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

[lutin]

Cheers CB x

[citizenB]

What letter did you not respond to ( point 11 in your WS ) ?

[AndyOrch]

Witness Statement

 

The Agreement

 

1. This statement is made in opposition to the Claimants application for summary judgement and by which the Claimant contends that Ihave no real prospect of successfully defending the claim made against myself.

 

2. The claim in this action is for monies outstanding under a Virgin MBNA branded credit card facility regulated by the Consumer Credit Act1974,(removed).

 

3 I submitted a defence whereby I put the Claimant to strict proof as to how I entered this Agreement. No response was received. Prior to this I had made 2 requests under CPR 31.14 for the disclosure of the documents relied on in their particulars of claim. The first request was on the 22/10/12 which the claimants failed to accept as it was unsigned. The second,24/10/12 which was not responded to even though it was signed.I believe the spirit upon which the CPR operates means that they should have responded to my requests,especially as i am a LIP(see T1 and T2)

 

4 I disagree that ”xx” the true copy of the agreement Is slightly difficult to read. I contend that it is illegible and as such renders the agreement unenforceable in a court of law as prescribed in The Consumer Credit (Cancellation Notices and Copies of Documents) Regulations1983 (SI 1983/1557).

 

Terms and Conditions

 

On the true copy there are parts of the agreement missing;on the alleged reverse side(1e) there is a paragraph missing after the words ”we will not charge interest” and the next labelling for the agreement is (1h). I would question the claimant that there are parts of the agreement missing ie 1F and 1G or the words “ we will not charge interest”

 

Also on the true copy (reverse) it is not headed “Credit agreement regulated by the Consumer Credit Act 1974 terms and conditions as required for a credit agreement to conform to said act.

 

The reconstituted copy which is barely legible ,the front of the copy has nothing to tie it to the back,and even contradicts what the claimant states that these were the terms and conditions related to the front of said Agreement, as it has vir 04/04 on the signature] side and ver 02/04 on the alleged reverse. Therefore there is no proof the terms and conditions relate to the signed document and therefore does not conform to the Credit Consumer Act 1974 which states that the terms and conditions must be embodied in the four corners of the Agreement.

 

The T&C are therefore inconsistent and unrelated.

 

Notice of Assignment

 

5. At no time has the Claimant proven a notice of assignment has been served,merely an alleged reconstituted copy.In the OFT guidance notes for business on the Consumer Credit Act section 2.12 it recommends retaining proof of postage. It is not agreed that a Notice of Assignment was sent by the Claimants “sophisticated” computer system and the claimant is put on strict proof that one was sent, a proof of postage ,and delivery confirmation from the Post Office or something as simple would suffice.

 

Default Notice

 

 

6. The amount £12,6 is different to the amount£12,2 which is what is listed in their alleged default notice. I do not agree with the amounts on their copy of a default notice as this would include penalty charges which should not be included in the default notice.

I put the claimants to strict proof that the default notice was served.

 

I have not received the O.F.T guidelines on default notices

 

Conclusion

 

7. I did not respond to letter xx as a LIP I was unaware at that time that I should have responded.

 

8. In these circumstances the court is invited to conclude that there are reasonable grounds with triable issues to support that I will be able to successfully defend the claimants claim and that the Claimants application for summary judgement against me be dismissed.

 

 

Statement of Truth

 

 

 

Dated this day xxxxxxxxxx

[lutin]

I take it that I have waffled too much.Thanks Andy

CB it was a letter inviting me to withdraw or SJ would be applied for

[AndyOrch]

I take it that I have waffled too much.Thanks Andy

 

Just a Tad

[citizenB]

I take it that I have waffled too much.Thanks Andy

CB it was a letter inviting me to withdraw or SJ would be applied for

 

Ah righto.. well irrelevant now as AO has provided you with an edited WS to send

 

In the post where you have provided a copy of the Default Notice, there is also a copy of the Envelope. Did you actually receive the DN ? or is that Restons providing you with a copy of the envelope as well ??

[lutin]

You are a lifesaver thanks,will see what happens cheers Lutin

[lutin]

No Pestons did not send the enveleope,Oh my god have I been confused, more than a confused person at the wrong confused persons conference

[lutin]

1 more stupid question,can I put my ws online only or do I need to send an actual copy to the court and Pestons( I need to send to these I know) ta

Edited September 12, 2013 by lutin
stupidity

[citizenB]

No Pestons did not send the enveleope,Oh my god have I been confused, more than a confused person at the wrong confused persons conference

 

No worries.. It is just that it is most unlike MBNA to send letters by 1st class mail.. even UK first class mail

 

I wouldn't waste any more energy worrying about the envelope

[AndyOrch]

1 more stupid question,can I put my ws online only or do I need to send an actual copy to the court and Pestons( I need to send to these I know) ta

 

 

No.... hard copy to court/claimant..if Pestons accept electronic service then you could email as well.

 

Andy

[lutin]

Thanks

[lutin]

Well I am off to the hearing(SJ) tomorrow will see what happens???You never know the solicitor might be a babe .......if you are reading Restons...do you employ Babes? lol

Other than that any advise would be appreciated from fellow CAGGERs such as things to say to judge or even coming to an agreement(sic)

[AndyOrch]

Best of luck lutin the CAG is behind you.

 

Stand your ground...if unsure ask them to repeat.....give it thought before you answer.

 

Regards

 

Andy

[Old Cogger]

Goodluck for to-morrow!

[lutin]

Thanks,I will pause before response.It sounds such a cliché but without c.a.g I would have given up a long time ago:!:

[lutin]

The District Judge was not interested in my arguments on the enforcibility of the agreement

..he only wanted to know if I signed the agreement.

 

.he asked the barrister from Pestons to supply a running statement of the account(in 56 days).

 

I think that he just wanted another judge to deal with it

 

if pestons supply a running statement they can apply for Summary Judgement again.

 

It was very frustrating as the Judge did not want to go into any detail as to the enforcibility of the agreement...ahhhhhh.

 

This is so frustrating,

 

I don't know if the Judge was on my side or not....but I think not.

 

He barely let me speak and Pestons barrister was pretty crap ,said about 3 words with no conviction whatsoever.

 

Cheers Lutin

[Old Cogger]

Unfortunatly there are a lot of tin pot so called D.Js who are the same as that it is about time they were brought to to-boot and made to pay for their misuse of power by ignoring Legislation etc

[lutin]

It just feels like "what is the point" researching etc when he had not even bothered to read my WS properly

[lutin]

Right,

 

very quick BIG ASK for help.

 

Does anyone have the terms and conditions for MBNA/Virgin credit card for 2011.

 

I am in court tomorrow am .and they have stitched me up like a kipper

 

serving a witness statement a working day before hearing

 

...I know they should not but the judge may allow it

 

and if he/she does I am dead in the water!!

 

 

A hopeful Lutin.

[dx100uk]

type in MBNA in the search on the right of the grey top toolbar.

 

that will show you all the MBNA threads

 

that should give you what you want...

 

can you not ask/get the hearing delayed?

 

dx

[lutin]

Cheers DX I will try to find them,this is the 2nd hearing and I had them stuffed on sec 78 non compliance but I have now had 3 different terms and cond.cheers Lutin

[AndyOrch]

They cant serve a WS a day before the hearing Lutin read here pages 7/8

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?389205-Northampton-CCBC-claim-form-received-from-Lowell-Drydens-Fairfax-Vanquis-HELP/page8

 

Regards

Andy

[lutin]

Unfortunately they did and the judge allowed it.

I had them on non compliance of sec 78..The terms and conditions were different to default notice.They said it was a mistake so served a new WS on Friday afternoon,in normal post.This WS had different T&Cs which they said complied with their obligations.After judge said they were poor in putting wrong conditions for 7 months of action, ultimately he said you had money ,you owe it so pay it plus their costs SJ in their favour.

Regards a disillusioned(with the legal system) Lutin.

[dx100uk]

judge lottery then sadly

 

dx