MBNA/Reston threating court action

[MandM]

and make sure you read PTs latest thread. Could be very relevant!!!

 

M

 

http://www.consumeractiongroup.co.uk/forum/legal-issues/241827-legal-action-how-start.html

[diddydicky]

Thanks to all of you for your such excellent responses. Really appreciate it...

 

I have acknowledged the service today saying I want to defend the whole claim..

 

Now I will have a look at all those threads for CPR31.14 request and draft the letter and seek your advice before I send it..

 

Also plz advise if I need to do anything else..

 

your wish is my command you may need to adjust if no assignment is involved.

 

 

Dear Sir,

 

Re: (Claimant's name) v (Your name) Case No:

CPR 31.14 Request

 

On (date) I received the Claim Form in this case issued by you out of the (Name) 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.*

 

[Prior to the issue of proceedings I had delivered a request for the production of the agreement mentioned in the Claim Form and on which you rely. That request was ignored][delete if no such request was delivered]

 

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.

 

[Although your claim is for a sum which is not more than £5,000.00 and will in all likelihood be allocated to the small claims track for determination upon my delivering a defence, at this moment in time I have not delivered my defence and the case has not been allocated to a track. In consequence the provisions of CPR 27(2) are of no effect and you should not seek to avoid compliance with your CPR 31 duties by claiming otherwise]#

 

# delete if claim for a sum exceeding £5,000.00

 

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

[jason_mnm]

Thank u diddydicky and MandM u guys been excellent.. I am now trying to find my first statement to check the date it was opened. Cause in the POC of the claim form they say on or about 21/07/01, seems they are not sure about the date.. I just found they have got the date from Experian credit report....

Anyway can you plz tell me 'is there anyway I can apply to court to strike the claim off the court as the POC is vague ?'....

[pt2537]

Thank u diddydicky and MandM u guys been excellent.. I am now trying to find my first statement to check the date it was opened. Cause in the POC of the claim form they say on or about 21/07/01, seems they are not sure about the date.. I just found they have got the date from Experian credit report....

Anyway can you plz tell me 'is there anyway I can apply to court to strike the claim off the court as the POC is vague ?'....

pretty standard stuff that really

 

on or about, is the correct way to frame an argument so it seems theyve got it correct on that point

 

 

As for striking out, you would be better served if the pleadings are poor, asking the other side to replead their claim correctly along with the request for disclosure, this would kill two birds with one stone

[jason_mnm]

Thanks PT...

 

Will you kindly tell me how do I do ask them to replead their claim correctly...

[pt2537]

Thanks PT...

 

Will you kindly tell me how do I do ask them to replead their claim correctly...

you just have;-)

 

theres no special way

 

" your pleadings are insufficient in my opinion and therefore i would invite you tp replead your case effectivley "

[jason_mnm]

Okay guys I just found from the pile of my files of years ago ' A letter from Abbey dated 19th September 2001 and signed by R. Croker of Abbey confirming my credit card has ''Payment Protection Cover''.. I think that should be enough to confirm 'Unfair Relationship' and win the case..

 

Kindly let me know if it helps....

Edited January 15, 2010 by jason_mnm

[MandM]

Okay guys I just found from the pile of my files of years ago ' A letter from Abbey dated 19th September 2001 and signed by R. Croker of Abbey confirming my credit card has ''Payment Protection Cover''.. I think that should be enough to confirm 'Unfair Relationship' and win the case..

 

Kindly let me know if it helps....

 

Does the PPI show up on your statements?

 

M

[jason_mnm]

Hi MandM...Yes, The PPI do show in the statements...It says payment protection cover...

Edited January 15, 2010 by jason_mnm

[MandM]

ooooo. Think it makes a difference!!! PPI is new ground for me, just started on a few myself but none where I have a claim issued against me.

 

Await further info from those that know.

 

M

[MandM]

First things first, have you done an SAR. You need to get those statements.

[diddydicky]

cant help you on the PPI apsect i am not yet up to speed on that aspect

 

(on account of most of mine didnt have it)

[vint1954]

i wouldn't say it was bad but ive taken to wearing drainpipe trousers and pumps!!

 

 

btw pls have a butchers at my thread MBNA/restons for Diddydicky case

 

see how many cock up s i might have made in that

 

dick

Had a quick look. It is very similar to my situation, same dates, same creditor different solicitor.

 

The embarrassed defence looks good and much as I had originaly planned, however several have suggested a very short ED, so making my mind up at present.

 

Have you had a read of pt2537's thread http://www.consumeractiongroup.co.uk/forum/legal-issues/241827-legal-action-how-start.html

[diddydicky]

Had a quick look. It is very similar to my situation, same dates, same creditor different solicitor.

 

The embarrassed defence looks good and much as I had originaly planned, however several have suggested a very short ED, so making my mind up at present.

 

Have you had a read of pt2537's thread http://www.consumeractiongroup.co.uk/forum/legal-issues/241827-legal-action-how-start.html

 

yep, that's as short as i can get it its not just an embarrased defence, its a strike out application/or a request for orders to comply so cant be said to be sitting on my backside

[MandM]

Does the PPI show up on your statements?

 

M

 

Hi MandM...Yes, The PPI do show in the statements...It says payment protection cover...

 

First things first, have you done an SAR. You need to get those statements.

 

Hi J,

 

Do you know what the PPI is on this account? Statements, SAR.

 

where are you on that?

 

M

[jason_mnm]

I was looking for all the documents for this card since it was opened, then I found a letter from Abbey dated 2001 confirming PPI and also some bank statements of 2001 and 2002 where the PPI payments shows up...

 

If i remember in Mcguffick case judge did say there would have been unfair relationship if PPI was added with the card and in that respect Mcguffick would have won the case..

 

Please correct me if I am wrong...

 

I am sure Slick will know this better.. Hope he comes back and says something about this...

[MandM]

Is the PPI on for the full life of the card?

 

M

[jason_mnm]

I have not seen in the latest statements but in 2001 and 2002 statements..

 

Also for Jasper on your question..

 

The default notice issued on 17 November 2009 ask payment for arrears of £1xxx.xx by 5th December 2009, then it gives the account full balance...

 

But in The CCJ claim form they ask for full balance..

 

Also what is the difference between Default notice and the Termination Notice? Cause I never seen any letter from MBNA saying clearly Termination Notice..

 

Let me know plz if that helps...

Edited January 16, 2010 by jason_mnm

[Jasper1965]

I have not seen in the latest statements but in 2001 and 2002 statements..

 

Also for Jasper on your question..

 

The default notice issued on 17 November 2009 ask payment for arrears of £1xxx.xx by 5th December 2009, then it gives the account full balance...

 

But in The CCJ claim form they ask for full balance..

 

Also what is the difference between Default notice and the Termination Notice? Cause I never seen any letter from MBNA saying clearly Termination Notice..

 

Let me know plz if that helps...

 

Following on from the above posts concerning the claimants POC's I suggest something like the following is added to the embarrassed defence.

 

The claimant has previously issued a default notice in respect of this account on which it was stated that the overdue balance was £xxxx and the account balance was £yyyy. The claimant failed to lawfully terminate the account prior to issuing this claim and yet the claimant now appears to be claiming the full account balance of £yyyy as being the overdue balance.

* The defendant avers that at no time prior to this claim has the claimant ever requested repayment of the account balance from the defendant.

 

(If the account has not been lawfully terminated I don't see how the entire balance can be overdue, * presumably they have not written to you asking for repayment of the outstanding balance since issuing the default notice, but have just gone straight to Court on the back of the default notice issue/failure?)

[jason_mnm]

They issued default notice on 17 November 2009 and ask me to pay by 5th December 2009..

 

but before that on 3rd November 2009 I received a letter from Debt Cleat Recoveries saying the account has been passed to them for collection.

 

Then on 16th November 2009 the debt clear sent letter saying Notice of Proceedings..

 

on the same day i.e. 16th November 2009 they sent another letter asking me to request family and friend and also to remortagage property to pay them off.

 

17 November 2009-default notice

 

Then Funny on 4 December I received another letter from Debt Clear sayinng the Total Debt has been referred to them and gave me 3 options to pay in full, pay in 5 year period or partial settlement..

 

Donot understand they send letter on 3rd November saying they are acting for collection and then why they will send another letter on 4 December saying the debt has been referred to them????

 

Then on 14th December I received letter from Restons..

 

Send CCA request to Restons and SAR request to MBNA.. but they denied the request asking for my signature..

 

Now this claim form..

 

Also do u know anything about PPI plz

Edited January 17, 2010 by jason_mnm

[Jasper1965]

 

on the same day i.e. 16th November 2009 they sent another letter asking me to request family and friend and also to remortagage property to pay them off.

 

This matter should be refferred to the OFT as a complaint in its own right.

 

The rest of it? Well what a shambles.

They have refused your cca request on grounds that have no basis in law ie there is no requirement for a signature to be provided.

 

Who sent the default notice MBNA or DCR?

[jason_mnm]

Issued by MBNA..by the by it was originally Abbey who issued the Card.. also MBNA has issued the CCJ claim form..

Edited January 17, 2010 by jason_mnm

[slick132]

I wonder, can anyone post a link to a thread or a defence which shows how the issue of PPI can be used to help Jason defend where PPI is an issue.

 

Jason, can you confirm if you have complained about PPI to MBNA previously.

 

[diddydicky]

you need to post these letters up so we can see them pls

[jason_mnm]

Thanks for reply....I never complaint about PPI...