Claim for received mbna-restons ccj defend or roll over help please!

[Shocktactics69]

Hi, Recieved claim form for CCJ from Restons solicitors on behalf of MBNA from bulk centre northampton county court.

 

Particulars to the claim state;

The claimant claims payment of the overdue balance due from defendant under a contract date on or about 27/09/2005 in the sum of 8710.56.

No details of this contract supplied.

 

Is it normal for them to write "on or about" why dont they know what date I signed the agreement?

 

I have been making token payments to MBNA and restons but they basically told me they are looking to put a charge on my house which I really dont want.

I can afford to pay about £40 a month to a CCJ but I am worried they will just decline and go for a charge.

 

So my question is should I defend and see if they can supply the CCA and if they do supply will that impede on me getting monthly payments on a ccj.

Or should I just roll over and admit the claim as I probably dont stand a chance against these solicitors anyway? (i have heard they are vile and get charging orders like sweets).

 

Any guidance would really help.

[AndyOrch]

Hi Shock

 

I would defend all and at least make them work for it, they spin these claims out like confetti with no pre action protocol.

 

Andy

[Shocktactics69]

Hi, Thank you

I think my worry is that they will drag me though courts which I have no idea how to deal with, and I will mess up my chance to pay monthly.

 

If I defend and they produce the paperwork (unlikely) what happens then?

 

Also if they cant produce papers required in court, do i still have to pay them but they cant legally challenge me?

 

sorry for all the questions lol.

[AndyOrch]

Whether you defend or not you can still pay monthly the only difference with defending you may not end up with a CCJ.The process is quite easy

but you must consider the costs aspect as this will be Fast Track.

 

Andy

[Shocktactics69]

Mmm good point, no CCJ will be preferable lol.

 

So what sort of costs am I looking at to defend? worst case scenario.

 

S x

[AndyOrch]

Depends what litigation is involved and if they proceed.To accept is an automatic CCJ with either a forthwith (one payment) or with installments that are acceptable and affordable to yourself.If defended there is a chance they may mediate or reach settlement so no costs, if it proceeded to full trial and you lost it could be a further 3/4K although FT cases are suppose to be restricted to assessed costs of £1500.Have you any defence to offer unfair charges/ disputes / invalid interest added to summons amount?

 

Andy

[Shocktactics69]

Hi, yes seems complicated but perhaps worth a try, has anyone else had any dealings with Restons to know how they play?

 

I have had normal interest charges and some default costs but nothing major. I have kept most of my statements from statements from the second one onwards so I have most of those to check. At the start of the card I did balance transfers at 0% for a while and rarely used card itself.

 

My issue is the way they keep upping your credit limit on interest free offers to a quite high level within a short timescale, then when you have difficulties when interest and payments go up!

I just dont think because you make your payments they should keep increasing your credit limits to put temptation in your way as its unsustainable when the interest starts.

 

So how do I start, I have read I need to acknowledge online to defend with court then send CPR31,14 to Restons and I think a CCA request to MBNA is that right?

[AndyOrch]

I would assume there is a little more to the PoC than you have typed in post#1 if you could type it out in full verbatim less any account numbers etc.

Is the claimant MBNA? As it is a CPR would be pointless but yes definitely a sec 78 request will be required.

 

Andy

[Shocktactics69]

Hi, yes the claimant is MBNA and address for sending docs and payments is Restons.

 

Particulars to the claim state word for word the following:

"The claimant claims payment of the overdue balance due from the defendant under a contract dated on or about 27/09/2005 in the sum of 8710.56."

Particulars account number xxxxx

Date Item Value

01/06/2011 Default balance £8760.56

30/08/2011 post refrl cr -£50

Total £8710.56

 

Thats all that is in that section! thats why I thought it was odd as is said "on or about" surely they should know when the contract was dated.

 

So I send a sec 78 to MBNA?

 

s X

[AndyOrch]

Ok contract is mentioned and default value is also so CPR 31.14 and sec 78 to Pestons.Recorded del and a £1 PO for the CCA.Print name no sigs.

 

Andy

[Shocktactics69]

Thank you you are a star!

[Shocktactics69]

Hi,

I was helped in relation to a county court claim from MBNA for a credit card which has now gone to Restons solicitors and it was suggested to defend the claim by you lovely experts.

 

I have recieved responses from Restons solicitors and I am to say the least confused:???:

I have not put in my defence yet and would appreciate some help (should I be doing that within 14 days) I have acknowledged online on 6th October to defend the whole claim.

 

I have sent cpr31.14 to restons and s78 to both Reston and MBNA to cover both.

I have attached the letters from Restons in response to my CPR31 14 AND s78, and would appreciate some guidence.

I have also attatched the court claim letter to give you a better idea of dates and POS.

Any help would be appreciated as I dont know what to do next.

S x

Edited October 16, 2011 by Shocktactics69
taking docs off

[dx100uk]

again i have unapproved posts with details show

 

you need to use the computer program PAINT to block out you

pers details in JPG format

THEN convert to PDF and upload

 

dont use a black felt tip pen that can be seen through.

 

either than or

put strips of paper OVER the accounts details etc

 

dx

[Shocktactics69]

Hi,

I have used eraser tool to block out now.

court claim copy.pdf

termination copy.pdf

cpr31 response copy.pdf

cpr31 request copy.pdf

Edited October 16, 2011 by Shocktactics69
taking off docs

[Dotty50]

Hi,

 

This company are known to read threads on here and take copies of them to court!

 

I would get these documents removed pronto as they are too identifiable in my opinion.

Edited October 16, 2011 by Dotty50

[Shocktactics69]

Hi, Oh i didnt realise....how can I delete the thread? or parts of it?

[Dotty50]

I did alert the site team for you, but you can edit posts for a limited amount of time.

[Shocktactics69]

thank you so much, yes think it should be removed and can start another will also ammend documents.

[dx100uk]

i dont honestly think it is a bad idea to keep things here

 

restons are easily defeated, and it will not hurt for things to be in the open [as such]

 

have you investigated reclaiming charges/ppi?

 

that will blow them right out the water.

 

dx

[Shocktactics69]

Thanks, I didnt take any PPI with card so I havent got that but I do have normal interest charges and a few default charges.

 

So can anyone help with my reponse to cpr31.14 from them??

[Dotty50]

i dont honestly think it is a bad idea to keep things here

 

I agree DX, but the posts could be edited and the attachments certainly give a lot away, why make Pestons job easier?

 

restons are easily defeated, and it will not hurt for things to be in the open [as such]

 

I don't think DizzieDiva would agree, she has had an awful time with them!

 

have you investigated reclaiming charges/ppi?

 

Yes get claiming if you can!

 

that will blow them right out the water.

 

dx

 

Good luck shocktactics!

[Dotty50]

Thanks, I didnt take any PPI with card so I havent got that but I do have normal interest charges and a few default charges.

 

So can anyone help with my reponse to cpr31.14 from them??

 

Can't read the letter now but did you ask for documents that weren't mentioned in the POC? 31.14 only allows for you to request the documents they mention which I think was a contract on your POC?

[Shocktactics69]

Hi,

Yes it mentioned default and contract, I have just found my default notice in some paperwork from February 2011 but wanted the contract.

 

Perhaps I should have just asked for contract? I also sent s78 to Restons and MBNA for agreement but Restons said they are a solicitors and are not obliged to comply but will request from MBNA, I have not had response from MBNA yet.

 

I have not submitted a defence yet and could do with some help.

 

s x

[Shocktactics69]

Anyone? BUMP

[Dotty50]

Hi Shocktactics

 

Here is a link to a thread which involved the same people, it's very long but will give you and idea of how they work. http://www.consumeractiongroup.co.uk/forum/showthread.php?259523-MBNA-county-court-Summons-quot-Help-Please

 

Andyorch posted on your thread earlier and I am sure will be back to assist you but in the meantime, have a search on here and read as much information as you can in order to defend the claim if that is how you want to proceed.

 

Don't sit around waiting for others to come and do the work for you, you must read and understand the procedures otherwise you will struggle if you are in front of a judge!

 

BTW did you get a letter before action giving you time to contact Pestons before you got the claim?