MBNA / Restons Court Claim

[Mijasmom]

Re: MBNA / Restons Court Claim

My defence could be based on no knowledge of card being taken out by me, but very hard to prove.
I worked abroad during the time the card was taken out, which I am sure was by my sister, who loved at this address.
Sadly she has never admitted to taking card out and I can't force her hand at all as she has her own issues.
Also it's good old family!!!.

Can I offer a monthly payment or reduced settlement offer?
Thanks for all you help M1.

[mystery1]

Re: MBNA / Restons Court Claim

You can offer what you like. Whether they'll take it or not is a different matter.

M1

[Mijasmom]

Re: MBNA / Restons Court Claim

Thanks for keeping an eye on my thread M1.
No sleep last night as I feel the mistake may lead CCJ.
They have produced a CCA and all other documents from 2008 with my signature and personal details.
I don't have any money to pay this debt off and I don't know how to approach either Restons or Courts to discuss terms.
Do I admit the card existed or, do I enter any defence or what else..........??
Apologies but a bit desperate now.

[mystery1]

Re: MBNA / Restons Court Claim

The card existed. Trying to say it didn't is futile and depending on what course is taken will annoy a judge. They will have statements etc. That however does not mean it is recoverable as there may be statutory problems which assist. I doubt, for example, that s78 has been complied with as it requires a signed statement together with the original terms and the up to date terms.

Should you wish to settle either email or phone and stae the conversation is without prejudice save as to costs.

M1

[Mijasmom]

Re: MBNA / Restons Court Claim

M1 once again many thanks

Well think I have some breathing space!!!

Took my cancellation letter to Court first thing this morning and Restons were already on route.
Judge looked over my request and said it best if we complete the hearing.

One of the first statements from Judge was roughly along these lines:
"As the defendant has been clear in his requests since March for the claimant to supply all documents requested why has it taken a large Credit Card debt assignee company so long to produce said documents and also given the large quantity of documents only given the defendant, a Litigant representing themselves, 1 working day to study the documents"

"Secondly, although these documents also only arrived with the Court on Friday, I took a very cursory look through them myself this morning and I noted 3 different account references which you claim to be the defendants" Can you explain this Mr................... (Restons representative). Long Silence followed by lots's of BS about large Debt Assignee Companies such as MBNA do not always get all the Paperwork when the Bulk Purchase Debts. Judge said she found this comment very unsavoury!!!

The overall outcome was Court has given me 14 days to prepare defence.
Restons we not awarded any cost's for the production of the papers. (£1300).

Judge recommended that I talk to a professional mediator as it would be in my best interest.
She will review boxed documents when I submit within 14 days and make a judgement.
Trial would be too expensive.

Well thank goodness for the Judge insisting on the hearing.
Now I have mediation ammunition regarding the 3 account numbers.
Can you recommend anyone in the South East who can help?

M1 once again many thanks, I would be pulling my hair out without the help of this forum.

[mystery1]

Re: MBNA / Restons Court Claim

That's a decent result. Mediators are a waste of time. You're going to say either i don't want to pay or i can only afford shrapnel and they're going to say they want it all. Either do it yourself if you think you can achieve something or don't do it at all. This is quite a low amount isn't it ?

By the sounds of it your s78 defence is more substantial than just not having a statement.

M1

[Mijasmom]

Re: MBNA / Restons Court Claim

Well the amount is 11k so not massive but enough.

Apologies for being dim but what is S78?

[mystery1]

Re: MBNA / Restons Court Claim

Oh fast track. I confused you with someone who put xxxxx and meant a few hundred or just over a grand.

S78 is a cca request. Pay a quid and ask for a copy of the agreement.

I'd phone http://www.qualitysolicitors.com/how...le/paul-tilley if i were you. You found it so hard so far and this is the easier part.

M1

[Mijasmom]

Re: MBNA / Restons Court Claim

M1 your a star.

[Mijasmom]

Re: MBNA / Restons Court Claim

Thanks for your recommendation M1, Paul Tilley was really helpful and gave me great advice.
Once again LB forum comes up trumps and make you feel a lot better about everything.

I've made Restons a without prejudice offer for one off settlement or monthly payments and included a monthly budget sheet.
On Paul's advice I told them if they don't accept either offer, my defence will be to ask the Judge for a Time Order.

Paul said to submitt on an N440 form but confusing info from Debt Line as the say for Unsecured CC debt use N224.
As I've already submitted an N224 for the application to supply documents so should I use the N440 and what supporting documents should I send to the Courts?

Thanks all.