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

[fairbyblue]

Phoned court today and and its stayed. So they have to re enter and expalin to judge why the delay. They have total disregard to time scales whereas if i miss one they would be on me like a shot.!!!

[angel_1]

hiya FB

 

i know you might be feeling low but listen if nothing else its still another point to you, a mere litigant in person has followed the court directives and yet they in their power suits cant follow from a to b,,,,,

 

it will be noted by the court but make sure you refer to this in your defence and that im sure there must be some argument you can put forward for abuse of power by them or something ,,,, cant remeber the full wording im sure the legal people will rephrase it more correctly and i do stand corrected if ive got something totally wrong

 

keep positive

 

laters angel x

[fairbyblue]

Phoned northampton court today to see where we upto and they said that its has now been transfered to local court on 18/2/09. I have sent letter to Restons to acknoweldge documents they have sent but pointed out time limits and arrangements already inplace with MBNA, and i want confirmation of agreement in place.

Also looking through bundle of stiff they sent on 10th there are full terms and conditions in there (hidden in middle of statement bundle) not just sections 1 to 3 with no clickable link.

The funny thing is though its not the same !!!!!!

I've now 2 sets of Sections 1, 2, and 3 all the wording is different so I have 2 conflicting agreemnts, one with APR of 16.9% and the other with APR of 27.6%. The charges are all different the first one is £30 for late fees and letters and the other one is £12, the examples of minimum payment are all different so I can honestly say they have STILLnot sent the correct documents and they have now transfered it to local court and pressing ahead !!!

I did say in the letter that I wont be withdrawing my defence !!!

[creditcardmug]

You should be getting an Allocation Questionaire from your local court soon.

 

You need to complete this carefully, in it you will direct the court to order them to file and serve copies of the original documents they will be relying on at the hearing....so ignore all this stuff they have sent so far, because you cant be sure which if any of it they will be relying on IMO.

[fairbyblue]

CCmug, Thanks for that, theres so many discrepencies in the docs they sent me, i'll await to see what they submit to court after i fild the questionaaaire. Is this for a defence of the summary judgment that they are threatening me with?

[creditcardmug]

Have they actually filed a Application Notice for summary judgement yet? sorry i dont want to go back thro the lengthy thread.

[fairbyblue]

Dunno, they have said they will and the case has gone to local court but as yet to hear anyhting, it went yesterday, northampton cc said if i havent heard anything, phone local court on monday.

[creditcardmug]

Well then they haven't, or you would have heard by now, wait for something from your local court, phone monday if you wish, get back to me/us as soon as you get anything from the court, as this is an important stage in the proceedings.

 

Please dont lose any sleep over this, they wouldn't be begging you to withdraw your defence if they thought their case had any merit (i know its easy to say)

[chrisdude60]

Hi Guys,

 

just let me add my support and wish you luck with this case. I#ve been following it intently as I'm at pretty much the same point with MBNA/Restons as you. I can't find as much wrong with my agreement as you though, your welcome to look and comment if you like.

 

http://www.consumeractiongroup.co.uk/forum/mbna/177788-mbna-restons-chrisdude60-cca.html

 

I'll keep you posted on any tactics they use on me

[fairbyblue]

CCMug, you a star. Cheers

[angel_1]

hiya FB

 

hope the week ends on a high and just passing by to say hiya

 

also to say thanks to DocH thanks for the tickle and of course ive had some tremendous help from others here, so if i can pass a little reassurance on the journeys of others its a little bit of good karma

 

i do believe in doing good - my old grand dad used to tell me two things

 

1. you never get to really know a person until you eat a TON of salt,,,,,lol

2. do good forget it, do bad remember it!

 

its a bit of karma what goes round comes round and ive learnt a lot of lessons in life to always try and keep positive, quirky things always seem to happen just at the right moment for me and i believe that s cool by me:D

 

 

laters angel x

[fairbyblue]

Thanks Angel 1. Support keeps everyone going.

[fairbyblue]

Got the AQ today. My god now I'm lost!!!!. HELP PLEASE !!!!.

[DocH]

What's the form number, N149 or N150? Have a read of this thread, whilst I have a search for a few more on AQs.

 

http://www.consumeractiongroup.co.uk/forum/legal-issues/131499-directions-n150-n149-allocation.html

[fairbyblue]

Its a N150 and it looks daunting!!!

[creditcardmug]

Hi got your PM, i need to work back thro your thread as every case is different, as to what goes into the AQ, standby,

 

What is the date you have to file it by? has it come from your local court?

[creditcardmug]

Just posting up the relevant stuff for reference

 

The claimant claims payment of the overdue balance due from the defendent under a contract dated on or about 6/12/2005 in the sum of £11224.46 inclusive of interest to the date of this summons at 8% per annum from 18/11/08 to 27/11/08

 

particulars acc no (my account number)

 

18/11/08 default balance 11214.35

21/11/2008 post refrl cr -12.00

21/11/2008 12.00

27/11/2008 interest 22.11

Total 11224.46

 

Together with

Interest pursuant to s69 County Courts Act 19 at the rate of 245.53 pence per day to the date of judgement or sooner payment.

[fairbyblue]

Hi got your PM, i need to work back thro your thread as every case is different, as to what goes into the AQ, standby,

 

What is the date you have to file it by? has it come from your local court?

 

Its has to be in by 9/3/09 and it is in my local court.

 

thanks for this help and advice.

[fairbyblue]

Does the CCA have to contain the credit limit?

[creditcardmug]

Just read back thro your thread, this one isnt going to be easy is it........but anyway pressing on...you wanted to know about the prescribed terms,

 

The prescribed terms for a Running credit account as set out below

 

The prescribed terms referred to are contained in schedule 6 column 2 of the Consumer Credit (Agreements) Regulations 1983 (SI 1983/1553) and are inter alia: - A term stating the credit limit or the manner in which it will be determined or that there is no credit limit, A term stating the rate of any interest on the credit to be provided under the agreement and A term stating how the debtor is to discharge his obligations under the agreement to make the repayments, which may be expressed by reference to a combination of any of the following--

1. Number of repayments;

2. Amount of repayments;

3. Frequency and timing of repayments;

4. Dates of repayments;

5. The manner in which any of the above may be determined; or in any other way, and any power of the creditor to vary what is payable

 

These terms must be contained within the agreement. They cannot be contained within a separate document. The prescribed terms must be with the agreement for it to be compliant with section 60(1) Consumer Credit Act 1974

 

[fairbyblue]

There is no credit limit in CCA that i have. And I have 2 different APR's as there are 2 documents.

[creditcardmug]

ok, we are going to ask the court to order them to supply the document again anyway....i suggest you hand deliver this to the court the day before the deadline, so there's plenty of time

 

Im going to start posting some stuff to go in it, you dont have to fill it in yet, just read what im posting, and consider/comment on it

 

Draft Order for Directions

 

1 The Claimant shall not later than 4:00pm on (date) (being a date 2 weeks from the date of the making of the case management directions) deliver to the Defendant a verified true copy of each of the following documents mentioned in the Particulars of Claim

 

(a) the executed regulated consumer credit agreement made between the defendant and xxxxxxxxxxxxxxxxx under reference xxxxxxxxxxxxx together with any terms and conditions that applied to it, the original document must be brought to the hearing.

(b) the default notice together with proof of service

© a full and complete statement of account including all payments made and charges applied covering the period beginning with the day of the making of the agreement and ending on the date of the commencement of this case.

 

2 In the event that the Claimant shall fail to comply with paragraph 1 of this order the claim shall stand struck out and the Defendant shall be at liberty without further order to apply to this court for judgment and for costs on the standard basis to be subject to detailed assessment proceedings if not agreed.

 

3 In the event of compliance with paragraph 1 of this order this case shall be allocated to the fast track and

 

4 The Defendant shall be at liberty to file and serve a consequentially Amended Defence by 4:00pm on (date) (being a date 6 weeks from the date of the making of the case management directions).

 

Other Information

 

 

 

Section I

 

If the court is in agreement, the defendant respectfully requests that special directions may be given as per the attached draft order.

 

The defendant proposes these directions in mind of the Overriding Objectives, and in particular the duty of the parties to help the court further them. The issues outlined below are the crux upon which this claim rests, and the proposed directions identify these issues and will allow them to be assessed in advance of the hearing so that this claim may proceed justly and expeditiously;

 

Without production of the requested documents, I am at a disadvantage and am unable to serve a proper defence. Failure of the claimant to supply the requested documentation will make the case much harder for the court to deal with as without production of the requested documentation will inhibit the courts ability to deal with the case.

 

The House of Lords in the case of Wilson v First County Trust Ltd - [2003] All ER (D) 187 (Jul) made it clear in paragraph 29 of LORD NICHOLLS OF BIRKENHEAD judgment

 

29. The court's powers under section 127(1) are subject to significant qualification in two types of cases. The first type is where section 61(1)(a), regarding signing of agreements, is not complied with. In such cases the court 'shall not make' an enforcement order unless a document, whether or not in the prescribed form, containing all the prescribed terms, was signed by the debtor: section 127(3). Thus, signature of a document containing all the prescribed terms is an essential prerequisite to the court's power to make an enforcement order. The second type of case concerns failure to comply with the duty to supply a copy of an executed or unexecuted agreement pursuant to sections 62 and 63, or failure to comply with the duty to give

notice of cancellation rights in accordance with section 64(1). Here again, subject to one exception regarding sections 62 and63, section 127(4) precludes the court from making an enforcement order.

 

Its is respectfully requested this case be allocated to the fast track, it is a straight forward case and is easily resolved on production of the required documentation by the claimant, should the claimant not have the documentation required to progress this case I suggest that there will be no case to answer

 

Therefore it stands to reason that these documents must be disclosed before this case can progress any further

 

Section A tick no to all

4 reasons The claimant has failed to substantiate this claim

Section B tick yes (and write in the box) “already transferred to my local court”

section C tick no. in the box write " This case is not covered by any approved protocol”

Section D Write the amount they are claiming, not including costs

applications tick no

witnesses write your name, and in brackets "myself"...in the other box write "all facts"

Experts tick no to the first question, leave the rest blank

Track fast track....leave the box blank

Section E 3 hours....fill in the rest if there are any dates you cant attend

Section F tick yes to 1st question...no to 2nd

Section G leave blank

Section H leave blank

Section I tick yes to the 1st question...no to the second

tick no to applications

in the big box write "please see attached section I"

 

Sign & date it etc.

 

Ok, have a good read thro, referring to the form as you go, say if you're not happy/dont understand something, or if you feel anything else should be added....theres plenty of time, so no need to rush.

[fairbyblue]

Brill, I will wade through it. This site and more importantly the members are a great help. I would have caved in by now if it wasnt for CCMug. Cheers

 

Can i just confirm these dates?

 

1 The Claimant shall not later than 4:00pm on (date) (being a date 2 weeks from the date of the making of the case management directions) deliver to the Defendant a verified true copy of each of the following documents mentioned in the Particulars of Claim.

 

So if I return AQ on 6/3/09 then date is 20/3/09

 

4 The Defendant shall be at liberty to file and serve a consequentially Amended Defence by 4:00pm on (date) (being a date 6 weeks from the date of the making of the case management directions).

 

and this date wil be 17/4/09?

 

Cheers

[creditcardmug]

Sorry, its not very clear, those dates are for the judge to fill in, not you, as no-one knows what date he will make the directions

 

You only fill in the bits with the crosses, then print it off to attach to your AQ

[fairbyblue]

Brilliant, thanks for that. Now it makes sense.