MBNA/Reston threating court action

[jason_mnm]

Please advise if followings 31.14 request is fine.. specially plz look at the request documents are correctly added...

 

January 18, 2010

 

To,

Reston Solicitors Limited

CentrePark

Warrington

Cheshire

 

 

Dear Sir,

 

Re: xxxxxxx Limited V xxxxxxxxxx, Case No.xxxxxxxx

CPR 31.14 Request

 

I received the claim Form on 1x January 2010 in this case issued by you out of the Northampton County CB Centre.

 

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

 

Prior to the issue of proceeding 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.

 

Please treat this letter as my request made under CPR 31.14 for the disclosure and production of a verified and legible copy of each the following:

 

• 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.
  
• the assignment,
  
• the default notice,
  
• the termination notice.
  
• The MBNA communications log relevant to this account
  
• any other documents mentioned in the particulars of the 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 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) which are now in the possession of a third party.

 

In accordance with CPR 31.15 ( c) 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. 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 compiled with my request and you must state the new date for filling the 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 proceeding 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.

 

Y. faithfully,

 

Xxxxxxxxx printed name (not signed)

Should I sent a copy of their letter in case they try to spoil time and ask for signature

Edited January 18, 2010 by jason_mnm

[diddydicky]

Please advise if followings 31.14 request is fine.. specially plz look at the request documents are correctly added...

 

January 18, 2010

 

To,

Reston Solicitors Limited

CentrePark

Warrington

Cheshire

 

 

Dear Sir,

 

Re: xxxxxxx Limited V xxxxxxxxxx, Case No.xxxxxxxx

CPR 31.14 Request

 

I received the claim Form on 1x January 2010 in this case issued by you out of the Northampton County CB Centre.

 

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

 

Prior to the issue of proceeding 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.

 

Please treat this letter as my request made under CPR 31.14 for the disclosure and production of a verified and legible copy of each the following:

 

• 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.
  
• the assignment,
  
• the default notice,
  
• the termination notice.
  
• The MBNA communications log relevant to this account
  
• any other documents mentioned in the particulars of the 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 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) which are now in the possession of a third party.

 

In accordance with CPR 31.15 ( c) 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. 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 compiled with my request and you must state the new date for filling the 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 proceeding 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.

 

Y. faithfully,

 

Xxxxxxxxx printed name (not signed)

Should I sent a copy of their letter in case they try to spoil time and ask for signature

 

was the mbna comms log mentioned in the POC? if not then you cannot request production of it under 31.14

 

you will need to do a second request under CPR18 for any docs you require that were not disclosed in the POC

[jason_mnm]

Thanks Diidy for your quick clarification.

 

Also can u kindly tell me if I should include: 1. default notice and also 2.termination notice? Should I include the last sentence : any other documents mentioned in particulars of claim.. ?

 

The reason I am trying to clarify each sentence cause I donot want to fall in trap of my own mistake.. hope u understand...

 

Thanks again Diddy...

[MandM]

Thanks Diidy for your quick clarification.

 

Also can u kindly tell me if I should include: 1. default notice and also 2.termination notice? Should I include the last sentence : any other documents mentioned in particulars of claim.. ?

 

The reason I am trying to clarify each sentence cause I donot want to fall in trap of my own mistake.. hope u understand...

 

Thanks again Diddy...

 

If they are the OC or sols acting for the OC then you don't need assignment.

 

Everything else as mentioned in the POCs. As DD said, everything else use CPR 18

 

M

[MandM]

And yes to "any other docs mentioned"

 

M

[jason_mnm]

Thanks MandM.............

[diddydicky]

If they are the OC or sols acting for the OC then you don't need assignment.

 

Everything else as mentioned in the POCs. As DD said, everything else use CPR 18

 

M

 

HI, if you get chance can you cast your legal eye over my strike out application

 

thanks

 

M & S strike out application

[jason_mnm]

Hi guys can any of you kindly send me a link of good CPR 31.18 request letter. A word letter attachment for CPR 18 request will be much appreciated if u donot mind...

Edited January 19, 2010 by jason_mnm

[diddydicky]

31.18 ??

[slick132]

CPR 31.14 is discussed here - http://www.consumeractiongroup.co.uk/forum/legal-issues/159445-getting-them-reveal-their.html

 

I think you mean CPR 18 for additional info.

[MandM]

HI, if you get chance can you cast your legal eye over my strike out application

 

thanks

 

M & S strike out application

 

Legal eye! I wish. Self preservation eye more like having gone well beyond this point in my own affairs. lol.

 

Be my pleasure DD

 

M

[vint1954]

You may want to look at demanding a copy of the originlal in 1.

 

1 The agreement, a true copy of both sides of the original executed 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 originals should be available at the hearing. Further, that any general conditions incorporated in the contract should also be attached.

[jason_mnm]

Lol.. Slick.. I did mean CPR 18, Yeah, Do u think should I send CPR 18 now..

 

I have already sent CPR 31.14... Hope they do reply in time and with all the details...

 

Also will you kindly send me a link or attachment of a draft CPR18 letter..

Edited January 19, 2010 by jason_mnm

[jason_mnm]

Anyone can kindly send me a Good draft CPR 18 letter please............

[MandM]

Anyone can kindly send me a Good draft CPR 18 letter please............

 

Link in Post 125

 

M

[slick132]

CPR18 is dealt with here - http://www.consumeractiongroup.co.uk/forum/legal-issues/108467-basic-introduction-consumer-credit.html#post1048109

 

This is for use in claims of £5K or more.

 

I believe the concensus of opinion now is that a CPR18 letter should be more focused. So instead of using it as a general "fishing for every last bit of info" letter, you should carefully adapt it to seek the info which you would reasonably expect to be relevant and available to assist in defending the claim agaisnt you.

 

The other relevant threads already mentioned are:-

 

http://www.consumeractiongroup.co.uk/forum/legal-issues/159445-getting-them-reveal-their.html#post1707671

 

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

[jason_mnm]

Thanks slick and MandM..

 

I have drafted the follwings CPR 18 letter.. I need your expert advice on the letter specially those added in blue ink:

 

To,

XXXX Solicitors or MBNA???

………………

…………….

In the Northampton Country Court

Claimant V- my name

Claim Number.XXXXXXXX

Dear Sir,

REQUEST FOR INFORMATION CPR 18

I have received a recent court claim from your organisation. In order to file a defence and counter claim I require some information. Given that this matter is now the subject of legal proceeding, you are obliged to disclose under the Civil Procedure Rules, the information and documents detailed below.

The information must be furnished within fourteen days of the receipt of this letter. If you fail to comply, this will be reported to the Court, a copy of this letter will be provided as evidence to the same and an Order enforcing your compliance will be sought.

• A true copy of the executed credit agreement and any terms and conditions that applied to the account at the time the account was opened and at the time of default.
  

• I also require proof of the original agreement that you hold and your confirmation that the agreement you rely on are enforceable.
  

• All records you hold on me relevant to this case, including but not limited to:
  

• MBNA communications log relevant to this account.
  

• Transcriptions of all telephone conversations recorded and any notes made in relation to telephone conversations by your company.
  

• Where there has been any event in my account history over this period which has required manual intervention by any person, I require disclosure of any indication or notes which have either caused or resulted in that manual intervention.
  

• True copies of any notice of assignment and/or default notice or enforcement notice that you sent me, with a copy of any proof of postage that you hold.
  

• Documents relating to any insurance added to the account; including the insurance contract and terms and conditions, date it was added and deleted (if applicable).
  

• Details of any collection charges added to the account: specifically, the date it was levied, the amount of the charge, a detailed financial breakdown of how the charge was calculated, and what the charge covers.
  

• Specific details of the fees/charges levied by any other agency in respect of this account and a detailed breakdown of said fees/ charges and what each charges relates to and on what date said fees/charges were levied,
  

• A genuine copy of any notice of fair use of my data as required by the Data Protection Act 1998,
  

• A list of third party agencies to whom you have disclosed my personal data and a summary of the nature of the information you have disclosed.
  

• Copies of statements for the entire duration of the credit agreement.
  

• Any other documents you seek to rely on in Court.
  

I will require this information within the next fourteen days. I must advise you that of the information are not forthcoming, it will be reported to the Court that you are trying to frustrate proceedings and denying me the opportunity to file a defence and counter claim.

Yours sincerely,

XXXXX (Typed Name)

Will be much apprciated for your kind advice as always....

[MandM]

Too much IMO.

 

All references to any Doc already mentioned in the POC/31.14 request not required. Also, this will take some months to get to court should it do so. If you put SAR in now youcould still get all of the Data related info in time for £10 such as Comms log, data use and telephone records.

 

Copies of statements for the entire duration could be relevant as this would show any charges and may help you.

 

I believe the concensus of opinion now is that a CPR18 letter should be more focused. So instead of using it as a general "fishing for every last bit of info" letter, you should carefully adapt it to seek the info which you would reasonably expect to be relevant and available to assist in defending the claim agaisnt you.

I agree with Slick - you need to reduce this.

 

M

[slick132]

Hi Jason,

 

The letter should be sent to Restons.

 

The CPR31.14 letter deals with documents required in response to their POC against you as said by DiddyD on the last page - http://www.consumeractiongroup.co.uk/forum/show-post/post-2709709.html

 

The CPR 18 letter deals with other documents or info which you would reasonably require.

 

But there should be no duplication of items requested in the 2 letters.

 

I assumed you'd already sent MBNA a SAR - if so, no need for another whenb you should be able to get all the info you need with the 2 letters.

[jason_mnm]

Yape, I have sent CPR 31.14 request to Restons and also SAR request 2nd time to MBNA...

 

By the by I have not send back CCA request again to Restons which they didnot reply...I guess CPR31.14 also take care of s78 CCA request.

 

Anyway u guys saying I do not need to send CPR 18 letter then?... Please confirm...

Edited January 20, 2010 by jason_mnm

[slick132]

When did 2nd SAR go to MBNA and did you enclose £10 fee.

 

[jason_mnm]

HI Slick I send it on 18Jan 2010 with £10 postal order that they send back with earlier letter...

[slick132]

Ah yes, of course.

 

Forget the SAR - you are now passed that stage.

 

If your CPR31.14 letter to Restons addressed their POC as advised, your CPR18 letter should seek any further info that you require.

 

There should be no duplication of info requested in the 2 CPR letters, eg you shouldn't ask for the credit agreement in CPR18 if you asked for it in CPR31.14.

 

Looking at your draft CPR18 letter, I'd leave out some of what you suggested, so it would read as follows:-

 

" ........ enforcing your compliance will be sought.

All records you hold on me relevant to this case, including but not limited to:

• MBNA communications log relevant to this account.
  
• Transcriptions of all telephone conversations recorded by MBNA and any notes made in relation to telephone conversations.
  
• Where there has been any event in my account history over this period which has required manual intervention by any person, I require disclosure of any indication or notes which have either caused or resulted in that manual intervention.
  
• True copies of any notice of assignment and/or default notice or enforcement notice that were sent to me, with a copy of any proof of postage that you hold.
  
• Documents relating to any PPI added to the account; including the insurance contract and terms and conditions and the dates it was added.
  

[*]

• A genuine copy of any notice of fair use of my data as required by the Data Protection Act 1998,
  

[*]

• A list of third party agencies to whom MBNA have disclosed my personal data and a summary of the nature of the information disclosed.
  

[*]

• Copies of statements for the entire duration of the credit agreement.
  
• Any other documents you seek to rely on in Court. "
  

[jason_mnm]

Thanks for confirmation Slick.. otherwise I would have wait for nothing..

 

Will you kindly let me know if i should send token payment that I was paying for this month. I have not sent payment yet as they have sent claim form..

 

I am going to send the following for CPR18 tomorrow.. Hope this time it is fine. Please let me know if I have to edit anything:

 

To,

XXXX Solicitors

………………

…………….

 

 

In the Northampton Country Court

Claimant V- my name

Claim Number.XXXXXXXX

 

Dear Sir,

 

REQUEST FOR INFORMATION CPR 18

 

I have received a recent court claim from your organisation. In order to file a defence and counter claim I require some information. Given that this matter is now the subject of legal proceeding, you are obliged to disclose under the Civil Procedure Rules, the information and documents detailed below.

 

The information must be furnished within fourteen days of the receipt of this letter. If you fail to comply, this will be reported to the Court, a copy of this letter will be provided as evidence to the same and an Order enforcing your compliance will be sought.

 

 

All records you hold on me relevant to this case, including but not limited to:

 

• MBNA communications log relevant to this account.
  

2. Transcriptions of all telephone conversations recorded and any notes made in relation to telephone conversations by your company.

 

3. Where there has been any event in my account history over this period which has required manual intervention by any person, I require disclosure of any indication or notes which have either caused or resulted in that manual intervention.

 

4. True copies of any notice of assignment and/or default notice or enforcement notice that you sent me, with a copy of any proof of postage that you hold.

 

5.Documents relating to any insurance added to the account; including the insurance contract and terms and conditions, date it was added and deleted (if applicable).

 

6.Details of any collection charges added to the account: specifically, the date it was levied, the amount of the charge, a detailed financial breakdown of how the charge was calculated, and what the charge covers.

 

7.Specific details of the fees/charges levied by any other agency in respect of this account and a detailed breakdown of said fees/ charges and what each charges relates to and on what date said fees/charges were levied,

 

8.A genuine copy of any notice of fair use of my data as required by the Data Protection Act 1998,

 

9.A list of third party agencies to whom you have disclosed my personal data and a summary of the nature of the information you have disclosed.

 

10. Copies of statements for the entire duration of the credit agreement.

 

11. Any other documents you seek to rely on in Court.

 

I will require this information within the next fourteen days. I must advise you that of the information are not forthcoming, it will be reported to the Court that you are trying to frustrate proceedings and denying me the opportunity to file a defence and counter claim.

 

Yours sincerely,

 

XXXXX

Edited January 21, 2010 by jason_mnm

[slick132]

Hi Jason,

A few amendments below. I'd be pleased if anyone else has comments.

2. Transcriptions of all telephone conversations recorded and any notes made in relation to telephone conversations by MBNA.

 

4. True copies of any notice of assignment and/or default notice or enforcement notice issued by MBNA together copies of any proof of postage.

 

Re items 6 and 7, are these necessary as I don't think such charges are relevant to your case. In which case, leave them out.

9.A list of third party agencies to whom MBNA have disclosed my personal data and a summary of the nature of the information disclosed.