County Court Claim received MBNA\Restons

[LB145]

Think this needs to be on a new thread previously combined with two other MBNA cards 3- in total MBNA 1, MBNA VIrgin 2, MBNA 3 (Husbands):

 

Received County Court Papers from Restons on behalf of MBNA yesterday.

 

The CCA request was way back in April 2009 - they have a copy of a signed application form dated May 2001 - the only typed personal information is my middle initial, surname and address - the rest is handwritten by me - I have noticed that the typed middle inital and surname - I have never used my middle name - the application form is filled out in my forename - all statements from MBNA have always had my first full name - but all of a sudden Restons have addressed thir letters to Forename Middle Initial Surname - am I clutching at straws!

 

I previously wrote to Restons informing them that an application form is merely that etc. they responded with

 

http://i713.photobucket.com/albums/ww132/Diamond40_photo/RestonsJAN2009.jpg

 

and now County Court Papers! Help required:eek:

Edited January 17, 2010 by LB145
Needed to add link

[LB145]

I have been reading the threads on procedures and yep I am going to need all the assistance I can gather - but forward I go!

 

I need to go online and do the Acknowledgement of Service and that I will defend the claim do I counterclaim or just defend ( I know it is my decision and all advice given is just advice but I greatly appreciate it - so I thank you in advance!

[LB145]

Also will the case be heard in Northampton or the local court?

[vint1954]

Just transferring information.

 

POC:

 

Yes from Northampton -

 

"Particulars of Claim

THE CLAIMANT CLAIMS PAYMENT OF THE OVERDUE BALANCE DUE FROM THE DEFENDANT UNDER A CONTRACT DATED ON OR ABOUT xxxxxxxxx IN THE SUM OF xxxxxxxx INCLUSIVE OF INTEREST TO THE DATE OF THIS SUMMONS AT 8% PER ANNUM FROM xxxxxxxxx TO xxxxxxxxxx

 

PARTICULARS A/C NO:************

 

DATE ITEM VALUE

xxxxxxxxxx DEFAULT BALANCE xxxxxxxxxx

POST REFRI CR NIL

 

xxxxxxxxxx INTEREST xxxxxxxx

TOTAL- xxxxxxxxxx

 

TOGETHER WITH:-

INTEREST PURSUANT TO S69 COUNTY COURTS ACT 19 AT THE RATE OF xxxxxxxxx PENCE PER DAY TO THE DATE OF JUDGEMENT OR SOONER PAYMENT."

[vint1954]

They are not allowed to charge s69 interest on CCA 1074 agreements. Idiots.

 

Callender.

 

Claim Filled 11th January 2010

 

Served 16th January 2010

 

Acknowledge online by 30th January 2010

 

Defence by 12th February 2010.

 

Actions:

 

Send CPR 31,14 letter.

 

Acknowledge online saying you will defend the lot by 28th January 2010

 

File defence by 10th Feb 2010.

[vint1954]

LB, send this off tomorrow, Special delivery, cost about £4.95.

 

Needs to go to the solicitors acting for MBNA.

 

Dear Sir,

 

Re: MBNA EUROPE BANK LTD v xxxxxxxxxxx Case No: xxxxxxxxx

CPR 31.14 Request

 

On 16th January 2010, I received the Claim Form in this case issued by you out of the Northampton ( CCBC ) County Court.

 

I confirm that I am in the process or returning my acknowledgement of service to the court in which I indicate my intention to contest all of your claim.

 

Prior to the issue of proceedings I had delivered a request for the production of the agreement mentioned in the Claim Form and on which you rely. That request remains unfulfilled, supplying only inadequate, reconstructed and illegible documents.

 

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 documents mentioned in your Particulars of Claim:

 

1 The agreement, a true copy of both sides of the original executed 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 originals should be available at the hearing. Further, that any general conditions incorporated in the contract should also be attached.

 

2 The default notice

 

Cont:

3 The termination notice

4. The MBNA communications log relevant to this account.

5. Any other documents mentioned in the Particulars of Claim

 

You should ensure compliance with your CPR 31 duties and ensure that the documents 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 versions to include an obligation to recover and preserve such versions, 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

[vint1954]

What were the dates on the DN on this account and ballance or arrears claimed.

[LB145]

What were the dates on the DN on this account and ballance or arrears claimed.

 

DN dated 03 November 2009 - do you want me to type the amounts?

 

http://i713.photobucket.com/albums/ww132/Diamond40_photo/MBNAAccount1DefaultNoticeBlanked.jpg

[vint1954]

DN dated 03 November 2009 - do you want me to type the amounts?

 

http://i713.photobucket.com/albums/ww132/Diamond40_photo/MBNAAccount1DefaultNoticeBlanked.jpg

No, that's fine

[LB145]

Vint - I am just on line doing Respond to Service - have filled in personal contact stuff - which bit do I tick " Do I tend to contest jurisdition"?

[vint1954]

No need to do that yet. Not sure if it will shorten your time to defend. Click a triangle to get site team advice.

 

But no you do not contest juristiction. That relates to it being county court. It will be transferred to your local court when your defence goes in.

[LB145]

No need to do that yet. Not sure if it will shorten your time to defend. Click a triangle to get site team advice.

 

But no you do not contest juristiction. That relates to it being county court. It will be transferred to your local court when your defence goes in.

 

So do not do the "Respond to Service " now

[LB145]

Vint - just typed letter to send to Restons as above - do I have to sign this or blank as normal? - sorry for asking such stupid questions but I think this has really messed with my brain!

[haggis1984]

HI LB145

 

Subbing as Im gonna be in the same situation as you shortly.

 

Don't really have any expertise to help you though unfortunately, so im just gonna wish you good luck

 

With the letter Id sign it slightly differently to my normal signature (with a middler initial or something).

[vint1954]

So do not do the "Respond to Service " now

See the dates above and take off a couple of days.

[vint1954]

Vint - just typed letter to send to Restons as above - do I have to sign this or blank as normal? - sorry for asking such stupid questions but I think this has really messed with my brain!

Not blank but print your name.

 

Are restons acting for MBNA on the claim form.

[LB145]

Not blank but print your name.

 

Are restons acting for MBNA on the claim form.

 

Claimant is MBNA, address for sending documents and payments is Restons

[vint1954]

Send it to Restons

[LB145]

Send it to Restons

 

Thanks Vint - I wish I could take all you knowledgeable ones with me! my husbands has gone into complete panic mode!

[vint1954]

Don't panic.

 

Take everything one step at a time.

 

Do your research.

 

Understand everything that is being said and done.

 

I know the easiest option is to send letters off and put defences in that others may suggest. You do however need to read the letters and defences, understanding each sentence. If you don't then ask someone what it means. If you are to defend things yourself, you realy do need a good understanding of all of the process and be able to defend what you are saying.

[LB145]

As you may have grasped I am not shy to ask questions - obviously as things gather momentum it becomes major , I do love your well written letters and I do make sure that I understand the content even if I am unclear on the Legal Quotes - I am just going to have to soak up more knowledge - as you say one step at a time! By the time my other issues progress I will be a "master" as you say one step at a time.

[vint1954]

As you may have grasped I am not shy to ask questions - obviously as things gather momentum it becomes major , I do love your well written letters and I do make sure that I understand the content even if I am unclear on the Legal Quotes - I am just going to have to soak up more knowledge - as you say one step at a time! By the time my other issues progress I will be a "master" as you say one step at a time.

Well done, you do need to understand it all, if only to explain it to me:D

[LB145]

I sent my letter to Restons Special Delivery and have just received a letter back from Restons stating that my "draft" letter has not been signed and they will not acknowledge receipt nor provide any response unless I sign the letter!

[vint1954]

I sent my letter to Restons Special Delivery and have just received a letter back from Restons stating that my "draft" letter has not been signed and they will not acknowledge receipt nor provide any response unless I sign the letter!

Have they signed their's.

 

Sign it in a slightly different way so that you can recognise if they try to lift it. Keep a scanned copy.

 

Or.

 

Sign it over 2 lines of x's

 

xxxxxxxxxxxxxxxxxxxxxx

 

xxxxxxxxxxxxxxxxxxxxxxx

[LB145]

Received another letter from Reston's stating that my signature does not match the one on their file so they now require copy of driving licence or passport before they will release the relevant documents.