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Hi,
My original post was on the Credit Cards area but think that perhaps it would be better under this forum.
MBNA/Restons IMMINENT COURT ACTION - Legal Beagles Consumer Forum
September 2009 Moved in with folks due to ill health and contacted C.A.B.
17/09/09 CAB wrote to MBNA notifying them that they were dealing with my debts, change of address, requesting CCA etc
23/9/09 MBNA wrote back with basic information amount of debt, no CCA though
21/10/09 CAB wrote to MBNA with Common Financial Statement and pro rate payment offer
11/02/10 MBNA wrote to me at CAB Address "Unable to contact letter"
4th May 2010 Letter from Reston’s claiming immediate payment of the overdue balance on credit card
17th May 2010 Emailed Reston’s informing them they should be speaking with C.A.B. and forwarded a copy of the Common Financial Statement.
27th May 2010 Letter from Reston’s informing me that “the offer or repayment is insufficient to halt commencement of legal proceedings”
2nd June 2010 Receive a County Court Claim Form for the debt, £14k + costs
7th June 2010 Letter to Reston’s (Letter A)
7th June 2010 Formal letter of Complaint to MBNA and cc’d Reston’s (Letter B)
8th June 2010 Reply from Reston’s disputing that the letter of the 7th (Letter A) is from me as it is unsigned
9th June 2010 Letter to Reston’s confirming that the letter of the 7th (Letter A) was in fact from me and clearly quoting references etc
11th June 2010 Standard reply from MBNA investigating Formal Complaint made on 7th June (Letter B)
16th June 2010 Acknowledgement of Service Filed online
21st June 2010 Defence of Claim filed citing failure of Reston’s/MBNA to provide the documents requested on 7th June 2010 as preventing me from being able to defend the claim…… and additionally requesting an Enforcing Order be applied to the Claimant (essentially added my letter of the 7th Letter A to the defence)
21st June 2010 Reply from MBNA regarding Formal Complaint and inability to comment as the matter has been passed onto Reston’s now (Letter C)
23rd June 2010 Letter to MBNA requesting 1) Clarification of who owns the debt and 2) their Final Response (Letter D)
30th June 2010 Reply from MBNA to Final Response request (Letter D) PLUS a copy of a letter dated 30/10/2009 “supposedly sent to me at Parents Address” but with no signature or from any specific person (Letter E)
9th August 2010 Allocation Questionaire sent to Court and copied to Reston’s specifically requesting once again an Enforcing Order for the information requested on the 7th June (Letter A) and Sanctions to be imposed on the Claimant for failure to comply with the Pre Action Protocols.
11th August 2010 Received Reston’s Allocation Questionaire – costs now risen to £6500 on top of the debt and requesting Summary Judgement
17th August 2010 Received letter from Reston’s regarding “Application Notice” and “Notice of Hearing Application” plus bundle of “Evidence” from Reston’s/MBNA which comprises the information requested on the 7th June (Letter A)
23rd August 2010 Posted recorded delivery CPR 31.14 Request.
Ok i realised i "cocked up" on the defence part and now know i should have filed an "Embarressed Defence".......
MAJOR Points to note
1) MBNA continue to send information to my "OLD" address - a neighbour is looking after the house and has been disposing of the post as I am housebound currently (but my parents popped over when they were in the area and I have a March 2010 statement)
2) Consequently I never actually received any Default Notices or any other communiques from MBNA
3) "CCA" - not a CCA?? I personally dont think so.......
Where do i go from here? (still reading posts - brain overload!!)
My original post was on the Credit Cards area but think that perhaps it would be better under this forum.
MBNA/Restons IMMINENT COURT ACTION - Legal Beagles Consumer Forum
September 2009 Moved in with folks due to ill health and contacted C.A.B.
17/09/09 CAB wrote to MBNA notifying them that they were dealing with my debts, change of address, requesting CCA etc
23/9/09 MBNA wrote back with basic information amount of debt, no CCA though
21/10/09 CAB wrote to MBNA with Common Financial Statement and pro rate payment offer
11/02/10 MBNA wrote to me at CAB Address "Unable to contact letter"
4th May 2010 Letter from Reston’s claiming immediate payment of the overdue balance on credit card
17th May 2010 Emailed Reston’s informing them they should be speaking with C.A.B. and forwarded a copy of the Common Financial Statement.
27th May 2010 Letter from Reston’s informing me that “the offer or repayment is insufficient to halt commencement of legal proceedings”
2nd June 2010 Receive a County Court Claim Form for the debt, £14k + costs
7th June 2010 Letter to Reston’s (Letter A)
7th June 2010 Formal letter of Complaint to MBNA and cc’d Reston’s (Letter B)
8th June 2010 Reply from Reston’s disputing that the letter of the 7th (Letter A) is from me as it is unsigned
9th June 2010 Letter to Reston’s confirming that the letter of the 7th (Letter A) was in fact from me and clearly quoting references etc
11th June 2010 Standard reply from MBNA investigating Formal Complaint made on 7th June (Letter B)
16th June 2010 Acknowledgement of Service Filed online
21st June 2010 Defence of Claim filed citing failure of Reston’s/MBNA to provide the documents requested on 7th June 2010 as preventing me from being able to defend the claim…… and additionally requesting an Enforcing Order be applied to the Claimant (essentially added my letter of the 7th Letter A to the defence)
21st June 2010 Reply from MBNA regarding Formal Complaint and inability to comment as the matter has been passed onto Reston’s now (Letter C)
23rd June 2010 Letter to MBNA requesting 1) Clarification of who owns the debt and 2) their Final Response (Letter D)
30th June 2010 Reply from MBNA to Final Response request (Letter D) PLUS a copy of a letter dated 30/10/2009 “supposedly sent to me at Parents Address” but with no signature or from any specific person (Letter E)
9th August 2010 Allocation Questionaire sent to Court and copied to Reston’s specifically requesting once again an Enforcing Order for the information requested on the 7th June (Letter A) and Sanctions to be imposed on the Claimant for failure to comply with the Pre Action Protocols.
11th August 2010 Received Reston’s Allocation Questionaire – costs now risen to £6500 on top of the debt and requesting Summary Judgement
17th August 2010 Received letter from Reston’s regarding “Application Notice” and “Notice of Hearing Application” plus bundle of “Evidence” from Reston’s/MBNA which comprises the information requested on the 7th June (Letter A)
23rd August 2010 Posted recorded delivery CPR 31.14 Request.
Ok i realised i "cocked up" on the defence part and now know i should have filed an "Embarressed Defence".......
MAJOR Points to note
1) MBNA continue to send information to my "OLD" address - a neighbour is looking after the house and has been disposing of the post as I am housebound currently (but my parents popped over when they were in the area and I have a March 2010 statement)
2) Consequently I never actually received any Default Notices or any other communiques from MBNA
3) "CCA" - not a CCA?? I personally dont think so.......
Where do i go from here? (still reading posts - brain overload!!)
