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    • I'm at work now but promise to look in later. Can you confirm how you paid the first invoice?  It wasn't your fault if the signal was so poor and there was no alternative way to pay.  There must be a chance of reversing the charge with your bank.  There are no guarantees but Kev  https://find-and-update.company-information.service.gov.uk/company/09766749/officers  has never had the backbone to do court so far.  Not even in one case,  
    • OK  so you may not have outed yourself if you said "we". No matter either way you paid. Snotty letter I am surprised that they were so quick off the mark threatening Court. They usually take months to go that far. No doubt that as you paid the first one they decided to strike quickly and scare you into paying. Dear Chuckleheads  aka Alliance,  I am replying to your LOCs You may have caught me the first time but that is  the end. What a nasty organisation you are. You do realise that you now have now no reason to continue to pursue me after reading my appeal since you know that my car was not cloned. Any further pursuit will end up with a complaint to the ICO that you are breaching my GDPR.  Please confirm that you have removed my details from your records. ------------------------------------------------------------------------------------------------------------------------------------------------------------ I haven't gone for a snotty letter this time as they know that you paid for your car in another car park. So using a shot across their bows .  If it doesn't deter them and they send in the debt collectors or the Court you will then be able to get more money back from them for  breachi.ng your data protection than they will get should they win in Court-and they have no chance of that as you have paid. So go in with guns blazing and they might see sense.  Although never underestimate how stupid they are. Or greedy.
    • Thank you. Such a good point. They did issue all 3 before I paid though. I only paid one because I didn’t have proof of parking that time, only for two others.    Unfortunately no proof of my appeal as it was just submitted through a form on their website and no copy was sent to me. I only have the reply. I believe I just put something like “we made the honest mistake of using the incorrect parking area on the app” and that’s it. Thanks again for your help. 
    • They are absolute chuckleheads. You paid but because you entered a different car park site also belonging to them they are pursuing you despite them knowing what you had done. It would be very obvious to everyone, including Alliance that your car could not have been in two places at the same time. Thank you for posting the PCN so quickly making it a pity that you appealed since there are so many things wrong with it that you as keeper are not liable to pay the charge. They rarely accept appeals since that would mean they lose money but they have virtually no chance of beating you in Court. Very unlikely that they will take you to Court given the circumstances. Just in case you didn't out yourself as the driver could you please post up your appeal.
    • Jasowter I hope that common sense prevails with Iceland and the whole matter can be successfully ended. I would perhaps not have used a spell checker just to prove the dyslexia 🙂 though it may have made it more difficult to read. I noticed that you haven't uploaded the original PCN .Might not be necessary if the nes from Iceland is good. Otherwise perhaps you could get your son to do it by following the upload instructions so that we can appeal again with the extra ammunition provided by the PCN. Most of them rarely manage to get the wording right which means that you as the keeper are not liable to pay the charge-only the driver is and they do not know the name and address of the driver. So that would put you both in the clear if the PCN is non compliant.
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MBNA/Reston threating court action


jason_mnm
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Hi Westie How r u? thanks for your reply.

 

Actually it is not this case.. some other case specifically about bank's failure of their duty and care...

 

tut :rolleyes: hope someone can assist you soon then....every little helps

 

Re your SAR & what diddydicky just said I take it you do have the POD

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Hi Jason,

 

You should keep reading up on defence issues in the Legal Issues forum to prepare for a full defence if the bank amend their POC.

 

:)

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you cant really do anything more until you get all the information you require

 

forming a defence based on partial information could be disastrous- you need all the facts

 

you could do some reading up on other threads in a similar vein in the meantime and download some defences to get the idea of how you go about things

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You could also read the following threads as to how to behave in court and what to expect.

 

EMPTY DESK TRICK

 

http://www.consumeractiongroup.co.uk/forum/legal-issues/108467-basic-introduction-consumer-credit.html

 

 

 

HTH

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Re Phatram's BUMP 2 posts back, Fairbyblue's Restons thread is here - http://www.consumeractiongroup.co.uk/forum/dca-legal-successes/170484-fairbyblue-mbna-restons-court.html

 

I sent this to Jason ages back by PM. :cool:

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Hi Jason,

 

Yes, you should now wait to hear further from the court.

 

:)

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Will you guys kindly tell me How can I use this case MBNA –v- Thorius for my defence, cause my case is similar to this case.

 

Langster documents is really well put on this thread (not sure if you had it in your subscribed threads already?

 

Some of this Extracted ....."is well worth reading, printing out and referring to if anybody is facing a situation where the claimant has not produced all of the contemporaneous documentation and seems to be relying on a different set of terms and conditions than the ones in force at the time of the contract… it is for the claimant to prove their case and, if they are advised by Solicitors, there can be no excuse for any shoddiness or gaps in presentation of their evidence or the documentation."

http://www.consumeractiongroup.co.uk/forum/mbna/243487-mbna-lynne-thorius-solicitors.html

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Go through the coms log carefully to see if there's anything useful to your case.

 

Does the credit agreement appear to be exactly the same as you received before.

 

Have you had replies yet to the CPR 31.14 and 18 letters.

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Hi Slick thanks for your reply.

 

I do not know if I ever signed a credit agreements.

 

They have not replied to my CPR 31.14 or 18 letters.

 

The application form or so called credit agreements supplied is the exactly same as the one used in MBNA –v- Thorius case..

Does that mean I can use the above case law in case it goes to hearing....

I will try to upload the application form for you..

Also SAR only supplied for last 6 years, not from begining. seems they have hide it intentionally as it has PPI payments on them...

Should I sent one more SAR to get the statements from begining..

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  • 2 weeks later...

Hi jason - you have gone quiet - how's it going? - I am waiting for Restons to respond to my defence - just not very good at waiting - it was so manic getting the defence ready and this lull is really strange.

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

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  • 2 weeks later...

Here we go.. I am back...

 

I had no reply for my CPR 14 and 16 request.. but today I received AQ from Northampton.. and it gives me to file the AQ by 05 April 2010..

 

What does that mean? Does that mean MBNA/ Restons has not replied to my defence in 28 days to court? So the court send the AQ?

 

The AQ says ' A defence has been filed. I guess it talks about the defence that I have filed.

 

I do not understand why Court sed me the AQ. They should send it to Claimant...

 

Anyway I need ur kind expert help again..

Edited by jason_mnm
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Hi PT thanks for your reply..

 

No, I have not send copy of the CPR letter to Court, but I did wrote in my Embrassed defence about the CPR letters that I had sent..

 

Also to let you know I have received SAR from MBNA 3 weeks ago which included A copy of the application form and communication log and statement from 2004, but this account was opened in 2001..

 

Funny the application form has the signature which is not my official signature at all.. Also this application form look same as the MBNA –v- Thorius case..

 

This application form (without my official signature) has tick for NO PPI. But statements that I got in 2001 and 2002 have PPI payments...

Edited by jason_mnm
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ah

 

ok, the AQ is to assist the court on case management, it is a simple document which both parties complete and send to the court

 

 

If you have not had disclosure, how can you defend? i mean how can you raise a proper defence that the agreement is improperly executed for example if you dont have the agreement? common sense says you cant

 

I think you have walked into a problem by this, a request for an extension ( see CPR 15.5) of 28 days would have been proper along with a request for disclosure and in default of that request would give rise to an application for disclosure

 

thats how i would have dealt with this, in my day job

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