MBNA / Restons

[Cartier-Bresson]

Many thanks for this suggestion Angel_1

 

CitizenB if you are out there ... would this be possbile to combine both threads ? I not sure why i ended up with two .... I still learning how it all works really !

 

Many thanks > C-B

[angel_1]

Many thanks for this suggestion Angel_1

 

CitizenB if you are out there ... would this be possbile to combine both threads ? I not sure why i ended up with two .... I still learning how it all works really !

 

Many thanks > C-B

 

 

hey no worries i know you are still new and thats why im trying to help

 

we really do help each other as much as we all can, i was helped by others in the early days and now i help others as a thank you kind of gesture too

 

this site will move you, teach you stuff you didnt know, give you laughs, give you moments of pure joy, parts of sadness too, but overall its a freindly place and you can chase your worries away;-)

 

laters but will check in and see if CB can merge your threads dont worry

 

angel x8)

[citizenB]

The plot thickens !!!!

 

Having just spent some time looking really closely at what my CCA actually states I seem to have come across something that would suggest that these two documents are certainly NOT related !

 

On the front page where I have signed .... just underneath in the Additional Cardholders - a free service' section it states:

 

IMPORTANT - DATA PROTECTION - Additional Cardholder

By signing this agreement you agree that we may process, use, record and disclose Personal Information about you as described in Condition 11 in the Terms & Conditions.

 

 

But when you turn over to the T & C's on the back page ..... Condition 11 states:

 

11. For the period of six months starting on the date of opening the account, we will not increase the interest rate on any Retail Transaction, Cash Transaction, Cheque Transaction, Balance Transfer, or on any handling charge.

 

 

So it is clearly refering to a differnt set of T&C's !!!!

 

Is this correct or am I going mad here !!!

 

Oh dont you just love it when a plan comes together, I didnt think those T&cs were part of the same document.. You do have to give them credit for trying though dont you :lol:

 

Angel, many thanks for pointing out the double thread.. I did notice it yesterday and completely forgot. I have now merged them and unapproved a couple of doubled up posts.

[Cartier-Bresson]

Can anyone tell me .... what does 'Subbed' or 'Subbing' mean ? [pardon my ignorance !]

[citizenB]

Can anyone tell me .... what does 'Subbed' or 'Subbing' mean ? [pardon my ignorance !]

 

Anyone who posts on a thread has "subscribed" to it. They will be notified by email when anyone else posts. If a person doesnt have anything relevant to say at the time of finding your thread they will "sub" to it or maybe just even post a welcome message for you.

 

Just a way of letting you know that you arent alone

 

You can also subscribe to a thread by clicking on THREAD TOOLS at the top of the screen and click on the "Subscribe to thread" button.

[Cartier-Bresson]

Many thanks again CitizenB ... this site is awesome ! I'm already feeling more empowered !

[citizenB]

You are more than welcome.

[citizenB]

Your question regarding who to send the charges claim to in the first instance .

 

I have had a reply back from the Site team as follows

 

 

Write to MBNA as they took over the original account. Let Restons know that there is a claim going in for the charges, they may hand it back to MBNA.

[summerbreeze]

subbing

[angel_1]

Oh dont you just love it when a plan comes together, I didnt think those T&cs were part of the same document.. You do have to give them credit for trying though dont you :lol:

 

Angel, many thanks for pointing out the double thread.. I did notice it yesterday and completely forgot. I have now merged them and unapproved a couple of doubled up posts.

 

 

hiya CB,,,knew you would follow up thanks for helping

 

told you Cartier, you see you are now in safe hands, here at cag

 

keep positive all, will catch up laters

 

have a sunny day angel x:D

[supasnooper]

Hi Cartier,

 

It looks like you have a similar looking "document" as mine.

 

Unfortunately, the enforcability of it has yet to be decided, even though I am in the middle of a court battle with Restons\MBNA.

 

I'll post to my thread when a decision is made on the "document"

 

My thread with this dynamic duo -

 

http://www.consumeractiongroup.co.uk/forum/legal-issues/160395-restons-court-action.html

[Cartier-Bresson]

Just spent an hour or so going through your thread Supasnooper - very interesting and will surely help me further down the line I guess. I'm still trying to get my head around alot of the jargon being used and the legal procedures etc to be honest ... learning very quickly though as I'm sure my summons from Restons is in the post !

 

I am actually going to spend some time in the loft now ... as I am a terrible horder for all paperwork and have a feeling I may find something up there from way back in 2001 when I made the foolish mistake of taking a credit card out with Abbey / MBNA !

 

The sum I owe this particular creditor isn't much really in relation to my other debts ... it is approx £2.5k, plus all their fees etc ... bringing it now to just over £3k. I'm also in the process of trying to claim back about £850 worth of fees & charges incurred since 2003 .... this should, if refunded, bring the total down to a fairly nominal amount - which i may be able to sort out over three monthly instalments. Don't know whether I'm brave enough to end up in court ! May be though !

 

I'll look forward to seeing how your case develops > Cheers > C-B

[supasnooper]

Keep us posted on your progress - I'm sure there will be plenty of help available here if you need it.

 

If

[Cartier-Bresson]

Found all my MBNA statements from 2001 up to 2003 in the loft yesterday - my fees & charges have now moved to £1024 .... or £1313 with interest !!! Sent letter recorded to Restons today asking for them to obtain a full refund from their client within 14 days .... Just sit back and wait now I guess !

[angel_1]

hey Cartier

 

very well done, inspired me now to go through my small bedroom that has stuff today , not sure if i did put statements away etc but worth a clear out im inspired,

 

have a fun day laters angel x

[Cartier-Bresson]

Advice Needed !

 

I didn't recieve a reply regarding the letter i sent to Restons about claiming back fees charges etc ... I also sent it recorded delivery ..... but I did recieve an N1 Claim form from Northampton CCBC yesterday [issue date 6th May 2009]

 

I'm a bit unsure what my next move is really - any help would be much appreciated - cheers CB

[supasnooper]

Do the Acknowledgment of Service, defend the whole claim, do NOT contest the jurisdiction, but do not submit a defence just yet.

 

You will have 33 days from the date of the N1 form to submit a defence - Mark this on a calendar and do NOT forget.

 

you will also need to send a CPR 31.14 request to Restons -

 

 

Your Name

Your Address

Your Town

Your County

Your Postcode

Date

Dear Sir,

 

Re:

In the XXXXXXXXXXX County Court

Claimant XXXXXXX -v- Defendant – Your Name

Claim Number: xxxxxxxx

 

CPR 31.14 Request

 

On (date) I received the Claim Form in this case issued by you out of the Northampton County Court.

 

I confirm having returned my acknowledgement of service to the court in which I indicate my intention to contest all of your claim.

 

Please treat this letter as my request made under CPR 31.14 for the disclosure and the production of a verified and legible copy of [each of the following / the] document(s) mentioned in your Particulars of Claim:

 

1 the agreement. You will appreciate that in an ordinary case and by reason of the provisions of CPR PD 16 para 7.3, where a claim is based upon a written agreement, a copy of the contract or documents constituting the agreement should be attached to or served with the particulars of claim and the original(s) should be available at the hearing. Further, that any general conditions incorporated in the contract should also be attached.

 

2 the assignment*

 

3 the default notice*

 

4 the termination notice*

 

5 [any other documents mentioned in the Particulars of Claim]*

 

* delete if not mentioned in the Particulars of claim.

 

You should ensure compliance with your CPR 31 duties and ensure that the document(s) I have requested are copied to and received by me within 7 days of receiving this letter. Your CPR 31 duties extend to making a reasonable and proportionate search for the originals of the documents I have requested, the better for you to be able to verify the document's authenticity and to provide me with a legible copy. Further, where I have requested a copy of a document, the original of which is now in the possession of another person, you will have a right to possession of that document if you have mentioned it in your case. You must take immediate steps to recover and preserve it for the purpose of this case.

 

Where I have mentioned a document and there is in your possession more than one version of that same document owing to a modification, obliteration or other marking or feature, each version will be a separate document and you must provide a copy of each version of it to me. Your obligations extend to making a reasonable and proportionate search for any version(s) to include an obligation to recover and preserve such version(s) which are now in the possession of a third party.

 

In accordance with CPR 31.15© I undertake to be responsible for your reasonable copying costs incurred in complying with this CPR 31.14 request.

 

 

If you require more time in which to comply with this request you must tell me in writing. You must tell me before the time for compliance with this request has expired. In telling me you require more time you must tell me what steps you have taken and propose to take in order to comply with this request and also state a date by when you will comply with this request. In addition your statement must be accompanied with a statement that you agree to an extension of the time for me to file my defence. Your extension of time must be not less than 14 days from the date when you say you will have complied with my request and you must state the new date for filing my defence.

 

If you are unable to comply with this request and believe that you will never be able to comply with this request you must tell me in writing.

 

Please note that if you should fail to comply with this request, fail to request more time or fail to agree to an extension of time for the filing of my defence, I will make an application to the court for an order that the proceedings be struck out or stayed for non-compliance and a summary costs order.

 

I do hope this will not be necessary and look forward to hearing from you.

 

Yours faithfully,

Your Name

Amend to suit, do NOT sign and send Recorded Delivery

[Cartier-Bresson]

Many thanks for your quick response here Supa .... I've just been going over your thread again and trying to get an idea about a timeline for events etc. Has your case been sorted yet ? Where are you up to with it ??

 

Also ... just for me to be totally clear ....

 

Firstly

I need to complete 'Acknowledgment of Service' which I can do on-line, ticking the 'I intend to defend all of this claim' box. Hanging fire on the defence [33 days left for this]. I assume this course of action is advisable with my specific case, based upon our prior discussions regarding the dubious CCA MBNA provided me with.

 

Secondly

I need to send Restons a copy of this CPR 31.14 request [recorded delivery] you have provided me with, unsigned.

 

My POC's are identical to the ones you have on your Claim Form posted on your thread [obviously with differing amounts etc]

 

So based on this, do I only need to leave in numbers 1, 2, 3 & 4 ????

 

Many thanks again for your continued support here. C-B

[citizenB]

Advice Needed !

 

I didn't recieve a reply regarding the letter i sent to Restons about claiming back fees charges etc ... I also sent it recorded delivery ..... but I did recieve an N1 Claim form from Northampton CCBC yesterday [issue date 6th May 2009]

 

 

Sheesh, these really a nasty bunch arent they.

 

At least you can follow in snoops' footsteps:)

 

I need to send Restons a copy of this CPR 31.14 request [recorded delivery] you have provided me with, unsigned.

 

Correct, dont sign anything that will be going to Restons

 

My POC's are identical to the ones you have on your Claim Form posted on your thread [obviously with differing amounts etc]

 

So based on this, do I only need to leave in numbers 1, 2, 3 & 4 ????

 

 

Unless they mention other documents on the POC, just leave 1, 2, 3, and 4 . If they mention other documents then list them as requirements.

[supasnooper]

Follow CB's advice and yes you are right in your presumptions as to waiting 33 days.

 

Regards,

 

snoops

[Cartier-Bresson]

Excellent - thanks guys ... will keep you posted > C-B

[Cartier-Bresson]

More advice please guys !!!!

 

After sending Restons my CPR31.14 request on the 8th May recorded delivery, i recieved a package from them last tuesday [26th May] which included the following:

 

1. The same bogus copy of the CCA that MBNA sent me and has been attached to an earlier post ... basically the credit card application with a set of regs that don't correspond on the other side.

 

2. The latest set of MBNA T&C's

 

3. All statements from June 2004 to Feb 2009

 

4. The default notice dated 6th March 2009

 

What's my next move ? I'm concerned that the clock is ticking and that I will have to prepare a defence at some point ????

 

cheers in advance > C-B

[citizenB]

Right, well the agreement was a dubious document similar to Supasnoops wasnt it ?

 

You say they have provided current terms and conditions. You also want to see the historic stuff, cos that was what you signed for .. or not as the case may be.

 

The DN. I have pmd you re this.

 

Statements - are they all there,none missing ?

[sunflower99]

Hi Cartier-Bresson

Just popping on to see how you doing I am glad you getting a lot of help and support,It will be interesting to see if Restons respond to CPR 16 paragraph 7.3 request for original in court:DWe have both found the right place for help in joining CAG! MBNA/Restons will have a big fight from you! I can see that:D

[supasnooper]

Follow the advice citizenB has provided and you'll be fine.