Vs Restons/MBNA

[napoleonhill]

Please Help

MBNA via Restons are taking my wife to court over a credit card debit. The debt is being repaid under a DMP with the CCC'S, but the MBNA want to make an example of my wife. She is the worrying kind and this has caused many sleepiness nights. So, I have had to deal with the case myself. Too smart for my own good though! I thought, well, I’ll search the CAG site I’m sure they can help. So I decided to make Restons go all the way, we are not going to rollover without a fight. First up, I sent a letter to Restons requesting information regarding my wife's account citing CPR rules. They wrote back to my wife and asked her to confirm which particular rule she was referring. I replied rule CPR31.15 Their reply was received this morning and I quote from their email.

“The court has not made an order for standard disclosure and as such, we are under no obligation to comply with your request” “For Clarification, we do not intend to supply the extensive list of documents requested in your letter which, in our view, appears to be nothing more than a fishing expedition” This last bit got my goat!

So having made a complete mess of things how do I proceed now. Any help would be greatly appreciated.

[AndyOrch]

Hi Nap and welcome to CAG

 

With the response you have received I would assume this is SCT (Small Claims Track) and a standard response from that crew.

You can request disclosure at AQ (allocation Questionnaire)

What document ion do you require?

Have you requested your CCA?

Do you have a DN or Termination Notice?

Have you got the original Statements from the debt?

How old is the account?

Did you receive any LBA from Restys?

 

If you could

type out verbatim, less any personal or identifiable details, the Claimants P.o.C to enable what they a proposing to rely upon.

 

Regards

 

Andy

[napoleonhill]

Yes sorry Andy Small Claims Track, as said in my first post if we are going to be forced into court we want to ensure they have all their i’s dotted and t’ s crossed otherwise we might just as well rollover. Plus my wife can’t remember signing a contract

Particulars of Claim

Claimant – MBNA Europe Bank Ltd

The Claimant claims payment of overdue balance due from the Defendant under contract dated on or before 9th July 2004 in the sum of £4787.80 inclusive of interest to date of this summons at 8percent per annum from 2nd August 2010 to 19th August 2010

Particulars a/c xxxxxxx

Date 2nd August 2010

Item Default Balance

Value £4770.03

Post Refri Cr NIL

19/08/2010 Interest £17.77

Total £4787.80

Together with:-

Interest pursuant to s69 County Courts Act 19

At the rate of 104.55 pence per day to the date of judgement or sooner payment

Signed by Restons Solicitors

Not sure what lba means

We think we have had the default notice but have recently moved.

We want to see a copy of the CCA

Account opened in 2004

[JK36]

I am currently dealing with this lot for an MBNA claim. It took 3 adjournments from the Court to get them to provide all the information, and they still have bits missing in my view.

 

I wrote and asked for the information, when they didnt get it (I had an equally dismissive letter first time) I sent a defence in saying i couldn't do a proper defence as I didnt have the documents they referred to, and asked the Judge to make an order for the documents (all examples on this site) He duly did and they still didnt comply, mine has been going on close to a year I think, Judge has refused to adjourn again next time so we will fianlly see then.

 

They rely on us worrying and getting stressed so we give in and seem to be as awkward as possible whilst acting as though they are right and have an automatic right to win at Court. Assume they don't and act accordingly.

[AndyOrch]

Yes sorry Andy Small Claims Track, as said in my first post if we are going to be forced into court we want to ensure they have all their i’s dotted and t’ s crossed otherwise we might just as well rollover. Plus my wife can’t remember signing a contract

Particulars of Claim

Claimant – MBNA Europe Bank Ltd

The Claimant claims payment of overdue balance due from the Defendant under contract dated on or before 9th July 2004 in the sum of £4787.80 inclusive of interest to date of this summons at 8percent per annum from 2nd August 2010 to 19th August 2010

Particulars a/c xxxxxxx

Date 2nd August 2010

Item Default Balance

Value £4770.03

Post Refri Cr NIL

19/08/2010 Interest £17.77

Total £4787.80

Together with:-

Interest pursuant to s69 County Courts Act 19 Cant charge S69 on a an agreement CCA1974

At the rate of 104.55 pence per day to the date of judgment or sooner payment

Signed by Restons Solicitors

Not sure what lba means Letter before Legal Proceedings (Pre Action Protocol)

We think we have had the default notice but have recently moved. Pity would have been useful

We want to see a copy of the CCA Then request one from the Claimant Templates Lib letter N print name recorded delivery

Account opened in 2004

OK pre 2007

 

Regards

 

Andy

[napoleonhill]

Thankyou for all help and advice

Hi Andy

I have already sent CPR letter to solicitor and been told they will not comply, would another letter make any difference? Or is it a case keep knocking at their door? I dont have long to submit our defence. Should I ask the court to demand documents?

[AndyOrch]

Thankyou for all help and advice

Hi Andy

I have already sent CPR letter to solicitor and been told they will not comply, would another letter make any difference? No because its SCT the Claimant is not obliged to reply Or is it a case keep knocking at their door? no CPR is really intended for Fast Track/Multi Track not SCT I dont have long to submit our defence.Dont worry you can submit a short holding defence Should I ask the court to demand documents?You will have this opportunity when tou complete your AQ (Allocation Questionnaire)[/QUOTE]

As advised above I would request a copy of your CCA, this they cant ignore.

Regards

Andy

 

[napoleonhill]

Thanks Andy

One last thing where can I find the templates, I 've looked but cant find them and the allocation questionnaire is that sent to me by the court or is it in the original documents?

[AndyOrch]

Templates & Budget Planner Letter N

No the AQ is released after the Claimant has informed the Court they wish to proceed.The claim is then transfered to your local CC.

 

 

[AndyOrch]

Try this one Creditors and DCAs - Letter Templates & Budget Planner

[napoleonhill]

Hi Andy

Surprise, surprise the solicitor has come back to us offering the documents requested on a voluntary basis. They claim the documents confirm liability and say that should we file a defence to the proceedings they will make an application to stike out that defence and/or for summary judgement.

Contaract signed 13th may 2004

 

does this mean we are up the creek without a paddle?

[AndyOrch]

No it means they are throwing the dummy out the pram because you have requested Documents and submitted a plea to defend.Their response is designed to play mind games with you and deter you from submitting said defence.

You now need to wait for the documents and see what they have.Are going to forward them and if so why didnt they include them with their threat?

 

Regards

 

Andy

[napoleonhill]

All gone pear shape.

We received notification today that judgement has been made against my wife as a reply or defense was not received. I returned the court paper work by recorded and was expecting to receive an allocation questionnaire. but I received nothing. Now they have transferred to Norwich and are putting a charging order on the house and we didn't get the chance to argue the case. Can they charge what they want now? debt was say five can they charge extra fees and interest now bump it up a few grand. I feel peeved to say the least. My wife is none to happy either. It just seems very vindictive and nasty to me.

[AndyOrch]

But of course you have proof recorded delivery that a defence was submitted.Submit a N244 (you can download) to set a side judgment include a copy of proof of postage and a copy of your defence.

Do this ASAP as they will or have made application for an Interim Charging Order.

 

Regards

 

Andy

[DonkeyB]

You need to apply for a set aside. Do you retain the proof that you posted your defence? What exactly did you send as your defence? Did you send it in good time?

[AndyOrch]

Donkey was my response not there when you replied.I think this site is tinkering with my responses again. ie delaying them,moderating them.I cant PM I cant edit posts really dont know why i am wasting my time here.

 

Regards

 

Andy

[DonkeyB]

Hi Andy

 

Some of my responses seem to take about three minutes to land. Sometimes I hit ‘post reply’ only once, then it hangs for ages, then tells me I can’t post twice within 30 secs, yet I can see my post has already registered! There’s something amiss with the interface – that’s why some people keeping posting the same thing three or four times. I’m on Mac – don’t know if that’s anything to do with it. Have the same issues when I edit posts.

[AndyOrch]

" Have the same issues when I edit posts."

I dont even have an edit button:!:

[DonkeyB]

Try a different browser?

[napoleonhill]

Were a bit stressed out now. Have spoken to the court. Case has been transferred to Norwich. Restons are applying for a charging order. They have said that no instruction has been given to reposses our home, but i dont believe them. So, I can't stop the charging order but can I at least restrict the amount of the charging order to what is owed and if we are paying monthly to reduce the amount owed how can I stop MBNA taking the monthly amount we are paying and also when the property is sold the full amount of the judgement. We have more than one property (our pension} can they put charging orders on all the properties? We have to attend court for the charging order hearing and my wife is petrified. It may be business for MBNA and Restons, but its becoming personal with me.

[DonkeyB]

Get a N244 and apply for the set-aside urgently on the grounds you entered a defence (and have proof) and you have a reasonable chance of defending – the fact that you already have a payment agreement.

[napoleonhill]

An update on our case. The court hearing for the Charging Order has been transferred from Norwich to Chelmsford the date set for 20th January 2011.

Unfortunately, this date coincides with the date our daughter is expecting to give birth to our second grandchild. My wife wants to be with our daughter at this time to help with our 3 year old grand daughter and the new born. To make matters worse our daughter has been diagnosed with cervical cancer and will need an immediate operation after giving birth. My wife is distraught, she doesn't want to go to court and leave our daughter to cope on her own {our daughter lives in Austria}

We have asked Restons politely if they will allow us to adjourn the hearing and they have flatly refused, stating that their client wishes to proceed. They have said we can write to the court and not attend. However, we {sorry I'm not} giving up. The unsecured debt of MBNA is less than 10 percent of the overall unsecured debt. Would the court be more sympathic and compassionate about adjourning the case?

Do I stand a chance with the defence of the charging order on the grounds that the other unsecured creditors would be prejudiced if MBNA were granted a charging order? The point is we have had a DMP with the CCC’s since April 2010 Reston’s and MBNA know this, the amount we paid in April 2010 will be the same amount we pay if they get a charging order except the debt will be secured.

Why do I want to stop a charging order, well, firstly I don’t believe Reston’s when they say they will not force the sale of our house. Secondly, I don’t trust that extra fees and charges will not be added so that an unsecured debt of £5k becomes £10k £15k or £20k.

So do I stand a chance?

[napoleonhill]

Does anyone know the full name of Mr S. S. Bray of Restons Solicitors?

[napoleonhill]

Does any one know the e-mail contact for the Top Man/Woman at MBNA. Why are these people so embarrassed to disclose their contact details.

Also, does anyone else have issues with Restons and their aggressive actions?

Thanks in advance

[citizenB]

Restons and MBNA are probably one of the worst partnerships on CAG

 

If you need to request an adjourment you will have to apply on form N244. Whether or not the court will agree is another matter.

 

Why do you want the name of the head honcho.. you should be dealing with Restons as their legal representatives.