Jump to content

 

BankFodder BankFodder


  • Tweets

  • Posts

    • Served on 16 Feb.   On reviewing the MCOL website today for an updated, I noticed that 1) Hermes has aknowledged the claim, but not yet filed a defence, and 2) that I there was a glitch / error on the form. Essentially, it looks like I had accidentally left the "I will send detailed particulars of claim" box ticke (I thought I had unticked it), with the result that the claim section has been truncated, and some extra text has automatcially been added - in red below):   "...Claimant seeks £XXX, plus I will provide the defendant with separate detailed particulars within 14 days after service of the claim form. The claimant claims interest under section 69 of the County Courts Act 1984 at the rate of..."   This is obviously not ideal. Is it better to try to amend the claim somehow, or to just submit a brief POC that a) clarifies that I am seeking £XXX plus costs (which was automatically truncated), and b) sets out my calculation of the £XXX?  
    • Hi   It amazes me how they pass the buck as they don't want to deal with a private homeowner but if the shoe was on the other foot they would be hammering down on you for breach of tenancy.   As this is council housing you need to make a Formal Complaint in writing to the Council Housing about this (as a social housing landlord they have a complaints process they have to follow). you need to exhaust their complaints process. Make sure and title your letter Formal Complaint.   From what you have posted this tree is not just a nuisance but also a Health & Safety risk:   1. The tree being overgrown is now a danger to the occupants/Guest/Visitors to your property   2. The tree has overgrown into the Council Housings Boundaries your property causing damage/endangerment to the occupants/guest/visitors.   3. As the roots of the tree are also overgrown into your property you have concerns that these may be causing/damaging to any underground pipework that may be within the boundray of the property.   4. So far the Councils actions have been to treat their Council Housing tenant as a third class citizen with a private homeowner aloud to cause endangerment/possible damage due to these overgrown trees which are encroaching on your council house property/bounderies.   You also require clarification why you were sent the Healthy Neighbourhood Information which states I have to pay £375 to make a complaint. (make sure and attach a copy of the response that states this cost)   You also require copies of the following:   1. Complaints Policy (not the leaflet) 2. Customer Service Standard (not the leaflet) 3. Health & Safety Policy (not the leaflet) 4. Public Liability Insurance Policy. (not the leaflet) 5. Clarification from you if their is any underground pipeworks running through the bounderies within the garden area (you should have full knowledge of this it being your property/plans) 6. Compensation Policy (not the leaaflet) 7. Equality & Diversity Policy (not the leaflet)   When you get the above policies sit with a pen/pencil/highlighter and take you time reading them and just think to yourself 'DID THEY DO THAT' if not mark it then leave it for a while then do the same again this way you can basically throw/write back stating the haven't followed x policy with which part of that policy and your reason. (you are building evidence to use against them using their own policies. I would also like to refer you to The Local Government (Miscellaneous Provision) Act 1976: http://www.legislation.gov.uk/ukpga/1976/57/part/I/crossheading/dangerous-trees-and-excavations     You need to remember yes it is the Council but the Council Housing is a separate entity and is a Registered Social Landlord (RSL)   Is the Council Housing classed as a registered Charity? (what is their registration number whether charity or RSL?)   Also have a wee look at this CAG link:     
    • @rocky_sharma   Fame at last!!   Dunno how much help it would be in your case, but I could try digging out the txt of my defence if you think it might be relevant to your defence. We might hafta do this via PM, then e-mail though if ya wanna go down that route.   Good luck with yours anyway mate.
    • The car finance firm, owned by Provident Financial, voluntarily handed the money to all 5,933 customers potentially affected by the breaches, which occurred between April 1, 2014 and October 4, 2017. It was also fined £2.77m by the Financial Conduct Authority for the way it behaved. The FCA said Moneybarn's actions meant more than 1,400 customers, many of whom were vulnerable, defaulted on their loans after entering into 'unsustainable short-term repayment plans'. This meant that they were punished with extra fees and charges, which many could not afford. https://www.dailymail.co.uk/money/markets/article-8013573/Moneybarn-pays-30m-customers-failing-treat-fairly.html   dx  
  • Our picks

sharmar

MBNA Virgin (Restons) Court Case

style="text-align:center;"> Please note that this topic has not had any new posts for the last 3576 days.

If you are trying to post a different story then you should start your own new thread. Posting on this thread is likely to mean that you won't get the help and advice that you need.

If you are trying to post information which is relevant to the story in this thread then please flag it up to the site team and they will allow you to post.

Thank you

Recommended Posts

Having sent Acknowledgement of Service to Northampton and CPR letter to Restons,I have heard no more! (Hope this a good sign):)

 

I need to prepare a defence asap and post off to the Court.

 

Should I still be going down the holding/embarrased defence route?

 

Any good examples out there??

 

All help appreciated,

 

Sharmar

Share this post


Link to post
Share on other sites

Nothing wrong having a nose around the CAG forums for some ideas

on a defence.

 

You'll just have to wait to see if Restons comply with the CPR request.


 

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.

Share this post


Link to post
Share on other sites

put a warm coat on- hell is likely to freeze over whilst you wait

 

restons wont do anything unless a court orders them- and even then they'll extract the urine

Share this post


Link to post
Share on other sites

Still no response from Restons to CPR request and I need to submit defence today as deadline is over the Christmas Holiday.

 

Is this embarrassed defence ok?

 

Anything else I need to add?

 

Thanks in advance

 

Sharmar

 

 

 

1. I, ********** of ************** make this statement as my defence to the claim brought by **************

 

2. The claimants particulars of claim are vague and fail to disclose any cause of action, they appear to be an abuse of the 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

 

3. No documents supporting the claims in the particulars have been offered and despite a request to the claimant for further information via CPR 31.14 dated xx/xx/xxxx sent by recorded delivery none has been forthcoming and as a result I cannot plead in defence to the claim

 

4. Without clarification of the claimants claim, the defendant is extremely disadvantaged and the claimants claim appears without merit, the defendant asks to be allowed to submit a fully particularised defence should the claimant provide copies of the original documents he will rely upon.

 

5. Further to that above 4 paragraphs, the defendant is unable to plead effectively or at all. The defendant is embarrassed.

 

 

Statement of Truth

 

 

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

 

 

Signed .....................

 

Date

Share this post


Link to post
Share on other sites

looks good to me

 

then when you get to AQ's you can make a demand for the documents you need

Share this post


Link to post
Share on other sites

Still no response to my CPR request sent early December to Restons!

 

Received a standard letter from Northampton County Court acknowledging receipt of defence and how they would be serving copy of defence on Claimant etc.

 

Should I be doing anything else apart from reading and more reading on CAG?

 

Sharmar:confused:

Share this post


Link to post
Share on other sites

Thanks for reply SB100!

 

Gonna have a read of your thread now!

 

Sharmar

Share this post


Link to post
Share on other sites

Still awaiting response from Restons!

 

I have a query with my default notice and most recent correspondence from MBNA and Restons including the claim form I received from Northampton.

 

I have a property which is rented out as I can't afford the mortgage and have moved back in with parents.

This is where MBNA issued my Default notice to.

I have never given them this address,so assume they found it off Land Registry!

 

I received the DN at this address..Would this make it ineffective? Will this be relevant to my defence?

Edited by sharmar

Share this post


Link to post
Share on other sites

I have today received my Allocation Questionnaire and have to return by 15th February to my local court.

 

I have NOT had any response to CPR 31.14 from Restons!

 

 

Do I write to Restons again?:confused: Not sure what to do!

 

Any help welcomed!!

Share this post


Link to post
Share on other sites

 

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.

Share this post


Link to post
Share on other sites
I have today received my Allocation Questionnaire and have to return by 15th February to my local court.

 

I have NOT had any response to CPR 31.14 from Restons!

 

 

Do I write to Restons again?:confused: Not sure what to do!

 

Any help welcomed!!

 

make an application with your AQ;s for the court to order production of the docs they will not supply under 31.14 or cpr 18

Share this post


Link to post
Share on other sites
i wouldnt let it get to allocation without the agreement, cos that implies youve filed a defence, which should not have happened without the agreement cos how can you defend a claim when you dont have the key principle document which the claim is based upon?

 

http://www.consumeractiongroup.co.uk...how-start.html

 

I have been reading through pt's advice as per above quote and thread.

 

Q1-Is there a template that I can fill in to send to court requesting disclosure by the Claimant as they have not complied with my CPR request of December last?

 

Q2-Do I do all this before I return the Allocation Questionnaire?

 

Many Thanks

Share this post


Link to post
Share on other sites

Hi All,

 

Have been busy working on my Allocation Questionnaire courtesy of some great threads and info out there when you do go researching!

Took loads of re-reading but I'm almost ready to post off to local Court this week.

 

 

Thanks to you all esp those who've had dealings with MBNA!!

 

I'm a bit nervous about the next stage BUT am willing to fight this to it's conclusion! (I think)

Share this post


Link to post
Share on other sites

Do make sure you get the AQ into the Court on time.........and take your time with sending a copy to Restons as they certainly won't send you a copy of theirs.........but you'll already know that. ;)


 

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.

Share this post


Link to post
Share on other sites

subbing - had a look at your thread - following in your footseps!


Halifax Card (OH) -2.9% reinstated - Sucess!

Santander/House of Fraser (1) PPI Refund plus 8% plus LOC

Santander/House of Fraser (2) PPI Refunded plus 8% plus LOC

Penalty Charge Notice - Representation accepted and PN cancelled - £120

Share this post


Link to post
Share on other sites

Hi All,

This is how I intend to fill in my N150. Is all OK with this??

With regard to my Reasons for not settling at this stage Section A,is it enough to say

The Claimant has failed to substantiate this claim?

Or should I say more re: failure to respond to CPR etc?

 

Section A tick no to all 4 reasons.

The claimant has failed to substantiate this claim.

Section B tick yes (if it has already been transferred to your local court) if it has write that in the box, if not write that you are unable to travel etc.

Section C tick no. in the box write "This case is not covered by any approved pre-action protocol"

Section D Write the amount they are claiming, not including costs

Applications tick no

Witnesses write your name, and in brackets "myself"...in the other box write "all facts"

Experts tick no to the first question, leave the rest blank

Track fast track....leave the box blank

Section E 2 hours....fill in the rest if there are any dates you cant attend

Section F tick yes to 1st question...no to 2nd

Section G leave blank

Section H leave blank

Section I tick yes to the 1st question...no to the second

tick no to applications

in the big box write "please see attached section I"

 

Sign & date it etc.

Share this post


Link to post
Share on other sites

Update-Restons finally responded to my CPR request!

The same weekend I submitted my AQ'S!:mad:

 

 

And I now have an Application Notice for hearing at my local County Court in June! See attached links with details!

 

Is this standard?

 

I note that they refer to MBNA1 as 'a copy of the record maintained by the claimant on it's microfiche of the Credit Agreement'.

Is this of any significance?

 

Any opinions appreciated.

http://i566.photobucket.com/albums/ss106/39belfry/RestonsApplicationNotice.jpg

 

 

http://i566.photobucket.com/albums/ss106/39belfry/RestonsContinuationSheet.jpg

Edited by sharmar
Links not working!

Share this post


Link to post
Share on other sites

can you tell me what the date is on your CPR31.14 request

 

if it is before 1st January 2010 i can provide you with evidence in a letter from restons that they only adopted their policy of not responding to unsigned letters on 1st January 2010

 

and did you eventually supply a signature or did they send the stuff anyway ?

 

so that will be lie number one

 

 

did you keep the envelope the DN came in?

 

hopefully the allegation that the dn was posted first class will be lie number two

 

in any event RESTONS cannot make that statement- you need an affidavit from someone who can give first hand evidence of the method and date of posting

 

you need a true copy of what their default notice- let them re construct what they say it WOULD have looked like

 

 

was the copy agreement sent in response to s78 illegible?

 

it matters not that they apologise to the court for part of the document being unreadable

 

if they did not send "easily legible" documents in response to s78 then they are prevented from enforcement

thats for starters

Share this post


Link to post
Share on other sites

Hi Diddy, appreciate fast response!

 

CPR 31.14 request was dated 3rd Dec 2009 so that letter you have re 1st Jan 2010 would be handy!

 

They never wrote to me requesting my signature and eventually sent the requested paperwork in mid Feb 2009, a couple of days after filing my Allocation Questionnaire!

 

It was sent to an address I don't live in! Prop is rented out and I live with parents.

 

I have never given Restons this address but they still choose to correspond to me at this address.

MBNA were also never given this address.

They even responded to CPR 31.14 to this address despite clearly giving my home address on all correspondence.What can I do about this issue?

 

Yes, parts of the agreement sent in response to s.78 are illegible!

 

What exactly should I be doing now?? :???:

 

The hearing is 3 months away but I want to be prepared and armed with every possible bit of ammo I can have-so really will need all your help!

 

Sharmar x

Edited by sharmar

Share this post


Link to post
Share on other sites

bring it to the attention of the court in your witness statement and together with the "untruth" as to their policy re unsigned letters, suggest that they were deliberately trying to obfuscate and make matters difficult for you

 

you might also like to make a complaint with regard to data protection

 

the illegibility of the s78 response makes them in default of their s78 obligations so that'sts more to go in your statment

 

the most important aspect however is this other address, if you are totally sure that you did not give them this address then it will work in your favour very well

 

how did you enventually get the DN? do they KNOW you've got the DN?

 

it could well be that they terminated the agreement (did they terminate and/or make a demand for payment in full to you at your correct address? if so, who is to say when you got the DN (if at all)

Share this post


Link to post
Share on other sites

Awaiting Post!

 

Thankyou so much Diddy!;)

Share this post


Link to post
Share on other sites
Update-Restons finally responded to my CPR request!

The same weekend I submitted my AQ'S!:mad:

 

 

And I now have an Application Notice for hearing at my local County Court in June! See attached links with details!

 

Is this standard?

 

I note that they refer to MBNA1 as 'a copy of the record maintained by the claimant on it's microfiche of the Credit Agreement'.

Is this of any significance?

 

Any opinions appreciated.

http://i566.photobucket.com/albums/ss106/39belfry/RestonsApplicationNotice.jpg

 

 

http://i566.photobucket.com/albums/ss106/39belfry/RestonsContinuationSheet.jpg

 

Hi everyone,

 

Been busy with a couple of other creditors and also now have another Claim to contend with! So feeling the pressure mounting!

 

 

I have a couple of questions and any help appreciated.I know from here on it's the serious stuff!

 

What exactly is a Notice of hearing application? What happens at it?

 

Should I be submitting a Witness Statement NOW,in June or when?

Bit confused as this is my 1st case and has progressed the furthest.:confused:

 

Thanks

Share this post


Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    No registered users viewing this page.


  • Have we helped you ...?


×
×
  • Create New...