MBNA county court Summons " Help Please

[DizzieDiva2010]

What was the date on the summons dizzie?

 

 

The issue date of the summons is 23rd April 2010.

[vint1954]

As you have already acknowledged, you now have until the 25th to file a defence of some kind.

[vint1954]

Embarassed defence?

This is where you do not have the documents to defend fully as you are requesting in CPR letter. You are embarrased that you cannot defend fully.

[vint1954]

You need to keep a very close eye on dates.

 

Make sure that the unlawful rescission letter goes of to MBNA monday recorded delivery

 

Most important that the CPR letter goes off to restons on monday morning recorded delivery.

 

If there are no documents received from restons by the 18th, another letter needs to go off, then file an embarrassed defence, but I cannot stress enough, that you need to keep an eye on the dates. Time has already been lost.

 

Do MBNA still own the debt.

[DizzieDiva2010]

Im not sure who owns the debt, i know that it has only just been passed to Restons and MBNA owned it before that.

 

Im getting the letters written up now ready to post Monday.

 

Thanks for your help much appreciated.

[vint1954]

Im not sure who owns the debt, i know that it has only just been passed to Restons and MBNA owned it before that.

 

Im getting the letters written up now ready to post Monday.

 

Thanks for your help much appreciated.

It will mention MBNA on the claim form that came from Northampton if they still own the debt.

[vint1954]

Once you get the CPR letter off and they do not comply by sending documents, which they usually don't, you give them another 5 days to comply. This letter needs to go off on the 18th May. Towards the end of that week, if they have not complied, then we can work out an embarrassed defence to file online.

 

The court will then send them a copy, giving restons 28 days to respond. If they don't respond, then the claim is stayed ( held in limbo ) and restons will have to apply for the stay to be lifted.

[DizzieDiva2010]

Ok. Well i come on here now once per day and i will keep everybody posted. I made a donation towards this site. I think its great that people help eachother like this.

[DizzieDiva2010]

A QUESTION;

 

How many defaults should they send me before going ahead with Court Procedings?

[vint1954]

A QUESTION;

 

How many defaults should they send me before going ahead with Court Procedings?

They only need to send one default notice and should only send one.

[DizzieDiva2010]

Question;

 

Do i have to send a postal order for £1.00 to request a CPR 31.14 ?

[cerberusalert]

Question;

 

Do i have to send a postal order for £1.00 to request a CPR 31.14 ?

 

No.

[DizzieDiva2010]

Thanks;)

[DizzieDiva2010]

What part am i thinking of then, where you have to pay £1.00 or £10.00, sorry this is all so confusing.

[DizzieDiva2010]

Im confused; where do I request copies of credit agreements and accounts statements under the Consumer Credit Act 1974, section 77-78 ? COSTING £1.00

 

and/or

 

Asking for all information a lender holds on you under the Data Protection Act 1984 and 1998 ? COSTING £10.00

 

I have sent off the CPR 31.14 can i request for these also or not ?

[wycombe]

You need to send a CPR 31.14 request to the people who issued the summons against you (the solicitors). This is to request copies of the documents they are going to rely on in court. You do not need to send payment for this. Reply in 7 days

 

The Subject Access Request you send to the original creditor (MBNA) with payment of £10. This should provide you with copies of all information that MBNA hold on you. You need to allow 40 days for them to do this.

 

The S78 request (the one that costs £1.00) is often sent before a Summons is issued and is for a copy of the original credit agreement. Most creditors (at least they have with me) always seem to provide an application form! Presumably this again goes to the original creditor.

[DizzieDiva2010]

Understood thank you.

[DizzieDiva2010]

Is there a copy on here of the letter " Data Protection Act 1988 " ? For quick access so that i can get it all in the post today.

[wycombe]

Link here to the Subject Access Request template letter:

 

http://www.consumerforums.com/resources/templates-library/86-debt-collectors/576-subject-access-request-debt-a-dca

[vint1954]

Having sent off the cpr letter, there is little point sending an s78 request.

 

The SAR should go to the original creditor.

[DizzieDiva2010]

Yesterday i sent recorded delivery the CPR 31.14 to Restons Solicitors and the Subject Access Request to MBNA.

 

Now I shall wait for a responce from both.

 

Thanks guys.

[vint1954]

They should get that today. Check on the Royal Mail website.

 

mark your diary for next tuesday. If nothing received by then, second letter needs to go off.

[Andyorch]

None response to a Sec 77/78 request has far more implications than not responding to CPR/SAR.I would advocate to anyone in receipt of a Court Summons to issue this request.The Claimant will remain in Default to such a request which may be used in ones Defence,non response to a CPR or SAR is part and parcel of the course.

 

Regards

 

Andy

[DizzieDiva2010]

Hi please explain a Sec 77/78 when should i send this?

 

In my Subject Access Request like the above Sec 77/78 i have requested a copy of my agreement.

 

To cover all angles shall i send this also ?

Edited May 11, 2010 by DizzieDiva2010

[Andyorch]

Section 77/78 request for the agreement, letter N in the templates.Cost you £1 use a Postal Order and dont sign neither, print name.Retain proof of postage.The Claimant has 12 days plus service to respond I normally advocate sending it as soon as in receipt of any summons then the time limit runs in line with any defence submission.

 

 

Andy

Edited May 11, 2010 by Andyorch