Restons sent me a blue court letter for Arrow about MBNA

[Quasar]

Re: Restons sent me a blue court letter for Arrow about MBNA

Morning,
I have tried to contact Restons, to no avail to give them a few more days.
Nothing in post at all, and checked with the missus just now and no post.

I am going to get the Recorded Delivery number at lunch and check that my letter has been signed for.

[Quasar]

Re: Restons sent me a blue court letter for Arrow about MBNA

OK, Checked the Royal Mail recorded Number,
My letter was delivered and signed for on the 29th August 2012
Yes i have kept my postage receipt.

[Quasar]

Re: Restons sent me a blue court letter for Arrow about MBNA

Ok got home and there IS a letters from Restons and i aint got a clue what any of it means.

Please see attached.





Hope you can asvise.

[charitynjw]

Re: Restons sent me a blue court letter for Arrow about MBNA

http://www.justice.gov.uk/courts/pro...t07/pd_part07e
CPR
PRACTICE DIRECTION 7E – MONEY CLAIM ONLINE

5.2Detailed particulars of claim must either be –

(1) included in the online claim form but must be limited in size to not more than 1080 characters (including spaces); or
(2) served and filed by the claimant separately from the claim form in accordance with paragraph 6 but the claimant must –
(a) state that detailed particulars of claim will follow; and
(b) include a brief summary of the claim,
in the online claim form in the section headed ‘particulars of claim’.
5.2A The requirement in paragraph 7.3 of Practice Direction 16 for documents to be attached to the particulars of contract claims does not apply to claims started using an online claim form, unless the particulars of claim are served separately in accordance with paragraph 5.2 of this practice direction.

I note that the POC on the claim form just mentions a 'contract'
This is a Consumer Credit Agreement - certain formalities, such as a Default Notice, are a statutory requirement; I would have thought that it would merit a mention in the POC, as enforcement of the full balance requires a compliant DN, followed by a termination.
The Notice of Assignment, which also must be compliant with the Law of Property Act, is what gives the new owner 'good title' to the debt - you have every right to view a copy of that document, which should have been automatically sent to you when the debt was purchased by Arrow.

[charitynjw]

Re: Restons sent me a blue court letter for Arrow about MBNA

Just a thought.

While it is true that solicitors are duty-bound to act in the best interests of their client, this should not include using expert legal knowledge to deliberately mislead a third party, especially one that is not legally represented.

See http://www.sra.org.uk/solicitors/han...1/content.page IB(11.7)

If you play foot-ball (haha, word filter :tung:*), you know, or should know the rules of your game.
Commit a foul, you get sanctioned!

So, should Miss H Cook/Restons be red-carded?

*The filter doesn't allow you to the write the word ********.
See!

[Quasar]

Re: Restons sent me a blue court letter for Arrow about MBNA

Hi,
Thanks for replies, which have confused me. Some pretty good legal jargon there which I dont understand....

What would i be writing back to Miss Cook ?

[Quasar]

Re: Restons sent me a blue court letter for Arrow about MBNA

Shall I send the letter back and still demand to see this "contract"
How would one word the letter.

[charitynjw]

Re: Restons sent me a blue court letter for Arrow about MBNA

Shall I send the letter back and still demand to see this "contract"
Yes, plus any other documentation which is applicable, & especially (but not limited to) that which they intend to rely on in court, & also any other information in their/their client's possession which may be detrimental to their case, but support your position.
How would one word the letter.
In your own words, but point out that you are a litigant in person, & as such you cannot be expected to understand the legal technicalities.

cccc

[Quasar]

Re: Restons sent me a blue court letter for Arrow about MBNA

I am useless at writing letters :

Please could you let me know if the below is ok ?
I also have not had any mail from the court or the MCOL website when i clicked to defend - as i cant log back in the see any status ?

Dear Sir Madam
Thank you for your letter 6^th Sept 2013
Ref : sf/hcc/1563657
It is imperative to my defense that you send me the copy of the Contract between myself and MBNA. I have every right to obtain a copy on the contracts and its full terms and conditions plus any other documentation which is applicable and especially ( but not limited to ) that to which you rely on in court.
I also request any other information on you or your clients possession that may be detrimental to your case but will also support my position.
Also with reference to your previous letter, please note that I am a litigant in person and as such you cannot expect me to understand full expert legal technicalities.
While it is true that you are duty-bound to act in the best interests of your client, this should not include using expert legal knowledge to deliberately mislead a third party, especially one that is not legally represented.

as per SRA : IB(11.7)
taking unfair advantage of an opposing party's lack of legal knowledge where they have not instructed lawyer.

Please provide documents as my per my initial request.
Kind Regards

[charitynjw]

Re: Restons sent me a blue court letter for Arrow about MBNA

If it were me, I would add that, notwithstanding their recent letter of 6th September, my position is that they have failed in their CPR duty to disclose the relevant documentation.
However, in the interests of justice, I am prepared to allow a further (7?) days for them to comply, or give a good reason why they cannot do so.

I would also copy the court case management into this.

[Quasar]

Re: Restons sent me a blue court letter for Arrow about MBNA

lost me there, do you mean add what you put above to the letter to restons or to the court ?

copy court case management ? you mean send them a letter to the address on the court docs ?

[Quasar]

Re: Restons sent me a blue court letter for Arrow about MBNA

deleted. duplicate post.

[Quasar]

Re: Restons sent me a blue court letter for Arrow about MBNA

oh dear, oh crap, looks like i am going to go to court.
Bloody restons and their nasty delay tactics :

Emailed the court and this is what they say : ( now im very nervous )

Good Afternoon

Thank you for your email

If you have requested further information and not received it then you can include that information in your defence. As explained before the court is unable to further extend your date to respond unless you make an application or agree an extension with the claimant.

If you choose not to file a defence by the date stated you should be aware that the claimant can request a Judgment (CCJ) by Default be issued against you.

If you are unsure please seek legal guidance.

If I can be of any further assistance please email again or contact our helpdesk on the telephone number shown below


Regards

Mrs Lynne McKenna
CCBC Emails

Northampton County Court Bulk Centre
21 -27 St Katharine's Street
Northampton
NN1 2LH

[charitynjw]

Re: Restons sent me a blue court letter for Arrow about MBNA

Refer posts #23 & #25.

My thoughts.
Letter/email to Restons, copy to court.

[wales01man]

Re: Restons sent me a blue court letter for Arrow about MBNA

Please seek legal guidance,might be the important part of the reply,looks like restons know how to work the system