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Restons mbna court action help me also please

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Hi guys,

I am soo confused and panicking. I just feel like all the doors have closed on me

the only thing that keeps me going is my 7 month old starring at me with his puppy eyes.

anyways I have received a court action by Restons on behalf of MBNA.

 

The story in short is I have a cc with £4500 taken out on or around 2004

ive been struggling to make payments they offered me a short settlement for £2k last year but i did have

money. After which I made some payments here and there of around £50-£100.

 

They kept on calling me on my mobile but I just didnt know what to say to them.

I then got a letter from them saying I have limited time for them to help me.

 

Then I get a letter from Restons beginning of August giving me 2 weeks to fill in the income and expenditure form and propose a payment plan in which i stated £50

I was abit late in sending them the forms and they got it on the 18 august.

I then get another letter saying £50 in not enough and that they will be processding with legal action.

 

I started to panic and rang them and begged him not to take it to court and that I can borrow £100 and pay that a month, he was absolutely arrogant and refused saying we will take it to court.

 

Now yesterday I received a court action and just dont know what to do.

I know this thread is in the same subject but there are so many posts that I just dont know where to start.

 

Can someone please help me as I am really confused.

 

thanks

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Ok number one, you are in exactly the right place for help. Things to remember are that the days of the debtors prison are long gone and that there are much more important things in life. I am sure that there there are people here who will help you. I have flagged this thread to admin so that they can move it to the appropriate section

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Hi I'm Dizzie, welcome to the forum. I am new to this but will be appearing in court in a weeks time. I too have a credit card with MBNA where Reston solicitors are dealing with it, take a look at my thread & have a read. There will be plenty of members on here to guide you in the right directons. Chin up.


:dizzy: "Dizzie Diva" ;)

 

<<<<<<<<<<please tip my star if my support or advise was useful?

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Hi guys,

I am soo confused and panicking. I just feel like all the doors have closed on me

the only thing that keeps me going is my 7 month old starring at me with his puppy eyes.

anyways I have received a court action by Restons on behalf of MBNA.

 

The story in short is I have a cc with £4500 taken out on or around 2004

ive been struggling to make payments they offered me a short settlement for £2k last year but i did have

money. After which I made some payments here and there of around £50-£100.

 

They kept on calling me on my mobile but I just didnt know what to say to them.

I then got a letter from them saying I have limited time for them to help me.

 

Then I get a letter from Restons beginning of August giving me 2 weeks to fill in the income and expenditure form and propose a payment plan in which i stated £50

I was abit late in sending them the forms and they got it on the 18 august.

I then get another letter saying £50 in not enough and that they will be processding with legal action.

 

I started to panic and rang them and begged him not to take it to court and that I can borrow £100 and pay that a month, he was absolutely arrogant and refused saying we will take it to court.

 

Now yesterday I received a court action and just dont know what to do.

I know this thread is in the same subject but there are so many posts that I just dont know where to start.

 

Can someone please help me as I am really confused.

 

thanks

 

Hi ASR, can you post up the POC using a free photoimaging site such as photobucket, remove all identifying details first. Secondly I show below a link which should help, don't worry you will get lots of help on here as Dizzie says:-

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?241827-Legal-Action-how-to-start-off-IMPORTANT-IF-YOURE-BEING-SUED

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Hi ASR dont let them grind you down, you've come to the right place & I'm sure we can all offer you our help & advice as I also had this duo take me to court last year. We hope to see your POC soon, also did you get served any default notices, please post up using photobucket as miss muppet has mentioned minus your personal details. Also have you applied to MBNA yet to see if they have a copy of your credit card agreement?


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Hi ASR dont let them grind you down, you've come to the right place & I'm sure we can all offer you our help & advice as I also had this duo take me to court last year. We hope to see your POC soon, also did you get served any default notices, please post up using photobucket as miss muppet has mentioned minus your personal details. Also have you applied to MBNA yet to see if they have a copy of your credit card agreement?

 

Thanks alot guys for your help

will post docs asap

not applied to mbna for the agreement

should I do that now? and what letter template shall I use?

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Your Name

 

Your Address

 

 

 

Date

 

 

 

MBNA Europe Bank Limited, Registered Office, Chester, Chester Business Park, Chester, CH4 9QQ (write address you are sending letter to)

 

Dear Sir/Madam

 

Re: Account/Reference Number xxxx xxxx xxxx xxxx

 

This letter is a formal request pursuant to s.77/79 of the Consumer Credit Act 1974. I require you to provide me with a true copy of the credit agreement relating to the above account, together with any other documentation the Act requires you to provide.

 

I expect you to comply fully and properly with this request, within the statutory time limit. You are reminded that should you fail to comply with my request, the provisions of s.77/79 will apply.

 

Your attention is drawn to ss.5 (2), 3(b), 6 and 7 of the Consumer Protection from Unfair Trading Regulations 2008 (CPUTR).

 

I enclose a postal order in the sum of £1.00, which is the statutory fee. Note that these funds are not to be used for any other purpose.

 

If you are unable to comply fully and properly with this request, you should confirm this in writing at the earliest opportunity, and certainly within the statutory time limit for compliance, and return the fee.

 

We look forward to hearing from you.

 

Yours faithfully

 

 

Print your name here, do not sign.

Edited by DizzieDiva2010

:dizzy: "Dizzie Diva" ;)

 

<<<<<<<<<<please tip my star if my support or advise was useful?

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Name

Address

Date:

 

 

 

Ref: XXXX XXXX XXXX XXXX

 

 

 

Subject Access Request

 

 

 

Data Protection Act 1988

 

 

MBNA Europe Bank Limited, Customer Assistance, PO BOX 30, Chester, CH4 9WW (Write the address you are sending this to)

 

Dear Sir

 

Please supply me with all data that you hold on me. This includes in particular, but is not limited to, the following;

 

1. The original signed, executed credit agreement and any terms and conditions that applied to the account at the time of default and at the time the account was opened.

2. Where there has been any event in my account history over this period which has required manual intervention by any person, I require disclosure of any indications or notes which have either caused or resulted in that manual intervention, or other evidence of that manual intervention, in relation to my account held with MBNA Europe Bank Limited.

3. True copies of any notice of assignment and default notices or enforcement notice that you the original creditor sent me, with a copy of any proof of postage that you hold.

4. Documents relating to any insurance added to the account, including the insurance contract and terms and conditions, date they were added and deleted.

5. Details of any collection charges added to the account, specifically, the date they were levied, the amount of the charge, a detailed financial breakdown of how the charge’s were calculated, and what the charges cover.

6. Specific details of the fee’s/charges levied by any other agency in respect of this account and a detailed breakdown of said fees/charges and what each charge relates to and on what date said fees/charges were levied.

7. A genuine copy of any notice of fair use of my data as required by the Data Protection Act 1998.

8. A list of all third party agencies to whom you have disclosed my personal data and a summary of the nature of the information you have disclosed.

9. Copies of statements for the entire duration of the credit agreement.

10. Termination notices.

 

PLEASE NOTE that unless otherwise stated by yourselves and if the above documents are not provided, it will be CONFIRMED that you are unable to reproduce/provide in any way shape or form any copies of the above requested documents. You are reminded that you have a duty to inform me if you do not have the above documents. This is confirmed in High Court Law – Ezsias v Welsh Ministers – [2007] All ER (D) 65 (Dec)

 

You are reminded that you are obliged to supply all the above documents in line with the Information Commissioners Technical Guidance Update (Dated August 2007)

 

I enclose the statutory maximum fee of £10. You have 40 days in which to comply. If there is specific information which you require in order to satisfy yourself as to my identity, please let me know by return. However, please note that the above address is the one you normally use to communicate my private business to me and which you have hitherto found to be acceptable.

 

Yours faithfully

Print your name, do not sign ( or not with your usual signature)


:dizzy: "Dizzie Diva" ;)

 

<<<<<<<<<<please tip my star if my support or advise was useful?

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Hi ASR, copy and paste the above template letters in word and change the details to your own accordingly.

 

The Subject Accese Request requires a fee £10 postal order to be sent with it, and the Consumer Credit Act 1974 requires a fee £1.00 postal order to be sent with it.

 

They are required to comply within 40 days for your Subject Access Request and 12 working days for the CCA 1974.

 

Get these letters done over the weekend and post them off.

 

Regards

 

:) Dizzie Diva ;)


:dizzy: "Dizzie Diva" ;)

 

<<<<<<<<<<please tip my star if my support or advise was useful?

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Shall I send these request letters to MBNA or Restons?

I think Restons are dealing on behalf o MBNA

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Im trying to load the scanned documents in photobucket but its not letting me.

I have copied the scanned docs in a word doc and or Adobe can anyone advise how i can upload?

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Send them to MBNA not Restons

 

Right guys,

 

I have uploaded the file with all the correspondance and letters in order of when i received them.

I have also sent the 2 letters to MBNA recorded delivery with £11 postal order

 

Now I have a few questions:

1) when do I acknowledge the court letters? I know I have 14 days and it may give me a further 14 days to file my defence? does that mean if I do it on the 14th day it will give me more time instead of doing it today?

 

2) I see they have included a income and expense form, if going forward I wish to withdraw going to court can I still offer them a payment proposal or will it be too late then?

 

Any help will be much appreciated

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hi guys has anyone managed to look at the paperwork i have uploaded?

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Hi ASR I see you have sent correspondence in a form of a questionaire to them offering £50 payments not adequate to them in there letter back to you on 18th Aug, I am wondering if this may be seen as admitting the debt with them :|

 

The previous letter by them demanding immediate payment of the full amount seems to be a way of them having terminated the account. Termination can either be via a letter to say the Agreement or Account has been Terminated or Cancelled or, Termination will be when they do something that is not in keeping with the Agreement still being live; for example, by asking you to repay the whole balance, when before that you only owed Arrears which means they asked you for both the Arrears and the sums that were otherwise not yet due.

 

Have you never had a default notice from MBNA stating any arrears with dates to remedy the balance by? We could do with knowing this to see if the default notice gave you the 14 statutory days required, it will also be useful to know ready for your court response.

 

The actual time allowed is 28 (+3?) days from the date of service on the court docs as long as you have acknowledged the service within 14 days initially which you can do online. The POC form I see states S69 interest too, It is my understanding that this interest cant be claimed for on an agreement regulated under the Consumer Credit Act :-)

 

Perhaps you could let us know if there was any DN first giving us dates or post it up preferably.


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From what I can remember I have never had a DN from them.

If I acknowledge the court action within 14 days will I still be able back out and offer them a proposal by filling out a financial summary form?

Im just thinking if they denied a £50 proposal there is nothing i can do to increase that it will either be that or even less.

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From what I can remember I have never had a DN from them.

If I acknowledge the court action within 14 days will I still be able back out and offer them a proposal by filling out a financial summary form?

Im just thinking if they denied a £50 proposal there is nothing i can do to increase that it will either be that or even less.

 

Only you can make this decision ASR whether to defend or not. If you are asking for the CCA because you dispute, OR are unsure of the original "debt" amount yes, you are putting the "debt" into dispute. Getting the paperwork (should your requests for it not be bounced back for signatory or stalling reasons) will be your first hurdle.

In any case, the court can only set payments at what you can afford anyway & if you do go to court at least it shows you had showed a willing to negotiate payments that you can afford but was only disputing the POC to ascertain the amounts owed, I'm just concerned that unless you headed the correspondence back to them offering those £50 payments in a letter WITHOUT PREJUDICE then you may need to allow for the fact they may try to use your offer against you. (Perhaps others can comment on this for you :?::?:)

 

Do understand too by disputing the debt be prepared to do your research, understand your defence you put in (all be it extracted and helped with by any of the Caggers on here) and read lots in the forums from others also in the same situation as yourself.

 

You might like to take a look at this link to prepare you of what can be ahead, I hope it proves useful reading....

http://www.consumeractiongroup.co.uk/forum/showthread.php?241827-Legal-Action-how-to-start-off.-IMPORTANT-IF-YOURE-BEING-SUED&p=2695725&viewfull=1#post2695725


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http://www.consumeractiongroup.co.uk/paypal.php?go=donate

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here goes

 

If you take a look at my thread for example i part defended because i disagreed with the balance due to excessive charges, i also reported MBNA to the financial ombusdman because of this and because i sent them a SAR and they did not send me everything they held on me from the time of the accounts inception. This put the account in dispute. Decide what grounds you are going to defend on if you are going to defend in full or part defend. You can put in an embarrassed defence if you do not have all the documents mentioned in the POC. The POC is short therefore a short defence would be advisable.

The POC mentions a contract therefore when you recieve your reply from the Subject Access Request you want to check your agreement and see if it is enforceable. If the credit agreement is unenforceable , if it is flawed, the law says it is not properly executed and therefore cannot be enforced.

 

You mention that you did not recieve a default notice a creditor must send a DN with 14 clear days allowing for service (2 days for first & 4 for sencond class, therefore put MBNA to strict proof that they sent you this.

 

(take a look at my thread) *WON* case this week.

Edited by DizzieDiva2010

:dizzy: "Dizzie Diva" ;)

 

<<<<<<<<<<please tip my star if my support or advise was useful?

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Hi DD,

thanks alot for your input. I acknowledged the court action on 5th September.

So I have a few questions:

1) Do I get 14 days from that date to file a defence?

Also I will be filling a short defence on the basis of not receiving a DN and not receiving all the information/docs that i have requested and neither have they wrote to me YET acknowledging my request.

 

Any thoughts how i should word my defence? and also does anyone have good solicitor in mind that I can use for this case?

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Hi guys any input on the above? I filed my acknowledgement on the 5th sept when do I have till to file my defence

I posted my SAR request to MBNA on the 26th August but to date no reply whatsoever

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Hi guys any input on the above? I filed my acknowledgement on the 5th sept when do I have till to file my defence

I posted my SAR request to MBNA on the 26th August but to date no reply whatsoever

 

You must respond to the claim form within 14 days of the day of service, the day of service is taken as 5 days after the issue date shown on your claim form.

 

As you have acknowledged you must send a defence to the court to arrive no later than 28 days from the date of service.

 

Your claim form is dated 23 August 2010, 5 days after the issue date is 28 August, you acknowledged on the 5 September, 28 days after the day of service i make it the 25 September you have to submit your defence by.

Can anybody clarify this please?

Edited by DizzieDiva2010

:dizzy: "Dizzie Diva" ;)

 

<<<<<<<<<<please tip my star if my support or advise was useful?

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A defence should be deal with the claimants pleading and not be complicated and long in these matters. It should not contain references to cases etc. Do not forget you may have to argue that which is contained in your defence and so you need to understand that to which you are endorsing a statement of truth. Until the claimant pleads in an appropriate manner, you should not reveal all your 'cards'. As follows is a defence that was advised to me;

 

1. The particulars of claim discloses no cause of action and are self evidently an abuse of process, in that they fail to deal with the basic rules of pleadindg in accordance with the CPR (even allowing for the constraints of the bulk issue system).

 

2. Further to that above the defendant is unable to plead effectivley or at all. The defendant is embarassed.

 

The above is all you need to place in the defence.

 

You should write to the claimants solicitors as follows:-

 

Futher to your letter dated re CPR request

 

Please serve amended particulars of claim and plead yor clients case in an appropriate manner within 7 days, so that I am aware of the case I will have to meet at trial. I request that you attach to the particulars a copy of the agreement upon which the claimant relies. The matter will be transferred to my home court and the claimant will have to produce the document, in any event. In those circumstances you should plead in accordance with the CPR rather than the Northampton county courtlink3.giflink3.gif regime.

 

Failure to provide that requested in the time period provided for will result in application to the court. I confirm a copy of this letter will be produced to the court when the question of costs falls to be decided'.


:dizzy: "Dizzie Diva" ;)

 

<<<<<<<<<<please tip my star if my support or advise was useful?

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Hi guys,

I received my SAR request from MBNA today

a copy of my agreement that I had signed in 2004 and also terms and conditions.

I just dont know which route to take now.

Im just wondering whether I have a leg to stand on?

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