Grrr Don't they ever give up. They have not let it drop and I have another date in September. This is getting right on my bits now. Haven't heard from Restons yet, what can they have that beats the DN failure.

MBNA are very crafty in their wording, have they offered you a partial settlement and promise to never bother you again? Post up your letter(s) if you can removing any identifying information, I remove the obvious name address reference number and also exact figures (just in case they are reading and trying to link you with the account). If they have offered a partial settlement they may well sell the rest of the debt to a DCA and you will get stung for the remainder later, the chance is they are just seeing if you can come up with the funds and if you can they will hassle you for it forever.

Comments referred to posts which have been removed:D Mr Happy, stephdavies now has her own thread I have linked it below.

There is lots of advice for you but you need to start your own thread, don't do anything until you get advice, start it in the MBNA section so you get someone who understands how they work. Good luck

Bump

I am in a situation where I need to submit my case to the court shortly, Do I go for the invalid DN now or try to get them to supply a valid CCA, I have sent the letter asking them to supply the details and they said they do not need to. I have a defence that I used last time thanks to Creditcardmug Is this still valid for this case Particulars of claim

This is a letter I received on Friday, my guess is it is a last attempt at damage limitation. There are only 2 days to go before the case is struck off, I guess it was left this late deliberately so I make a rushed decision to pay up with no time to get advice. Even if there is any foundation in their information or not it wouldn't do any harm to have a defence ready as I am sure this will be a common factor in the MBNA/Restons weapons store. Comments please PDF attached or available here restonsdl.pdf

Is there a way to cut the carp and tell them they don't have a valid DN, Restons lost their case for £21K last time, their case is doomed to failure can you please forget about me and crawl back under your stone.

When I did it the first time I asked for everything mentioned even though I didn't know what it meant, If you ask for everything and see what if anything you get back it doesn't do any harm having anything twice. With Restons you are likely to get a letter saying something on the lines "we do not respond to unsigned draft documents" keep it as a bit of extra ammunition in court if you need, it shows how helpful they are when you are trying your best to resolve the issue. If they have no DN then they can not take you to court. A little tip is to keep all correspondence and the envelopes make a note on the envelope when it was received and keep it with the document that arrived in it.

Just goes to show the power of CAG, the ones with CAG will (should) win their cases if DN in the same period, the ones without pretty much unlikely, CAG FTW.

Cool, well spotted, thanks for that, in the bag almost then, still lets get the CCA out of the way and I will locate the letter of assignment for your request, if there was one Docman. I am so glad I asked you guys, the smallest missed detail can mean a major difference in the case.

The Claimant is CL Finance Ltd this time not MBNA so I assume they are a DCA, proceeding through Howard Cohen and Co. solicitors. I will apply for the CCA from MBNA, its a bit late as the claim was issued on the 18th May but makes it more difficult for them to find on time, they can then choose to either dump the case or ask for more time/stay I guess, confirmation please.

Thanks to everyone who helped with my last case, MBNA are trying it again with my other (Last) card, I am a lot more wise and can deal with this better I just want some confirmation about the various bits and pieces. The default notice is Dated 7th April 2009, and the remedy date is 24/4/9, sent 2nd class as normal, they have started to get their act together by posting earlier in the week the 7th being a Tuesday. (b) in the case of second class mail, on the fourth working day after posting. Posted on the 7th so starting on the 8th, remedy before the 24th so up to the 23rd. Days that count in red. Just to work it out for the 14 clear days, 8th, 9th, 10th, sat, sun, 13th, 14th, 15th, 16th, 17th, 18th Sat, 19th Sun, 20th, 21st, 22nd, 23rd. To me this is 14 days, so I am pretty stuffed on that.

Just a side note. Will this debt be written off my credit report, I am not really bothered because I have gone off credit in a big way just would be preferable in case it effects other things.

The DN you have posted does not appear to be a default notice, it is labelled as a default sums notice, if it is there equivalent of a default notice then it complies with none of the requirements for a default notice and would be thrown out in court in the first 5 minutes, It was for me and they only got the dates wrong, having said that if they haven't sent you a default notice then they cant take you to court anyway, (bare in mind mine was for a credit card and I am not sure if the rules are different). Please wait for confirmation from the other cagers, I would risk the information I give for myself but prefer confirmation if its for others, all I can say is it worked for me and the people here saved me a £21,000 + debt. If you do have another DN then post it here and we can pull it to pieces. You seem to have a very level head on you despite what has/is happening, keep your chin up and the folks here will help you through it.

Well done, not a good couple of weeks for Restons. MBNA should change their partners in crime, then again not sure anyone else could work with MBNA's level of incompetence either. I feel sorry for the people without CAG behind them.

The cheaper ones in asda have smaller rolls (200 sheets I think)and very poor quality so need extra to save a smelly conclusion.

Just as an update, I sold the car to my mother in law, I then got a job and had a company car, at 1 stage I had 3 cars on the drive because I was having hire cars changed regularly about 45K worth of cars at 1 stage, the bailiff came and had a great time looking at my cars kicking the tyres, muttering and writing things down. As soon as I could I paid off the outstanding balance to the council and the bailiffs still kept coming, just for their fees this time £177, still pretending it was council tax. They kept coming leaving the standard letter that I have so many of I have half a rain forest in my filing cabinet. Got a letter the other day saying they will be handing it back to the council and they will do all sorts of nasty things to me. I am surprised they still try despite the fact they know I have paid the council off and it is their fees they are chasing. I am still trying to set up a direct debit with the council, it is difficult because I am not in often in the daytime and I cant set up direct debit if I owe them money, which I do because I cant pay very often in the daytime. I wonder if the bailiffs will still chase me for their fees when they hand the account back to the council all 0p of it.

She did look a bit concerned because it was not listed, I think my initial statement made her a bit more generous towards me. I think she knew I would have it in the appeal if it went the other way anyway.

Just to let you all know that I love you all. You have been a great help and motivation through these hard times, without you I would be £21,000+ worse off. Run down of the day in court. I got there at 11:00 for my 12:00 appointment (wanted a bit of time for my nerves to die down), at 13:30 we were called to the desk and asked if it would take 40 minutes, The barrister said he doesn't think so but not sure if my evidence would, I said I have a lot of evidence to go through so it is quite likely. The Judge said that she needed a break and something to eat so she put us off to 14:00. 14:05 we were called in, aggressive (pretty for an older lady) judge told us she had red through the evidence and there was not a valid defence, she also said to me that we cant go around drawing up credit card bills and expect to get rid of them through court, at this stage I stopped her and read an introduction I had prepared earlier. "I have attended a court before as a witness to a motoring accident, I was questioned by someone who used all sorts of tactics to get me to say something different to what I saw, that was not my case and I stood to lose nothing. Today's case directly affecting me is a different matter, I can not afford a solicitor to defend myself and I have no experience of court proceeding, I am a small fish up against the professional representatives of a multi million pound company, I am sure you have dealt with this situation before and I am sure you will take this into consideration when communicating with me, I am not familiar with the formalities of court but I am aware of the law and my only weakness may be the delivery of evidence" She was as nice as pie after this and explained everything as clear as she possibly could. I told her I do have a defence and started to read my initial defence statement. "Default notice There is a default notice attached to the evidence that has been supplied by Restons to the court {MBNA DEF 1}, this Default notice is invalid in the fact that there is insufficient time from date of issue to the remedy time. Restons realised this and made up a story through a witness statement from MBNA stating that the Default notice was created in error and that the remedy date was the 24th of August and not the 23rd{MBNA DEF 2}. The original default notice {Default notice} has been checked and it has a remedy date of the 23rd of August, this invalidates the default notice, Restons also state that the default was sent First Class Ordinary post when in fact it was sent second class {Default notice}, therefore even if the date mentioned on the falsely corrected default was true the default would still be invalid {Legal page 1}." Then "Accordingly the ‘default notice’ was invalid and failure of a default notice to be accurate invalidates the default notice [Woodchester Lease Management Services Ltd v Swain and Co - [2001] GCCR 2255] {Case Study 1} which would not only prevent the court enforcing any alleged debt, but would also give rise to a potential counter-claim for damages where damage occurs to my credit rating (Kpohraror v Woolwich Building Society - [1996] 4 All ER 119) {Case Study 2}" She asked to see the default and I gave her and the barrister a copy with a copy of the envelope to show it was second class, I then quoted S7 of the Interpretation Act 1978 advising her that weekend did not count and that using second class I had only 9 days to act. She worked it out in her head and had to agree, the poor barrister asked to have time to look into it and we left the room for him to get advice, he tried to contact his client but was unable too so we returned. The Judge ruled that the court be adjourned for 4 weeks to allow the claimant to investigate the document, at the end of these 4 weeks if they have not been contacted the case will be struck off. she was not interested in my other evidence as the DN was sufficient to make their case. I was ordered to make a new defence with all the evidence I have and supply it to the court and Restons within 2 weeks, this was because the default notice was not listed on my defence documentation, I was ordered to pay £150 to the barrister for his time because it was not listed, the judge advise me that had it been listed the case may not have reached court, I only found the DN yesterday so I had little chance to make them aware, still £150 is better than £21,000. I am not out of the woods yet but I cant see there being any comeback. I asked the barrister if I could pay for his fees with a credit card, a forced snigger was his reply. The Judge and the Barrister said I did very well, in fact I was a fumbling wreck, I advised the barrister that I would definitely take a solicitor even if I had to sell the kids next time because I was so nervous, he said I did very well and didn't need to, I said I would anyway just so he knows if he comes back he has an effective nervous wreck and a professional to contend with. But thanks for everyone who helped you are a life saver. BTW text in red was for reference to handouts I took.

Having found it im not sure what I should be printing

Thanks again I think I have found it, if anyone else needs it the link is here.

Thank you, I have googled that and it brings up telecoms stuff and a blank form where can i find it.

It does have the bold and underlined text. Issue date was the 8th August remedy date the 23rd August, sent second class, including a weekend so effectivly 9 days to remedy. if maths serves me well.

I have found the DN, had to totally destroy my office to find it, it is invalid as per my previous post.