moneys to the debtor. The creditor had chosen to part with the moneys in circumstances in which it was never entitled to have them repaid”.

 

This quote can be seen at http://www.francisbennion.com

 

I think they are scuppered and grasping now for what they can get out of it....I will keep my eyes peeled for any great advice you get to respond to your letter & hope you gain further success in your conquest soon

[Mydogsawestie]

I didnt get one just them going for summary judgement immediately which I understand is quite common of them!

[Mydogsawestie]

Hi royalblue1878

 

I had this info (copied off a thread awhile ago) re the situation your in should that have ever happened to me.....here is the extract

 

Where defence was being served on the claimant and that they had 28 days to respond. Where he wishes to proceed the claimant must contact the court within 28 days after receiving a copy of my defence. After that period has elapsed the claim will be stayed. The only action the claimant can then take will be to apply to a judge for an order lifting the stay.

"The claim will be stayed" means that it goes into a kind of indefinite limbo, just waiting for the claimants to actually do something. This is a disgraceful situation, as it just wastes the court's time and the taxpayers' money. If the claimants were not ready to launch their claim, they should not have done so.

 

The action you should take is the hardest action of all - waiting. It is now firmly up to the claimant to decide whether to spend more money taking this further. You've done everything you can do.

 

The ball is now firmly in their court, as its stayed you cant go for a set-aside, as theres nothing to set aside, suggest a letter to the court highlighting the claimants delay in pursuing the claim, and their inability to produce any sort of reply to your request for info under the CPR, and asking fort their claim to be stuck out.

 

 

 

 

[Mydogsawestie]

Hippeedeedoodah hippeedeeday, my oh my what a wonderful day.

Top news Royalblue, chuffed to bits for you....really am - well done

[Mydogsawestie]

Discontinuance and subsequent proceedings

 

38.7

 

A claimant who discontinues a claim needs the permission of the court to make another claim against the same defendant if –

(a) he discontinued the claim after the defendant filed a defence; and

 

(b) the other claim arises out of facts which are the same or substantially the same as those relating to the discontinued claim.

http://www.justice.gov.uk/courts/procedure-rules/civil/rules/part38#pagetop

 

I've had a letter too!

[Mydogsawestie]

Hi Westie,

 

Heard anymore?

 

Had a letter today from MFS saying they are the new creditor. Do you think that makes a difference to the discontinue rules you posted above?

 

They have also named the same solicitors as before. (also the same ref numbers)

 

Royal.

Ditto keeping my eyes peeled as citizen B has said mines a CCJ appeal ongoing ;-)