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Restons / MBNA v Me - court date 4th Dec ! help


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hi all, i've received a court date on 4th Dec for my debt of £11k which i owe to MBNA, the reason i owe the debt & unable to pay is because of redundancy 13 months ago, i have another 2 credit cards with smaller amounts which the companies (barclays & citi card) agreed to minimal payment of £14 & £17 respectively, MBNA refused a minimal amount & wanted amounts of approx £200 per month which was impossible for me so they handed the debt to Reston's but i started sending MBNA £4 each month as a token payment a couple of months ago which i intend to keep up. I have also asked both MBNA & Restons for a copy of the CCA which they both sent & which is so small it is unreadable, i sent them another letter & the same unreadable copy was sent to me again, although there is most probably nothing wrong with the CCA they should send me a readable copy. I am now waiting my case on 4th Dec & dont know what to expect can anyone enlighten me on what will await me & any advice is much appreciated. I am still unemployed which is the first time in my 37 years of employment & because of my age am finding it difficult to get back into full employment.

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Hi

 

Restons and Mbna follow the same model.

 

They apply for a CCJ and do not want to have a trial so apply for summary judgement.

 

If you do not or have a property go for a IVA and that will stop further action. See if a DMP or IVA is cheaper in the long run the CCCS could advise.

 

If you have a property restons will attempt a charging order application. They do the same all the time and do not care if they have a valid credit agreement or not.

 

Most of MBNA CCA are invalid but that does not stop them. If you can afford a solicitor at the moment all well and good. Restons rely on most people not being able to afford legal representation.

 

Apply for a summary judgement application now cost £75 stating that no valid CCA is available compliant with the CCA 1974 and state why it is invalid because of missing prescribed conditions. Plenty of examples on forum.

 

But remember it is their case and they must prove everything. Do not fall for the usual sh*t about we had a agreement which may of looked like this. If the prescribed conditions are not on the agreement a judge cannot enforce the agreement by law point out the prescribed conditions and case law.

 

Restons will attempt to bully you with letters.

 

But just stop paying them - why should you pay for their legal action.

 

 

Remember the civil court is not about who is right but who can lie the best in front of the judge.

 

Restons so called solicitors will attempt any lies as long as the judge falls for it which unfortunately most do because they have no understanding of the CCA 74 and associated regs.

 

Forget any negotiation with restons this case is due to MBNAs inability to do business properly - it is not your fault you have attempting to act responsibility - silly you!! - is what Restons think.

 

Fight them all the way and do not make it easy for them and counter every action with a counter claim PPI/ charges anything.

Edited by deckermbnahater
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cant give u a link as im using fone browser but search on here 4 fairbyblue's mbna/restons case he won with costs excellent thread with loads of useful info

If I have been of help to you please feel free to click my scales to the left Thanks.:)

I have no legal training and the advice I offer is what I have learnt here and offered as a matter of support. Before you commit to any Legal action you are advised to contact a qualified legal practitioner.

 

Finally if you succeed with your claim please consider a donation to consumer action group as those donations keep this site alive.

 

CARTER V Co-Op

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REFUNDED £3567

 

POMPEYFAITH V Co-Op PPI

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NOW WITH THE OMBUDSMAN

 

R.I.P BOB aka ROOSTER-UK you have always been a Gent on these boards and you will be remembered for that.

 

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follow that thread and u cant go wrong good luck PF

If I have been of help to you please feel free to click my scales to the left Thanks.:)

I have no legal training and the advice I offer is what I have learnt here and offered as a matter of support. Before you commit to any Legal action you are advised to contact a qualified legal practitioner.

 

Finally if you succeed with your claim please consider a donation to consumer action group as those donations keep this site alive.

 

CARTER V Co-Op

BANK CHARGES

REFUNDED £3567

 

POMPEYFAITH V Co-Op PPI

OFFER MADE BUT REFUSED

ONGOING AND STILL ONGOING

NOW WITH THE OMBUDSMAN

 

R.I.P BOB aka ROOSTER-UK you have always been a Gent on these boards and you will be remembered for that.

 

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they can repo your home with a charging order but do not worry about that yet as they have to go through loads of hops first and im sure that will not happen with the help of this site and the thread above

If I have been of help to you please feel free to click my scales to the left Thanks.:)

I have no legal training and the advice I offer is what I have learnt here and offered as a matter of support. Before you commit to any Legal action you are advised to contact a qualified legal practitioner.

 

Finally if you succeed with your claim please consider a donation to consumer action group as those donations keep this site alive.

 

CARTER V Co-Op

BANK CHARGES

REFUNDED £3567

 

POMPEYFAITH V Co-Op PPI

OFFER MADE BUT REFUSED

ONGOING AND STILL ONGOING

NOW WITH THE OMBUDSMAN

 

R.I.P BOB aka ROOSTER-UK you have always been a Gent on these boards and you will be remembered for that.

 

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If no mortgage on property put the house in partner/wife name means restons cannot touch it unless the account was in a joint name.

 

I would apply for a summary judgement which since you are unemployed your court fees should be waived, ask the court for further detail.

 

Just spend alot of time reading the forum and be aware of the distinction between prescribed conditions - no or not all prescribed conditions in CCA no case to answer

 

Just get your summary application into court to counter restons summary judgement application. You will also need to educate judge in CCA. A well written counter summary judgement application would be the best way to go pointing out how bad their paperwork is. Remember no agreement or agreement containing all prescribed conditions they may bluster but the judge cannot make it enforceable that is Ultra Vires. A District Judge cannot bring back hanging! They cannot do what they like - they must themselves work within the law.

 

Case law is on your side. If you are based in cheshire get the case thrown out as CCA cases in that county are on hold following further high court hearings.

 

Charging orders mean that if you do not keep up the amount set by the court the house could be forceably sold. They will say that they just want security on debt which I would not believe - they sell them onto third parties. (Very unlikely do not worry)

 

The court will not look kindly on forced sale applications were payments are up - to - date.

 

Upload your credit agreement for checking. If they have not sent you a copy under CPR they must send you a copy of the agreement give them 7 days. Template letters on site. Also point out that any documents that they rely upon in court must be produced 7 days before hearing.

 

Just read and read the site and learn as much as possible.

 

People beat the b*stards and just remember solicitors have less ethics than prostitutes.

 

Also point out that Restons cannot apply 8% interest to the case and cannot apply interest to a charging order under law. Strictly Vorbotten by the consumer credit act overriding the later civil court legislation.

 

Also be aware that the solicitors at court do not like it up them - itimadition in the court waiting area is allowed.

 

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

 

Case Won keep life going dont let them ruin your life - work on getting that new job - and do not let restons ruin your relationships.

 

As you are unemployed try a free course at a local college to spend time out of the house and give your mind something else to work upon. Also get somebody to go to court with you on the day.

Edited by deckermbnahater
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hi, here are copies of my default notice & cca i have been sent, i do not have the envelope for the default notice.

 

http://i282.photobucket.com/albums/kk278/yid-old-boy/CCA.jpg

 

http://i282.photobucket.com/albums/kk278/yid-old-boy/DN.jpg

 

 

 

 

cheers

Edited by Potless1
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did they send u the terms and conditions ? Ill view DN and agreement in morning as my fone screen is too small PF

If I have been of help to you please feel free to click my scales to the left Thanks.:)

I have no legal training and the advice I offer is what I have learnt here and offered as a matter of support. Before you commit to any Legal action you are advised to contact a qualified legal practitioner.

 

Finally if you succeed with your claim please consider a donation to consumer action group as those donations keep this site alive.

 

CARTER V Co-Op

BANK CHARGES

REFUNDED £3567

 

POMPEYFAITH V Co-Op PPI

OFFER MADE BUT REFUSED

ONGOING AND STILL ONGOING

NOW WITH THE OMBUDSMAN

 

R.I.P BOB aka ROOSTER-UK you have always been a Gent on these boards and you will be remembered for that.

 

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but from what i could see it looks very similar to mine and if so they are on a very sticky wicket

If I have been of help to you please feel free to click my scales to the left Thanks.:)

I have no legal training and the advice I offer is what I have learnt here and offered as a matter of support. Before you commit to any Legal action you are advised to contact a qualified legal practitioner.

 

Finally if you succeed with your claim please consider a donation to consumer action group as those donations keep this site alive.

 

CARTER V Co-Op

BANK CHARGES

REFUNDED £3567

 

POMPEYFAITH V Co-Op PPI

OFFER MADE BUT REFUSED

ONGOING AND STILL ONGOING

NOW WITH THE OMBUDSMAN

 

R.I.P BOB aka ROOSTER-UK you have always been a Gent on these boards and you will be remembered for that.

 

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I would get a Subject access request off to MBNA as soon as possible.

 

I would include a specific request for the "Comms Log" or the Customer Information System" print out relating to the account account number.

 

Template letter here - The Consumer Forums - Debt collectors

 

BTW - the Default Notice is ineffective. Have a read of this -

 

http://www.consumeractiongroup.co.uk/forum/show-post/post-2166205.html

 

Help us to keep on helping.

Please consider making a donation, however small, if you have benefited from advice on the forums.

This site is run solely on donations.

 

You can make a donation

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Any advice & opinions given by supasnooper are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability.

Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

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hi s/s, i was sent the comms log & the terms are above which were also sent to me so the SAR is a no goer ! All i've got in my favour really is the crap CCA which is unreadable & the default notice which you have said is ineffective which i will look over now in the link you posted.

 

cheers

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Also those terms and conditions are NOT the historical ones i.e. the ones you signed to this i know because they state £12 fees those fees where brought in, in 2007 by the OFT

 

Your agreement was signed in 2005 when the fees where higher.

 

The terms and conditions are also not in the 4 corners of the agreement

 

PF

If I have been of help to you please feel free to click my scales to the left Thanks.:)

I have no legal training and the advice I offer is what I have learnt here and offered as a matter of support. Before you commit to any Legal action you are advised to contact a qualified legal practitioner.

 

Finally if you succeed with your claim please consider a donation to consumer action group as those donations keep this site alive.

 

CARTER V Co-Op

BANK CHARGES

REFUNDED £3567

 

POMPEYFAITH V Co-Op PPI

OFFER MADE BUT REFUSED

ONGOING AND STILL ONGOING

NOW WITH THE OMBUDSMAN

 

R.I.P BOB aka ROOSTER-UK you have always been a Gent on these boards and you will be remembered for that.

 

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Did you pay payment protection insurance i ask because the box requesting it is not ticked so you may have a counter claim.

 

PF

If I have been of help to you please feel free to click my scales to the left Thanks.:)

I have no legal training and the advice I offer is what I have learnt here and offered as a matter of support. Before you commit to any Legal action you are advised to contact a qualified legal practitioner.

 

Finally if you succeed with your claim please consider a donation to consumer action group as those donations keep this site alive.

 

CARTER V Co-Op

BANK CHARGES

REFUNDED £3567

 

POMPEYFAITH V Co-Op PPI

OFFER MADE BUT REFUSED

ONGOING AND STILL ONGOING

NOW WITH THE OMBUDSMAN

 

R.I.P BOB aka ROOSTER-UK you have always been a Gent on these boards and you will be remembered for that.

 

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Ok edit this to suit your needs you are requesting the agreement not a pre-contractual application form which is what you have and the historical terms and conditions.

 

Dear Sir,

 

Re: (Claimant's name) v (Your name) Case No:

CPR 31.14 Request

 

On (date) I received the Claim Form in this case issued by you out of the (Name) County Court.

 

I confirm having returned my acknowledgement of service to the court in which I indicate my intention to contest all of your claim.

 

[Prior to the issue of proceedings I had delivered a request for the production of the agreement mentioned in the Claim Form and on which you rely. That request was ignored][delete if no such request was delivered]

 

Please treat this letter as my request made under CPR 31.14 for the disclosure and the production of a verified and legible copy of [each of the following / the] document(s) mentioned in your Particulars of Claim:

 

1 the agreement. You will appreciate that in an ordinary case and by reason of the provisions of CPR PD 16 para 7.3, where a claim is based upon a written agreement, a copy of the contract or documents constituting the agreement should be attached to or served with the particulars of claim and the original(s) should be available at the hearing. Further, that any general conditions incorporated in the contract should also be attached.

 

2 the assignment*

 

3 the default notice*

 

4 the termination notice*

 

5 [any other documents mentioned in the Particulars of Claim]*

 

* delete if not mentioned in the Particulars of claim.

 

[Although your claim is for a sum which is not more than £5,000.00 and will in all likelihood be allocated to the small claims track for determination upon my delivering a defence, at this moment in time I have not delivered my defence and the case has not been allocated to a track. In consequence the provisions of CPR 27(2) are of no effect and you should not seek to avoid compliance with your CPR 31 duties by claiming otherwise]#

 

# delete if claim for a sum exceeding £5,000.00

 

You should ensure compliance with your CPR 31 duties and ensure that the document(s) I have requested are copied to and received by me within 7 days of receiving this letter. Your CPR 31 duties extend to making a reasonable and proportionate search for the originals of the documents I have requested, the better for you to be able to verify the document's authenticity and to provide me with a legible copy. Further, where I have requested a copy of a document, the original of which is now in the possession of another person, you will have a right to possession of that document if you have mentioned it in your case. You must take immediate steps to recover and preserve it for the purpose of this case.

 

Where I have mentioned a document and there is in your possession more than one version of that same document owing to a modification, obliteration or other marking or feature, each version will be a separate document and you must provide a copy of each version of it to me. Your obligations extend to making a reasonable and proportionate search for any version(s) to include an obligation to recover and preserve such version(s) which are now in the possession of a third party.

 

In accordance with CPR 31.15© I undertake to be responsible for your reasonable copying costs incurred in complying with this CPR 31.14 request.

 

If you require more time in which to comply with this request you must tell me in writing. You must tell me before the time for compliance with this request has expired. In telling me you require more time you must tell me what steps you have taken and propose to take in order to comply with this request and also state a date by when you will comply with this request. In addition your statement must be accompanied with a statement that you agree to an extension of the time for me to file my defence. Your extension of time must be not less than 14 days from the date when you say you will have complied with my request and you must state the new date for filing my defence.

 

If you are unable to comply with this request and believe that you will never be able to comply with this request you must tell me in writing.

 

Please note that if you should fail to comply with this request, fail to request more time or fail to agree to an extension of time for the filing of my defence, I will make an application to the court for an order that the proceedings be struck out or stayed for non-compliance and a summary costs order.

 

I do hope this will not be necessary and look forward to hearing from you.

 

yours faithfully

If I have been of help to you please feel free to click my scales to the left Thanks.:)

I have no legal training and the advice I offer is what I have learnt here and offered as a matter of support. Before you commit to any Legal action you are advised to contact a qualified legal practitioner.

 

Finally if you succeed with your claim please consider a donation to consumer action group as those donations keep this site alive.

 

CARTER V Co-Op

BANK CHARGES

REFUNDED £3567

 

POMPEYFAITH V Co-Op PPI

OFFER MADE BUT REFUSED

ONGOING AND STILL ONGOING

NOW WITH THE OMBUDSMAN

 

R.I.P BOB aka ROOSTER-UK you have always been a Gent on these boards and you will be remembered for that.

 

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Just to clarify why I think the default notice is defective.

 

MBNA, 99.999 % of the time, will send out their Default Notices using UKMail's Special service. This service is not deemed a first class postal service ( check out UKmail's website to read what they say about their special 3 day class service ;) ) and is therefore classed as a second class postal service. It would be good if you still have the envelope.

 

The Interpretation Act 1978 clearly states that a second class letter is deemed served on the 4th working day after postage.

Postage is normally deemed to be done on the date of the letter.

 

So, your Default Notice was produced on the Tuesday 7th April 2009 and posted; the letter would be deemed served on the Wednesday 15th April 2009. This would only give you 9 days to remedy instead oif the required 14 days under the CCA1974.

 

Lets have a look how this is so -

 

Tue 7th April - Posted

Wed 8th - Day 1 allowed for postage

Thur 9th - Day 2 alowed for postage

Fri 10th - Good Friday Bank Holiday ( Non Working Day) :)

Sat 11th - Non Working Day :)

Sun 12th - Non working Day :)

Mon 13th - Easter Monday Bank Holiday (Non Working day) :)

Tue 14th - Day 3 allowed for postage

Wed 15th - Day 4, Default Notice deemed served.

Thur 16th - Day 1 allowed to remedy

Fri 17th - Day 2 allowed to remedy

Sat18th - Day 3 allowed to remedy

Sun 19th - Day 4 allowed to remedy

Mon 20th - Day 5 allowed to remedy

Tue 21st - Day 6 allowed to remedy

Wed 22nd - Day 7 allowed to remedy

Thur 23rd - Day 8 allowed to remedy

Friday 24th - Day 9 allowed to remedy

Now if MBNA come back and state they posted it first class then you would need to put them to strict proof of this.

 

Hope this explains what you didn't understand.

 

Please do send off for the MBNA comms log, as this will reveal the postal service and the date used for the DN.

 

 

Finally, get that CPR 31.14 letter off ASAP, as suggested by Pompeyfaith.

 

Help us to keep on helping.

Please consider making a donation, however small, if you have benefited from advice on the forums.

This site is run solely on donations.

 

You can make a donation

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Any advice & opinions given by supasnooper are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability.

Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

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Hi, Read my post as I was in very similar position and won with costs

It was posted above but here it is again.

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

 

Check dates on default notice but get your hands on the Comms Log via SAR and it will reveal a load of whoppers !!!!

 

Good luck i will try to help as much as i can

 

Cheers

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Look at the comms log around the date of the DN.............;)

 

Help us to keep on helping.

Please consider making a donation, however small, if you have benefited from advice on the forums.

This site is run solely on donations.

 

You can make a donation

HERE. Thank you.

 

Any advice & opinions given by supasnooper are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability.

Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

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Potless,

 

I have MBNA'S comms log key that will help you to understand the abbreviations mbna use ill post it up for you.

If I have been of help to you please feel free to click my scales to the left Thanks.:)

I have no legal training and the advice I offer is what I have learnt here and offered as a matter of support. Before you commit to any Legal action you are advised to contact a qualified legal practitioner.

 

Finally if you succeed with your claim please consider a donation to consumer action group as those donations keep this site alive.

 

CARTER V Co-Op

BANK CHARGES

REFUNDED £3567

 

POMPEYFAITH V Co-Op PPI

OFFER MADE BUT REFUSED

ONGOING AND STILL ONGOING

NOW WITH THE OMBUDSMAN

 

R.I.P BOB aka ROOSTER-UK you have always been a Gent on these boards and you will be remembered for that.

 

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Here you go this will make it easier for you.

 

MBNACOMMSLOGABBRIVIATIONSKEY.jpg

If I have been of help to you please feel free to click my scales to the left Thanks.:)

I have no legal training and the advice I offer is what I have learnt here and offered as a matter of support. Before you commit to any Legal action you are advised to contact a qualified legal practitioner.

 

Finally if you succeed with your claim please consider a donation to consumer action group as those donations keep this site alive.

 

CARTER V Co-Op

BANK CHARGES

REFUNDED £3567

 

POMPEYFAITH V Co-Op PPI

OFFER MADE BUT REFUSED

ONGOING AND STILL ONGOING

NOW WITH THE OMBUDSMAN

 

R.I.P BOB aka ROOSTER-UK you have always been a Gent on these boards and you will be remembered for that.

 

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