Thanks for that, that means my DN is invalid, is that a win or do I need to find more evidence and dirt to stick to them, I obviously will be looking for more dirt but my head is really pounding.

What happens if a DN was not valid, for example dated on the 8th August, and action date is the 23rd of August. Rsetons sent out a copy of the DN dated the 8th August and action date as the 23rd to the court in their court bundle. Then Restons sent out a witness statement from MBNA stating that in fact it was an error and the Date would have been from the 8th August to the 24th in the original DN. Then the Original DN turned up and was dated from the 8th of August to the 23rd of August and sent second class not 1st class as stated in their court bundle. Would this prove that MBNA and therefore Restons can not be trusted to supply accurate (and legal) information. Does an invalid DN mean that the court case can not continue, does it mean that there is no further legal manners to deal with my case and that it will be lost in the depths of the MBNA/Restons vaults, or does it mean they need to issue another default and start the process again. MBNA were under the impression that the dafault date needs to be 16 days after the date of issue to allow for the 2 days postage, or can it be confirmed that the weekends do not count, either way according to MBNA the correct actual date is not valid in their eyes and that is why they ammended it.

If I ask to see the original CCA and they produce it am I then stuffed, If they are printed both sides of the paper. I am starting to feel a little less confident now.

I am not sure what it says in clause 3 it is very difficult to read, I can read "within 26 days" with difficulty but the rest is non legible. Please ask any questions you want again, my head has a lot to take in at the moment. Can I just plead total confusion over the DN, one minute its a copy of the original, next its like the original and now its nothing like the original but the dates would have been correct if it was the original.

Bump please. Could someone also advise me how to go about exposing the default notice, first of all me not having (knowingly) received one, secondly a copy of a dn similar being shown as evidence and then at a later date (4 days before court date) admitting the other was wrong and this new amended one is quite likely to be similar to the one they sent out.

Just to confirm what is invalid about my CCA from MBNA, a copy is attached here. what is my best way to use this to my advantage?

Should I Google these or are or there links from the site, been looking but cant find.

I have received a letter stating all the charges for the hearing £1130. I am going to spend the weekend preparing for the case so if anyone has any ideas to help me please add them if you come on.

This is one of the arguments I was going to use at my court case on Monday, I was going to post here asking why there are specific terms/requirements for the CCA, when the terms are not adhered too it can be over looked. Is it there to protect the consumer or for some other reason?

Well its getting close to the court date and I have just received a witness statement from MBNA saying that the default notice before was wrong but a correct notice would probably have been sent allowing for the required 14 days, (This sounds familiar, I remember reading it in another thread). I thought that witness statements had to be served 7 days before the court hearing in which case is it posssible to have it dismissed, 4 days to go not that im botherd it seems to just highlight their imcompetance. I am also thinking of getting a solicitor to attend with me, I think they may be able to put my case over better than me, after all its for £21,000 so an extra few hundred (guessing cost) would be worth it. Any pointers what to say, what not to say would be appreciated, I dont want to lie so cant say I didnt run up the debt but how I can avoid that bit and get onto the law part.

Bump please this needs to go off soon

Is this the sort of thing I should be adding as the background. Any suggestions of additions or amendments.

Nope don't buy your own sheep and keep it in the bathroom an even better idea. Toilet rolls cost about £4 at Asda and other stores for a 12 pack, you can buy a 10 pack of recycled rolls at Lidle for £1.39, they are smaller but just as thick and have just as many sheets as the leading brands, you get used to the smaller sheets going back to the popular rolls seems a waste. Not only are you saving cash but with smaller sheets and recycled you are saving the environment.

What an amazing statement, it has absolutely everything in it and even makes sense to me, you are so kind helping me, it really is appreciated. The background bit, is that where I add the CCCA bit about paying debt with credit, MBNA calling me up to 3 times a day, does it matter if that part sound different to the rest of the statement.

Bump please. Its getting close now and I have no idea what im doing or what I need to put, what is my defence, what should I be saying in the witness statement.

I am happy to put in my own words, all I basically wanted to know was what to add where for my case. for example do I need to mention consumer credit agreement information, should i enclose copies of printed information about it, perhaps stating that Restons rely on the CCA which they have failed to produce instead supplying a priority credit application, do I mention that the CCCS told me that they were not allowed to encourage me to take out more credit to pay my debt and MBNA passed my details (with my consent) to Loans direct, is character assasination an aid to my defence. what else should be added to my statement, if you could just show a layout and what is and is not a good idea to add to my statement. My money problems are over now and finding cash for letters and other stuff is not a problem, I just want to stuff the vultures, still cant pay the £21K but can afford to live.

There isn't a sheet marked witness statement, just the application notice, "An order for summary judgement against the defendant under part 24.2 of the civil procedures rules. the defendant does not have a realistic prospect of successfully defending the claim." plus on the back, what information will you be relying on, in support of your application? "See attached sheet" The attached sheet has the information I posted earlier.

I guess not then. Would it be worth me getting a solicitor to do it for me, there is a lot of money involved here and I don't feel confident to get everything right, My experience with solicitors is they want to get a result and not push for what is best for their clients. would they have to pay for my solicitor fees if I win.

Thanks, I have read the post, most of it anyway, its doing my head trying to understand what I should be putting, there seems to be reference to just about everything, all cross referencing lots of other things. I am not sure I can do it and make any sense of it, is there a draft statement I can copy and add/amend bits.

any help with my witness statement would be appreciated, im not sure what it involves.

The claimants application will take place on the 18th of May. Restons say that if I issue a witness statement that I must send them a copy 7 days before the date, is that correct.

8 August 2008

Thanks for your help so far it gives me hope. A copy of my DN as supplied by Restons attached. mbna dn.pdf

The problem is a lot of my post goes to a similar address in a nearby village so one may have been sent, they used to bring it round to me but just return it to sender now because it happens so often, my POP box was cosed because of this and it took me 4 weeks to have it reinstated. I have read somewhere that court legal papers are deemed delivered 2 days after despatch even if received or not, not sure if this is the same with the dn.

I still haven't seen the dn, so no envelope.