MBNA/Reston threating court action

[jason_mnm]

I also received this letter from Restons telling same thing that they want my signature. The letter says:

 

Dear Sir,

Please refer to your letter dated xxxx which purports to come from you but which is unsigned. We are aware that the advice on various websites is not to sign documentation, however, we must be certain that we are in correspondence with the correct person.

If you wish to correspond with us in future, please sign your correspondence and further, provide evidence of your signature e.g. copy passport. Without this confirmation we are not prepared to respond.

If this correspondence is genuinely sent by yourself then we would advise you that this firm is not the Creditor under the regulated agreement for the purposes of the Consumer Credit Act Legislation and we are not, therefore, able to accept your request on behalf of the Bank. The mere fact we are instructed by the Bank in relation to this debt does not automatically deem us agent for the purpose of receiving this written request. We must make it clear however that for the purpose of Court proceeding this firm will be on the record as acting for the Bank and hence all Court documents should be sent to this firm. Further , any court proceedings should be directed to us. It is only for the purpose of Section 78 request that we cannot act on behalf of Bank.

 

Yours faithfully,

xxxxxxx

Restons Solcitors

 

Now what do u think they are upto and what kind of reply I should sent now in reply of this letter...

[diddydicky]

Dear Sirs

 

thank you for your letter of XXXXXX.

 

the contents of your letter quite frankly are utter nonsense. I am sure a judge would be very impressed with your refusal to deal with unsigned correspondence from people that you yourself initiated contact with.

 

If you are not sure of my identity why did you initiate contact between us and include in your correspondence very sensitive financial information?

 

I have no intention of sending copies of passports or any other personal documents to you

 

if you refuse to answer my letters i will revert to writing directly to your client.

 

Internet sites such as the Consumer Action Group provide me with a valuable source of advice and information in dealing with companies such as yours.

 

I am happy to prove my identity to you in person by attending at your offices to inspect the original executed credit card agreement that you claim your client posseses

 

Yours sincerely.

[slick132]

Has MBNA or Restons taken the £10 payment for the SAR. If so, remind them of this.

 

As I said above, surely the quickest route is to send the SAR to MBNA and copy a letter to Restons telling them there's a dispute, so they must back off just now.

 

Sign your letter using this method - http://www.consumeractiongroup.co.uk/digitalsignature.php

[jason_mnm]

No, they have sent back the potal orders that I included. So u r saying I should include signature??? but it is going to cost me. Cannot I just sent some short of other identification like credit card statments.. etc.. I am scared that they might copy my signature whichever form i gave it to them.. Caue this guys have highly sophisticated IT gadgets which can easily copy signature and paste it to their form.

Please let me know your thought...

[slick132]

Did you read the link in my post above about digital signatures.

 

Or use a different signature, so you'll know if they "lift" it to use on a credit agreement.

[slick132]

Also, see here - http://www.consumeractiongroup.co.uk/forum/letter-templates/131333-dca-creditor-demand-specimen.html

 

[diddydicky]

they

 

If they are waiting for your signature they are obliged to "stop the clock ticking" and contact you and then recommence the clock when you have provided the information that was missing

 

they cannot simply send the po's back and tell you to start again and its a 5000 fine if they cock up

[citizenB]

Jason,

 

You can either use the antitamper strip that can be purchased from CAG in the link below...

 

http://www.consumeractiongroup.co.uk/digitalsignature.php

 

Or, you can type a box of XX's

 

 

X X X X X X X X

X X X X X X X X

X X X X X X X X

X X X X X X X X

 

Above in a medium grey colour then sign over the top of them.

 

There is little point in sending either the CCA or SAR requests to Restons you MUST send them to MBNA. Strictly speaking Restons if they are acting as "debt collector" or agent on behalf of MBNA then they should have passed on the CCA request. However, it is evident that they are not going to be co-operative in that respect.

 

They can request further proof of your identity, but they cannot demand a passport or driving licence (apart from which you may neither drive or travel).

 

Further proof of your identity if it is requested, could be one of the letters that Restons has sent you (make it the most threatening one). As they say, they should be sure of your identity before contacting you so why send you begging letters

[jason_mnm]

Thanks guys.. Slick I PM'd you, will you kindly let me know if it is fine.

[jason_mnm]

They can easily copy my signature, i mean they can see my signature and write it likewise.. Cannot i just sent copy of my credit card statements or any of their letter back to them to confirm my identity for subject access request.. I just donot want give them easy ride... please tell me any alternative to signature...

[jason_mnm]

hi guys my default notice dated 17 November 2009 and i was told to pay it by 5 December 2009, does this mean this DN is faulty ....(unfortunately I forgot to keep the envelope)... However I should get details from Comms Log of my SAR request when it comes...

[diddydicky]

spot on i'm afraid to say

 

 

unless you SAR them and it shows it was posted 2 days after it was issued (doubtful)

[jason_mnm]

Hi Didddy does that mean MBNA/Restons cannot enforce it..

 

Also do u know if there is any alternative to signature for subject access request, as both MBNA and Restons want my signature for SAR and CCA request..And I do not want to give my signature to these people who can easily copy my signature and make documents... I just do not want to show them how my signature look like...I do not trust them...

[diddydicky]

no , i meant that the DN was spot on CORRECT in terms of the time allowed for remedy, assuming it was posted the next day 2nd class it gave you enough time

[diddydicky]

Hi Didddy does that mean MBNA/Restons cannot enforce it..

 

Also do u know if there is any alternative to signature for subject access request, as both MBNA and Restons want my signature for SAR and CCA request..And I do not want to give my signature to these people who can easily copy my signature and make documents... I just do not want to show them how my signature look like...I do not trust them...

 

you can refuse as a matter of principle if you like and want to be stroppy but i don't personally subscribe to the lifting of signature conspiracy theory

 

sign it and put a way line though it

 

miss a letter out, add a letter in, use your middle name (or dont use it if you normally do)

 

sometimes you have to lose a battle in order to win the war

[slick132]

Jason, DD is right.

 

You're spending so much time worrying about your signature and we've suggested several ways that you can sign a letter, so you would KNOW if they "lifted" it and copied it to a credit agreement.

 

Take the advice offered and get your letters sent off. Delaying further is more likely to cause you problems than sending a signed letter.

 

[jason_mnm]

Thanks guys for your kind advice..

[jason_mnm]

As i have sent a letter to Restons with my income and expenditure and also offer of token payment and I also included the payment month ago per CCCS advice. Restons have declined my that offer . Now if it goes to court will I have any problem defending the whole claim.. Please advise

[slick132]

HG Jason,

 

You have acknowledged the debt and offered to pay towards it but I don't see that this affects the legal enforceability of the a/c.

 

If the bank takes you to court for this debt, they should have a properly executed credit agreement. Without it, any claim against you should fail, regardless of whether or not you acknowledge the debt.

[diddydicky]

Sometimes LIP's fail to understand the difference between admitting the debt but denying that it is legally enforceable and so end up trying to deny that an agreement or debt exists/existed, and get caught out in court when that damning question is asked "did you borrow/use the money"

 

In 99.999% of cases it is simply folly to attempt to pretend that an agreement or debts exists because there is ample evidence to prove the debtors indebtedness to the creditor.

 

I personally would ALWAYS include an admission in my defence that i acknowledge that an agreement was entered into - which will then take the "sting" out of any attempt by the other side (or even the judge) using "That" question to make your epilglottis look uncomfortable.

 

the purpose of the court proceedings is not a question of whether you did or did not enter into an agreement, (after all you cant quote the CCA regulations to try and get out of it if you don't admit that you are "in it").

 

the purpose of the proceedings is to establish if the agreement is LEGALLY enforceable.

 

unless the creditor has unlawfully terminated the agreement, and if you win the court battle you will STILL be liable to the creditor for what you owe him under the agreement, all you have established is that he cannot use any legal process to enforce the debt.

 

thus the following is a VERY useful addition to your armoury

 

The Defendant admits entering into an agreement with the Claimant and which was regulated by The Consumer Credit Act 1974 (The Act). No admissions are made as to the terms, conditions or other provisions of the agreement and the extent to which the Claimant may or may not have complied therewith and the extent to which the Defendant may or may not have complied therewith. Further and alternatively, it is denied that the agreement was properly executed and/or is now enforceable in whole or in part.

[jason_mnm]

Okay I am in it.. just came home and found the brown envelope...Seems they do not understand though I told them they will waste time by issuing CCJ claim form... Anyway the details follows:

 

It is issued by Nothampton (CCBC) Bulk Centre:

Issue date 07 Jan 2010

POC says:

The claimant claims payment of the overdue balance due from the Defendant under a contract dated on or about 21/07/2001 in the sum of 6xxx.xx inclusive of interest on the date of summons at 8% per annum from 13/12/09 to 06/01/10

PARTICULARS a/c no: xxxxxxxxx(credit card number)

Date Item Value

13/12/2009 Deafault Balance 6xxx.xx (say 6000.00)

23/12/2009 Post Refr Cr -xx.67 (say -23.46)

23/12/09 xx.67 (say 23.46)

05/01/2010 Interest 4x.xx (say 40.00)

Total 6xxy.xx (they have total 6016.54)

Together with:

Interest pursuant to s69 Country Courts Act 19(missing the whole year)

at the rate of 1xx.xx pence per day

to the date of judgement or sooner payment.

Now guys I need all of your advice and guidance to take on MBNA/Restons.

Do u guys want me to upload the whole claim form..

Now plz tell me

1.Why they have said the date of agreement on or about 21/07/2001, does that mean they do not have the agreements and they are just guessing..

2. Does interest pursuant to s69 County Courts Act allowed for CCA 1974 agreements debts,

3. The even didnot write the full year for the ACT.

4. the total does not seems to add up,

4. as the POC is vague, can I apply to Struck it out from the court.

 

Please let let me know all of your expert advice....so that we can win togerther.. wait for your response

Edited January 16, 2010 by jason_mnm

[diddydicky]

first thing to do is go online and acknowledge service, then you can take our advice at leisure

 

you can ask for extra time online to the 28 days it gives you

 

print off your acknowledgment receipt and keep it with your file

 

+++++

 

then you will make a CPR31.14 request for copies of any document mentioned in the POC plus full particulars of the account and the figures they have used to arrive at the figure in the POC

 

you can also send a CPR18 for any other information that you need for your defence but which is not mentioned in the POC

[jason_mnm]

Thank you diddy for your prompt reply...shall I acknowledge it today or can I do it tomorrow..

 

Should I send the CPR18 and CPR31.14 tomorrow.. Reason I am asking tomorrow is friday, after that saturday and sunday...

[diddydicky]

you have 5 days i think to acknowlegde

 

better safe than sorry- especially if it has been stuck in the post during the snow

[diddydicky]

having said that- it only takes 5 minutes - it really is quick and easy