MBNA/Reston threating court action

[diddydicky]

40 days

[Mydogsawestie]

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 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

[jason_mnm]

Yape,.. every Little helps..

Welcome back Diddy..

 

Thanks to both of you..

[jason_mnm]

Is there anything I can do to prepare now for next stage?

[diddydicky]

wash some fresh underpants!

[jason_mnm]

Come on..I am being serious Diddy!!!!!!!!!!!!!!!!!!!

[slick132]

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.

 

[diddydicky]

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

[phatram]

Slick can you kindly send me a link to Fairyblue case who won against Reston...

bump

[citizenB]

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

[slick132]

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.

[jason_mnm]

Thanks to all of u.. Sorry my computer been too old and it was giving me problem for last two days..

 

Anyway to clarify plz, should I now wait for letter from Court or Restons or MBNA?

[slick132]

Hi Jason,

 

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

 

[jason_mnm]

Thanks Slick.. Have a wonderful sunday...

[jason_mnm]

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.

[Mydogsawestie]

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

[jason_mnm]

Received reply for SAR from MBNA with copy of application form and Comm log only. but nothing from Court.

 

Do I need to do anything now or wait for instructions from court?

[slick132]

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.

[jason_mnm]

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..

[LB145]

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.

[jason_mnm]

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 March 20, 2010 by jason_mnm

[pt2537]

you didnt send a copy of the CPR request to the County Court did you?

[jason_mnm]

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 March 21, 2010 by jason_mnm

[pt2537]

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

[jason_mnm]

Hi PT u r right, it does say for case management.

 

Now plz tell me what should I do?