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


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i have been to court (4th dec) regarding the debt & the judge sided with restons & this is where its at now, any suggestions ?

 

 

Well you will need to give us some details as to why the judge sided with reston's and what they had put in their original claim or amended claim, along with what you had put in your defence etc. if you can give us that information then we can advise you on what to do next.

 

Also potless ive notice you already have a thread about this so you should really have posted on that thread and not on this one. So heres the link to your thread please post on their and am sure foolishgirl will also be joining us there.

 

 

http://www.consumeractiongroup.co.uk/forum/legal-issues/222231-restons-mbna-me-court.html

 

So will see you in their potless

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Threads merged. Please do not hijack other member's threads for your own consumer issue. Thank you.

My advice is based on my opinion, my experience and my education. I do not profess to be an expert in any given field. If requested, I will provide a link where possible to relevant legislation or guidance, so that advice provided can be confirmed and I do encourage others to follow those links for their own peace of mind. Sometimes my advice is not what people necesserily want to hear, but I will advise on facts as I know them - although it may not be what a person wants to hear it helps to know where you stand. Advice on the internet should never be a substitute for advice from your own legal professional with full knowledge of your individual case.

 

 

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I'm now trying to follow your thread Potless after the above posts were moved to here.

 

To clarify can you please state:

1. When the POC was issued & post up details

2. When did you return the AQ & did you submit a defence? If so, can you post up the defence.

3. Did you get anything back following your CPR31.14? eg. CCA, DNs etc.

4. Did you go to the hearing? What did you present as evidence in your defence? What did the DJ say?

5. Did you point out to the court that you were on JSA & could only make minimum payments?

 

For CAGers to offer further advice you need to supply the above info but remove personal details before posting any copies up.

Any knowledge I possess or advice I proffer is based solely on my experiences in the University of Life. Please make your own assessment of legality, risks & costs before taking any action.

 

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ok, here is a copy of my defence which i fi8lled in on my allocation questionaire:

 

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

 

& here is the copy of submissions from the claimant:

 

http://i282.photobucket.com/albums/kk278/yid-old-boy/CS1.jpg

 

http://i282.photobucket.com/albums/kk278/yid-old-boy/CS2.jpg

 

http://i282.photobucket.com/albums/kk278/yid-old-boy/CS3.jpg

 

http://i282.photobucket.com/albums/kk278/yid-old-boy/CS4.jpg

 

http://i282.photobucket.com/albums/kk278/yid-old-boy/CS5.jpg

 

i told the judge that i was on JSA & could only afford a minimal payment each month but the judge did not want to know & it was all over in a few minutes.

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edited...........wrong thread

Edited by supasnooper
wrong thread

 

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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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Did you attend the hearing Potless?

 

If so, what did you offer as your defence? eg. did you point out that an original agreement had not been shown to the court & that you disputed its existence, never mind that the content might not comply with CCA1974 & the 1983 regs? Or did you ask that proof of posting of any DN be produced?

 

If you defended solely on the basis that you could not pay 'cos of JSA, I am not surprised that the judgment went against you. However I am surprised that the DJ ordered you the full sum immediately. Was he aware that you owned your own home? If so, he probably expects that when you don't pay, Restons will go for a CO against your house. This would mean that when your house is sold, Restons have to be paid off from the proceeds before you receive any 'profit'. You can defend against this if you get notice of it but you have to be quick & you have to get a proper argument put together that will stand up in court. As you are on JSA & no other means to pay the CCJ, I suspect this will not be easy.

 

To consider an appeal against a judgment you have to have appropriate grounds. If you attended & did not present a cohesive defence, IMO you probably don't have grounds for appeal. However I think you may be able to apply for a variation order that may enable you to make minimum payments but you need to be aware that there are costs to the application (which you may be able to reclaim 'cos of your benefits) & that usually, the agreement of the claimant will be sought before making such an order. Do you think Restons will agree? :rolleyes: It may be worth having that conversation with them prior to considering an application but don't expect any Christmas spirit.

 

Finally, have you asked your debt management co. for advice on this? They may be able to help as they know all the details.

Any knowledge I possess or advice I proffer is based solely on my experiences in the University of Life. Please make your own assessment of legality, risks & costs before taking any action.

 

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It may be worth writing to the Court asking for a redetermination of the debt (changed from forthwith to a monthly payment you can afford) but you will need to get this in pretty damn quick as it should normally be within 14 days.

The letter is in the post below -

 

http://www.consumeractiongroup.co.uk/forum/show-post/post-2637254.html

 

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

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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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