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Claim from MBNA / **DISCONTINUED**


gill5blue
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Hi

Just to clarify, I have not recieved 2 DNs I have recieved 1.

They sent me what they say is a 'copy', but it is not a copy- I think they lost the original?????? and supplied me with what they think I may have recieved. My original DN is different to their copy.

gill5blue

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Hi

I agree FB, I have just rang the court and they are going ahead, it has not been stayed, it has been moved to my local court.

About the DN do I carry on and go to court and then show the court the invalid DN or what is the procedure now?

gill5blue

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Do you have a copy of terms and conditions? because clause 3 in the default notice refers to late payments.

Click the red traingle to alert a mod for advice:)

Copy of T&C states late payments, you are correct

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Hi there,

 

You've said it is going to court and I am presuming that you waiting for a date for a hearing.

 

Restons, being creatures of habit, will probably apply for Summary Judgment.

 

When ( or maybe if ) they send the court documents, that is when you can introduce into your Witness Statement in opposition to summary Judgment.

 

For the moment, do NOT mention the defective Default Notice to Restons.

 

Just sit tight and wait to see which path Restons decide upon.

  • Haha 1

 

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Hi there,

 

You've said it is going to court and I am presuming that you waiting for a date for a hearing.

 

Restons, being creatures of habit, will probably apply for Summary Judgment.

 

When ( or maybe if ) they send the court documents, that is when you can introduce into your Witness Statement in opposition to summary Judgment.

 

For the moment, do NOT mention the defective Default Notice to Restons.

 

Just sit tight and wait to see which path Restons decide upon.

Cheers

i will wait and see what turns up in the post

Thankyou for helping

GILL5BLUE

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you need to be aware that until they terminate they can have as many goes as they like to get the DN right therefore they WILL obviously argue that you are just SAYING that you didnt receive the second DN to suit your case

 

hopefully their records will show different

 

for instance was the person issuing the second DN actually at work on the saturday

 

do they normally post letters written on a saturday

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Hi DD

What I think has happened is they have lost the original and tried to recreate it.

 

I requested the data they will rely on in court and they have only enclosed one copy of a DN and it is different to the one I actually received.

 

I think I am having trouble putting this accross on this thread!!!!

 

What would be the consequences if I can prove they tried to recreate a DN.

 

gill5blue

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well it is good because it weakens their whole credibilty with the judge

 

i just want to make sure that you have all your ammiunition in good order on this one

 

it would be a shame to blow it on some small technicality which is wy i suggested you pm someone like docman or ive got no money to have a butchers

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ty DD

I have recieved an allocation questionaire from the court

Im sure I will need to ask questions about that, I will be dealing with that over the weekend, and then I could include other questions.

gill5blue

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This is the point where restons make an application for sumary judgment , because they dont want to pay the fee to file their AQ, and they want to trash your defence.

 

When you get it, you need to rebutt everything in their witness statement.

Please note i have no legal training any advice i give comes from my own experience and from what i have learned on this site

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Hi

Just to clarify

the letter states 'a fee of £200.00 is payable by the claimant on the filing of their allocation questionnaire'

I took it they had already paid.

this was with the All Qest I have to fill out

gill5blue

Edited by gill5blue
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I can type most of it

It is attached to the AQ with the title 'Notice that a Defence has been filed'

An AQ is enclosed with guidance notes.

It must be completedd by ../../..

A fee of £200.00 is payable by the claimant on the filing of their AQ

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Oh right, no need to type anything, i see what you have now.

 

This is just a standard notice which the court sends out to BOTH parties, when the claimant has indicated his wish to continue

 

Its nothing to worry about at all

Please note i have no legal training any advice i give comes from my own experience and from what i have learned on this site

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gill

 

You should also get a noification that the case has been transferred to your local county court. I think that is where you have to send your AQ.

Arrow Global/MBNA - Discontinued and paid costs

HFO/Morgan Stanley (Barclays) - Discontinued and paid costs

HSBC - Discontinued and paid costs

Nationwide - Ran for cover of stay pending OFT case 3 yrs ago

RBS/Mint - Nothing for 4 yrs after S78 request

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  • 2 weeks later...

HI ALL PANICKING NOW

I got cold feet and did not want to face this form, but I am now dealing with it..........

 

I have succeeded in answering up to E. without help.

 

Can anyone advise or describe what proposed directions are?

cheers

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My defence was

'there is no regulated credit agreement between us' blah blah(shortened version)

and the default notice is invalid-I stated the dates

Edited by gill5blue
added default notice
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