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

[Deep-In-The-Do-Do]

The letter I detailed in Post 14 came on the 7 day deadline of my CPR 31.14 chase-up letter

[Deep-In-The-Do-Do]

My defence was submitted just over a week ago, should they be sending me a letter addressing all the points I made in my initial "embarrassed" defence? The courts letter stated that they should contact me within 28 days so another 3 weeks to go.

 

The letter detailed in Post 14 did not mention my defence at all, so I am "assuming" this was only in reply to mt CPR 31.14 letter.

[Deep-In-The-Do-Do]

My SAR request £10 cheque has been cashed today (not mine but my partners) - hopefully full of interesting facts:lol:

[Deep-In-The-Do-Do]

I'm sure the interest they have been charging far outweighs any money that they are claimimg.

[Deep-In-The-Do-Do]

I noticed on the Application Form that I had ticked the PPI box, should the worst happen what are my chances of reclaiming seeing as I ticked the box. Not going down this route yet for obvious reasons, but it's getting my post count up

[Deep-In-The-Do-Do]

Now that they have sent me the Application Form with my signature on, what happens next, I understand that you can't really fight your corner and get them to drop proceedings on this alone. Before they issued the CCJ proceedings I tried to negotiate a repayment plan and maintained my payments but they refused my offers point blank. Despite asking for a figure from them they never offered one - I know you said in Post 15 not to contact the Solicitors to discuss a Settlement, I feel like telling them I have made my offer and then asking what they want from me - but I won't - but if all this fails will I be stung with a big costs bill?

[Deep-In-The-Do-Do]

:lol: Yay!! Post 20 :lol:

[Deep-In-The-Do-Do]

Here we go, hopefully they work ....... me being a novice at this

 

http://i1091.photobucket.com/albums/i389/deep_in_the_do_do/Restons_MBNA0002_Mod.jpg

http://i1091.photobucket.com/albums/i389/deep_in_the_do_do/Restons_MBNA0003.jpg

http://i1091.photobucket.com/albums/i389/deep_in_the_do_do/Restons_MBNA0004.jpg

http://i1091.photobucket.com/albums/i389/deep_in_the_do_do/Restons_MBNA0005.jpg

http://i1091.photobucket.com/albums/i389/deep_in_the_do_do/Restons_MBNA0006.jpg

 

This is what has been sent in response to my CCA request and my CPR 31.14 request - what are the implications with regards enforcing the CCJ with this?

[Deep-In-The-Do-Do]

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

 

Just read all my posts - hope I haven't scared you off

 

Look forward to hearing from you.

[Guest]

hi deep

 

the application form you posted up seems illegible. is the copy they sent you legible? the application form must also contain all of the prescribed terms. if there are any prescribed terms on a 2nd page then there must be a clear link to those.

 

imo:-)

[The Mould]

OK Deep

 

No, not scared off, not yet anyway. (ho ho)

 

Well, it is an application form, very difficult to read through.

 

So what happened then, are you saying that the creditor would not accept payments? What reason(s) did he give?

 

Yes, communicate those facts to the Solicitors and see what their response is.

 

So did you offer the claimant (creditor) a Full and Final?

 

Kind Regards

 

The Mould

[The Mould]

By the way Deep

 

I am going off-line in about 20 mins, midnight approaches and I need to howl.

 

Kind Regards

 

The Mould

[The Mould]

The tick in the PPI box looks like the 'NO' box Deep.

 

Did you say that there was PPI on the account?

 

Great job on the post count by the way.

 

Kind Regards

 

The Mould

[The Mould]

There was a case in Court last year RE: ilegible agreement, this was a credit agreement, however, it could not be determined what the terms & conditions were or if they formed the one document, the creditor did not show for the hearing (claim was for around £6,000.00), debtor requested that the Court declare the agreement unenforceable, the Judge agreed.

 

Not widely reported, that case, I wonder why?

 

Kind Regards

 

The Mould

[The Mould]

Be back on the morrow Deep.

 

Kind Regards

 

The Mould

 

PS. I know, that is under 20mins, but I need a cup of tea and smoke before howling

[Deep-In-The-Do-Do]

Hiya, Sorry I need to be in bed by midnight or I turn into a Pumpkin

 

The form is quite hard to read but if you blow it up 1000000% you can just about make it out.

 

They offered what was roughly a 15% discount on the value as a F&F - I replied saying I could not afford that much but my parents have offered to loan me a figure closer to 50%, they rejected this.

 

Sorry misread the PPI - I just saw a tick - It got my post count up though

 

I will be back later tonight - another training day

[Deep-In-The-Do-Do]

Hi All,

 

Today I received paperwork in response to my SAR request, nothing more than a few screen dumps and a copy of my application form, very basic stuff.

 

I also received a letter from the court asking me to complete an Allocation Questionaire? should I be filing another, more comprehensive defence?

 

I have had 1 letter from the DCA/solicitor asking my for a payment proposal since I filed my defence which was dated the 1st October, I replied in length with all their errors etc - to date they have ignored 3 requests for a reply - what else can I do?

 

I would appreciate your help on what to do next

[The Mould]

Good morning Deeply Do Do

 

So you filed an embarrassed defence and now you have received an AQ (Allocation Questionaire). You will need the Court's permission to file and serve an amended defence (fully particularized).

 

I am very busy at present, but I shall endeavour to assist you.

 

You need to fill in the AQ.

 

Can you please remind me of what has taken place so far, i.e. Did the claimant comply with your CPR request for disclosure? You say you are going to defend this action, what are you defending with?

 

I might not be able to return to your thread over this weekend, but I will try to, there are many, many extremely helpful and knowledgeable members here on CAG and hopefully one or more of them will come to your aid, in the meantime, have a look around this forum for examples of how to fill in the AQ.

 

Also, try to send one or more of the experienced members a pm and ask them if they would kindly take a look at your thread/case to see if they can help you.

 

As I say deeply do, I will try very hard to come back to you tonight or Sunday night, sorry I cannot assist you at the moment.

 

Hopefully catch you up here sometime in the next 30 to 40 hours.

 

Kind Regards

 

The Mould

[Deep-In-The-Do-Do]

Hi Mould, Thanks for replying.

 

I submitted my defence at the end of September, received a letter a few days later to which I replied straight away to MBNA's solicitors - I have chased them for a reply 3 times and they haven't said a word, basically they asked for a settlement / payment proposal, I stuck to my guns and offered what I originally offered. I also went into great details as to how they have ignored my CPR requests, only sent an application form in respect of my CCA request (already posted this see # 32). They also disclosed personal correspondence to an unreleated 3rd party, they have not said why they rejected my proposal only to say it wasn't enough and still haven't told me how much they are seeking - how can I work with people like this? If they continue with the CCJ proceedings then I will be reporting them to the OFT etc.

 

I was not aware that I had a time limit to re-submit my defence - surely someone should say something, if I had known I would have submitted another embarressed one - will this be harmful to my case?

 

Do they need to complete the AQ as well, should I be contacting them again to negotiate or should they be contacting me, I have tried several times now and they don't seem interested in replying. I really would prefer to settle this without attending court - it all seems so unnecessary - I never tried to get out of paying my debt, I just needed time to make reduced payments. Mr SAR came back and it shows that they sought details of my mortgage/house value back in June - this was prior to the default notice being issued, premeditated I'd say! MBNA also failed to respond to my letters (big mistake as I never sent them recorded delivery, but I did make 2 requests online through "my account" and they never responded to these either - these show on my SAR paperwork, so hopefully will stand me in good stead.

 

Is there some kind of protocol a bank should be following to help people when they ask for it? I am sure if there is they have broken every rule in the book.

 

I am off again, rambling, but it feels good to get it all off my chest.....

 

Looking forward to hearing from you

[The Mould]

Hello Deeply do do

 

Yes, both parties to the action fill AQ's.

 

What is the date on your AQ?

 

You cannot re-submit your initial defence, in your holding defence (your ED) did you request that the Court grant you permission to file an amended fully particularized defence?

 

OK, how much is this claim for?

Can you post up your embarrassed defence, that way we can see if you have grounds to defend this action, it might be the case that you are able to resist the entire claim, or it might be a case where you are able to defend some but not all of the claim, so please post up what you are defending (or intending to defend with).

 

You say that there was PPI on this loan and that it was cancelled about 2 yrs ago, if you took the loan out in 2002, that means you have paid the PPI for 6yrs, you may be entitled to a defence set-off against this claim, if you are, then that will reduce your liability (if the claimant can prove that you were under a duty to pay).

 

Deeply, you will have 14 days from date of service of the AQ to file it to the Court!

 

Come back then please and post up those details.

 

Kind Regards

 

The Mould

[Deep-In-The-Do-Do]

Hi The Mould, thanks for replying

 

What is the date on your AQ - It has to be returned by the 20th November

 

You cannot re-submit your initial defence, in your holding defence (your ED) did you request that the Court grant you permission to file an amended fully particularized defence? Yes, I did ask

 

Defence as follows:

 

The claimants particulars of claim are vague and fail to disclose any cause of action ......

 

Failure to comply with my s.78 (CCA1974) request - Since reveived a copy of my application form

 

Failure to comply with DPA1998 by sending sensitive data when they were not sure it was me including issuing court proceedings (letter received requiring signature before they will action my s.78 request)

 

Failure to comply with DPA1998 by sending personal correspondence to an unrelated 3rd party – classed as “Human Error”

 

Failure to comply with my CPR 31.14 request - Still unacknowleged

 

SAR - S.7 Data Protection Act 1998 sent to MBNA - now recieved with nothing more that my application form and pages of calls etc.

 

CPR 31.15 sent to Reston’s following up my CPR 31.14 request - Still unacknowleged

 

Amount is incorrect as I have maintained my payment proposal.

 

I have made payment proposals in line with what I believe I can afford at this moment in time, these have been declined although they have been happy to keep my payments to date. I also asked for a review once our finances improved before they began court proceedings, again they hastily refused and issued the paperwork.

 

I asked for a monthly figure that Reston's would be prepared to accept, Reston’s never replied to this.

 

After my initial defence was submitted I received a letter again asking for a payment proposal, I sent a long letter detailing all the points above and after 3 chase ups and over a month later they again have failed to reply to me.

 

I sent 3 letters to MBNA and 2 e-mails via my account on the internet (these 2 show on the SAR paperwork), these again have not been replied to.

 

I have been reading the lending code and No. 182 states "The subscriber should also only initiate court action to pursue the debt as a last resort and when it is appropriate and fair to do so." - this has soooooo not been followed!

 

I think I misread the applcation form, it has been ticked in the "No" box - so no good

 

Value when I first asked for help was approx £15k ... now with all the interest and charges they want £18k

 

I think that's it for now

 

Thanks for your time and help, I look forward to hearing from you.

 

Deep-In-The-Do-Do

[The Mould]

Hello Deeply do do

 

OK, so you have until 20 November to file your AQ, that allows a bit of time to investigate the matter.

 

Is this claim for just one Credit Card Account/Agreement?

 

Can you please let us know if there was PPI added to the loan/agreement, I know you ticked the 'NO' box on the app form, but you have stated that there was PPI on this loan which was cancelled about 2 yrs ago, please double check this.

 

The Default Notice (DN), you say the DN is dated 6 July 2010 (a Tuesday), the remedy date is 27 July 2010 (also a Tuesday).

 

DN if sent by way of 2nd class postage = Date of Service (4 days from 6 July) is Monday 12 July 2010, 14 clear days after said date of service = 30 July 2010 is the remedy date (if claimant cannot substantiate class of postage) -

 

28 July 2010 is remedy date for breach relied upon if claimant can prove DN was sent 1st class. (still short on Statutory time scale)

 

On the DN side of defence, I contend that the definition of 'clear day' has precisely the same meaning as the definition of a 'business day' - business days are Mon to Fri.

 

Is the figure stated on the DN correct?

 

What was your normal monthly payments to this account before you fell into dificulties with your finances?

 

How much were you offering to pay into this account as a lesser amount and for what period of time were you proposing to pay this lesser amount before resuming with your normal monthly payments?

 

Did the creditor ever send a rejection to your revised (temporary) payment proposals?

 

You say that you dispute the amount the claimant claims, to your mind and based on your own records, how much do you calculate the amount to be that you would accept liability for?

 

Of the documents you requested under CPR 31.14/31.15, what doc's have not been disclosed/supplied by the claimant?

 

You will need to file a draft order for directions (see F on page 4 of AQ), you want the claimant to disclose the documents requested (and any other document he intends to rely upon for his claim), you also will need to ask the Court's permission to file an amended defence/fully particularized, but you can only do this if the claimant discloses all documents.

 

Anyway deeply, lots of questions, sorry about that, come back when you can (with as much detail/answers as possible), then we can go from there.

 

Kind Regards

 

The Mould

[Deep-In-The-Do-Do]

Hi the Mould,

 

I have sent you a PM with a few details on.

 

Thanks

 

Deep In The Do Do

[Deep-In-The-Do-Do]

Hi The Mould,

 

Thanks for your help so far, I have recieved a copy of the other parties AQ which states they are not interested in having a month to settle the case, they also estimate it will last for 1 day with costs of almost £8k!!! and they say there is no pre-action protocols to follow - surely there must be something?Is this normal?

[The Mould]

Hello Deeply do do

 

Have you made a start on filling in the AQ yet?

 

You will need to file draft order for directions with the AQ, requesting disclosure and permission to amend your original (ED) defence.

 

This is a money/debt claim, there are no formal pre-action protocols that apply, however, Practice Direction - Pre-Action Conduct is a Civil Procedure rule that the Courts expect both parties to the action to adhere/follow before commencing with proceedings.

 

Anyway Deeply, you need to get a move on with your AQ, if the Court grants you permission to amend your defence, then come back and let me know.

 

I think the only real thing that stands in your favour is what I stated to you in my last pm.

 

Kind Regards

 

The Mould