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Mbna - restons help urgently needed !

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Hi Everyone, I have been having major issues with Restons acting on behalf of MBNA. I have been a member of another forum but could not get any responses from there and decided to try and register on here instead as I am completely running out of time and panic has set it !

I have a cc debt with MBNA, took the card in 2008, cut a long story short, due to a car crash injury I lost my job and ended up unemployed since mid 2008. Although I continued paying reduced amounts never missing a payment, MBNA recruited Restons who are now acting on their behalf and are taking me to court, default registered in Dec last year.

I tried to negotiate offering payments over 100 pounds per month but they don't want to know, they are keen to take me to court and (as they said) secure a charge on my property (!). I sent all the usual SAR etc requests and did not get a response.

I completed my initial defence based on the lack of documentation and disclosure by MBNA / RESTONS. Once the defence was submitted I did receive the docs from both MBNA / Restons but not originals, what I got is a RECONSTITUTION of the Credit Agreement and RECONSTITUTION of the Ts & Cs .

Since then I tried to negotiate a bit more (having a CCJ will impact my job hunt because of the nature of my work …), again my offers were refused and received a court allocation questionnaire which I am going to take to the court to help me complete. So, my questions are:

1. Does a reconstituted agreement stand up in court ? They did send half a page of the “Executed Agreement” with my signature on it but I can’t read any of it.

2. Will I get a chance to prepare a "proper" defence now that the some of the documents have been sent to me i.e. SAR etc ? I want to use unreasonable behaviour as the basis for my defence against Restons due to their refusal to accept my offers of payment.

3. When the case goes to court can Restons apply for a charging order straight away?

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Hi, has anyone had a chance to look at this as yet? Sorry to be asking but I went to my local court in order to get some help with the allocation questionnaire and they would not offer any help at all. I have to get this completed asap but am struggling , especially around case directions etc. Also I have been reading lots on here regarding the default notice, I received my notice on the 11th of Jan 2010 giving me until 28th of Jan to pay the arrears but I noticed on Experian that the default was ALREADY registerd on my credit file even before the letter was sent to me i.e. Dec 2009. Is this procedure normal ? Thanks a lot

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