County Court Claim received MBNA\Restons

[haggis1984]

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.

 

 

Well if they're not sure they're suing the right person theyd best withdraw proceedings hadnt they?!

 

Im sure someone will be able to advise you

 

Legal definition of signature:

 

http://legal-dictionary.thefreedictionary.com/signature

[LB145]

This letter has been playing on my mind through the night - you know how thye get you! The wording of their letter:

 

"The signature on this letter greatly differs from the signature on the Credit Agreement we hold. You will appreciate that we must ensure we are corresponding with the correct person and that anyone requesting information is entitled to receive it. As we are not certain we are correspondng witht he correct person we must ask that you provide evidence of your current signature e.g passport or driving licesnce. Without this we are not prepared to release copies of any of the documentation requested."

 

By the way this has not been signed by the Litagation Exec but p.p. by someone!!!

 

Also the "credit agreement" they refer to is the Application Form - in my sending yet another proof of signature am I accepting that the Application Form is the Credit Agreement or do I still need to clarify my opinion with them or will they use this against me in court??? (the mnd is going into overdrive ).

 

And is the delaying of them sending the information going to hinder my defence, as I need to "Acknowledge my intention to defend" on line by the end of this week??

[haggis1984]

Hi LB,

 

Im unsure how to proceed so have reported to a moderator to get you some more advice.

[LB145]

thanks Haggis!

[vint1954]

This letter has been playing on my mind through the night - you know how thye get you! The wording of their letter:

 

"The signature on this letter greatly differs from the signature on the Credit Agreement we hold. You will appreciate that we must ensure we are corresponding with the correct person and that anyone requesting information is entitled to receive it. As we are not certain we are correspondng witht he correct person we must ask that you provide evidence of your current signature e.g passport or driving licesnce. Without this we are not prepared to release copies of any of the documentation requested."

 

By the way this has not been signed by the Litagation Exec but p.p. by someone!!!

 

Also the "credit agreement" they refer to is the Application Form - in my sending yet another proof of signature am I accepting that the Application Form is the Credit Agreement or do I still need to clarify my opinion with them or will they use this against me in court??? (the mnd is going into overdrive ).

 

And is the delaying of them sending the information going to hinder my defence, as I need to "Acknowledge my intention to defend" on line by the end of this week??

They are not entitled to ask for these documents but often do so. Your excuse here is that the ICO do not require it if they have been previously sending documents to your address, plus there are issues surrounding Identity theft.

 

Have you sent them a letter with an altered signature on? If not, they probably do not have it.

[vint1954]

Sorry LB, is this in response to your CPR 31.14 letter. If so, they have already supplied you with documents earlier. The court will take a dim view of this.

 

Have you acknowledged the claim online yet?

[LB145]

Sorry LB, is this in response to your CPR 31.14 letter. If so, they have already supplied you with documents earlier. The court will take a dim view of this.

 

Have you acknowledged the claim online yet?

 

Hi Vint

 

Yes this is in repsonse to the CPR 31.14 (unsigned) when I sent the letter again signed (slightly different sig).

 

I am going to acknowledge today online (scared- husband is going into major panic that I am out of my depth!)

[vint1954]

No, dont wory. Just acknowledge the claim, say that you will defend all of the claim but DO NOT PUT IN YOUR DEFENCE YET. you have another 14 days.

 

Reply again to sols with your usual signature over the crosses, thereatening to tell the court that they are trying to frustrate your attempts to defend.

[LB145]

Have just done my Acknowledgemnt of Service - need to prepare defence

 

Sent another letter to Restons changed the date but used the same CPR 31.14 letter but added a sentence about it being the third letter sent to them and that correspondence was sent previously by themselves and MBNA and that they are trying to frustrate my defence.

[jason_mnm]

Did u sign ur last CPR 31.14 letter?

 

I sent mine on 20th Jan, till now I have not received any reply from them.. I too got to file my defence by next week...

[supasnooper]

I would advise that you read this thread - http://www.consumeractiongroup.co.uk/forum/legal-issues/241827-legal-action-how-start.html

[LB145]

Did u sign ur last CPR 31.14 letter?

 

I sent mine on 20th Jan, till now I have not received any reply from them.. I too got to file my defence by next week...

 

Hi Jason, I did not sign the first CPR 31.14 as they have had previous correspondence from me always unsigned, the 2nd one was signed in a different style( I kept a copy) then they rejected that letter and I have sent another with my usual signature with lots of XXXXXXX's - I also made it very clear that they have corresponded with me previously and that they are trying to delay my defence.

 

How are you doing with yours?

[LB145]

I would advise that you read this thread - http://www.consumeractiongroup.co.uk/forum/legal-issues/241827-legal-action-how-start.html

 

Thanks I have read and saved it for reference - I have been looking at the "buddy" - how does it work and do many others use it Obviously I have no legal background so I gather all the help I can.

[LB145]

Update - post arrived still nothing from Restons with regard to The CPR 31.14 - I need to file my defence by 10th Feb and having read lots of threads at the same stage realise how accurate it needs to be! what now and how long do I wait????

[supasnooper]

You've read pt's thread then you'll know that you need to make an application to the court under CPR 31.15 for disclosure.

 

You would also have read that under CPR 15.5, you would ask Restons to agree for an extension of 28 days whilst they comply with the order. When they do agree, you notify the court as well.

[LB145]

You've read pt's thread then you'll know that you need to make an application to the court under CPR 31.15 for disclosure.

 

You would also have read that under CPR 15.5, you would ask Restons to agree for an extension of 28 days whilst they comply with the order. When they do agree, you notify the court as well.

 

Do I make this application to the court on line? (tomorrow???)

 

If i ask Restons to agree an extension - I post tomorrow (Special Delivery) they receive it Monday (8th) I need to do my defence for (10th) will this all overlap????? How quickly do the courts respond????

 

Sorry lots of questions but it just freaks you out!!! once i get the answers I can deal with it step at a time! Its the massive leaps that panic me.

[Mydogsawestie]

Update - post arrived still nothing from Restons with regard to The CPR 31.14 - I need to file my defence by 10th Feb and having read lots of threads at the same stage realise how accurate it needs to be! what now and how long do I wait????

 

Hi your welcome to what I put together in my orig defence for your 10th Feb (should it help?) although I was unlucky in having a family djudge in my case at court last summer who wasnt up on consumer law so going through an appeal at present .....should this help you or in paticular royalblue1878's thread who is just ahead of you at present then you will find the details here.....hope it helps & well done in your determination in dealing with this duo so far.... http://www.consumeractiongroup.co.uk/forum/legal-issues/218054-mbna-help-needed-2.html#post2462965

[supasnooper]

Do I make this application to the court on line? (tomorrow???)

 

If i ask Restons to agree an extension - I post tomorrow (Special Delivery) they receive it Monday (8th) I need to do my defence for (10th) will this all overlap????? How quickly do the courts respond????

 

Sorry lots of questions but it just freaks you out!!! once i get the answers I can deal with it step at a time! Its the massive leaps that panic me.

 

 

From what you have written, I think it would be prudent to just adhere to submitting a defence.

 

Your defence must defend against every point raised by the Claimant.

 

I would have a good look around the site at how defences are constructed and how they are layed out.

 

A start would be to look at MDAW's thread.

 

Once you have compiled your defence, post it up here for scrutiny.

 

If you do not feel confident in defending your case, then I would suggest that you look for a no win, no fee solicitor ..... there are plenty around.

Edited February 5, 2010 by supasnooper
missed out info.

[LB145]

Had to work yesterday and today so just snatched reading, I spent four hours last night going through other threads to educate and gain knowledge, only up to page 14 on Fairybyblues thread (and I am a fast reader I might add!) - my defence needs to be in on 10th Feb - MBNA have only ever sent an application form, a faulty DN - restons have not responded - I have checked the application form and there are no PPI being self employed we never ticked the box for insurance. I need to get my defence together, unfortunately got to work today (but needs must) so cant do anything today and my daughter has just told me there is "no quality time"!

 

Supasnooper I have been reading your thread re Restons - congrats!

[LB145]

Have been trawling the threads again - came across this -

 

"But then again by asking for the docs it is because it is in dispute if you indeed owe any of this orig debt in the first place. Perhaps you can remind them in your reply that you have an excellent chance of successfully defending this case and remind them of.....

 

Sir Andrew Morritt's view in the Court of Appeal on the whole issue of CCAs:

Quote:

“In effect, the creditor--by failing to ensure that he obtained a document signed by the debtor which contained all the prescribed terms--must (in the light of the provisions in ss 65(1) and 127(3) of the 1974 Act) be taken to have made a voluntary disposition, or gift, of the loan moneys to the debtor. The creditor had chosen to part with the moneys in circumstances in which it was never entitled to have them repaid”.

 

 

Thanks MDAW (been reading yours and Royalblue's) and may use part of your defence - can you confirm that you did not receive a reply from your CPR 31:14

[royalblue1878]

Thanks MDAW (been reading yours and Royalblue's) and may use part of your defence - can you confirm that you did not receive a reply from your CPR 31:14

 

Just in case you were asking me as well!

 

They did reply although just to say that they did not have the originals and that their client may rely on a blank application form (already supplied) or a reconstituted version. The word MAY is relevent here as if they were confident they would probably have used the word WILL.

 

My cpr 31:14 request was not mentioned at all in their reply.

 

Rgds,

 

Royalblue.

[Mydogsawestie]

Thanks MDAW (been reading yours and Royalblue's) and may use part of your defence - can you confirm that you did not receive a reply from your CPR 31:14

 

Requested my CPR31.14 24th Feb 2009 on the 19/03.09 I received what they had on my CCA in the form of a "Priority Request form, latest T & C 2008 (not origs) and a copy Def noice referring to an acct with different acct numbers on it (Not as was originally posted to me in the Jan2009). If they think thats all that was needed under CPR 31.14 then they were seriously mistaken.

[LB145]

Just in case you were asking me as well!

 

They did reply although just to say that they did not have the originals and that their client may rely on a blank application form (already supplied) or a reconstituted version. The word MAY is relevent here as if they were confident they would probably have used the word WILL.

 

My cpr 31:14 request was not mentioned at all in their reply.

 

Rgds,

 

Royalblue.

 

Thanks Royalblue & MDAW - I am feeling abit neglected as I am getting abit freaked (all part of the journey) - so pleased to hear that others are out there. I have read and added so many threads for info that everything is whirring!!

[LB145]

MDAW - just a chuckle - I spent ages trying to find the thread mentioned by MDAW then finally the penny dropped and I realised it was yours "Mydogsawestie" and you had left comments previously on this thread - probably time to sign off and just put it down to a very long week - another starts tomorrow!

[Dotty50]

Hi LB, sorry I can't really help much at this point but did find this thread, it's very long but may be of use.

 

 

http://www.consumeractiongroup.co.uk/forum/DCA-legal-successes/170484-fairbyblue-mbna-restons-court-49.html#post2355090