CCJ Received - MBNA/Restons - CCA requested - what more can I do?

[Deep-In-The-Do-Do]

Hi Guys,

 

Thank goodness for places like this who can help us all out!

 

My fairly short story so far is as follows:

 

Made redundant - asked for reduced payments to MBNA - they never replied - carried on paying my reduced payment - then in July they issued a default notice - asked for more time - next thing I know a letter arrives from Reston Solicitors - demanding payment - advised that I have been paying reduced amount due to redundancy - new job due to start September - could they give me 3 months to get sorted and I will issue them an up-to-date SOA and review payment offer - basically said not good enough - sent another letter basically the same as the first and i replied as previous - they replied again not good enough court proceedings will be sought. I sent my CCA on the 24th by recorded delivery (Post Office Tracking still doesn't say that it has been delivered) Reston Court Papers issued via Northampton on the 25th - these will obviously cross in the post - can anyone advise what I need to do next? I always intended to pay my debt but the attitude of these people has made me realise they don't give a damn and if nothing else this will slow things down abit - the more I think about it the more angry I become.

 

Sorry if I have waffled abit, but I am well out of my depth and need some expert guidance

[Deep-In-The-Do-Do]

Hi to you all,

 

I will get straight to the point, hopefully this won't bore you too much :-)Basically Reston's have instigated court proceedings on an overdue account, short story as follows:

 

• Default Notice notice is dated the 6th July, they request payment of the arrears by the 27th July. So this looks ok, and can't be used in my defence.
  
• On the POC they say "Interest pursuant to s69 County Courts Act 19 at the rate of ***.** pence per day to the date of judgement or sooner payment." - can they do this?
  
• They have not responded to my CCA request
  
• CPR Letter has not been responded to either
  
• SAR request direct to the original lender sent today 20th Sept
  
• They have failed to comply with DPA1998 by sending sensitive data when they were not sure it was me (they sent a letter last week requesting my signature in response to my CCA request) plus they issued proceedings against me without knowing it was me.
  

I have done my acknowledgement of service on-line to defend all, until I get some of the details back from the CPR & SAR requests.

 

Basically, if I used this information in my defence would I need to add anything else, I understand I should also put it as an "embarressed defence".

 

This is all unknown territory for me, so any advice would be welcome. I have to have my defence in by Friday 24th Sept.

 

Thanks in advance of your words of wisdom

[AndyOrch]

Hi and welcome to CAG.

 

The defence you are proposing will suffice in an attempt to halt judgment by default.But is that is all you intend to rely upon the above reasons to defend or is there more to this dispute?

 

Regards

 

Andy

[payingonlyencouragesthem]

Roughly how long ago did you apply for this account? If it's an old MBNA account they won't have an agreement so this would make it short and sweet....

[Deep-In-The-Do-Do]

Hiya,

 

The account dates back to Jan '02 - basically due to redundancy I haven't been able to make the full payments since Nov 09, I have paid a regular amount every month but MBNA never replied to my payment proposal letters either way. They defaulted me in July and Reston's got involved refusing my payment offer, 3 letters later and the CCJ papers land on my doorstep. I asked what they considered to be a reasonable payment but they never replied. I wasn't sure what to do at the start but working things out the debt is now mainly just interest and charges, the original capital would have been paid off.

 

I would have been happy to repay the debt had they been decent about things but now feel I have no choice but to make things difficult. As you can probably gather I am out of my depth with all this but feel I have nothing to lose. I told them I would be starting a new job this month and would they give me a few months grace to get back on my feet and then re-look at things but no, they didn't want to entertain that!

 

I am rambling now, sorry

 

I don't know what the process will be after I file my initial defence, how long it will drag on for, are they likely to drop all this if they can't produce my original signed document etc.

 

Hope I haven't put you off, I can do with all the support you can throw my way

[payingonlyencouragesthem]

You should still make quite sure they have at least a piece of paper with your signature on it that passes for an agreement. Without this they are sunk. We would need to see what, if anything, they are proffering as an agreement in order to best advise. You need to tweak (and submit ASAP) your interim defence to show you are disputing and put it in as an embarrassed defence if they have not produced any docs. Also is this debt over £5k? I'm slightly concerned that their lack of cooperation means that they are going for the Fast Track which means they can slap a load of costs on and make defending far more risky.

[AndyOrch]

Ok sounds like he usual cooperative sympathetic response.Retain all you paper trail of requests of payment plan proposals.Having sent sent a CPR/SAR request, subject to amount and track as Paying advises above,lets see the response.Have you requested a separate CCA request they may not comply in time or at all knowing that crew but they wont ignore a CCA request.

 

Regards

 

Andy

[Deep-In-The-Do-Do]

Hiya,

 

I will drop down the events as they have happened, hopefully making it easier to read and to stop me waffling

 

• Sent letter to Restons offering payment proposal
  
• Another letter sent in line with one dated 12/8/10 to Restons re. payment proposal
  
• CCA Request sent to Restons (24/8/10)
  
• Court Papers received 28/8/10 (dated 25/8/10)
  
• These two letters have crossed in the post
  
• Wrote asking for a F&F settlement figure
  
• Chased for a F & F figure
  
• Sent CPR letter
  
• Restons sent letter offering a 15% discount in response to my F&F request
  
• Letter received requiring my signed authorisation re. my CCA request.
  
• Letter sent in reply telling them signature not required - std. template from Internet.
  
• SAR sent today to MBNA
  

To date, no response to CCA or CPR - need to chase CPR with a letter tomorrow.

Balance is over £5k - what does Fast Track Mean - those comments worry me!!

Once I receive any paperwork I will upload them for you to see, as it stands I do not have anything!!

How should I be wording my defence at the moment, do I need to use all the technical legal jargon or plain simple english (which would suit me down to the ground!)

Hope the above makes sense, and thanks for your help.

[payingonlyencouragesthem]

Just submit your embarrassed defence in plain simple English - now. Don't worry about the Fast Track aspect for the time being - we'll go one step at a time.

[Deep-In-The-Do-Do]

Thanks for coming back so quickly - just a quick question my CPR request has not been responded to, is there a standard letter I need to send to follow this up with?

[cab1ne]

Thanks for coming back so quickly - just a quick question my CPR request has not been responded to, is there a standard letter I need to send to follow this up with?

 

i think you can ask specific questions using CPR 18

 

cab

[cab1ne]

quick`sample

 

IN THE

xxxxxxxxxxxxxxxxxx (County Court)

Claim No: xxxxxxxxxxxxxx

 

 

BETWEEN:

MBNA

Claimant

and

 

DEEP IN THE DOO DOO

Defendant

 

 

Part 18 REQUEST FOR FURTHER INFORMATION

 

 

To: XXXXXXXXXXXXXXXXX(claimant)

 

Please answer the following questions:

 

1. Why have you stated in your letter Dated 14th June 2010 that my request for the documents I have asked for are subject to a £1.00 Fee.

 

2. Why have you stated in your letter Dated 14th June 2010 that you are not bound by the Consumer Credit Act, to provide the Documents within 7 days. When my request for documents are made pursuant to Civil Procedure Rules (CPR) 31.14

 

 

 

TAKE NOTICE THAT YOU ARE REQUIRED TO ANSWER THE ABOVE REQUEST WITHIN 14 DAYS OF SERVICE OF THE SAME UPON YOU

 

Statement of Truth

 

I believe the facts stated herein are true

 

 

Signed................... ......................... ............ Defendant

 

 

Date.

[Old Cogger]

Have you PPI on this one?

[Deep-In-The-Do-Do]

To be honest I can't remember, but any PPI that I had on my cards was cancelled about 2 years ago when I realised it wasn't worth paying for.

[Deep-In-The-Do-Do]

Hi All,

 

I submitted my initial "embarressed" defence just over a week ago now. I also sent a chase up letter to my CPR 31.14 request. I have now received a letter stating :

 

"Notwithstanding earlier correspondence to you, we now enclose a copy of the above Credit Agreement together with a reconstituted copy of the full original terms and conditions.

 

Provision of these documents is with due regard to the "spirit of the Cilvil Procedure Rules" and is by way of attempt to try and settle this matter amicably before we are instructed to apply for Summary Judgement.

 

Accordingly we invite you to contact this office within 7 days to discuss repayment of your account."

 

The copy of the Credit Agreement is a copy of the application form, with some T & C's on the same page plus the "reconstituted T & C's" - 6 pages in total.

 

I listed numerous separate points on my defence including the fact that they have twice broken the data protection act - should they have addressed all the points I made?

 

I am also waiting for my SAR request to MBNA to be returned, this could be a few weeks away yet under the 40 day requirement.

 

I would appreciate any advice on the next phase of my battle

[The Mould]

Hello Deep in the do do

 

Application Form you say! Can you please scan it in and post it up.

 

Do not contact the Solicitors to discuss a Settlement.

 

As far as Summary Judgment is concerened (if that is their response to your embarrassed defence) I will help you draft your opposition to the SJ.

 

Where is the actual executed credit agreement?

 

Kind Regards

 

The Mould

[The Mould]

You will probably receive directions from the Court regarding the next stage of proceedings.

 

If the claimant does make an application (N244) seeking Summary Judgment, then let us know right away.

 

Kind Regards

 

The Mould

[Deep-In-The-Do-Do]

Hiya,

 

Sorry to take so long, it's been a mad day with training:roll:

 

I have tried to add the link but haven't got enough posts yet - I need 20 and I only have 7 - gonna be a long night:wink:

[Deep-In-The-Do-Do]

Hello Deep in the do do

 

Application Form you say! Can you please scan it in and post it up.

 

Do not contact the Solicitors to discuss a Settlement.

 

As far as Summary Judgment is concerened (if that is their response to your embarrassed defence) I will help you draft your opposition to the SJ.

 

Where is the actual executed credit agreement?

 

Kind Regards

 

The Mould

 

Hiya,

 

Just PM'd you with the details - will try and get my post count up for future ones

 

Thanks

[The Mould]

Hello Deep in it

 

We all are, so don't worry about it.

 

Yes, thanks for that, it is not very clear Deep, can you post a bit more on your thread/story to get that count up and then post that application form and all the other pages sent purporting to be the T & C's.

 

Kind Regards

 

The Mould

[The Mould]

OK Deep

 

What about your ED, can you post that up, a couple of para's at a time, that will get your post count up.

 

Or just tell a couple of jokes.

 

Kind Regards

 

The Mould

[Deep-In-The-Do-Do]

Yes, I can ............

[Deep-In-The-Do-Do]

Quick version of the history of this account is detailed above ..........

[Deep-In-The-Do-Do]

Quick version of the history of this account is detailed above ..........

 

Make That Post 7 on Page 1

[Deep-In-The-Do-Do]

Recent correspondence from them was to tell me they had sent a letter from myself to an unrelated 3rd party, this was put down to "Human Error". I would like to know if this could be used in my defence with regards the Data Protection Act.

 

They also sent a letter demanding my signature in respect of my CCA request, I replied with a standard template letter stating that I do not have to provide this - could this be counted as 2 breaches of the Data Protection Act seeing as they have written to me, sent me statements and other correspondence, e-mailed me and issued the CCJ without ever asking for my signature before?