wycombe V Restons (MBNA)

NewToTheFight · June 26, 2010

Might be worth trying to seperate the issue into heads of claim.

Then we can help you counter each & every point they raise.

Also you can introduce areas that you are strong into the argument

citizenB · June 26, 2010

After a lull - back into the fight again.

Today received a large package from Reston's with a Notice of Hearing of Application for Summary Judgement dated 24th June 2010. Hearing to take place on 26th August 2010 at my local County Court.

Presumably I will have to rebut this point by point with a Witness Statement?

Presumably I can also amend my Defence as there are a couple of points which I will need to change.

I will post up the 'evidence' that Reston's are relying on tomorrow - I do not have time now but I have a free day tomorrow to do everything.

Basically they are relying on the Application Form they provided me as their main plank, with separate terms and conditions amounting to 4 pages, yet another batch of terms and conditions with my name and address entered but unsigned, a large batch of copy statements of account, a copy of a letter before action, OFT Arrears info sheets, letter demanding immediate payment from Reston's, blank income and expenditure forms, copy of my CPR 31.14 request, copy of CPR 18 request, copies of Reston's reply to same, copy of my letter again requesting they comply with my CPR requests and provide the contract they mention in their POC - also revealing the existence of a 2nd Class MBNA envelope that I claim they sent their DN in and also enclosing a copy of Bank of Scotland v Robert Mitchell where Reston's withdrew, Reston's have included a photo copy of the Mitchell case plus the copies of the 2nd Class envelope.

To keep matters clear and to get pertinent help and information what copies will I need to post up?

Reston's case on the Application I will copy and post with all other relevant information tomorrow.

Yes, go through their WS rebutting each point for your own WS in response.

As for your defence, if you have now been provided with information that had been denied you before then you should be able to make mention of that with no problem.

wycombe · June 26, 2010

Thanks NTTF and citizenB for your replies. I have had time to scan and Photobucket their application for summary judgement and the links follow:

http://i1007.photobucket.com/albums/af194/toschka/26June201089.jpg

http://i1007.photobucket.com/albums/af194/toschka/26June201090.jpg

http://i1007.photobucket.com/albums/af194/toschka/26June201091.jpg

Now I definitely have to leave this until tomorrow when I will be back to the fray again!!

wycombe · June 27, 2010

Right I am going to try and get a rough draft WS to rebut the points made by Reston's in their Summary Judgement application as scanned in the previous posting.

Several questions.

How is this rebuttal WS titled and is it only to rebut Reston's arguments or do I need to prepare everything but the kitchen sink to throw at them?

What happens regarding the Allocation Questionaire with draft directions that was submitted previously? Can I refer to this in my WS?

When submitting an amended defence - how should this be addressed to the Court and is the previous defence then deemed null and void? Do I need to serve the amended defence to Reston's? I believe the WS has to be supplied to Reston's at least seven days before the actual hearing which, hopefully, will not be a problem.

As usual all comments and observations welcome as I am continuing my steep learning curve regaring all this!!

wycombe · June 28, 2010

Currently still working on the WS.

MBNA are still claiming a 'Credit Agreement' dated 08/01/2004 despite the Application Form being clearly dated 01/12/03.

They seem to be getting their date from when their records begin according to their Comms log which starts on 08/01/10. According to the Comms log the account was activated on 16/01/2004. After carefully scrutinising the log up to this date I can find no entry for them sending me either the card or a signed executed agreement though I must have received the card before 16/01/10 to have activated it!

Miss Tipping also states "These Terms and Conditions were present at the time the Defendant signed the agreement [they are not all on the copy of the application form provided] and were contained in the format of a leaflet."

So it appears they are admitting the terms and condition were not in the four corners of the document. What I do have is what I believe to be a copy of this leaflet entitled 'Virgin Credit Card - The Essential Guide' with the imprint UG-10-03-4721 CM (produced October 2003 I believe). This does not, in any way or form, contain any terms and conditions. It just waffles on about the benefits of having the card and contains an application form for PPI at the back (which I did not apply for). I have also located the first few statements which show the very first transaction on the account took place on 07/02/04.

My question is how much detail do I need to go into when producing the WS?

When I have completed a rough draft I will post it up on here - after all Reston's are going to get a copy anyway so if their eagle eyes are patrolling this forum it should not matter that much.

A few comments regarding the Application Notice would be appreciated to see if they fall in line with my observations so far.

As always all contributions welcomed.

wycombe · June 30, 2010

Still wrestling with the WS.

Does anyone know of any quotable examples or links to the same where MBNA have sent Default Notices 2nd class mail? I want to reinforce an argument that MBNA use 2nd class mail as standard to send all their missives particularly DN's. I want to have as many cases as I can find where this has happened up my sleeve so to speak.

Will still welcome comments on any of the above posts.

Dotty50 · June 30, 2010

Hi Wycombe,

I am pretty sure both of my MBNA ones were sent second class, I will have a look through my folder later and confirm this for you

wycombe · June 30, 2010

Thanks Dotty,

Are these 'finished' cases that I can quote? if yes details will be greatly appreciated.

Dotty50 · June 30, 2010

Sorry Wycombe,

Neither of mine have got this far.................yet, both UR and sold to DCA's

NewToTheFight · June 30, 2010

I would put effort into the argument in this order.

1) No agreement, don't forget the s59 argument

2) Prove the ts& cs are the ones in use & applicable to you or are there variations (it happens, I have 3 versions of the precontract app)

3) Are the app & terms compliant

4) requirement for a DN that complies

5) Does the app/ terms include provision for post contract interest

6) Are the charges in the alledged agreement lawful & fair

I'm not sure if you need chapter & verse at this stage or just bullet points but sooner or later you will need a full argument

NTTF

wycombe · June 30, 2010

Thanks NTTF.

I am now grappling with the DN! I am attempting to counter points raised in the same order that Reston's have presented them in the Application for Summary Judgement.

No doubt there are still bits and pieces to add/delete. Will spend part of tomorrow on this. I still have plenty of time to get this done and dusted - but I do not want to leave any stone unturned - hence all my questions.

I am determined they will not get Summary Judgement with the arguments they have presented which, to me, have more holes in than a sieve!

Its convincing a Judge that this is the case. So far I am still a 'Court virgin' not having yet to present anything in front of a Judge - especially one who may prove to be hostile!

diddydicky · June 30, 2010

i would not alert them as to your efforts regarding 2nd class postings of DN's UNTIL they have signed a witness statement stating that it was posted first class

much better to show their evidence to be incorrect/unrealiable than to alert them beforehand so that they do not follow this course

in other words let them have the rope to hang themselves before pulling the trapdoor lever

wycombe · July 1, 2010

Thanks DD

My Application Form or 'Contract' as Reston's like to refer to it contains the following snippet in a small box above the signature panel:

"YOUR RIGHT TO CANCEL Once you have signed this Agreement you will have for short time a right to cancel it. Exact details of how and when you can do this will be sent to you by post".

I am pretty sure this is non compliant with S62 and S63 but I am at a loss as to how to argue this. Anyone around who is more on the ball than me today who can advise?

Reston's have stated this document;

"was countersigned by the Claimant by a duly authorised officer in the top left hand corner".

Can this squiggle - outside the actual border of the document, undated, no indication who this is, under what authority or capacity was the signature placed here be a proper counter signing?

Here are the links to the document so cagers can see what I am referring to:

http://i1007.photobucket.com/albums/af194/toschka/Restons2.jpg

http://i1007.photobucket.com/albums/af194/toschka/Restons3.jpg

As always all comments opinions greatly appreciated.

NewToTheFight · July 1, 2010

Hi Wycombe,

I found this, maybe they will refresh peoples memory on this point

http://www.consumeractiongroup.co.uk/forum/general-debt-issues/104441-enforceable-cca-2.html#post2574467

http://www.consumeractiongroup.co.uk/forum/legal-issues/252964-cancellation-rights-agreements.html

diddydicky · July 1, 2010

the creditor can sign anywhere other than in the box that the customer signs

however if you are referring to that which appears at the very top left- i think i would be arguing very strongly that this was recently added and that in any event - would be demanding to know the name of the signator, and maybe even call him as a witness and ask him to provide evidence that this would be normal practice

the first point re the cancellation is ok but the MUST within 7 days send you a further copy of the agreement with the cancellation details on it

If you did not receive the cancellation copy in the post then state this in your evidence and put them to strict proof of this- since the agreement would then not be enforceable (s127 (4) i think

Edited July 2, 2010 by diddydicky

wycombe · July 2, 2010

Thanks to NTTF and DD for their comments and observations - as always much appreciated.

Back to working on this again today. I seem to be getting through a rainforest of paper and oceans of ink with all the bits and pieces I think are relevant being printed off.

I suppose it is better to be overprepared then underprepared!! Still the pruning shears may come in handy later to cut out any dead wood!!

foolishgirl · July 3, 2010

I want to reinforce an argument that MBNA use 2nd class mail as standard to send all their missives particularly DN's.

You don't need to mention 1st or 2nd class at this stage, just seek material POP from them as proof of service according to the Interpretation Act.

i would not alert them as to your efforts regarding 2nd class postings of DN's UNTIL they have signed a witness statement stating that it was posted first class

however if you are referring to that which appears at the very top left- i think i would be arguing very strongly that this was recently added and that in any event - would be demanding to know the name of the signator, and maybe even call him as a witness and ask him to provide evidence that this would be normal practice

Agree 100% with DD's comments above :-)

wycombe · July 3, 2010

As always my thanks FG.

I am very concerned that I may be far too detailed in my WS and be barking up the wrong tree in regards to some of the statements made and the terminology I have used. I would appreciate comments as to what I have roughly drafted so far as to whether acceptable or not as a WS. There are still a few points I will need to add to this first bit but in essence this is what I have so far. I do have an outline of the last bit and will work on that later once the first part is in an acceptable form:-

Filed on Behalf of Defendant

Witness: XXXXXXXXXXXXXX

i

Number: 1st

Exhibits: xxxx

In the XXXXXXXX County Court. Claim No. XXXXXXXXXX

Between

MBNA Europe Bank Limited (Claimant)

-And-

XXXXXXXXX (Defendant)

WITNESS STATEMENT of XXXXXXXXXXXX

1. I, XXXXXXXXXX make this statement in response to the Summary Judgement Application filed by the Claimants, MBNA Bank Europe Ltd. The matters referred to in this statement are within my own knowledge, except where I have indicated otherwise.

2. It is accepted that I had use of a credit card supplied by the Claimant at the material times and I admit filling in and signing an application form for this on 1st December 2003 but I deny ever receiving a properly executed and valid Credit Card Agreement from the Claimant which the Claimant states was "a Credit Agreement dated 08/01/2004".

3. After XXXXXXXXX, due to illness and hospitalisation, I was unable to make the minimum monthly payments requested on the monthly statements issued by the Claimant.

4. The Claimant was informed of my circumstances and inability to repay the full amounts and token amounts were paid on the account whenever statements were received. I also registered with the Consumer Credit Counseling Service and Community Legal Advice in order to regulate my debts so I could repay as much as I could afford by amounts determined through income and expenditure forms supplied by these two organisations. (exhibits xxxx and xxxx) The Claimant apparently deemed this unsatisfactory as a Claim was issued through the Northampton County Court on XXXXXXXX.

5.. On XXXXXXX and XXXXXXXX I submitted requests under CPR 18 and CPR 31.14 to Reston's solicitors for a copy of the original agreement, a copy of the original default notice, proof of how the sum claimed had been calculated and any other documentation that the Claimant would rely upon in pursuit of this claim (Exhibits xxx & xxx). They refused to comply with either request (Exhibits xxx & xxx) so I requested the information again on 10th April 2010, reminding them of their obligation to supply this information.

6. In response to these requests, on XXXXXXXX, Reston's sent me:

a) a document that is clearly a copy of an application form (Exhibit xxx)

b) a copy of some terms and conditions (Exhibit xxx)

c) a reconstruction of a Default Notice that they claim was sent on 8th February 2010 but have not provided any proof that this notice was posted on that date (Exhibit xxx)

d) some statements of account.

7. The Claimant has stated:

"On the reverse side of the original document are the terms and conditions - which include the Prescribed Terms (as defined by the Consumer Credit Act 1974) - these appear on the second page of exhibit MBNA1. The document signed by the Defendant would have been a single document containing the prescribed terms and conditions and therefore the first 2 pages of exhibit MBNA1 are copies of the same original Agreement"

It is my contention in the following points made that this is clearly not the case in the copy of the Application form provided by the Claimant and which the Claimant has indicated is the "Contract" stated in the Particulars of Claim that were issued through the Northampton County Court.

8. In respect of the purported credit agreement supplied by the claimant (Exhibit xxx) it is denied that it is a valid executed agreement and it is submitted that the document fails entirely to comply with the Consumer Credit Act 1974 and Consumer Credit (Agreeements) Regulations 1983 (SI 1983/1553).

9.. Firstly, the heading of this document does not comply with section 2, paragraph 4 of the regulations that state:

"Subject to paragraphs (5) and paragraphs (9) below, the information, statements of the protection and remedies, signature and separate boxes which the regulation requires documents embodying regulated consumer credit agreements to contain, shall be set out in the order given by paragraphs (a) to (f) below under, where applicable, the headings specified below -

(a) the nature of the agreement as set out in paragraph 1 of Schedule 1 to these regulations."

Paragraph 1 of Schedule 1 makes it clear that the order of presentation required by paragraph 4 of section 2 requires the agreement to be headed "Credit Card Agreement Regulated by the Consumer Credit Act 1974". The application form provided by the Claimant clearly fails this requirement.

10. Secondly, S60(1) of the Consumer Credit Act 1974 states that an agreement must contain certain Prescribed Terms under regulations made by the Secretary of State and referred to as the Consumer Credit (Agreements) Regulations 1983 (SI1983/1553).

11. The prescribed terms referred to are contained in Schedule 6 column 2 of the Consumer Credit (Agreeements) Regulations 1983 (SI 1983/1553) and are inter alia:

A term stating the credit limit or the manner in which it will be determined or that there is no credit limit, a term stating the rate of any interest on the credit to be provided under the agreement and a term stating how the debtor is to discharge his obligations under the agreement to make the repayments, which may be expressed by reference to a combination of any of the following:

a) Number of repayments.

b) Amount of repayments.

c) Frequency and timing of repayments.

d) Dates of repayments.

e) The manner in which any of the above may be determined; or in any other way, and any power of the creditor to vary what is payable.

12. Notwithstanding points 6 to10 above, the agreement must be signed in the prescribed manner to comply with S61 (1) CCA 1974. If the agreement is not signed by by debtor or creditor it is improperly executed and enforceable only by court order. The application form produced by the Claimant is not properly executed.-

13. The application form provided by the Claimant (Exhibit xxx) states

"Before you sign this agreement you must read section 11 in the terms and conditions provided".

Section 11 does not exist in the terms and conditions on either the front or reverse of the application form.

14. Furthermore the Default Notice supplied by the Claimant (Exhibit xxx) refers to another non existent clause in these terms and conditions, namely Paragraph 8:

"We refer to the above agreement which you have entered into with us. Paragraph 8 of that agreement provides that you must repay immediately the amount of any arrears on the account".

15. There is no relationship between the front or reverse of the Application form. These have the appearance of two separate documents as evidenced by the print codings on both - (Side 1 DP-09-03-124-M: Side 2 VIR-101-P). The Claimant has produced no evidence to show both parts are, in fact, related to one another or appeared on the same document.

16. It is the usual practice when completing application forms, final agreements or contracts to sign at the end of the document after all the terms and conditions have, in theory, been examined and read and to dispel any thought that such items can be added at a later date or a claim be made that these were not present. In the case of the Claimants document anything could have been on the reverse and it is up to the Claimant to prove that both sides are related in some way.

17. The Claimant will, therefore, be put to strict proof that these terms and conditions did actually form part of the original document that was presented to me to sign as they are clearly not present on the document marked as exhibit MBNA 1 submitted by the Claimant.

18. It is submitted that the credit agreement supplied falls foul of the Consumer Credit Act 1974 as the prescribed terms are not contained within the agreement. These terms must be contained within the agreement and cannot be contained within a separate document. I will refer to the case of Wilson and another v Hurstanger Ltd [2007] EWCA Civ 299 [11] which provides the precedent for this opinion.

19. The Claimant has stated:

"In accordance with the requirements of the legislation, these Terms and Conditions were present at the time the Defendant signed the Agreement and were contained in the format of a leaflet."

Here the Claimant is clearly admitting the prescribed terms and conditions were not contained within the agreement but within a separate leaflet.

20. The Claimant has not previously mentioned or produced a verifiable copy of this leaflet for me to examine to see if the terms and conditions do actually relate to the Application Form (exhbit MBNA 1) that was signed. In my possession is a document given to me at the time of application entitled "Virgin Credit Card - The Essential Guide" but this does not contain any Terms or Conditions relating to the Application Form. This is a small booklet extolling the benefits of a Virgin Credit Card with an application form contained within for Payment Protection Cover. (exhibit XXX)

21. The Claimant has attached a copy of what the Claimant states is a reconstitution of the Terms and Conditions that applied to the account at the time of application. There is no indication on this reconstitution that these terms and conditions actually applied to the account or formed part of the original application form. These terms and conditions do not have my signature on them and the Claimant has provided no proof they were actually sent to me.

22. If the agreement does not contain these terms in the prescribed manner it does not comply with section 60(1) CCA 1974 and the court is prevented from enforcing this agreement by S127 of the Consumer Credit Act 1974.

127(3) The court shall not make an enforcement order under section 65(1) if section 61(1)(a)(signing of agreements) was not complied with unless a document (whether or not in the prescribed form and complying with regulations under section 60(1)) itself containing all the prescribed terms of the agreement was signed by the debtor or hirer (whether or not in the prescribed manner).

23. I will refer at trial to the authority of the House of Lords in Wilson v FCT [2003] All ER (D) 187 (Jul) which confirms that where a document does not contain the required terms under the Consumer Credit Act 1974 and the Consumer Credit (Agreements) Regulations 1983 (SI 1983/1553) and Consumer Credit (Agreements) (Amendment) Regulations 2004 (SI 2004/1482), the agreement cannot be enforced by the court by virtue of S127.

24. This view is further confirmed by Lord Nicholls of Birkenhead in his judgement in the case of Wilson and others v Secretary of State for Trade and Industry [2003] UKHL and accords with the approach by the House in Orakpo v Manson Investments Ltd [1978] AC 95, regarding S6 of the Moneylenders Act 1927 and, more recently, in Dimond v Lovell [2002] 1 AC 384, another case where section 127(3) precluded the making of an enforcement order.

25. I will also refer to the web site of Francis Bennion, the drafts person of the Consumer Credit Act 1974 and note in particular a PDF document that the honourable Mr. Bennion has published which states:

"As the draftsman of the Consumer Credit Act 1974 I would like to thank Dr. Richard Lawson for his interesting and well-argued article (30th August 2003) on Wilson v First County Trust Ltd [2003] UKHL 40 [2003] 4 All ER 97. Dr Lawson may be interested to know that I included the provision in question (section 127(3)) entirely on my own initiative. It seemed right to me that if the creditor company couldn't be bothered to ensure that all the prescribed particulars were accurately included in the credit agreement it deserved to find it unenforceable , and that the court should not have power to relieve it from this penalty. Nobody queried this, and it went through Parliament without debate. I'm glad the House of Lords has now vindicated my reasoning and confirmed that nobody's human rights were infringed. (167 Justice of the Peace (2003) 773)

26. If the Claimant is in disagreement, then it is respectfully requested that the Claimant bring before the court the signed credit agreement containing the prescribed terms laid out in SI 1983/1553 S6 and signed by both creditor and debtor as laid out in Regulation 6 of SI 1983/1553 and contained within one document. There can be no valid reason why the Claimant is unable to produce the original signed, executed and enforceable agreement that the Claimant alleges exists, as documents such as this must be held for five years following the closure of an account to comply with the legislation known as the Money Laundering Regulations 2007 No. 2157.

27. Should the Claimant be unable to produce the original agreement signed by both debtor and creditor and containing the prescribed terms, I request that the court uses its powers under Section 142 Consumer Credit Act 1974 and declare the agreement supplied by the Claimant (Exhibit xxx) unenforceable.

28. In case it is suggested that the claim falls under the Consumer Credit Act 2006, it is drawn to the courts attention that Schedule 3, S11 of the Consumer Credit Act 2006 prevents S15 repealing S127(3) of the 1974 Act for agreements made before S15 came into effect. Since the agreement would have commenced prior to the inception of the Consumer Credit Act 2006, section 15 of the 2006 Act has no effect and the Consumer Credit Act 1974 is the relevant Act in this case.

As usual all comments welcome. Am I on the right track?

NewToTheFight · July 3, 2010

Did they supply you with an agreement or a precontract application form?

13) section 11 does not exist in the supplied terms

21) Strict proof required? who did the reconstruct? where did they get their info?

Just a couple of thoughts

vint1954 · July 3, 2010

Thanks DD

My Application Form or 'Contract' as Reston's like to refer to it contains the following snippet in a small box above the signature panel:

"YOUR RIGHT TO CANCEL Once you have signed this Agreement you will have for short time a right to cancel it. Exact details of how and when you can do this will be sent to you by post".

I am pretty sure this is non compliant with S62 and S63 but I am at a loss as to how to argue this. Anyone around who is more on the ball than me today who can advise?

Reston's have stated this document;

"was countersigned by the Claimant by a duly authorised officer in the top left hand corner".

Can this squiggle - outside the actual border of the document, undated, no indication who this is, under what authority or capacity was the signature placed here be a proper counter signing?

Here are the links to the document so cagers can see what I am referring to:

http://i1007.photobucket.com/albums/af194/toschka/Restons2.jpg

http://i1007.photobucket.com/albums/af194/toschka/Restons3.jpg

As always all comments opinions greatly appreciated.

I don't think that you need to worry too much about the class of post.

There is First class Royal Mail.

There is second class Royal Mail.

Then there are all of the others, TNT, UKMAIL, Wells fargo!

If it isn't Royal Mail First Class, then at best it is second class minimum. ( unless delivered by hand or pony)

With regards to application forms being turned into agreements, they probably can, if set out correctly.

I have maintained for a long time, that if an application is a dual document, to be turned into an agreement, then it must be able to do so. As the act demands, it must be signed by both parties. If a creditor wants their application form to be a contract or agreement, then it needs to have a propper signing point for both parties and not a point for your sig and a squiggle and stamp for the creditor.

It's like any other contract. There are all of the clauses and conditions, remedies and penalties for default of parties contractural obligations, then both sign and date. The CCA demands the same, with the exception that there are only prescribed terms ( critical clauses) that have to be within the signature document. If all of the clauses were in the signature page, then your CCA would be a foot tall.

You must remeber that the CCA was put in place to protect you. It tells you what the creditor must do and how he must behave in given situations. I don't recall a section in the act or subsequent amendments that say the creditor can do what he wants and chuck out any old poo written on a fag packet and that will surfice as an agreement.

Vint

vint1954 · July 3, 2010

And don't forget to discredit their copy of the application. The reverse scan is clearly not of the actual document. They would not leave all of that blank space.

wycombe · July 3, 2010

Thanks Vint and Nttf for your comments.

I have added paras 17, 22 and 23 to the body of the WS. I have also changed para 15.

Any comments appreciated on these additions - especially the wording. Can anything else be succinctly added?

Currently the WS reads:

Filed on Behalf of Defendant

Witness: XXXXXXXXXX

Number: 1st

Exhibits: xxxx

In the XXXXXXXXX County Court. Claim No. XXXXXXXX

Between

MBNA Europe Bank Limited (Claimant)

-And-

XXXXXXXXXXXX (Defendant)

WITNESS STATEMENT of XXXXXXXXXXX

1. I, XXXXXXXXX make this statement in response to the Summary Judgement Application filed by the Claimants, MBNA Bank Europe Ltd. The matters referred to in this statement are within my own knowledge, except where I have indicated otherwise.

2. It is accepted that I had use of a credit card supplied by the Claimant at the material times and I admit filling in and signing an application form for this on XXXXXXXX but I deny ever receiving a properly executed and valid Credit Card Agreement from the Claimant which the Claimant states was "a Credit Agreement dated XXXXXXXXX".

3. After June 22nd 2009, due to illness and hospitalisation, I was unable to make the minimum monthly payments requested on the monthly statements issued by the Claimant.

4. The Claimant was informed of my circumstances and inability to repay the full amounts and token amounts were paid on the account whenever statements were received. I also registered with the Consumer Credit Counseling Service and Community Legal Advice in order to regulate my debts so I could repay as much as I could afford by amounts determined through income and expenditure forms supplied by these two organisations. (exhibits xxxx and xxxx) The Claimant apparently deemed this unsatisfactory as a Claim was issued through the Northampton County Court on XXXXXXXXXX.

5.. On XXXXXXXX and XXXXXXXX I submitted requests under CPR 18 and CPR 31.14 to Reston's solicitors for a copy of the original agreement, a copy of the original default notice, proof of how the sum claimed had been calculated and any other documentation that the Claimant would rely upon in pursuit of this claim (Exhibits xxx & xxx). They refused to comply with either request (Exhibits xxx & xxx) so I requested the information again on XXXXXXXX, reminding them of their obligation to supply this information.

6. In response to these requests, on 15th April 2010, Reston's sent me: