county court notice - Restons/mbna v me - help !

[Curlyben]

Re: county court notice - Restons/mbna v me - help !

Now potless1, if you would like our assistance please listen to what we have to say, rather than ignoring the advice and doing what you want,
There was NO need to file the AoS so early, but no matter.

Now you need to make Restons work for you and get all the information that they are referring to in their woeful POC.

Rather than typing this all out I'll post a link, it's easier.
This is the official way to force them to supply the required information and prove that the account is indeed yours.
DCA: Using CPR 31.14 to Your Advantage - Consumer Wiki

The reasoning behind the POC being woeful are:

• No paperwork included with claim, ie the agreement
• no mention of default or termination
• Incorrectly trying to claim s69 interest as this is NOT applicable to CCA claims
• Generally no cause of action shown

So you have a choice.

• Defend the whole thing and make Restons back down
• Counterclaim for charges and admit part
• Take a licking and a CCJ

Yoiur choice, but you MUST listen.

[potless1]

Re: county court notice - Restons/mbna v me - help !

i am listening curly honest , although i was given a default notice by MBNA which was in between my first & second requests for the CCA ! Here is the default notice:

http://i282.photobucket.com/albums/k...-boy/001-8.jpg

i have also done the acknowledgement & i have ticked "defend all"

[Curlyben]

Re: county court notice - Restons/mbna v me - help !

That is immaterial.

Ignore anything that MBNA have supplied as RESTONS are bringing the action.
THEY must comply with CPR (Civil Procedure Rules) or face the consequences.

Also that DN is NO way complies with CCA s87.

[potless1]

Re: county court notice - Restons/mbna v me - help !

have just started to fill the letter cpr 31.14 to reston's in, & need some help:

Prior to the issue of proceedings I had delivered a request for the production of the Consumer Credit Agreement (a readable copy) mentioned in the Claim Form and on which you rely. That request was ignored
Please treat this letter as my request made under CPR 31.14 for the disclosure and the production of a verified and legible copy of [each of the following / the] document(s) mentioned in your Particulars of Claim:



in the first paragraph i have filled that i request a CCA (a readable one) is this correct ? & in the second paragraph what do i need to ask for ?


once again sorry for my ignorance !

[Curlyben]

Re: county court notice - Restons/mbna v me - help !

Remove: (a readable copy) as that is a requirement under CCA anyway.
Well you also want statements of account and the default and termination notices as with out which this action isn't possible.

[potless1]

Re: county court notice - Restons/mbna v me - help !

so do i ask in the second paragraph for "statements of account and the default and termination notices"

i only put readable copy as they did send me a copy but it is impossible to read !

thanks

[potless1]

Re: county court notice - Restons/mbna v me - help !

i have got this far, please can you check for any mistakes!

Prior to the issue of proceedings I had delivered a request for the production of the Consumer Credit Agreement, mentioned in the Claim Form and on which you rely. That request was ignored
Please treat this letter as my request made under CPR 31.14 for the disclosure and the production of a verified and legible copy of statements of accounts and the default and termination notice document(s) mentioned in your Particulars of Claim:
1 The agreement. You will appreciate that in an ordinary case and by reason of the provisions of CPR PD 16 para 7.3, where a claim is based upon a written agreement, a copy of the contract or documents constituting the agreement should be attached to or served with the particulars of claim and the original(s) should be available at the hearing. Further, that any general conditions incorporated in the contract should also be attached.
2 The assignment*
3 The default notice*
4 The termination notice*
5 [any other documents mentioned in the Particulars of Claim]*
* delete if not mentioned in the Particulars of claim.

in the particulars of claim on the court notice it states:
the claimant claims payment for the overdue balance due from the defendant under the contract dated on or about 4.9.05 in the sum of £11071.96 inclusive of interest to the date of this summons ay 8% per annum from 1.5.09 to 2.6.09

particulars (my acc no.)

together with:
interest persuant to s69 county court act 19 at the rate of £242.67p per day to the date the judgement or sooner patment !

Thanks....

[Curlyben]

Re: county court notice - Restons/mbna v me - help !

Change That request was ignored to I am still awaiting full compliance.
you don't need #2 as it's still with the OC and '5 should read Any other document that you will reply on in court.

[potless1]

Re: county court notice - Restons/mbna v me - help !

SO AS THIS: (JUST SPOTTED UNDER 4 REGARDING THE SUM WHICH SAY'S NOT MORE THAN £5,000 WHICH IT IS MORE, WHAT SHALL I TAKE OUT & WHAT SHOULD I REPLACE IT WITH ?

CPR 31.14 Request
On 04 June 2009 I received the Claim Form in this case issued by you out of the Northampton County Court.
I confirm having returned my acknowledgement of service to the court in which I indicate my intention to contest all of your claim.
Prior to the issue of proceedings I had delivered a request for the production of the Consumer Credit Agreement, mentioned in the Claim Form and on which you rely. I am still awaitingfull compliance.
Please treat this letter as my request made under CPR 31.14 for the disclosure and the production of a verified and legible copy of statements of accounts and the default and termination notice document(s) mentioned in your Particulars of Claim:
1 The agreement. You will appreciate that in an ordinary case and by reason of the provisions of CPR PD 16 para 7.3, where a claim is based upon a written agreement, a copy of the contract or documents constituting the agreement should be attached to or served with the particulars of claim and the original(s) should be available at the hearing. Further, that any general conditions incorporated in the contract should also be attached.
2 The default notice*
3 The termination notice*
4 & any other document that you will rely on in court.
Although your claim is for a sum which is not more than £5,000.00 and will in all likelihood be allocated to the small claims track for determination upon my delivering a defence, at this moment in time I have not delivered my defence and the case has not been allocated to a track. In consequence the provisions of CPR 27(2) are of no effect and you should not seek to avoid compliance with your CPR 31 duties by claiming otherwise
You should ensure compliance with your CPR 31 duties and ensure that the document(s) I have requested are copied to and received by me within 7 days of receiving this letter. Your CPR 31 duties extend to making a reasonable and proportionate search for the originals of the documents I have requested, the better for you to be able to verify the document's authenticity and to provide me with a legible copy. Further, where I have requested a copy of a document, the original of which is now in the possession of another person, you will have a right to possession of that document if you have mentioned it in your case. You must take immediate steps to recover and preserve it for the purpose of this case.
Where I have mentioned a document and there is in your possession more than one version of that same document owing to a modification, obliteration or other marking or feature, each version will be a separate document and you must provide a copy of each version of it to me. Your obligations extend to making a reasonable and proportionate search for any version(s) to include an obligation to recover and preserve such version(s) which are now in the possession of a third party.
In accordance with CPR 31.15(c) I undertake to be responsible for your reasonable copying costs incurred in complying with this CPR 31.14 request.
If you require more time in which to comply with this request you must tell me in writing. You must tell me before the time for compliance with this request has expired. In telling me you require more time you must tell me what steps you have taken and propose to take in order to comply with this request and also state a date by when you will comply with this request. In addition your statement must be accompanied with a statement that you agree to an extension of the time for me to file my defence. Your extension of time must be not less than 14 days from the date when you say you will have complied with my request and you must state the new date for filing my defence.
If you are unable to comply with this request and believe that you will never be able to comply with this request you must tell me in writing.
Please note that if you should fail to comply with this request, fail to request more time or fail to agree to an extension of time for the filing of my defence, I will make an application to the court for an order that the proceedings be struck out or stayed for non-compliance and a summary costs order.
I do hope this will not be necessary and look forward to hearing from you.
Yours faithfully

[Curlyben]

Re: county court notice - Restons/mbna v me - help !

Remove this whole section

Although your claim is for a sum which is not more than £5,000.00 and will in all likelihood be allocated to the small claims track for determination upon my delivering a defence, at this moment in time I have not delivered my defence and the case has not been allocated to a track. In consequence the provisions of CPR 27(2) are of no effect and you should not seek to avoid compliance with your CPR 31 duties by claiming otherwise

as it does NOT apply.

[Amethyst]

Re: county court notice - Restons/mbna v me - help !

Although your claim is for a sum which is not more than £5,000.00

it is

[potless1]

Re: county court notice - Restons/mbna v me - help !

AS THIS ?

CPR 31.14 Request

On 04 June 2009 I received the Claim Form in this case issued by you out of the Northampton County Court.

I confirm having returned my acknowledgement of service to the court in which I indicate my intention to contest all of your claim.

Prior to the issue of proceedings I had delivered a request for the production of the Consumer Credit Agreement, mentioned in the Claim Form and on which you rely. I am still awaitingfull compliance.

Please treat this letter as my request made under CPR 31.14 for the disclosure and the production of a verified and legible copy of statements of accounts and the default and termination notice document(s) mentioned in your Particulars of Claim:

1 The agreement. You will appreciate that in an ordinary case and by reason of the provisions of CPR PD 16 para 7.3, where a claim is based upon a written agreement, a copy of the contract or documents constituting the agreement should be attached to or served with the particulars of claim and the original(s) should be available at the hearing. Further, that any general conditions incorporated in the contract should also be attached.

2 The default notice*

3 The termination notice*

4 & any other document that you will rely on in court.

You should ensure compliance with your CPR 31 duties and ensure that the document(s) I have requested are copied to and received by me within 7 days of receiving this letter. Your CPR 31 duties extend to making a reasonable and proportionate search for the originals of the documents I have requested, the better for you to be able to verify the document's authenticity and to provide me with a legible copy. Further, where I have requested a copy of a document, the original of which is now in the possession of another person, you will have a right to possession of that document if you have mentioned it in your case. You must take immediate steps to recover and preserve it for the purpose of this case.

Where I have mentioned a document and there is in your possession more than one version of that same document owing to a modification, obliteration or other marking or feature, each version will be a separate document and you must provide a copy of each version of it to me. Your obligations extend to making a reasonable and proportionate search for any version(s) to include an obligation to recover and preserve such version(s) which are now in the possession of a third party.

In accordance with CPR 31.15(c) I undertake to be responsible for your reasonable copying costs incurred in complying with this CPR 31.14 request.

If you require more time in which to comply with this request you must tell me in writing. You must tell me before the time for compliance with this request has expired. In telling me you require more time you must tell me what steps you have taken and propose to take in order to comply with this request and also state a date by when you will comply with this request. In addition your statement must be accompanied with a statement that you agree to an extension of the time for me to file my defence. Your extension of time must be not less than 14 days from the date when you say you will have complied with my request and you must state the new date for filing my defence.

If you are unable to comply with this request and believe that you will never be able to comply with this request you must tell me in writing.

Please note that if you should fail to comply with this request, fail to request more time or fail to agree to an extension of time for the filing of my defence, I will make an application to the court for an order that the proceedings be struck out or stayed for non-compliance and a summary costs order.

I do hope this will not be necessary and look forward to hearing from you.

Yours faithfully

OK TO SEND ?

[Curlyben]

Re: county court notice - Restons/mbna v me - help !

2 The default notice*

3 The termination notice*

4 & Any other document that you will rely on in court.

Remove the *'s and &

Do you understand what we are doing/asking for here ?

[potless1]

Re: county court notice - Restons/mbna v me - help !

you are asking for what evidence they have got to be shown against me & hopefully there is a flaw in their evidence ?

Also, do i sign the letter or just sign my name ?


Thanks

[Curlyben]

Re: county court notice - Restons/mbna v me - help !

Exactly.
Well seeing as their POC is already seriously flawed, the more TP's ("Bad" points) we can find the better.