MBNA county court Summons " Help Please

[DizzieDiva2010]

Sorry Dizzie, I have deleted some messages if you want to try again.

 

Hey girl, thats fine, i have PMd you

[wish me well]

Ok then Dizzie

 

I will be back on tomorrow so catch you then.

 

Try and get some rest, it will all be sorted soon

 

Kindest wishes

[DizzieDiva2010]

Ok then Dizzie

 

I will be back on tomorrow so catch you then.

 

Try and get some rest, it will all be sorted soon

 

Kindest wishes

 

Cool, night sweet x

[wish me well]

Hi Dizzie,

 

Have you managed to copy that defence and tweek it?

 

I have to tell you that the Mould has helped me no end, if anything has been suggested, I would give consideration to help from him.

 

But anyway, that aside, I am going to try and look at your thread and see if there is anything else that needs to be added or taken out, after all as long as you deny all of the claims made against you in the embarrassed defence, we can add the detail on your final one when you have all of the info you need.

 

Ok hun, back soon

 

WMW

[vint1954]

No just vague and short.You will have chance at AQ to make them disclose what they intend to rely and have based their claim on.This is known as disclosure.

 

Andy

Fully agree, short and to the point.

 

If they don't rely on the DN, they have no cause to go to court

[vint1954]

DizzieDiva,

 

Termination of the account has occured, but the actions of MBNA are without legal excuse, the agreement is no longer live, you now are only liable for the arrears that were due before termination, that's all you can be held legally liable for, and this is because the default notice is invalid.

 

Do you understand what I am saying? (Please don't take that the wrong way)

 

If MBNA want any other money from you, then the agreement needs to be re-instated and you would need to consent to this, obviously you are not going to agree to this, MBNA are in breach of contract by their actions, you accept recission of contract as one of the three remedies that are available to you, but you still will owe any arrears that were due before the termination.

 

OK DizzieDiva, come back, Roger.

 

Kind Regards

 

The Mould

Less any claim for damages: Kpohraror v Woolwich Building Society [1996] 4 All ER 119

[wish me well]

Dizzie, I think that the embarrassed defence covers everything you need to for now.

 

In that defence you have accepted their termination, your are putting them to strict proof that they have a DN which is valid and needs to be provided for them to take you to cout. You are also requesting the alleged agreement to be provided so I think it is ok.

 

As no-one has yet posted anything shorter if you need to at least you have that to fall back on, and it is short enough to submit online.

 

I have done both options with regards to getting a defence to court, first cost me £10.95 and they apparantly never received it even though they have signed for it where as the one I submitted online was acknowledged straight away and you are able to print off the proof.

 

Ok hun good luck

 

WMW

[DizzieDiva2010]

Good Morning to you all

[DizzieDiva2010]

Dizzie, I think that the embarrassed defence covers everything you need to for now.

 

In that defence you have accepted their termination, your are putting them to strict proof that they have a DN which is valid and needs to be provided for them to take you to cout. You are also requesting the alleged agreement to be provided so I think it is ok.

 

As no-one has yet posted anything shorter if you need to at least you have that to fall back on, and it is short enough to submit online.

 

I have done both options with regards to getting a defence to court, first cost me £10.95 and they apparantly never received it even though they have signed for it where as the one I submitted online was acknowledged straight away and you are able to print off the proof.

 

 

k hun good luck

 

Im going to get it posted asap, then its done.

Far too much red tape in this country if you ask me. I really think CAB will be at all iv been getting up to

[DizzieDiva2010]

Dizzie, I think that the embarrassed defence covers everything you need to for now.

 

In that defence you have accepted their termination, your are putting them to strict proof that they have a DN which is valid and needs to be provided for them to take you to cout. You are also requesting the alleged agreement to be provided so I think it is ok.

 

As no-one has yet posted anything shorter if you need to at least you have that to fall back on, and it is short enough to submit online.

 

I have done both options with regards to getting a defence to court, first cost me £10.95 and they apparantly never received it even though they have signed for it where as the one I submitted online was acknowledged straight away and you are able to print off the proof.

 

Ok hun good luck

 

WMW

 

Your a Star

[DizzieDiva2010]

Your a Star

 

 

Wmw

 

Im going to send a reply to Restons response to the CPR 31.14, im more interested in showing them my persistance than loosing the postage and wasting paper, of which i agree with with you it is a waste.

 

Here the fight begins peeps

[AndyOrch]

Heres an alternative and far more suitable to your case and P.o.C.

Just submit on line dont bother with hard copies a waste of money/time IMHO.

 

A defence should be deal with the claimants pleading and not be complicated and long in these matters. It should not contain references to cases etc. Do not forget you may have to argue that which is contained in your defence and so you need to understand that to which you are endorsing a statement of truth. Until the claimant pleads in an appropriate manner, you should not reveal all your 'cards'. I suggest a defence as follows:-

 

1. The particulars of claim discloses no cause of action and are self evidently an abuse of process, in that they fail to deal with the basic rules of pleadindg in accordance with the CPR (even allowing for the constraints of the bulk issue system).

 

2. Further to that above the defendant is unable to plead effectivley or at all. The defendant is embarassed.

 

The above is all you need to place in the defence.

 

You should write to the claimants solicitors as follows:-

 

Futher to your letter dated re CPR request

 

Please serve amended particulars of claim and plead yor clients case in an appropriate manner within 7 days, so that I am aware of the case I will have to meet at trial. I request that you attach to the particulars a copy of the agreement upon which the claimant relies. The matter will be transferred to my home court and the claimant will have to produce the document, in any event. In those circumstances you should plead in accordance with the CPR rather than the Northampton county court regime.

 

Failure to provide that requested in the time period provided for will result in application to the court. I confirm a copy of this letter will be produced to the court when the question of costs falls to be decided'.

 

 

 

Andy

[vint1954]

Heres an alternative and far more suitable to your case and P.o.C.

Just submit on line dont bother with hard copies a waste of money/time IMHO.

 

A defence should be deal with the claimants pleading and not be complicated and long in these matters. It should not contain references to cases etc. Do not forget you may have to argue that which is contained in your defence and so you need to understand that to which you are endorsing a statement of truth. Until the claimant pleads in an appropriate manner, you should not reveal all your 'cards'. I suggest a defence as follows:-

 

1. The particulars of claim discloses no cause of action and are self evidently an abuse of process, in that they fail to deal with the basic rules of pleadindg in accordance with the CPR (even allowing for the constraints of the bulk issue system).

 

2. Further to that above the defendant is unable to plead effectivley or at all. The defendant is embarassed.

 

The above is all you need to place in the defence.

 

You should write to the claimants solicitors as follows:-

 

Futher to your letter dated re CPR request

 

Please serve amended particulars of claim and plead yor clients case in an appropriate manner within 7 days, so that I am aware of the case I will have to meet at trial. I request that you attach to the particulars a copy of the agreement upon which the claimant relies. The matter will be transferred to my home court and the claimant will have to produce the document, in any event. In those circumstances you should plead in accordance with the CPR rather than the Northampton county court regime.

 

Failure to provide that requested in the time period provided for will result in application to the court. I confirm a copy of this letter will be produced to the court when the question of costs falls to be decided'.

 

 

 

Andy

This is the one to use, when the time comes. You have some while to go yet.

 

They must supply the DN as MBNA will need to have issued one, before taking action.

 

If the agreement is illegible, then tell them so. If they are insisting that they have supplied the agreement and all terms and conditions, then use CPR 31.15 to gain sight of the agreement, which will be dificult for them, as they wont have the original.

[vint1954]

Here is a CPR 31.15 letter to use, should you need it.

 

Dear Sir,

 

Re: xxxxxxxxxxxxxxx v xxxxxxxxxxxxxxxxxx

Case No: xxxxxxxxxxxxxx

CPR 31.15 Request

Further to the above case number, I have sought a copy of the original agreement that you mention in your POC. Despite numerous requests under CPR 31.14, you have failed to supply this document, supplying only a one sided application form and a truncated section of terms.

Both of the documents that you have supplied are inadequate and illegible, obviously being unfit for the purpose of my defending your claim.

In an attempt to again resolve this issue, I now require sight of the original executed agreement, as I am allowed to do under CPR 31.15.

You will note that under this rule, you must allow me inspection or the original document within 7 days of the date of this letter.

 

I look forward to your urgent response.

 

Yours faithfully

 

Dizzie

c.c. Northampton County Court Manager.

[DizzieDiva2010]

Read, looks brief & to the point, thanku.

[wish me well]

Hi Dizzie,

 

Andy's defence is great and to the point, although I would add, just for your peace of mind,

 

Therefore the defendant denies all of the allegations made in this claim and puts the claimant to strict proof.

 

As you dont need chapter and verse on the cases used, just a brief understanding on the points you are quoting I dont see personally why its a problem but I am still learning so please consider all of the options that are being giving to you hun, and the default notice is defective, once you have pointed this out to the other side that you know this it gives them the option of discontinuance. You havent actually told them that it is, but you havent said that it isnt either!!

 

The illegible agreement thing may not be enough to win, I will post up why it a little while.

 

Ok hun

 

Take care

 

wmw

[The Mould]

Hello there DizzyDiva,

 

Might I suggest that you telephone those robots today and inform of the fact that they are bringing an action against you on the foundation of an invalid default notice, therefore their claim cannot proceed, and as they have started these proceedings without legal excuse they are in breach of contract and you have three (3) alternative remedies available to you, as the Non-breaching party you accept recission of the contract, their actions have terminated the agreement and the agreement is no longer live.

 

The other two (2) remedies are;

 

i) An action for money damages or,

 

ii) An action for specific performance.

 

They would now need your consent in order to re-instate the agreement so that it would be ignited (Live).

 

Why don't you give them a call and politely argue these facts with them, and state to them that as a result of their actions, based on an invalid default notice, you are now only liable for any arrears that were due before termination, but you have a claim against them for the unlawful default notice, so if they are willing to discontinue with their claim, then you will agree that is the end of this dreadful matter, and you want it in writing.

 

Have a go and see how you get on, it is perfectly alright and legal to communicate with your opponent right up until the proceedings, even on the steps to the court house.

 

Kind Regards

 

The Mould

[wish me well]

Ok that illegible thing, here it is:

 

12 Test cases in the High Court in Manchester are aimed at settling a number of contentious issues about the interpretation of the law:

 

The OFT's guidance which is being used in these test cases:

 

In particular the regulator points out that it is perfectly legal and proper for a bank that has lost the original loan agreement, or whose copy is illegible, to supply an accurate "reconstituted" version instead, to show that the agreement did in fact include the information specified by the Act.

 

 

wmw

[The Mould]

Ok that illegible thing, here it is:

 

12 Test cases in the High Court in Manchester are aimed at settling a number of contentious issues about the interpretation of the law:

 

The OFT's guidance which is being used in these test cases:

 

In particular the regulator points out that it is perfectly legal and proper for a bank that has lost the original loan agreement, or whose copy is illegible, to supply an accurate "reconstituted" version instead, to show that the agreement did in fact include the information specified by the Act.

 

 

wmw

 

Hello there WMW,

 

Obviously the OFT is bent, court proceedings, no matter whether civil or criminal are based on fact alone, it is with the facts that the court is able to determine and give the authorotive and righteous judgment.

 

If the creditor cannot supply the original agreement or if the copy is illegible, I would say it can never be accepted as fact that to supply a 'Reconstructed' version is indeed accurate or that it does indeed comply with the language prescribed in the said Act, because the element of doubt in these such circumstances will prevail.

 

These comments are not against you WMW, I am just pointing out that the regulator is bent.

 

The element of doubt must be over come in any proceedings.

 

Kind Regards

 

The Mould

[wish me well]

Hello there WMW,

 

Obviously the OFT is bent, court proceedings, no matter whether civil or criminal are based on fact alone, it is with the facts that the court is able to determine and give the authorotive and righteous judgment.

 

If the creditor cannot supply the original agreement or if the copy is illegible, I would say it can never be accepted as fact that to supply a 'Reconstructed' version is indeed accurate or that it does indeed comply with the language prescribed in the said Act, because the element of doubt in these such circumstances will prevail.

 

These comments are not against you WMW, I am just pointing out that the regulator is bent.

 

The element of doubt must be over come in any proceedings.

 

Kind Regards

 

The Mould

 

Yes I know they are bent but we all know that sometimes the judge in the lower court doesnt even look at the letter of the law, well I suppose thats why they call it judge lottery. High court would surly have to abide by the laws not some corrupt bent OFT ruling.

 

You are right in what you have put, of course you are, I just think we need to cover more than just an illegible agreement if you get my jist

 

See Dizzie, The Mould will not steer you wrong.

 

Have you thought about phoning them?

 

Are you brave enough? The Mould is right, I am sure you know this already hun.

 

Kindest wishes

 

wmw

[The Mould]

OK DizzyDiva,

 

Signing off for a while, make that call and blind them with the light.

 

Watson, I will catch up with you later on in Baker Street.

 

Kind Regards

 

The Mould

[DizzieDiva2010]

[/qu

 

 

Hi, I want to reply to this response from Restons. Am i correct in reading that they are telling me that i cannot have my documents before my case??

 

Please could a member take a look at this reply to CPR 31.14 and my POC, and advise me on a responce to reply back with.

 

Also i would appreciate it if a member of the site team could bump my thread to the top.

 

Much appreciated. Dizzie

[stressedkitty]

Hi DizzyD,

I'm subbing your thread. This is just to wish you good luck. We're in the same boat and at the same time.

Someone with more experience will get back to you re the CPR request. They are obliged to fulfil your request. This is their way of trying to throw you. I have heard that Miss Tipping is, umm, awkward at best.

Keep that letter; shows they are not co-operating.

Can someone advise Dizzy on her response to the 'delightful' Miss Tipping please?

Good luck hun. Kitty x

[DizzieDiva2010]

Hi DizzyD,

I'm subbing your thread. This is just to wish you good luck. We're in the same boat and at the same time.

Someone with more experience will get back to you re the CPR request. They are obliged to fulfil your request. This is their way of trying to throw you. I have heard that Miss Tipping is, umm, awkward at best.

Keep that letter; shows they are not co-operating.

Can someone advise Dizzy on her response to the 'delightful' Miss Tipping please?

Good luck hun. Kitty x

 

Hi Kitty.

 

Im a newbie, but once i have experience i will glady help other members

Thanks for the advise, thats what i believe, they are obliged to fulfil my request? Reason why i want to reply STRAIGHT BACK with the correct response. I want them to realise that i will fight my case.

Its a very blunt letter i thought, i dont know why i was . Im learning.

Good luck to you also.

Dizzie

[maroondevo52]

 

Also i would appreciate it if a member of the site team could bump my thread to the top.

 

 

Hi, Dizzy.

 

When you post on your thread, this 'bumps' it to the top of the list, hence when people wright 'Bump' in a post it means Bring Up My Post

 

Regards.

 

Scott.