Polite bump Good morning all. The AQ is due in today ( I will deliever it by hand this afternoon ) but there is still time for me to include/exclude anything you guys might suggest. Also, anyone willing to take a look at my draft response to Rectums ?

Hi CB. Thanks for your encouragement. I'm currently working on the AQ (N149, not N150 ) which is mostly ticking 'Yes' or 'No' boxes. I'm currently at Section G - Other Information and I'm thinking that I should be writing volumes about the flawed Default Notice etc. but I'm also wondering if this is strictly necessary or advantageous ? If it is, then I'm happy stating the DN arguments, however, I've been searching for a thread from which I could extract an appropriate wording about Rectums only providing a reconstituted copy of the Agreement. ( I still don't know if that means they have complied with my CPR31.14 request or not ? ) Can someone please see take another look at Rectums' recent letter and suggest a wording to include in the AQ about the Agreement, or point me in the right direction? Once the AQ is out of the way, I can start to re-write my reponse to Rectums. Thanks. D in D x

Sounds like a plan to me, BRW. Thanks yet again. D i D x

Hello again CB, Diddy and BRW. Huge thanks to each of you for taking the time to look at my case in such detail. I'm sure that lots of other newbie Caggers will also benefit from your sage words. You have given me a huge amount to read and take in, but my first-reading conclusions are that, for variety of reasons, Rectum's claims are flawed and they are trying to intimidate me into withdrawing my Defence. I imagine that most of the information you have provided will be invaluable when it comes to defending a Summary Judgment application (should they be foolhardy enough to proceed with one). Therefore, given that the AQ is due in court on Monday and I only have limited time available this weekend, then I think I should take this one step at a time. Therefore, between now and Monday morning (most probably tomorrow) I propose: 1. Completing the N149 ( which appears straight forward - Any suggestions welcome ) 2. Re-drafting the letter I propose sending to Rectums. I will inform them that I am confident their client cannot substantiate or succeed in its claims against me . I will warn of the costs consequences and invite them to discontinue their claim. ( If anyone is willing to consider my letter before I send it to Rectums, then please let me know and I will send it to you in a PM so as not to risk giving the game away and spoiling the surprise ) If I have got my priorities wrong, please let me know so that I don't misuse what little time remains. Thanks again. D in D x

PDF attached, hope this is okay Restons 21st April 2010.pdf

Apologies again for the delay hopefully here it is in a readable format. Need to do the A.Q. over the week-end so would appreciate any comments/suggestions for that and also on Reston's latest letter. Many thanks for your continued help and support D in D x

Sorry Guys. One or two techncal glitches at the moment. Working on them and expect to have it on-line for your consideration soon. In the meantime, thanks for your patience. D in D x

Hi Guys. So as not to confuse you any further, I thought it might be useful for you to see Restons' last letter. ( hopefully, it will upload into here ). So far we have only discussed the DN postal service issues, but I'm sure you experienced Caggers will find something else that can be used as ammunition in the fight. As always, your comments and suggestions would be much appreciated. Thanks again. D in D. x

Hi CB. Good to hear from you again. I've checked the calendar and 4th December was a friday. I know that the DN was sent via UK mail ( I have the envelope ) but what I meant to say was, how can I prove to a Judge that first class UK mail isn't the same as first class Royal Mail for the purposes of service?

Thanks Diddy, but how can I disprove their claim that the DN was issued and posted 1st class on the same day, i.e. Friday ?

Hello BRW, and thanks again for your help. I thought that I didn't sleep much, but you make me feel lazy. Being an inexperienced newbie it is quite hard for me to get a clear grasp of the issues, statutes and strategies employed and, as I've said before, the more I read the more confused I seem to become. Anyway, I think I understand the principle of what you have told me, if not all of the detail. (looks like more late night research will follow) Anyway, bearing your comments in mind, I have drafted a letter to Rectums that I would like to send you in a PM for your comments. Would that be OK ? ( I don't really want to post it here in case the Trolls are patrolling ). Cheers, D in D x

Oh, BRW That sounds like music to my ears. Thanks again. I noted your suggestion about writing to Rectums asking them to provide proof of first class posting ( presumably before they proceed with an application for Summary Judgment) Do you think I should include my offer to pay the arrears amount in full and final settlement in the same letter ? Cheers, DiD x DiD x

Thanks, Banker and and thanks again Dotty. Yes, the reverse side has MBNA's return address on it, but unfortunately, there doesn't appear to be a posting date on the envelope. What do you think about my idea of writing to Rectums ? Or do you have an alternative idea ? DiD. x

Thanks, Dotty. I tried phoning UK mail but they were less than helpful, or maybe the person I spoke with just didn't know the answer. Vint, if you're looking in then perhaps you would be kind enough to give the definitive word ?

Thanks for looking-in Geofrey. Yes, there is a large 'S' on the UK mail frank, which I am led to believe means 2nd Class. However, I am not sufficiently knowledgeable in such matters so I cannot swear that it means 2nd Class. That's is why I am asking someone to clarify it for me so that I can swear an affidavit if necessary. DiD