Slevin V Mbna

[CoventryCrusader]

hi reference the above posts #56 & #60

 

 

I can not understand why the attachment is too small, to make it easier to read I have copied it out word for word......

 

 

 

 

“..........Further to the above, in response to point 4 of your letter, we confirm that as detailed in the winess statement of Dianne Powell, the original credit agreement was stored off site . The copy credit agreement retained (a copy of which has previously been sent to you) was sent to recall and our client is unable to retrieve a copy of the same, due to a number of things, possibly that the agreement is not where it should be, due to misplacement or the Agreement did not contain the correct account number and therefore could not be correctly referenced.

 

 

The witness statement of Nageena Kauser in support of the case management conference, which took place on 18th January 2009, confirms that the original document is scanned and then destroyed and MBNA do not have a copy of the Agreement in their possession.

 

 

The second witness statement of Nageena Kauser completed in response to your Defence, confirms that MBNA have been unable to provide you and the Court with a copy of the signed Agreement, however a reconstituted copy of the Agreement which has been reconstituted from sources and Agreements has been provided to you.

 

 

In addition to the above, we confirm that the witness statement of Dianne Powell, filed in accordance with the court order of District Judge Kesterton clarifies the position in more detail as to why MBNA are unable to obtain a copy of your credit agreement. You will note from paragraph 6.3 of the statement that a number of MBNA's credit agreements and associated correspondence are stored off site, known as recall, which is an off site storage facility. The credit agreements are keyed onto the claimants system and then stored off site.

 

 

For the avoidance of doubt, we confirm that the procedure is detailed in the witness statement of Dianne Powell....... “

 

 

 

 

 

 

Below are the extracts from the witness statements

 

 

1st Witness statement of Nageena Kauser

 

 

4.2 The defendant states in his defence that he has requested a copy of the Credit agreement (the Agreement) from the claimant, however, he has not been provided with a copy . The claimant has been unable to obtaim a copy of the Defendants Agreement as once the agreement was received by the Claimant from the Defendant, the Agreement was scanned onto the Claimants computer system and destroyed. The claimant does not have a copy of the Agreement in its possession and is unable to produce it to the Court, The Claimant has however obtained a reconstituted copy of the Agreement, which is an unsigned copy of the Defendants Agreement with terms and conditions and is attached to this statement.

 

 

2nd Witness statement of Nageena Kauser

7.The Claimants Agreements are stored in a separate department . As the storage company was unable to provide a copy of the original signed agreement, the claimants unique reference number was obtained. Each template agreement is given a unique reference number known as a source code so it can be individually identified and tracked to the date of use. From the source code identified, the claimant was able to locate copy agreements made with other customers with the same source code as the Agreement issued to the defendant.

 

 

Finally, Dianne Powell's witness statement.

 

 

6.3By way of an explanation. The claimant confirms that a number of debtors credit agreements and associated correspondence are stored off site at “Recall” which is an off site storage facility. The Claimant then allocates a box reference number for the applications that are stored. If the claimant is notified that they are unable to to locate a particular Agreement, it could be due to a number of things, namely that the application was not where it should have been due to misplacement or the Agreement did not contain the correct account number and therefore could not be correctly referenced..

 

 

If you can make sense of this then you are a genius

 

 

first they say they have destroyed it, then they have not , they claim to have sent me a copy with a signature yet they say that they can not find the original

 

 

They fact still remains . They need to produce the original in court with all of they prescribed terms and both my signature and the signature of MBNA for it to be an executed agreement

 

 

any one wish to comment?????

 

 

Frank

[CoventryCrusader]

Lol lol lol lol lol lol

[CoventryCrusader]

i know... ive read some "funny" stuff on there before

 

their P.R. people do some great work.

[liberty4us]

Boy, I wished I would have known about this page and read all your correspondence. I too had a MBNA account, had an excellent record with them, my payments were always on time, I really had no problems. They eventually increased my credit limit, which at the time I thought it was flatering that I was credit worthy.

Recession hit in December 2008 and I found myself unemployed, and applying for JSA for the FIRST time in my life.

I immediately informed all my creditors, mortgage company and bank of this..... and to my amazement I found no sympathy nor understanding. They were concerned for one thing and ONE thing only their PAYMENT. I was becoming increasingly nervous, and overwhelmed by my situation. Many times I just wanted to run away and never come back, a feeling of sheer desperation and moreover I felt helpless. My income was minimal and my debts triple my outgoings.

I offered MBNA a £5 per month payment, it was a matter of survival, food on the table and utilities paid, I was not doing this because I am lazy or irresponsible with my debts, all to the contrary.... They did not wanted to hear this, they bombarded me with phone calls, morning, noon and night. I kept repeating the same situation over and over, and it fell on to deaf ears. They became more and more abusive, I asked them; But you are taking my £5 pounds every month, why are you still harrassing me? I have no money....If I did, do you honestly think I would be putting up with your abuse?? They left me in tears and shaking everytime. To cut a long story short, they have issued a court hearing for a CCJ again, this is something I have never ever had. I have just filed a variation order, as I have started a new job and I offered them a monthly fee of £35 per month. They refused, and they are taking me to court, as they want £290 over the next 3 months. Then the debt will be paid off, and I will still end up with a CCJ on my credit report. I opened my account with them in 2004..... Optima are ruthless and devious... Can I still get any help or is it too late for me.

I admire ALL of you [Coventrycrusader, Langster and everyone] for all your stamina and optimistic point of view. Considering Bank of America received a HUGE amount of money from Obama's Stimulous Package, from the US taxpayers [a.k.a. BAILOUT], they are now enforcing their double standard policy on the same people that keeps them in business. We have to change certain laws, I know this, perhaps a revisit of the Consumer's Credit Act 1974 would be a start....

Let me know what you think....and thank you for all your informative postings, I now have new reading to do.....

[CoventryCrusader]

Court Date

 

have the court date for 17th September...(cant wait)

 

i have to prepare a case summary of no more than 250 words and a bunndle of supporting documents

 

if i have already supplied documents as the Disclosure Documents previously , do i need to do them again as part of this Bundle??

[CoventryCrusader]

SUMMARY JUDGEMENT

 

Came home to a surprise in the post.... OPTIMA have applied for SUMMARY JUDGEMENT (again)

 

they applied in January and a hearing was held. It was adjourned and later restarted in March/April. It ws then decided that the matter would go to a full hearing to take place 17th September 2010. So you can imagine my suprise that they have applied for it again.

 

i would prefer to have a full hearing in September, what can i do to counter this application??????

 

Frank

[CoventryCrusader]

Hi Langster

 

The more bad press they get the better. Brought it upon themselves

 

Regarding the SJ.

 

They aplied for SJ and a case management hearing was held along with their application for SJ

 

I did not receive their witness statement until Friday mornig and the hearing was set for the following Monday. (true to form for Optima)

I prepared my defence over the weekend and gave it to the representative for optima about an hour before the hearing.

 

at the hearing the representataive for optima presented their case, i then presented mine. The representative then asked for an adjournment on the grounds hhe had not had time to prepare due to my defence being submitted late. ( pot calling the kettle black). The judge adjourned the hearing but gave the Optima representative a telling off for not getting the witness statement to me on time.

 

The hearing resumed a few months later , by this time they submitted another witness statement by the same person (Nageena Kauser) which contradicted the first one. A different judge presided over the hearing. Optima "withdrew" their application for SJ . The judge did not give me the opportunity to point to the changes in the witness statement and within 10 minutes decided that it should go to a full hearing.

 

Now the new application By Optima for SJ

 

I am writing to the court today to express my concern and that i wish it to proceed to a full hearing on 17th September. That way i will be able to bring up the conflicting Witness statements and have an opportunity to cross examine the witnesses.

 

any advice going forward?

 

Frank

[CoventryCrusader]

Hi Langster.

 

Took the weekend off. Although this is very important to me, if i am not careful it will consumer my every waking hour and affect the quality of life for me and my dearest...

 

back to business

 

yes they have produced a new witness statement.

 

Fas previous post #68 above...

 

first they say scanned agreement then distroyed it.

then they claim it was archived and can not be found

 

now they say it was archived, retreived, copied and the copy sent to me. Then was archived agin, now they can not retreive it from archices as it has been misplaced/lost

 

in a part 18 request i asked for a copy of their procedures at the alleged time of the agreement. they replied that my request was not relevant and has refused to send it. ( what have they got to hide????)

 

i have acknowledged that i was sent a copy of an application form, which was illegible . i wrote to them at the time to advise this.

 

MBNA system notes confirm i wrote to them to say this. Their system notes also show that an operative wrote on the system notes "GOOD COPY APP SENT"

 

I requested as part 18 information regarding this operators training on the consumer credit act in particular section 77/78 so i could asess their credability in being able to make such a judgement. Optima said this is nort relevant and refused.. ( What have they got to hide??)

 

Optima recently requested that i send a copy of this back to them as they would like to see it. LOL LOL LOL LOL . (unfortunately this was in my briefcase which was stolen)

 

They claim that this is proof that an agreement exists.

 

I dont have any issues with how to rebuff this last witness statement and will pick apart piece by piece.

 

However i need advice on one issue.

 

Their recent Pre-trial check list stated that there would not be any witnesses..... yet they have not given notice to adduce hearsay evidence. (they obviously do not want any witnesses)

 

i want their witness Dianne Powell present so i can cross examine .

 

How do i get her there??

 

Please advise

 

Frank

[CoventryCrusader]

thanks for the advice....

 

spoke with the court this morning

 

They have set a date for The Summary Judgement hearing 1 Thursday 16th September 10.00 am for 2 hours

The full hearing is due to take place Friday 17th September 10.00 am for a full day

 

so i have to prepare for the SJ hearing and also the full hearing in case there SJ hearing is not successful.

 

What a silly system we have

 

The thing is nothing new has come to light, They still do not have the original or copy of the agreement. They have no executed agreement . all they have is a reconstituted one and the T&C's are post 2006.

 

The alleged agreement dates from 1997...

 

They are wasting mine and the courts time

[CoventryCrusader]

OMG the penny has dropped

 

I have to go to the SJ hearing on the thursday. I have to lay all my cards on the table to win as i can not afford to loose

 

If Optima win then its game over for me.

 

If Optima loose then we have to go back into court on Friday and do it all over again. But this time they will have had the benefit of seeing my hand and will have time to set their team to work over the remainder of thursday to pick my defence apart.

 

They have obviously took a gamble on applying for the SJ this late to force this situation and it has paid off for them....what a brilliant move on their part.

 

I know they will be reading this and i applaud them for their brilliance. but i would like them to remember that they should never underestimate their apponent.

 

I am very excited by this challenge and am relishing the idea of facing these odds.

 

See you in court

 

Frank

[CoventryCrusader]

once again thanks for your help

 

yes im sure Pf would enjoy a trip to coventry to meet Ms Powell. i would gladly pay his travelling expenses.

 

when this is all over i would like to meet up and buy you a drink, i will then be able to put in some more time with making headway with the investigation by my reporter freind..... cant reveal too much about it .... as you know he has worked under cover and gained employment at a previous company he investigated, which allowd him to do hidden filming too....

 

now would nt that be a good programme to watch.

 

look forward to your pm

[CoventryCrusader]

starting to worry again.... not sure where i stand so was up late last night reading all my notes...head hurts this morning

 

after some help here

 

a lot of threads/ posts suggest that the biggest mistake the CRO's/credit card companies make is on the Default notice. is the best way of formulating my defence now???

 

what should i be looking for on mine that just might be a loop hole?

[blueotter]

Frank,

You've got a good case going here ,i'm really impressed with the work you and others have done.

 

On the subject of default notices i believe its important if you have kept the envelope it arrived in as invariably mbna messed up with the amount of time they granted to correct the default. Think its 14 days but as they send out their letters second class it invariably never gave the debtor time to rectify the default.

Vinnt has looked into this very closely maybe it will be worth post messaging him ? He's very helpful

[CoventryCrusader]

i think i still have the envelope

 

does any one know what the situation is if my Credit profile shows that the defaulted my account befor sending me the default notice...i.e. i could not rectify, even if i paid the required sum as they had already carried out the action of defaulting the account?

 

would appreciate some advice

 

frank

[Old Cogger]

copy MBNA envelope they use UK Mail, that is what you should have.?

[CoventryCrusader]

hi...sent a pm

[CoventryCrusader]

Cant hang around on the site today.

 

meeting my "friend" in Bradford for a chat

 

He wants to do a "piece to camera" outside a certain building in Charles Street ( i hope the scaffolding has been removed since we were last there)

 

will do it around 5 pm as he hopes to "door step" some one

 

will report back later

 

Frank

[CoventryCrusader]

Submitted a witness summons to the court last Friday for ms Powell to spear at the hearing on 17 th sept as I know I am going to defeat optima at the SJ on 16th . . . Lol , mind you I could have delivered it in person as we spent a few days filming in Chester . . . . It's amazing what people will tell you for the price of a coffee

 

Lots of disgruntled employees in Chester

 

My friend has made contact with some one in a certain place in Bradford . Wants to tell her side of things

[Old Cogger]

be interesting to know their comments i.e. the MBNA staff???? care to enlighten us?

Edited September 3, 2010 by Old Cogger

[CoventryCrusader]

They submitted a witness statement with the SJ

 

I have replied with my defence/ witness statement .

 

Barring the unexpected , the next thing will be the SJ hearing and then the day after the full hearing ,

 

Not sure what Richards plans are next , I will take a back seat for a while as I need to concentrate on other things

 

I will pass on your offer

[CoventryCrusader]

Hi to all my fans at OPTIMA

 

by now you will have received a copy of my witness statement and defence to the Summary Judgement request. ... Im sure we both know that it will be going to a full hearing, dont you agree?

 

Also you will probably have heard from Ms Powell (MBNA)as she will have received the Witness Summons to appear at the full hearing..lol

 

It bet she has already asked you to look at ways to enable her to avoid going. She will not want to stand up and answer some very awkward/embarassing questions...under oath...

 

Looking forward to meeting you on the 16th . should be a quick affair , then the real fun can begin on the 17th

 

Bye for now Frank

[CoventryCrusader]

I was going to write a letter to OPTIMA tomorrow to ask them to confirm their "star" witness would be attending the hearing on the 17th.

 

Guess there is no point as they can read my request here.....

 

"Could one of the Guests who appears on here regularly please confirm the above?"

[CoventryCrusader]

The witness summons was checked by a court official on friday 27th Aug.

 

The court forwarded it to Ms Powell at her MBNA address on Tues 31st Aug and wrote to me to confirm it had been sent.

 

Provided the court official did not make any mistakes i cant see how she can avoid appearing...unless she suddenly books a holiday...in which case i would seek an adjournment

 

frank

Edited September 6, 2010 by CoventryCrusader
spelling mistakes

[CoventryCrusader]

The SJ hearing is next thursday. 10.00 am in Coventry

 

would any one like to come along and watch Optima get another going over, just like they did when they went for an SJ in January. That time the optima agent got a telling off from the judge . The hearing was adjourned.

 

when the hearing resumed in April Optima withdrew their application for SJ..... wonder why?

 

This second attempt has no new information/evidence except a note on MBNA system notes to say "copy app good sent" . just like the note i wrote to my self the other day to say "copy app crap received"

 

so if you fancy a trip to Coventry next Thursday 16th you are welcome to turn up

 

ALTERNATIVELY

 

A full hearing is scheduled for the next day Friday 17th. The star witness from MBNA Ms Powell (head of litigation) will be there. Im sure lots of you guys have had witness statements signed by her. (some of them she might have actually read before signing see pompey faith)

 

She will have to answer some very awkward questions .

 

If you can not make the Thursday why not take a long weekend and come along Friday.

 

Frank

[CoventryCrusader]

To WCS1964...... if you are a genuine cagger requiring help and advice please speak up as there are many knowledgable people who will be willing to advise you

 

we are genuine people who will share what we have learned.

 

However, if you are the counsel that Langster thinks you are. Possibly the counsel who will be at my SJ hearing next week then please say so.

 

You have nothing to gleam from my thread, nothing secret or revealing that you dont already know

 

i have provided you with my defence, i have provided you with my disclosure of documents , i have provided you with my witness statement and exhibits.

 

you know that MBNA do not have an agreement, they have admitted this in witness statements and letters.

 

you know that an agreement is required to get the court to enforce it.

 

you know that the witness statements contradict each other

 

you know that the witness from MBNA has been summons to appear and will have to tell the truth under oath.

 

you know that optima have been obstructive and broke many of the CPR's

 

so why not do the decent thing and admitt you can not win

 

why not come and see me before we go into court on thursday and have a chat.

 

im sure we can be gentlemen and sort this out. you can withdraw your application for SJ just as you had to in April...lol

 

you can settle this before we go in. you can withdraw your action and save the embarrassment of loosing

 

Think of all the bad publicity that will happen. Another defeat as in the Thorious case.

 

Think about how much more motivation there will be for other people defending action when they see you can be defeated so easily if only they stand up to you...

 

come on, be a man

 

Frank

Edited September 9, 2010 by CoventryCrusader
spelling