Mitzbag vs MBNA

[pudsters14]

BUMP PLEASE.... If we use the following approach to fill in the AQ my friend has just rcvd is that ok?ThanxPudst x x x x

[steven4064]

I looked at it quickly, you seem to have it in hand. What draft directions are you attaching?

[pudsters14]

I was going to use mine, will copy and paste nw ThanxPudst x x x x x

[mitzbag]

In the ************* County Court

Claim number **********

 

 

 

Between

 

************* - Claimant

 

and

 

xxxxxxxxxx - Defendant

 

 

 

Draft Order for Directions

The Claimant shall within 14 days of service of this order send to the Defendant and to the Court:

 

1. Copies of the Credit Agreement and any documents referred to within it which complies with the Consumer Credit Act 1974 and all subsequent regulations, which the claimant seeks to rely upon.

2. Any terms and conditions that applied to the account at the time of default and at the time the account was opened.

3. Default Notice compliant with s87 (1) Consumer Credit Act 1974 and Consumer Credit (Enforcement, Default and Termination Notices) Regulations 1983 (SI 1983/1561) as amended.

4. Document, contract or deed of assignment.

5. Notice of assignment, with proof of service of the same compliant with s196 of the Law of Property Act 1925.

6. Transcriptions of all telephone conversations recorded and any notes made in relation to telephone conversations by your company, or by any previous creditor.

7. Where there has been any event in my account history over this period which has required manual intervention by any person, I require disclosure of any indication or notes which have either caused or resulted in that manual intervention, or other evidence of that manual intervention in relation to my account formerly held with MBNA.

8. Documents relating to any insurance added to the account, including the insurance contract and terms and conditions, date it was added and deleted.

9. Details of any collection charge added to the account; specifically, the date it was levied, the amount of the charge, a detailed financial breakdown of how the charge was calculated, and what the charge covers.

10. A genuine copy of any notice of fair use of my data as required by the Data Protection Act 1998.

11. Specific details of the fees/charges levied by any other agency in respect of this account and a detailed breakdown of said fees/charges and what each charge relates to and on what date said fees/charges were levied.

12. A list of third party agencies to whom you have disclosed my personal data and a summary of the nature of the information you have disclosed.

12. Copies of any statement for the entire duration of the credit agreement or any other document relied upon.

If the Claimant fails to comply with this order, the claim will be struck out without further order.

 

The Defendant shall within 14 days thereafter file and serve the following:

 

1. An amended defence sufficiently particularised in response to the documents supplied by the claimant

If the Defendant fails to comply with this order, the Defence will be struck out without further order.

 

 

 

 

 

Plus I will also add in section G that I have enclosed a copy of my original CPR request anda copy of proof of postage

 

How does that all look?

 

If it's all ok, will get it printed now ready to take to court 2mrw!

 

Thanks again for everyones help and advice... couldn't have done it without you!

[pudsters14]

Hya mitzbag has put on due to my line spaces nt working... what do u think?Pudst x x x x x

[steven4064]

Draft directions look OK