MBNA/Reston threating court action

[jason_mnm]

ah

 

I think you have walked into a problem by this, a request for an extension ( see CPR 15.5) of 28 days would have been proper along with a request for disclosure and in default of that request would give rise to an application for disclosure

 

thats how i would have dealt with this, in my day job

 

At this stage can I do anything about the CPR 15.5 plz?

 

What will be the best to do for me now?

[LB145]

Got my aq today -not had time to digest as I ave been at a memorial service today - will fill you in when i am up to speed.

[pt2537]

CPR 15.5 provides an entitlement to seek an extension of time for filing your defence, since you have filed a defence you have shot yourself in the foot there id submit.

 

I think that however, you are still entitled to view the agreement they pleaded in their statement of case (CPR 31.14) and they must (as opposed to may) disclose it to you

 

the AQ is simple, you need to fill it in and return it to the court

 

if you have questions then i will happily try to assist, but you must understand the process yourself or you will be slaughtered

[jason_mnm]

HI PT what u mean the process? How can I know the process, plz..

[jason_mnm]

Hi PT thanks for your reply..

 

Also to let you know I have received SAR from MBNA 3 weeks ago which included A copy of the application form and communication log and statement from 2004, but this account was opened in 2001..

 

Funny the application form has the signature which is not my official signature at all.. Also this application form look same as the MBNA –v- Thorius case..

 

This application form (without my official signature) has tick for NO PPI. But statements that I got in 2001 and 2002 have PPI payments...

 

Are the above any useful???

[pt2537]

i mean you must understand "how the court works"

 

the procedures, the processes, etc

 

how to use the rules to your advantage, otherwise you will fall into difficulty

 

I would advise you to seek proper legal representation as if you dont get this knocked into shape quickly you could be in real trouble further down the road

[jason_mnm]

Hi PT thanks for your reply..

 

Funny the application form has the signature which is not my official signature at all.. Also this application form look same as the MBNA –v- Thorius case..

 

This application form (without my official signature) has tick for NO PPI. But statements that I got in 2001 and 2002 have PPI payments...

 

I understand what u mean PT.. but when I see the above and when I have been getting excellent help and advice from u and others caggers from this great site.. I hope we can do it togerher...

Edited March 21, 2010 by jason_mnm

[Mydogsawestie]

i mean you must understand "how the court works"

 

the procedures, the processes, etc

 

how to use the rules to your advantage, otherwise you will fall into difficulty

 

I would advise you to seek proper legal representation as if you dont get this knocked into shape quickly you could be in real trouble further down the road

 

I wish I'd sought advice earlier but like you Jason with all the help & advice gained was confident (or so I thought) in what I was doing with the paperwork. Eventually when the decision with my family judge in my lottery allocation went the opposite way (despite me having a faulty DN) means now I am having to go through the appeal stages.

 

Had legal representation been onboard during my earlier stages I am sure it would have never got to this stage. I can only hope now my bad decision will get reversed (fingers crossed).

[diddydicky]

CPR 15.5 provides an entitlement to seek an extension of time for filing your defence, since you have filed a defence you have shot yourself in the foot there id submit.

 

I think that however, you are still entitled to view the agreement they pleaded in their statement of case (CPR 31.14) and they must (as opposed to may) disclose it to you

 

the AQ is simple, you need to fill it in and return it to the court

 

if you have questions then i will happily try to assist, but you must understand the process yourself or you will be slaughtered

 

PT, can you advise

 

the time for AQ's to be returned in my case was 15 March and i included special directions and sent a copy to restons

 

I have now received a hearing date for a SJ applied for by Restons on 17 March- two days after the AQ's deadline- no mention of my application in the AQ's- and no copy of any AQ's from restons

 

can they do this- are they not bound by the same deadline?

[supasnooper]

PT, can you advise

 

the time for AQ's to be returned in my case was 15 March and i included special directions and sent a copy to restons

 

I have now received a hearing date for a SJ applied for by Restons on 17 March- two days after the AQ's deadline- no mention of my application in the AQ's- and no copy of any AQ's from restons

 

can they do this- are they not bound by the same deadline?

 

Apologies to jason for the hijack of his thread.

 

You'll probably be aware that the SJ Application is a favourite trick of Restons and you are no doubt well versed in their tactics.

 

Restons probably applied for SJ instead of completing their AQ and so that's why you didn't get a copy of their AQ.

 

May I just point out as to costs - as the track has not been allocated, the hearing costs are treated as multi-track.

Smack the blighters hard for costs as they may, quite rightly, be entitled to hire a barrister from Gough Square Chambers, who would charge £1000 + VAT to deal with an SJ hearing and not forgetting to add on Restons costs.

[diddydicky]

thanks and my apologies for interrupting the thread - i just realised they made the sj application in order to delay my aq asking for directions for them to bring the original agreement to court- crafty Beggars

Edited March 24, 2010 by diddydicky

[jason_mnm]

Do u guys suggest any legal rep that I can use?

 

But I got no money to pay for legal rep, what should I do now then.. Also I was told I cannot get legal aid,..

 

But somehow I think I might be able to do it of u guys just advise me to the right directions...

[jason_mnm]

I am just wondering when they have not replied to my CPR request and also the application form has a siganture which is not my official signature and when they have added PPI when the application form says NO..

 

Also the application form looks same as MBNA –v- Thorius case..

 

How can MBNA/ Restons can get judgement in their favour?????..

 

I am sure there are enough expert here to help me...

[diddydicky]

when you say the application form does not have your "official" signature what do you mean - i detect hesitancy

 

if you mean it is a forgery are willing to prove it (it is for you to prove such an accusation and not for them to prove it isn't)

 

making such an allegation in court is a VERY serious accusation

[diddydicky]

(and can you inform diddy dicky when you get such approval so that he can ring two nice ladies to arrange an evening in)!

[jason_mnm]

It has got my own hand written a signature in a foreign language which I never use for bank or any official or even in my passport..

 

I might have used it when I was forced by salesman and I did not want it.. So i have just put that silly signature just to make the sales person to get off me...

[diddydicky]

It has got my own hand written a signature in a foreign language which I never use for bank or any official or even in my passport..

 

I might have used it when I was forced by salesman and I did not want it.. So i have just put that silly signature just to make the sales person to get off me...

 

then my advice is to forget all about trying to use this as a defence or excuse

 

if it sounds like a load of crap to me (and it does) - it will also (IMO) sound the same to a judge!!

[jason_mnm]

Well.. it is not crap ....Diddy with respect.. it is fact....

 

I think I can use it as they have not done all the necessary check before giving me the credit card..

 

Can I not use the MBNA –v- Thorius case arguments given by the Judge.. though it is not a high court judgement? ...

 

To let you know MBNA/ restons have not replied to my CPR request, but MBNA replied for my SAR with an application form same as MBNA –v- Thorius case.

[pt2537]

Well.. it is not crap ....Diddy with respect.. it is fact....

 

I think I can use it as they have not done all the necessary check before giving me the credit card..

 

Can I not use the MBNA –v- Thorius case arguments given by the Judge.. though it is not a high court judgement? ...

 

To let you know MBNA/ restons have not replied to my CPR request, but MBNA replied for my SAR with an application form same as MBNA –v- Thorius case.

did you plead this issue in your defence?

 

if not then you will need to apply to amend the defence accordingly

 

as for the case of Thorius, is it on all fours with your case? if its not the same facts then its distinguishable.

 

 

Far too many people have lost their cases because they didnt have an understanding of their cases and when in court, got outsmarted by the othersides counsel,

 

trying to allege fraud is as DD says a serious accusation

[jason_mnm]

HI PT.. no, I have not pleaded that issue in MY ED as that time I did not receive my SAR reply (the application form) and I didnot know it has that signature..

 

Again I am not alleging fraud but rather recklessness and undue care of MBNA to issue a card without checking the person's signature or authenit'cy of the application..and then take the person to court which I am sure 'NOT Justice'...

 

Again they have not replied to my CPR..

 

But I just got my SAR reply with the application form..

 

Is CPR reply and SAR reply will be treated same in court?

Edited March 21, 2010 by jason_mnm

[diddydicky]

Well.. it is not crap ....Diddy with respect.. it is fact....

 

I think I can use it as they have not done all the necessary check before giving me the credit card..

 

Can I not use the MBNA –v- Thorius case arguments given by the Judge.. though it is not a high court judgement? ...

 

To let you know MBNA/ restons have not replied to my CPR request, but MBNA replied for my SAR with an application form same as MBNA –v- Thorius case.

 

no offence is intended, however i just illustrated how you have to be "on your toes" in this type of defence

 

no where in my post did i say that "it was crap" re read the post and understand the difference

 

i was in any event being devil's advocate- if i were a judge i would need a hell of a lot of convincing

 

the more so since you were clearly trying to "qualify" your accusations rather than boldly state them

 

I am on your side- i advise you again (unless you can come up with some convincing argument/evidence) - don't bother!!

[jason_mnm]

Lol.. diddy I understand what u meant..

I wanted u all know the issues that can be helpful.. cause anything can be useful in court if the judge will listen to our all arguments....

Edited March 21, 2010 by jason_mnm

[jason_mnm]

Can I kindly get all of your help to fill the AQ please

Edited March 22, 2010 by jason_mnm

[slick132]

This should help Jason - http://www.consumerforums.com/resources/templates-library/48-bank-templates/125-allocation-questionnaires-a-guide-to-completion-

 

[jason_mnm]

Hi Slick thanks for your reply.

 

Can someone clarify in absence of CPR reply if Subject Access Request reply will be treated same in court?