Good CM - Fight them with every tool in the shed. They will allow you no leeway whatsoever. Follow the advice of that great strategist Von Clausewitz - Attack is the best form of defence!

If they get the SJ they will then go for a Charging Order on your property. MBNA do not seem to sell on the debt when you have a mortgage or some other assets they can go for. So make sure you are well prepared!

IDAH I think it is Red Triangle time to get a site members opinion or perhaps a PM to one of the more experienced Caggers who has been assisting. Someone who has been through the system a few times is most likely to help you here.

Thanks FG - Duely noted.

Thanks FG and CM Just to clarify: No problem to send my costs to the opposition 48 hours pre-hearing. But do I also send them to the Court at the same time? Or is it OK to take them along on the day with the proof they have been sent to the opposition? Of course if costs are awarded there will be at least half donated to CAG as without this site I would, by now, be well trodden into the ground by the debt collection industry.

Many thanks IDAH, I will get my costs ready and send to the opposition a week before the hearing by Recorded mail and take a copy to the Court. Also I greatly appreciate the offer of assistance with the printing. Another Cagger has already donated their copies of the few remaining bits of Case Law that I do not yet have copies of - I am deeply indebted to her for this. My antique sytem can probably cope now with the odds and ends I need to print off now just to tidy things up. Also my thanks to squidward for your best wishes. At the moment my time on the Forum is limited but I am following your thread. If you need anything just shout! Trusting all goes well with your fight.

Thanks pt. I think I have already discovered how soporific this case is! An ideal solution to insomnia - they should prescribe it on the NHS. I think the precis I have should be sufficient for my purposes as I really only mention the case in passing.

Thanks for looking in FG - appreciated as always:) I do have one question: Do I need to have my costs ready for the SJ hearing? And do I send a copy to the opposition? I have seen a few threads where the defendants have submitted or received costs before a hearing.

Thanks Dad. That probably explains why I have only been able to find references to this in my searches. I have found a summary of what seem to be the salient points on a legal web site whilst trawling through the ether on the Internet. If anyone else has any links to summaries of this case I would greatly appreciate details.

CM - Thanks for your message. At the moment I am busy collating all the information I am going to need or think I may need. Just getting the WS together with exhibits and paginated etc. has taken hours to do. Printing off the case law I am going to use/quote is also being a challenge with a temperamental printer, ink that costs a fortune and a forest of paper. I am probably about half way through all this - waiting for my benefit to come through so I can refill my ink cartridges!! In between this I have hospital appointments - I am awaiting the final appointment now for major abdominal surgery so have been going for tests and assessments. Of course the benefit people also take up time! Fortunately I still have a couple of weeks to get all done and dusted - though I may need to hire a fork lift truck to carry all the paper I have printed off!! This is why I have not been too active on the Forum recently though I am keeping my eye on your thread and a few others as well. You seem to be in good hands and well on top of everything. Other than Fluffy's thread there are have been a few alarming results in court with very prejudiced judges about so I am trying to ensure I do not fall flat on my face through any lack of preparation.

Can anyone provide a link to this case? It is widely quoted on CAG but cannot locate it in the Case Law section. Google gives thousands of links but none to the particular case itself. Apologies if it is just me having a 'senior' moment but its 'doing my head in' being unable to locate it.

Hi LB, Just got home to read your news fully. You must have been devastated to have such a prejudiced judge. The lottery strikes again! You seem to be getting sound help and advice. Whatever your decisions are you will get help on here. Hopefully it will not be too difficult for you to decide what to do.

Hi Dizzie, Can't read the documents you have put up but I am presuming this is the usual Reston modus operandi - Application for a Summary Judgement? I have just spent a few days polishing my response to this off. Still collating and printing off my exhibits. But I'm away this weekend - suggest you have a look at my thread where you will see my WS in response.

Hi LB - Unfortunately I am not available here for very long as I have to travel to visit a sick relative in hospital in Bedford which is a fair haul from where I am. So tonight I am not of much use and I will not be back home until Sunday evening. Hit the red triangle for some site team assistance in countering their WS. (Bottom left of each post - it says report post) I will be thinking of you tomorrow and wish you all the best. Good luck.

Agree with most of SG's points. However the SAR is going to take 40 days as most do not provide this information until the last possible moment. Who knows where you will be 40 days down the line! With any luck this will be done and dusted by then - but if not you will expect everything the original creditor has on you through the SAR.

Morning LB. If they have only just supplied their WS then I would point this out if yours being late/amended is commented upon. So note the date received by you! Read their WS very carefully as you are going to have to counter their arguments with you own. If you have time scan it up for some last minute pointers. Good luck for tomorrow.

DD is correct - I misread the date on the DN. I must be as blind as a bat as I read it as 29th to remedy - when it is the 26th. Salvation is to hand if sent 2nd Class so the OP seems to have good grounds for contesting the claim after all.

Good morning CM - made a couple of minor alterations to your missive in red. As you have submitted your defence then do send a copy to the Court with a covering letter as it shows the Claimant is deliberately frustrating you. All extra ammunition that will show them in a very poor light in the eyes of even the most jaundiced judge. You are showing them as being totally unreasonable and obstructive.

If you have not done so a SAR may be in order to the original creditor. This will reveal everything they hold on you - so if an agreement exists this should then surface. A SAR will cost you £10 and IMHO is always worth it as it can prevent nasty surprises further down the line or give you invaluable ammunition against the crew who are suing you.

Not bad:). Welcome to CAG and us fellow sufferers. I cannot see any major problems with what you have drafted. But, wait as long as reasonable, to see if you get any further comments. I suspect you should be able to go for a strike out in respect of no supporting documentation being supplied particularly as the Claimant has had an extra 28 days to do so. They are not supposed to issue proceedings unless they have supporting documentation - so, surely, this is an abuse of process? I am no expert so I am sure someone with more expertise than me will comment and advise. Good luck.

CM - just popping in for a quick look. You seem to have got well on top of things and have generated a lot of expert attention to your thread. Fluffystuff's success today shows that it can be done - she has won the first part of her battle:-) - so there is hope for us all!!

Unfortunately I have to agree about the DN - if sent second Class it would have been served within time so there is no salvation here. The question is are there problems with the Application form/Contract and is there enough there to make a decent fight of it? If the two parts shown are the same document then one can only argue using fairly minor points. At the moment I do not have the time to examine this closely to find the flaws here. Have a look at the first part of my WS and see how many of the arguments/points I have raised apply to your form. Regretably the DN arguments are useless to you unless there are flaws with the amounts claimed or the format of the document. You will need someone with more expertise than me to check this. Have a look at post 236: http://www.consumeractiongroup.co.uk/forum/legal-issues/254011-wycombe-restons-mbna-12.html

Excellent stuff Fluffy - a most enjoyable read. Should bring a lot of smiles to cagers faces!

Well done Fluffy - Great news:-)

I had a problem with Lloyds regarding unfair Set Off To my amazement they actually agreed with my complaint and credited my bank account with all the money they had seized from it and sent me a cheque for £50. To be honest it was a hollow victory! At the moment I have a payment plan in place for the CC and Overdraft I had with them. My main concern is an MBNA problem but I fully expect Lloyds to become nasty again at some future point - hence my interest in your thread.