MBNA/Restons claimform - old A+L Card **WON+COSTS**

[bazaar]

Well, restons are being ass**es, they are going to look pretty damn stupid in front of the judge coz youve got a payment plan. Poor them.

Now you need to push back and get them to reveal the IP address for you when you supposedly 'ticked' that box.

You'll also need to know where Little john was when he 'executed' your agreement.

My point here is that if they want to try and prove you ticked the box, then make them prove that jonny boy ticked his and from what computer location??

Theyve given you a hard time, so you can give em a little kick back.

Keep the payment plan up your sleeve for now:-D

[supasnooper]

The problem is that MBNA want their money fast and have ordered Restons to get it.

 

Restons go after a CCJ, they get that, then pursue for a charging order to secure the debt immediately................that's the way they work !

 

You can try and negotiate with them but i doubt you'll get anywhere.

 

you must fight this, cos if you don't, they'll do what I've stated in paragraph 2 of this post.

 

bazaar has posted some excellent advice and read some of the threads I've posted.

 

It's showtime for the game of who blinks first, is it you or is it Restons ?

 

I would back you......what they have sent is photo-copied drivel that could be destroyed in two minutes.

 

When they apply for Summary Judgment they will clearly state that it will be a copy that they rely on.

 

You could crucify them with CPR 16.7(3) then decimate them with Civil Evidence Act 1995.

 

Start to believe you have the power to take them on, they have done what they have intended which is to frighten you into submission....Now dust yourself down, deep breath and fight back !

Edited February 11, 2009 by supasnooper
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[fairbyblue]

The problem is that MBNA want their money fast and have ordered Restons to get it.

 

Restons go after a CCJ, they get that, then pursue for a charging order to secure the debt immediately................that's the way they work !

 

You can try and negotiate with them but i doubt you'll get anywhere.

 

you must fight this, cos if you don't, they'll do what I've stated in paragraph 2 of this post.

 

bazaar has posted some excellent advice and read some of the threads I've posted.

 

It's showtime for the game of who blinks first, is it you or is it Restons ?

 

I would back you......what they have sent is photo-copied drivel that could be destroyed in two minutes.

 

When they apply for Summary Judgment they will clearly state that it will be a copy that they rely on.

 

You could crucify them with CPR 16.7(3) then decimate them with Civil Evidence Act 1995.

 

Start to believe you have the power to take them on, they have done what they have intended which is to frighten you into submission....Now dust yourself down, deep breath and fight back !

 

I aint blinking !!!!! When they apply for summary judgement and rely on copies does it get thrown out?

 

Basically what do i do know?

1 acknowledge docs to restons

2 say nothing and wait for court to contact me

3 or write to mbna to get reston of my back

 

What do i do now? Youre such a help. cheers

[supasnooper]

No it doesn't get thrown out.

 

Restons go this route as it's cheaper at £50 cost than paying £100 for a Pre-trial checklist (listing questionnaire) fee and they get to see if you can defend against Summary Judgment before going to a full trial.

 

If you can defend against an SJ they may well discontinue as you've shown them you have the capability

[fairbyblue]

No it doesn't get thrown out.

 

Restons go this route as it's cheaper at £50 cost than paying £100 for a Pre-trial checklist (listing questionnaire) fee and they get to see if you can defend against Summary Judgment before going to a full trial.

 

If you can defend against an SJ they may well discontinue as you've shown them you have the capability

 

So do i sit tight and not ackowledge the docs they sent and wait for summary judgement and defend that? and rely on photocopies to get it thrown out. Sorry about this but i am really worried

[supasnooper]

I can imagine you are worried and we are trying to give you the ammunition to fight back.

 

Unfortunately, we can't be in court for you as you'll have to do the hardest part of the lot- explain to a judge what you've learnt from CAG but you are doing great so far !

 

Now evaluate what Restons have sent you - they are clearly microfiche scans which look like they would not match up if printed off (I'll check that tomorrow), a default notice that may contain penalty charges but you'll have to confirm that, finally an invite to withdraw your defence (why? to make it easy for them).

 

You have four choices here -

 

1/ You can withdraw your defence and let Restons gain a CCJ by default.

 

2/ You could apply for Sumamry Judgment against Restons but would cost you £50 and would probably end up with both SJ's getting thrown out....but do some research on this option and bear it in mind.

 

3/ You can sit tight and wait for Restons to go for Summary Judgment (which they will do being creatures of habit) and then defend it.

 

4/ You could try and negotiate with them but I doubt they'd listen to you - they would take it as a sign of weakness and pursue the CCJ route.

 

I'll leave this with you for the moment and let you try to take in what's gone on today as I think that it's come as a big shock to you. Hopefully, try to get a good nights sleep and revisit this tomorrow.

 

Don't forget, We are all behind you here and want you to get the result you want.

[fairbyblue]

Thanks for that you've been great. I think at the moment im sitting tight and await restons to go for summary judgement and defend that, dunno on what grounds but we'll see what future holds.

you're a star.

[cadencealex]

I agree with Supasnooper.

 

If the choice is you will gain a CCJ by default, and you could lose in Court and gain a CCJ anyways.

 

 

I would go to Court, and at least try and fight them

 

Good luck

[angel_1]

hiya fairyblue

 

wishing you much luck, i can see what restons are about im so sorry that you having such a bad deal,

 

im following your thread with much interest as my

 

alliance and leicester is gaining momentum thread now

 

ive got similar like ive said and yes questioning the authencity of what they have provided is an eye opener

 

so thanks to all who have posted so far im gained so much knowledge, and hopefully you have too so keep positive it looks like you are in real safe hands,

 

take care for now angel x

[supasnooper]

This must be the 5th short or holding defence that has resulted in the OC or DCA applying to court for summary judgement that I have seen in this forum.

 

 

This is the method that Restons use.

 

Even submitting the eloquent and effective long defence as I did (Restons even wrote to tell me as much ) - same result, off they went for summary judgment.

 

If they get a CCJ they then move for a Charging Order.

[fairbyblue]

This is the method that Restons use.

 

Even submitting the eloquent and effective long defence as I did (Restons even wrote to tell me as much ) - same result, off they went for summary judgment.

 

If they get a CCJ they then move for a Charging Order.

 

and can they then force house sale? even if i make payments? cos thats what im worried about:(

[supasnooper]

and can they then force house sale? even if i make payments? cos thats what im worried about:(

 

 

In theory, yes they could force a sale but it would need to be allowed by a judge.

In todays economic climate, judges have been advised to help those who may face the risk of this happening, and would therefore set an order that the claimant could not sell the property.

 

At the moment you are nowhere near that scenario. Let's concentrate on the defence for now

 

 

Ok, just printed off the agreement paperwork and none of it fits back to front properly.

 

If the account number is unrecognisable or not yours; and you can prove this (produce a statement with what you believe is your account number) then how can the agreement relate to you ? A cut and paste job possibly by MBNA ? - they have allegedly done this before.

 

Also, do some research into bazaars sugestion of IP addresses and IP locations.

 

There are a few more things I need to look at but will get back later

[angel_1]

hiya everyone

 

just popped in for a while, thanks for everyone posting its helping me too

 

keep positive fairyblue

 

laters angel x:smile:

[fairbyblue]

Thanks everyone for the help and encouragemnt. The CCA they sent me defo just looks like its been cobbled together. and that number on the top doesnt even come close to mine !!!! cheers

[supasnooper]

Thanks everyone for the help and encouragemnt. The CCA they sent me defo just looks like its been cobbled together. and that number on the top doesnt even come close to mine !!!! cheers

 

 

A Brilliant find.

 

Hope that's just the start of what else we can uncover.

[pompeyfaith]

subbing

[supasnooper]

Fairby,

 

CAn you take a close look at the page which has the unrecognised account number.

 

Inspect the area where the account number has been positioned.

 

Is there a shade or shadow around the area of the a\c number ?

 

Is the font\text type of the account number the same as the rest of the document ?

 

Does the position of text of the number seem to be incorrect in relation to the document ?

Use a good engineers steel ruler to ascertain this or if you have Adobe photoshop measure the text size and position in relation to the bulk of the document.

[fairbyblue]

Fairby,

 

CAn you take a close look at the page which has the unrecognised account number.

 

Inspect the area where the account number has been positioned.

 

Is there a shade or shadow around the area of the a\c number ?

 

Is the font\text type of the account number the same as the rest of the document ?

 

Does the position of text of the number seem to be incorrect in relation to the document ?

Use a good engineers steel ruler to ascertain this or if you have Adobe photoshop measure the text size and position in relation to the bulk of the document.

 

Cant see a line but there is a blank area to top of page about 2½ inches wide and this number plonked in there in different font. I certainly did not 'tick' that document with that number on. no logos and it would not of looked like that on the internet. see post 103.

My name and addres is all on one line sort of squeezed in. The position of text seem to be incorrect.

[supasnooper]

Hi Fairby,

 

I've not seen many online agreements, so I wouldn't consider myself a good judge of an original agreement. You may have to wait for someone who has that knowledge to offer an opinion on it's validty.

 

I would have thought though that the same font would have to be used throughout the document and of a scale that is relative to the rest of the text.

 

Having looked at the 1st page of the scan again; the document does appear to be of rather odd construction. especially where the account number and your personal details are placed.

 

 

I think you'll have no problems explaining the serious misgivings in the document that Restons have produced for a CCA to dismiss the Summary Judgment application.

 

Maybe worth a search through the forum for a valid online agreement for you to compare ?

[angel_1]

hiya all

 

im actually awiating on my sars stuff so i will let you know asap i get anything, we can then compare our cca copies and see what i get back

 

keep positive

 

laters angel x

[fairbyblue]

sorry to be twitcy but can they force me to sell my house? I am down at the moment and this is really doing my head in. i am paying the agreed amount.

I thibk i will wait for summary judgement and then defend it.

 

surely a non secured credit card cant end up with me being homeless.help:(

[DocH]

A very remote prospect at this stage. First they've got to get a CCJ, and that at this stage is certainly not a given. If, by some mis-chance they do get a CCJ to pay by installments, then you must have defaulted on those installments before the claimant can seek a Charging Order. Even if a Charging Order is granted, you would again need to be in default of installments before they could go for a forced sale.

 

A couple of things to keep at the back of your mind. If a CCJ is issued with a Forthwith judgement, get a redetermination hearing asap to change it to an installments order. If it ever gets to a Charging Order then you can ask the judge to order that no forced sale be allowed whilst you continue to pay your installments.

 

Both a Charging Order hearing and a Forced Sale hearing can be successfully defended. There is a whole raft of information a judge must take into account before agreeing to a forced sale. Take a look at this fact sheet, I think it will help to ease your worry, it's a long read but worthwhile:

 

National Debtline England & Wales | Debt Advice | Factsheet 15 Charging Orders In The County Court

[angel_1]

hiya all

 

and just wanted to add to you fairyblue, i actually rang today nationaldebtline about a few of my stuff and if you havent been on their site it has a lot of useful factsheets and such just like DocH has given in their post,,,thanks Doch

 

i only mentioned that id written a letter advising them to contact by written communication as my hubby sleeps at night etc, and im still getting calls, they were quoting the harrassement laws etc to me and to keep records of the calls and to quote back the oft collection guidelines, and if they didnt keep to it told me to complain to fos and oft tooo

 

i got the impression they were really trying to get the messsage out to people not to be intimidated by these creditors trying to get more out of you than you can afford. (mind you i did tell her that i was self learning as much as possbile and i totally understand what she was saying( already cag has told me as much

 

but im getting lots of info in the post and they do answer queries by email though it was down today,

 

sometimes its about believing that you are doing everything correctly and the bully tactics sometimes get us to doubt ourselves, i know this of myself, but i get back here and im so much more reassured

 

take care and keep positive

 

there are always ways to defend yourself - remember that always

 

laters angel x

[angel_1]

fairyblue and anyone else with mbna agreements

 

pls take a look at underdog thread link below talking with a solicitor on monday maybe the thread may help you - just a thought

 

http://www.consumeractiongroup.co.uk/forum/mbna/172769-mbna-agreement-now-threat.html

 

did tell underdog would let anyone know with mbna problems

 

cheers laters angel x

[fairbyblue]

I hope this is of interest that I can use as Ammo, in post 15 is my default notice refering to Clause 8 of CCA that i agreed to enter into.

on last page of doc in post 103 it say click on link on top of page for t and c, I obviously cant click on it as they sent paper copy of sections 1 to 3 and more importantley the doc they have sent me there is no printed clickable link saying t and c unless they have covered it with that unrecognisable account number so therefore they must of 'edited' it, ann there is defo nothing on the page they say it should be ie the page where jonathon back ticked his box !!!!!!

Thats got to help, hasnt it.

Edited February 15, 2009 by fairbyblue