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

[dx100uk]

andy is away for a few days.

 

pestons do do court, but when fronted they usually fold.

 

dx

[lutin]

Cheers dx:-)

[lutin]

Hi all ,I have received a "Notice of Transfer of Proceedings" .The claim has been transferred to xxxxx County Court the claimants application to strike out the defence and Summary Judgement be entered.

Is this simply a notice that it will be moved or do I need to do anything urgently and within a time frame,as the letter was dated 2/6/13 and I have only just got it:oops:

Thanks Lutin:?:

[AndyOrch]

Summary judgment (SJ) decides a claim on one or more issues in the claim without trial lutin.A SJ can be granted where the defendant has 'no real prospect' of defending the claim at trial and there is no other compelling reason not to grant it. Fixed costs are provided in relation to SJ but the court can order costs to be assessed.

Generally SJ applications are made after service of the acknowledgement of service and the defence. They may be made earlier with the court's permission.

 

The court may refuse to give SJ but may make other types of orders such as a conditional order.

 

A summary judgment application may be based on a point of law or a question of fact or a combination. The CPR sets out the rules determining when an application can be made by a claimant, it does not expressly provide for when a defendant can make such an application.

Summary judgment and strike out applications require various documents and a court fee to be filed at court. The CPR sets out what these documents should contain. There is a specific timetable that must be adhered to, to ensure parties have sufficient time to prepare for the hearing.

 

You now need a copy of the Claimants application Notice N244 and any supporting WS...you then need to submit your own WS (not less than 7 days pre hearing) listing the reasons the application should be refused and why your defence does carry merit in order for the claim to proceed to trial.

 

Regards

 

Andy

[lutin]

Thanks for the reply Andy,can I ask how I would get a copy of the application notice(I assume that I would need to contact the court).Or would it be put online?

Cheers:-) again Lutin,

[AndyOrch]

Contact the Court or the claimants sols...the court may charge a small fee.

[lutin]

Cheers Andy,will do:-)

[AndyOrch]

Scan a copy up once in receipt lutin then you need to prepare your response not less than 7 pre hearing.

 

Regards

 

Andy

[lutin]

Hi hope everyone is well and feeling good after a great month of sun:-)...

 

Hopefully I will have attached my n244 and WS.

Having looked at the WS section 4 it states that the copy of the agreement is slightly difficult to read and I would agree, as I can't make out a good paragraph or 2,surely any true copy of their agreement should be legible.

Also on the reverse of the true copy there is no heading,"Credit Agreement regulated by the Consumer Credit Act 1974 terms and conditions",as there is on the reconstituted copy.

On both the true copy and reconstituted copy the terms and conditions only go up to section 3b,however an additional number of conditions 4 to 19 are on separate pages.

These are my naieve observations and I really do apologise if they sound stupid.

Cheers Lutin

[lutin]

Sorry WS (1) as well:oops:

[lutin]

Eyes blurry from reading posts..bed!Not even had a drink:???:

[lutin]

Right i am going to put a without prej save as to costs offer in ,whilst sorting defence WS.

The WS will be sent 7 days prior to hearing to court and Pestons.

WS to follow on CAG if my daughters old computer lets me,it has crashed twice whilst doing it grrr:x

[lutin]

Please shoot me down in flames,mistakes and ignorance are better dealt with now.cheers lutin:oops:

Witness Statement

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

 

2The claim in this action is for monies outstanding under a Virgin branded credit card facilty regulated by the Consumer Credit Act 1974,which I believe does NOT comply with this Act.

 

3 I filed a defence whereby I put the Claimant under strict proof as to how i entered this Agreement.No response was received.Prior to this 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 the22/10/13 which the claimants failed to accept as it was unsigned.the second,24/10/12 of which was not responded to even though it was signed.I believe the spirit upon which CPR rely

means that they should have responded to my requests,especially as i am a LIP(see T1 and T2)

 

4 I am in agreement that”LT 1” the true copy of the agreement is difficult to read and not legible and as such would make the agreement unenforcable in a court of law as specified in the case ???????.

On the reconstituted copy which is 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 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 Consumer Credit Act 1974 which states that the terms and conditions must be embodied in the agreement.

 

5 As described in no.4 the terms and conditions were not embodied in the Agreement therefore the Claimants chances of enforcement of the Agreemnt will be realistically challenged.

 

6 At no time has the Claimant proven a notice of assignment has been sent,merely an alleged copy.

 

7 As a LIP and not au fait at the time with default notices I would not have known the difference between a notice of default and a Default Notice.No proof of a default notice being delivered.

 

8 ?

 

9?

10?

 

11 I did not respond to letter LT 6 as a LIP I was unaware that i should have responded.

 

12 I believe that i have a real prospect of winning this case due to the illegible Agreement and terms and conditions which are not contained within the alleged Agreement

13????

 

14 In these circumstances the court is invited to conclude that there are reasonable grounds to supposethat i will be able to successfully defend the claimants claim and that the Claimants application for summary judgement against me be dismissed….new allegations and evidence?????????

Signed lutin

[AndyOrch]

Consumer Credit (Cancellation Notices and Copies of Documents) Regulations 1983 (SI 1983/1557).

 

Regulation 2 states:

 

2 Legibility of notices and copy documents and wording of prescribed Forms

(1) The lettering in every notice in a Form prescribed by these Regulations and in every copy of an executed agreement, security instrument or other document referred to in the Act and delivered or sent to a debtor, hirer or surety under any provision of the Act shall, apart from any signature, be easily legible and of a colour which is readily distinguishable from the .

 

Regards

 

Andy

[lutin]

Witness Statement

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

 

2The claim in this action is for monies outstanding under a Virgin branded credit card facilty regulated by the Consumer Credit Act 1974,which I believe does NOT comply with this Act.

 

3 I filed a defence whereby I put the Claimant under strict proof as to how i entered this Agreement.No response was received.Prior to this 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 the22/10/13 which the claimants failed to accept as it was unsigned.the second,24/10/12 of which was not responded to even though it was signed.I believe the spirit upon which CPR rely

means that they should have responded to my requests,especially as i am a LIP(see T1 and T2)

 

4 I am in agreement that”LT 1” the true copy of the agreement is difficult to read and not legible and as such would make the agreement unenforcable in a court of law as specified in The Consumer Credit (Cancellation Notices and Copies of Documents) Regulations 1983 (SI 1983/1557).

 

Regulation 2 states:

 

2 Legibility of notices and copy documents and wording of prescribed Forms

(1) The lettering in every notice in a Form prescribed by these Regulations and in every copy of an executed agreement, security instrument or other document referred to in the Act and delivered or sent to a debtor, hirer or surety under any provision of the Act shall, apart from any signature, be easily legible and of a colour which is readily distinguishable from the .

 

On the reconstituted copy which is 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 Consumer Credit Act 1974 which states that the terms and conditions must be embodied in the four corners of the Agreement.

 

5 As described in no.4 the terms and conditions were not embodied in the Agreement therefore the Claimants chances of enforcement of the Agreemnt will be realistically challenged.

 

6 At no time has the Claimant proven a notice of assignment has been sent,merely an alleged copy.

 

7 As a LIP and not au fait at the time with default notices I would not have known the difference between a notice of default and a Default Notice.No proof of a default notice being delivered.

 

8 ?

 

9?

10?

 

11 I did not respond to letter LT 6 as a LIP I was unaware that i should have responded.

 

12 I believe that i have a real prospect of winning this case due to the illegible Agreement and terms and conditions which are not contained within the alleged Agreement

13????

 

14 In these circumstances the court is invited to conclude that there are reasonable grounds to suppose that i will be able to successfully defend the claimants claim and that the Claimants application for summary judgement against me be dismissed….new allegations and evidence?????????

Signed lutin

Cheers Andy appreciate your time,especially with novices such as myself

I will do some more reading and put more body into the W.S,it has to be done by the 10/9/13.

[AndyOrch]

I would lose 12 or rephrase it

[lutin]

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

Witness Statement

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

 

2The claim in this action is for monies outstanding under a Virgin branded credit card facilty regulated by the Consumer Credit Act 1974,which I believe does NOT comply with this Act.

 

3 I filed a defence whereby I put the Claimant under strict proof as to how i entered this Agreement.No response was received.Prior to this 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 the22/10/13 which the claimants failed to accept as it was unsigned.the second,24/10/12 of which was not responded to even though it was signed.I believe the spirit upon which CPR rely

means that they should have responded to my requests,especially as i am a LIP(see T1 and T2)

 

4 I am in agreement that”LT 1” the true copy of the agreement is difficult to read and not legible and as such would make the agreement unenforcable in a court of law as specified in The Consumer Credit (Cancellation Notices and Copies of Documents) Regulations 1983 (SI 1983/1557).

 

Regulation 2 states:

 

2 Legibility of notices and copy documents and wording of prescribed Forms

(1) The lettering in every notice in a Form prescribed by these Regulations and in every copy of an executed agreement, security instrument or other document referred to in the Act and delivered or sent to a debtor, hirer or surety under any provision of the Act shall, apart from any

signature

, be easily legible and of a colour which is readily distinguishable from the

.

 

On the reconstituted copy which is 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 Consumer Credit Act 1974 which states that the terms and conditions must be embodied in the four corners of the Agreement.

 

5 As described in no.4 the terms and conditions were not embodied in the Agreement therefore the Claimants chances of enforcement of the Agreemnt will be realistically challenged.

 

6 At no time has the Claimant proven a notice of assignment has been sent,merely an alleged copy.

 

7 As a LIP and not au fait at the time with default notices I would not have known the difference between a notice of default and a Default Notice.No proof of a default notice being delivered.

 

8 ?

 

9?

10?

 

11 I did not respond to letter LT 6 as a LIP I was unaware that i should have responded.

12 got rid of and re numbered

 

12 In these circumstances the court is invited to conclude that there are reasonable grounds to suppose that i will be able to successfully defend the claimants claim and that the Claimants application for summary judgement against me be

dismissed

….new allegations and evidence?????????

Signed lutin

Thanks

[lutin]

Here goes I have done some more work and every time I look I see more on the agreement:!:

 

Witness Statement

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

 

2The claim in this action is for monies outstanding under a Virgin branded credit card facilty regulated by the Consumer Credit Act 1974,which I believe does NOT comply with this Act.

 

3 I filed a defence whereby I put the Claimant under 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 CPR rely means that they should have responded to my requests,especially as i am a LIP(see T1 and T2)

 

4 I am in agreement that”LT 1” the true copy of the agreement is difficult to read and not legible and as such would make the agreement unenforcable in a court of law as specified in The Consumer Credit (Cancellation Notices and Copies of Documents) Regulations 1983 (SI 1983/1557).

 

Regulation 2 states:

 

2 Legibility of notices and copy documents and wording of prescribed Forms

(1) The lettering in every notice in a Form prescribed by these Regulations and in every copy of an executed agreement, security instrument or other document referred to in the Act and delivered or sent to a debtor, hirer or surety under any provision of the Act shall, apart from any signature, be easily legible and of a colour which is readily distinguishable from the .

 

On the front of the agreement there is a box with words that are completely illegible,not slightly difficult to read.

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 like to know if the claimant agrees that there are parts of the agreement missing ie 1F and 1G or the words “ we will not charge interest” are correct?

 

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.

 

 

On the reconstituted copy which is 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 Consumer Credit Act 1974 which states that the terms and conditions must be embodied in the four corners of the Agreement.

 

5 As described in no.4 the terms and conditions were not embodied in the Agreement therefore the Claimants chances of enforcement of the Agreement will be realistically challenged.

 

6 At no time has the Claimant proven a notice of assignment has been sent,merely an alleged copy.In the OFT guidance notes for business on the Consumer Credit Act section 2.12 it recommends retaining proof of postage.

 

7 As a LIP and not au fait at the time with default notices

 

8 Noted

 

9 It is not agreed that a Notice ofAssignment was sent by the Claimants “sophisticated” computer system and the claimant is put on strict proof that one was sent, a receipt from the Post Office or something as simple would suffice.

 

10 Default notice?????????????????????????????????????????

 

11 I did not respond to letter LT 6 as a LIP I was unaware that I should haveresponded.

 

12 In these circumstances the court is invited to conclude that there are reasonable grounds to suppose that I will be able to successfully defend the claimants claim and that the Claimants application for summary judgement against me be dismissed

 

Signed lutin

Edited September 9, 2013 by lutin
funny text - sorted out funny text :lol:made a cock up

[citizenB]

Lutin, when do you need to respond to their application by ?

 

Without a copy of the Default Notice proper, you are unable to see if the copy that MBNA (Restons) say was sent, was actually valid.

 

MBNA had a nasty habit of not providing for the mandatory remedy period of 14 days and/or would demand the full balance instead of arrears only.

 

You do not know if the DN contained penalty charges, as these would NOT be arrears and should not form part of the DN.

 

You do not know if the OFT sheet which is required to be included, was indeed enclosed.

[lutin]

Thanks for looking in CB.

The date for the hearing for SJ is 20/9/13..but I need to furnish Pestons with my defence by the 13/09/13 giving them 7 days .

Thanks for pointing out about the DN I will look at what they have sent including the envelope,I don't understand the significance of the DN even having read 50000 posts.

Again thanks

[lutin]

All that was sent including the envelope should be here.Thanks for your input I really do appreciate itx

[lutin]

I am thinking of getting a solicitor on this I don't know if I will be able to cobble a defence together,the DN has really confused me???????????

[lutin]

??

[lutin]

Andyorch would you take a look at my w.s it needs to be in today,am getting very worried.sorry to pressure you.

 

 

Witness Statement

 

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

 

 

2. The claim in this action is for monies outstanding under a Virgin branded credit card facilty regulated by the Consumer Credit Act 1974,which I believe does NOT comply with this Act.

 

3. I filed a defence whereby I put the Claimant under 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 CPR rely means that they should have responded to my requests, especially as i am a LIP(see T1 and T2)

 

4. I am NOT in agreement that ”xx” the true copy of theagreement Is slightly difficult to read. I contend that it is not legible and as such would make the agreement unenforcable in a court of law as specified in The Consumer Credit (Cancellation Notices and Copies of Documents) Regulations1983 (SI 1983/1557).

 

Regulation 2 states:

 

 

2 Legibility of notices and copy documents and wording ofprescribed Forms

 

(1) The lettering in every notice in a Form prescribed by these Regulations and in every copy of an executed agreement, security instrument or other document referred to in the Act and delivered or sent to a debtor, hirer or surety under any provision of the Act shall, apart from any signature,be easily legible and of a colour which is readily distinguishable from the.

 

On the front of the agreement there is a box with words that are completely illegible, not slightly difficult to read.

 

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 ”wewill not charge interest” and the next labelling for the agreement is (1h). I would like to know if the claimant agrees that there are parts of the agreement missing ie 1F and 1G or the words “ we will not charge interest” are correct?

 

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.

 

 

On 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 Consumer Credit Act 1974 which states that the terms and conditions must be embodied in the four corners of the Agreement.

 

 

5. As described in no.4 the terms and conditions were not embodied in the Agreement therefore the Claimants chances of enforcement of the Agreement will be realistically challenged.

 

6. At no time has the Claimant proven a notice of assignment has been sent,merely an alleged copy. In the OFT guidance notes for business on the Consumer Credit Act section 2.12 it recommends retaining proof of postage.

 

7. As a LIP I was not conversant at the time with default notices

 

8. The amount £12,6 is different to the amount £12,2 which is what is listed in their alleged default notice.

 

 

 

9. 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.

 

 

 

10. 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 default notices.

 

I put the claimants to strict proof that the default notice was sent and delivered and no proof,such as post office proof of posting and delivery confirmation has been forthcoming.

 

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

 

 

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

 

 

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

Edited September 12, 2013 by citizenB
formatted

[citizenB]

AO has been alerted and will be with you as soon as possible.