MBNA Virgin (Restons) Court Case

[sharmar]

Hi All,

 

I have been on various threads here over the past few months, and received wonderful advice and help about several CCA's that I am dealing with.

One of them is the lovely MBNA here is a potted history so far:-

- in April this year I sent a CCA request, no response and so

- in mid May I placed the account in dispute.

- I subject accessed them (SAR) in mid June and received a response end of July last.

- I finally received a response to my CCA request (Section 78 CCA request) on the 7th September last.

- I received a letter from Restons Solicitors acting on their behalf dated before November 3rd last demanding full balance payment plus interest by the 17th November.

- I have now Received County Court Claim Form dated 25th November and could do with as much help as poss as this is my first court claim.

 

Have uploaded the documents below and would really appreciate all help for defence.

Edited December 2, 2009 by sharmar

[sharmar]

I received these included in my SAR request. There are two copies, with different date stamps and signed by me on different dates.

***Note: In top left hand corner of both copies received there are what appears to be staple marks *** (Relevant for later when they are no longer there - see further down!!! all suggestion welcome on this one!)

Edited June 4, 2010 by sharmar

[sharmar]

So, then in September I received a further two copies of the above in response to my request for info under Section 78.

 

***Note: Both have been torn off on top left only???? - any significance to this?? Is it as simple as tearing off the stapled corner or more - why are both torn off at top left with very similar tears (they match up under the light where tear is - would you tear an original and seems like they were stapled together? Does this signify anything?

 

 

 

 

 

 

 

Edited June 4, 2010 by sharmar

[sharmar]

Default notice is dated 13th October giving me until Saturday 31st October to remedy.

Edited June 4, 2010 by sharmar

[sharmar]

If you are still following!! almost there with the uploading!

A letter dated November 3rd as below - is there anything that can be found fault with on this:_

Edited June 4, 2010 by sharmar

[sharmar]

...and finally for now! The Claim Form - I really need some help to prepare a defence as now PANICKING!!!!! Espec with Xmas and people being busy and so forth.....

Edited December 4, 2009 by sharmar

[supasnooper]

Thanks for posting up all the relevant docs.

 

We'll go through this step by step.

 

Firstly, have you completed the Acknowledgment of Service ?

[sharmar]

Hi Supasnooper,

 

Thanks for coming back to me so fast!

 

No,I haven't done the Acknowledgement of Service yet! Should I acknowledge asap?

 

Was going to try and do it online.

 

From reading other threads,I believe I just tick box 1 saying I intend to defend all of this claim?

[supasnooper]

Yes, you'll need to complete the Acknowledgment of Service online as soon as you can.........and defend all !

[supasnooper]

The next thing you'll need to do is send Restons a CPR 31.14 letter. A good example below.

 

Amend to suit, the letter goes unsigned and sent by Recorded Delivery.

 

 

Your name

Your address

Your Town

Your County

Your Postcode

Date

Dear Sir,

 

Re:

In the XXXXXXXXXXX County Court

Claimant XXXXXXX -v- Defendant – Your Name

Claim Number: xxxxxxxx

 

CPR 31.14 Request

 

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

 

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.

 

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,

Your Name

[sharmar]

Thanks Supa,

 

Will send first thing tomorrow!

 

Should I include no 2-5 or just no 1 in that CPR 31.14 letter for Restons?

[diddydicky]

if the dn was sent second class it has not allowed sufficient time

[supasnooper]

I'd include numbers 3 and 4 ( Default Notice and Termination notice)

 

You'll need to re-number the points though.

[supasnooper]

What I'd advise next is that you mark your calendar as to when your defence needs to be submitted.

 

The actual time allowed is 28 days from the date of service; as long

as the Acknowledgment of service has been completed.

I think that you should submit your defence 25 days from deemed

date of service to be on the safe side which is Xmas Day but I think if you do it earlier then it's done.

[supasnooper]

if the dn was sent second class it has not allowed sufficient time

 

You may be wondering what diddydicky's post is referring to.

 

If the Default Notice does not give the sufficient amount of time from being deemed served, then the creditor can only be entitled to pursue the arrears.

Have a look at the link below for a good explaination -

 

B_R_W's post on DN's

 

 

I would also advise reading the threads posted below to see how this duo operate and also understand what happens along the way -

 

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

 

and

 

http://www.consumeractiongroup.co.uk/forum/legal-issues/160395-restons-court-action.html

 

Enjoy the reading and no going straight to the end of the threads....

[sharmar]

Hi Diddy,Thanks for having a look!!

 

 

 

Any ideas on my Defence,I don't have much time as I need it in before Christmas!??

Edited January 11, 2010 by sharmar

[sharmar]

Will read those threads Supa,thanks!

 

I've read Sunflower99's and I see you've also had dealings with Restons!!!

[sharmar]

Ok,have sent the Acknowledgement of Service letter to Northampton ticking that I intend to defend all of this claim and also sent the CPR 31.14 letter to Restons!

 

Does anyone have any advice on how I should be defending?

 

Is just using the questionable CCA enough or should I be raising other points?

 

All opinions most welcome!

[diddydicky]

i would submit an embarrased defence with leave to ammend when info is recieved just to be safe

[sharmar]

 

Received this letter from MBNA today in response to a complaint I submitted regarding doorstep visits!

 

It mentions my account defaulted on 30th November 2009,however remedy date on my DN was 31st October 2009!

 

Is there any relevance to any of this?

 

Would it have any bearing in my defence?

 

Thanks

Edited June 4, 2010 by sharmar

[supasnooper]

There's no relevence to the letter at the moment, just file it with the rest.

 

It will have no effect on your defence.

[diddydicky]

i might be being a bit thick here

 

but are you telling me that mbna have sold the account midway through legal proceedings?

 

if they have, and if they are shown as the plaintiff then they just filleted their own donkey (IMO)

[sharmar]

Hi Diddy,

 

How would I know if they sold on the debt?

 

Sharmar

[supasnooper]

DD may have got his threads crossed with his posting.

 

I think it's a case of "as you were" /

 

MBNA have indicated they may sell the debt on to a Debt Collection Agency but have yet to do so.

 

I do hope that MBNA have not lost faith in Restons though.

[diddydicky]

yep was in a hurry and read the letter wrong there