County Court Claim received MBNA\Restons

[royalblue1878]

Hi LB,

 

No probs.

 

 

I was sent an N149 even though the claim was over 7K (maybe by mistake I am not sure)

 

A. looks fine but I actually said yes to negotiate to appear willing to avoid court. (My negotiations would have been to drop the claim or suffer costs).

 

In the event the claim was stayed for a month.

 

B. Fine

 

C. If you say so, this option was not on the N149.

 

D. As C

 

Track This is C in a 149 and it is only for agreeing to small claims.

 

E. Again a little different in 149, but it's impossible to say when a date may be arranged, I am not sure but you may be able to change dates later on if you really cannot go.

 

G. Again not in 149.

 

H. Fine.

 

I did send the Aq to Restons and the Court, again to appear polite and helpful, I got nothing from Restons though.

 

F. Looking at mine and yours it seems to me to be fine. Very similar Draft and the same sort of info in the 'other information' bit. (which is I on your form)

 

My case differs a little in that I didn't even receive an application form. I actaully got a letter explaining they did not have the original and would rely on a reconstructed agreement. I used this letter in a an application for strike out (after the 1 month stay) Restons then offered to discontinue!

 

Hopefully someone else may be able to check it over as well but to me it looks Ok.

Edited April 5, 2010 by royalblue1878
spelin!

[LB145]

Thanks Royalblue - much appreciated - even when feeling confident you need that reassurance from the experienced

Edited April 5, 2010 by LB145
spelling

[royalblue1878]

You're welcome!

 

If you come across the easily legible agreement bit you refer to in post 169, can you post a link? I think I may need that in the near future!

 

I did come across this but cannot find any mention of legibilty! It's probably there, I just can't find it!

 

b.) if the agreement is not legible (see regulation 2 of the Consumer Credit (Cancellation Notices and Copies of Documents) Regulations 1983)

 

The above was from a post by Steven4064

http://www.consumeractiongroup.co.uk/forum/general-debt-issues/162851-consumer-credit-agreements-guide.html#post1747746

[LB145]

Whilst searching I came across this - is it relevant?????

 

http://www.justice.gov.uk/docs/cp2807-rules.pdf

"The Consumer Credit Appeals Tribunal Rules 2008"

 

Page 3

 

“the 2007 Regulations” means the Money Laundering Regulations 2007(a);

“appeal” means an appeal to the Tribunal under section 41(1) of the 1974 Act or under

regulation 44(2)© of the 2007 Regulations or, where the context requires, an appeal from the

Tribunal to the Court of Appeal or the Court of Session;

“appellant” means a person who makes an appeal to the Tribunal;

“applicant” means a party who seeks permission to bring an appeal to the Court of Appeal or

the Court of Session against a decision of the Tribunal;

“direction” includes any direction or order given or made by the Tribunal;

“document” means anything in which information is recorded in any form, and an obligation

under these Rules to provide or allow access to a document or a copy of a document for any

purpose means, unless the Tribunal directs otherwise, an obligation to provide or allow access

to such a document or copy in a legible form or in a form which can be readily made into a legible form;

[LB145]

Consumer Credit Act 1974 (c. 39) - Statute Law Database

 

61. Signing of agreement. — (1) A regulated agreement is not properly executed unless—

(a)

a document in the prescribed form itself containing all the prescribed terms and conforming to regulations under section 60(1) is signed in the prescribed manner both by the debtor or hirer and by or on behalf of the creditor or owner, and

(b)

the document embodies all the terms of the agreement, other than implied terms, and

©

the document is, when presented or sent to the debtor or hirer for signature, in such a state that all its terms are readily legible.

[royalblue1878]

I am not really sure.

 

I haven't seen that before. (2008 changes)

 

Post 180. is that the bit we are looking for?

 

It only says when 'presented for signature' That could be enough though.

[LB145]

Lets hope someone else who knows may be able to confirm

[vint1954]

Hi LB,

 

Did not get your PM until today.

 

You may want to add text in red, if you made a CPR request.

 

The claimant has to date in response to a request under s78 CCA and latterly under CPR 31.14, has not supplied any legible document which is a properly executed agreement between MBNA Europe and XXXXXXXX. That which has been supplied has been an extract from a pre contractual application form which is not easily legible and devoid of any prescribed terms and conditions within the signature document, or any other terms and conditions.

[LB145]

Cheers Vint - i will add that in.

 

Typical how's my luck (not in my favour as usual) my son printed a massive document for his AS project last night and i now have just got a "no ink" message not even bl***dy low so I a am hastily on my way to get ink - if I haven't mentioned before I am using the buses! Have to get back, print off and start my journey!!!

[royalblue1878]

Section 61 (1) © Is correct for illegible agreements.

 

Just confirmed by Slick.

 

Good luck.

[supasnooper]

LB145 - Please can you explain why you wish to go for Small Claims track.

 

Although going SCT may save you paying costs if you lose; the disclosure rules are poor and could benefit Restons if the Judge doesn't order disclosure.

 

Fast Track Allocation will get you better disclosure of documents.....or not if Restons don't have them. ...... but Fast Track does mean exposure to costs.

 

However, I'm sure Restons will not send you a copy of their AQ and they will elect for a Summary Judgment hearing.

Edited April 6, 2010 by supasnooper
typo

[LB145]

LB145 - Please can you explain why you wish to go for Small Claims track.

 

Although going SCT may save you paying costs if you lose; the disclosure rules are poor and could benefit Restons if the Judge doesn't order disclosure.

 

Fast Track Allocation will get you better disclosure of documents.....or not if Restons don't have them. ...... but Fast Track does mean exposure to costs.

 

However, I'm sure Restons will not send you a copy of their AQ and they will elect for a Summary Judgment hearing.

 

I thought it should be Fast Track because of the amount - after lots of research it kept coming up that as it was straight forward that it could requested to be allocated to SCT - I requested advice all over the past week and the AQ had to be in court today - so I went with what I thought was right. It's only requested - does the Judge still make the decision and could put it through Fast Track.

 

Do Restons have to put their AQ by today or do they get longer?

 

If I have messed up is it to late to correct - suddenly my confidence has gone.

[MARTIN3030]

Judge will make the decision yes-irrespective of whats in your AQ.

 

Dates for AQ should be the same-so Restons had the same timescale as you did.You could call the Court to ask if its been filed.

 

Not too clear on what you feel needs changing ?

[LB145]

Judge will make the decision yes-irrespective of whats in your AQ.

 

Dates for AQ should be the same-so Restons had the same timescale as you did.You could call the Court to ask if its been filed.

 

Not too clear on what you feel needs changing ?

 

SS panicked me for a moment about choosing the wrong track, iit reminds me of being back in school and needing your teacher to mark your work, only to find you could have got an A if you had read more, tweaked your essay or waited for assistance.

 

Just spoken to the courts Reston's filed their AQ on the 5th, I asked for a copy and she said that she would have to ask the clerk.

[MARTIN3030]

Filed on 5th ?

That was bank holiday-so they must have faxed it.

[supasnooper]

LB145, my post wasn't meant to cause you panic.

 

I was curious as to why you had elected for SCT that's all.

[LB145]

LB145, my post wasn't meant to cause you panic.

 

I was curious as to why you had elected for SCT that's all.

 

No problem - slept on it - panic over (blonde!! remember!) Requested the courts send me a copy of the otherside - so hopefully they will.

[LB145]

Filed on 5th ?

That was bank holiday-so they must have faxed it.

 

It made me check twice at yesterdays date and the one stamped by the clerk on my copy just to check that I had got the date right - do they get double or treble time for working bank holiday???

Edited April 7, 2010 by LB145
spelling#

[LB145]

Today received very thin envelope from MBNA for my SAR information request, they also returned my £10 postal order

 

I requested the following: Red is what has been sent by MBNA

 

1. The agreement, a true copy of both sides of the original agreement COPY OF APPLICATION FORM SAME AS ALWAYS PREVIOUSLY SENT

 

 

2.The Default Notice COPY OF DEFAULT NOTICE

3.The Termination Notice

 

4.The MBNA Comms log relevant to this account (COPY OF COMMS LOG - SHOWING THAT THEY SEARCHED THE VALUE OF MY PROPERTY AND ANY EQUITY AVAILABLE WAY BACK IN OCTOBER - IT SHOWS THE NOTICE OF DEFAULT BUT DOES NOT SHOW THE POSTAGE SERVICE DETAILS?)

 

5. Any other documents mentioned in Particulars NOTHING ELSE ENCLOSED

 

6.Copies of documentation held on me and those that have been passed onto a third party - NOTHING ELSE ENCLOSED - NO COPIES OF LETTERS OR INFORMATION GIVEN TO RESTONS ETC.

Edited April 20, 2010 by LB145
sOMETHING FELL ON THE KEYBOARD AND SUBMITTED BEFORE I WAS READY

[LB145]

Sorry If Anyone Got That Garbled Version Of The Previous Posting - Stapler Fell On The Keyboard And Hit The Submit Button - I Haven't Quite Lost The Plot Yet!

[supasnooper]

I'd inspect the Comms Log more closely.

 

Look at the date the DN was issued - does it tie up ?

 

Look at the account balance when it was sent - is this correct ?

 

Check everything.

 

Also check the entries against anything Restons have sent you.

Have a look at this post as to why - http://www.consumeractiongroup.co.uk/forum/show-post/post-2205472.html

Edited April 21, 2010 by supasnooper
spelling

[LB145]

Hi SS - Thanks for pointer, what are your views on the info below:

 

The last monthly statement from MBNA was 09/2009 with Min payment required £976.29 Balance: £7216.78

 

The "Notice of Sums in Arrears" dated 03/11/2009 states Account Balance £7639.42 - minimum payment for Sep 2009 £197.11 (not £976.29 as on above statement) Arrears £1,183.97

 

The DN dated 03/11/2009 (same day) shows account balance as £7431.46 - Payment of £976.29 required

 

The comms log shows the NOD but does not say about postage and also showing the "Notice of Sums Arrears"

 

Last entry on Comms Log 02/12/2009 Refferred to Restons

 

 

SS - Does this make any sense to you?

[LB145]

Hi Redfish - I was reading your thread last night - I think ours are similar - just Application Form!

[LB145]

SS - The Default Balance on the "Particulars of Claim" is £7651.42 - another different figure

 

Am I putting up to much info with the actual figures?

[LB145]

Also - what do I do with the returned PO for £10 - take it and get my cash back? - I defiantely could do with that £10 today - midweek and the fridge is looking rather empty - teenagers eat food quicker that I can unpack it!!!