mbna/virgin card debt - drydens/arrows/restons discounts offer - now got claim form - help!!

[AndyOrch]

What are the particulars of Claim lutin?

 

Regards

Andy

[AndyOrch]

Duplicate

[lutin]

its a CC debt with MBNA that they just kept upping the interest rates and we couldn't cope anymore.

 

So I sent a letter(with expenditure) to MBNA asking for a freeze in interest.

 

This got totally ignored.

The usual threatening letters,

so SAR and CCA ,

later they sent an agreement which seemed unenforcable(please see above) from 2004 with Virgin.

 

They then terminated the account(I will post this up if any use).

 

I then got an early settlement offer with a saving of around £7000,

I would have settled with this but there was just no way we could afford it.

 

The debt got passed to Drydens and now Restons,

who have instigated court proceedings.

 

I am willing to fight them,and am no longer scared of intimidation.

 

I really do appreciate any help.

 

Before finding C.A.G I believed everything the banks said.

Thanks for your input,

 

Lutin

Edited October 17, 2012 by lutin

[dx100uk]

lutin

 

can you scan up the particulars of the claim page please

 

 

scan the required letters/agreements/sheets - as a picture[jpg] file

don't forget you can use a mobile phone or a digital camera too!!

or

convert existing PC files to PDF [office has an installable print to PDF option]

.

'

BUT......

ENSURE: remove all pers info inc. barcodes etc using paint program

but leave all figures and dates. {DO NOT USE A BIRO OR PEN]

.

goto one of the many free online pdf converter websites

it would be better to upload a multipage pdf if

you have many images too rather than many single pdfs

.

or if you have PDF as an installed printer drive use that

or use word and save as pdf

.

open a new msg box here

hit go advanced below the msg box

hit manage attachments below that box

hit the add files button on the top right

hit select files, navigate to your file on your pc

hit upload files

.

.

dx

[lutin]

Will try again.Thanks for your patience

Edited October 19, 2012 by lutin
details in

[AndyOrch]

Perhaps edit out the amount and replace with £xxxxx.xx claimed lutin, makes it easily identifiable.

 

Andy

[lutin]

I have removed details except for dates ,many thanks for you patience.

[lutin]

I have completed a CPR 31.14 request and will be sending it to Restons recorded delivery first thing tomorrow morning.

I bet they don't reply,but we'll see.

Regards to all Lutin

[AndyOrch]

I have completed a CPR 31.14 request and will be sending it to Restons recorded delivery first thing tomorrow morning.

I bet they don't reply,but we'll see.

Regards to all Lutin

 

Fine lutin...looking at their P.o.C you may request a copy of the contract and a copy of the Notice of Assignment only vis a CPR 31.14.

 

Regards

 

Andy

[lutin]

Cheers Andy that is what I have done!

Thanks for the input.

[lutin]

I have just realised the CPR I sent this morning was un-signed.Do I need to send another one that is signed.Thanks, Lutin:oops:

[AndyOrch]

I would ...any excuse etc.

[lutin]

So Pestons have sent back my letter not signed,(sent another"signed ") all recorded delivery.They have not responded with any documents etc

So my next course of action is to file an N244 with a letter;

Claim No: xxx

1 Unless by 4:00pm on 11/11/12 the Claimant complies with a request made by the Defendant on 22/10/12 pursuant to CPR 31.14 by the provision to the Defendant of documents mentioned in the Particulars of Claim, namely [1] the agreement [2] the deed of assignment

the claim shall stand struck out and the Defendant shall be at liberty to enter judgment against the Claimant without further order of the court, and

[ii] the Claimant shall pay the Defendant her costs of this case to be assessed on the standard basis and pursuant to the provisions of The Litigants in Person (Costs and Expenses) Act 1975.

 

2 In the event that the Claimant shall comply with this order,

the Defendant shall file and serve a Defence by 4:00pm on 11/11/12 28 days from date of application and

[ii] the Claimant shall pay the Defendant his/her costs of this application

Lutin

 

I hope this is the correct course of action followed by entering a defence before the deadline just incase they carry on!

Thanks Lutin

ps do I inform pestons or keep quiet:?:

Edited November 5, 2012 by lutin
wrong date

[AndyOrch]

Risky move Lutin what if they challenge your application counter application for Summary Judgment and instruct Council/Barrister to attend...and on top of that disclose said documents?

 

Regards

 

Andy

[lutin]

Oh.....so should I put in a defence and leave the N244?Sorry to sound thick but my head is everywhere looking at various threads!

Cheers Lutin:???:

[AndyOrch]

You can force disclosure at Standard Disclosure without risk..it would be more preferential to submit a defence on the facts you have to hand at this time.

 

Andy

[lutin]

Right, so I will try to put together a defence with the application not being an agreement...I'll be back.Thanks for the clarification Lutin

[lutin]

Here goes,please shoot me down now if I am miles away,I would rather have friendly fire now .Thanks a lot Lutin

DEFENCE

 

1. It is neither admitted nor denied with regards to the Defendant entering in to an Agreement referred to in the Particulars of Claim ('the Agreement') the Claimant has yet to disclose any Agreement.

 

2 It is denied with regards to the Defendant owing any monies to the Claimant and the Claimant is put to strict proof to:

 

(a) show how the Defendant has entered into an agreement with the Claimant; and

(b) show how the Defendant has reached the amount claimed for; and

© show how the Claimant has the legal right, either under statute or equity to issue a claim;

 

3. I have asked for disclosure pursuant to CPR 31.14 and the Claimant has not yet fulfilled request.

 

4. As per Civil Procedure Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed.

 

5. On the alternative, if the Claimant is an assignee of a debt, it is denied that the Claimant has the right to lay a claim due to contraventions of Section 136 of the Law of Property Act and Section 82A of the Consumer Credit Act 1974.

 

6. By reason of the facts and matters set out above, it is denied that the Claimant is entitled to the relief claimed or any relief.

7.That I may respectfully ask the courts that I may amend my defence if the Claimant discloses requested documents.

Lutin

[lutin]

Bump,its got to be in tomorrow,thanks

[AndyOrch]

Hi Lutin

 

Difficult to advise without sight of their particulars of Claim.

 

Andy

[lutin]

Its in no.32 thanks.

[AndyOrch]

Yes thats fine I personally would lose No.7.

 

Regards

 

Andy

[lutin]

Thanks for the prompt reply Andy.I appreciate your time and experience in a worrying time for us.Cheers Lutin

[lutin]

Well 5 months after putting a defence in, Restons have been in touch saying they will put an application to Strike Out the Defence/Summary Judgement,costs etc

They say the fact was there was no signed Agreement with myself and Arrow Global will not afford me a defence.

Are they now admitting they have no agreement,surely the alleged agreement would have been with MBNA not Arrow or are they trying to muddy the waters ,in my already muddy brain:|

I am going to do some more reading but any advice would be greatfully received.

Cheers Lutin

[lutin]

Does anyone think that Restons will carry on their court claim or are they bluffing? I hope they are bluffing as they have now threatened my partner with going to court for another mbna debt.We are now getting quite worried,if you are reading this Restons I hope you enjoy people not sleeping,crying,arguing and feeling miserable.But we will not give in:mad2: