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

[potless1]

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

GREAT ! I'll get this letter sent off first thing in the morning recorded delivery to Reston's & i'll let you know what they come back with. Just let me know if i have to sign it or type my name or don't it matter ?


http://i282.photobucket.com/albums/k...14requesta.jpg

http://i282.photobucket.com/albums/k...14requestb.jpg


Thanks

[Curlyben]

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

Good good,
Remember to keep the recorded letter slip and acknowledgement safe for possible later use
Don't ever hand sign anything. A handwriting font is fine.

So When does the defence have to be lodged ? (just seeing if you are paying attention)

[potless1]

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

By the 1st july ? 28 days now i have acknowledged.

[Curlyben]

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

That's it.
For now, once you have sent the letter, we'll wait and see what Restons have to say.

[potless1]

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

Thanks Curlyben ! you have been really helpful, as i said at the start & as you may have found out, this is all new to me so forgive my ignorance but all these CCA'S, CPR'S etc etc are thing's i've never had to worry about but now im one of the millions unemployed & in my 50's i suppose i will have to get used to it cos the job front does not look very bright !

Thanks again & to all the others who contributed, i will let you know what i get back from Reston's & we'll start again !

Cheers all

[potless1]

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

good morning all,
would it be ok to send the following:

Dear Sir,
Please can you remove your collection charges regarding MBNA Europe Bank Ltd v Myself as they are not allowed under OFT guidelines. I have attached a copy of the OFT charging for debt collection page which states this is unfair practice.
http://i282.photobucket.com/albums/k...tonCharges.jpg


please let me know what you think

thanks

[Curlyben]

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

NO.
Don't send this at all.
WAIT for Restons response to your CPR letter.

The charges will be addressed as and when we file a defence.
Please remember this is a serious matter and as such needs to be done in the correct manner.

[potless1]

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

ok curly, thanks, i will do as you say.

cheers

i'll keep you informed !

[pt2537]

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

well, the Default notice is a weeee bit buggered isnt it

the allegation is that para 8 requires you to pay xxxx yet that is not the case as the agreement you posteds provision of payments is certainly not condition 8

the Consumer Credit (Enforcement, Default and Termination Notices)Regulations 1983 (SI 1983/1561) require at Schedule 2

3A specification of:--

(a) the provision of the agreement alleged to have been breached; and

(b) the nature of the alleged breach of the agreement, specifying clearly the matters complained of; and either

(c) if the breach is capable of remedy, what action is required to remedy it and the date, being a date [not less than
fourteen days] after the date of service of the notice, before which that action is to be taken; or

(d) if the breach is not capable of remedy, the sum (if any) required to be paid as compensation for the breach and
the date, being a date [not less than fourteen days] after the date of service of the notice, before which it is to be paid.

now my submission would be that the default fails to state correctly the provision of the agreement alleged to have been breached thus leaving the default defective ala Woodchester and swain

[Curlyben]

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

Even better PT, Restons haven't even referred to it in their "wonderful" POC

And these "people" are supposed to be professionals, but the more actions of this type I see the more I'm concerned with the validity of some, so called, professionals in this field..
Seems they got their qualifications from a christmas cracker, allegedly..

[potless1]

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

hi pt & curly, this is all jargon to me, does what you are saying means i have a chance ?

once again
thanks for your help on here, its a great site for people like me & i'm glad i found it !

[Curlyben]

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

It means that MBNA should NOT of brought this action at all as they have failed to follow the correct procedure.
Hence the reasoning behind forcing Restons to disclose information.

[pt2537]

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

Confucius says Dont **** in the wind or you get wet trousers lol

Basically the failure to provide a default notice in the form prescribed by regulations means that the claim for the full amount will fail per the Judgment of Woodchester and Swayne

I would also raise an issue over the legibility of the document tooo, if it were a reply to a request under s78 then they are in breach of Reg 2 CCCNCDR1983

[potless1]

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

hi all, here is the SAR letter which i have altered slightly, please can you run over it for me & if all ok i will send it recorded delivery first thing tomorrow morning, do i leave the heading on also so that they cannot be nistaken for what i am asking for ?

Data Protection Act 1998
Subject Access Request

Mr Tools
xxxxxxxxx Avenue
xxxxxxxxxxxxxx
xxxxxxxxxxxxxx
West Yorkshire
POST CODE
26th March 2007
Telephone No. (you must think I`m daft [IMG]file:///C:/Users/oem/AppData/Local/Temp/msohtmlclip1/01/clip_image001.gif[/IMG])
Email: jules@xxxxxxxxxxx.com

COMPLIANCE DEPARTMENT
M B N A EUROPE BANK LTD
STANSFIELD HOUSE
CHESTER BUSINESS PARK
CHESTER
CHESHIRE
CH4 9QQ

Dear Sir/Madam,

I am requesting details held by your organization and I would like to remind you have until last post on the 24th June 2009 to supply me with all the information I am requesting. The Information Commissioner has asked to be advised if I do not receive the data I have requested by this date. At this stage I ask that you treat this as a Data Protection Act 1998 Subject Access Request and not a complaint. I also believe you may have some records regarding accounts I hold with yourselves acc no. Xxxxxxxxxxxxxxxx
& acc no. xxxxxxxxxxxxxxxxxx

I would be grateful if you would provide the following: -

• Full copies of all contracts which exist between myself and your organization, including copies of any documents you hold in support of same.

• Details of the identity of any individuals or organizations who have provided you with my personal information together with copies of any letters of instruction provided by them, or any contracts entered into between yourselves and the third party, and the relevant dates to which those contracts related.

• Copies of all documents which include any of my personal information including copies of any contracts or invoices, emails or computer records containing my personal information, or any records which pertain to this information.

• Full details and copies of any documents upon which you relied when you have provided my personal or financial information to any individual , organization or third party.

• Full copies or transcripts of any computer logs or database records kept in relation to myself or in relation to my financial or personal information.

• Full copies of any correspondence in postal, email or any other format which you have entered into with any individual, organization or third party which contains my personal or financial information, or which pertains to myself.

• Details of all systems you currently have in place to ensure my personal or financial information is kept securely, including details of those officers who currently have control of same, and at the time it was held or provided to a third party.

• Where any previous information or records held have been deleted or disposed of, the methods used to do so, including dates, certificates or references confirming details of destruction. Where you are unable to provide such certificates, please provide a declaration, signed by an authorized officer of your company, confirming the dates and methods of destruction of this data.

• Full hard copy print outs of any of my personal or financial information held in a digital, magnetic or any other format which is held in any archives, backups or other storage devices / locations.

• Your registration number with the Information Commissioners Office.

• Your Consumer Credit License number.

Where reference to emails is given above, these emails should be taken from your email servers or backups / archives held in a magnetic or digital format. These emails may not be present on a users local system, and may require the assistance of your IT department / IT providers, who you should contact immediately for their provision.

Please confirm whether you hold a physical file with details of my personal and / or financial information. If so, please provide details and dates of any instance when this file has left your control, to whom it has been communicated, the method of transportation / communication e.g. Royal Mail, courier, by hand, electronically. Please provide a full copy of this file Where my physical file has left your offices, please provide details of any precautions taken to ensure that my information has not been lost, stolen, misplaced or made available to anybody who does not have authorized access, including those who would use my information for the purposes of identity theft, or registered with any credit agencies. Please also confirm whether any of the documents held within the physical file are computer generated.

Under S.40 of The Administration of Justice Act 1970, if you believe you have provided my information to any organization, agent, or individual who could, or may have used it for unlawful purposes, you should contact me immediately, and provide full details of their identification and address, together with full details of any instructions you have provided to them. If you have forwarded or communicated my personal or financial information to any person, company, or organization, please provide a copy of the authority, signed and dated by myself upon which you have relied prior to doing so. As requested above, you should provide copies on any such communications.

Under the Data Protection Act 1984 / 1998, as a Data Controller, you are responsible for the complete retraction of all information provided to any third party, should I request you to do so, and have a duty to myself to ensure that any personal or financial information I have provided to you is kept securely, and is only communicated to those to whom I have given my express permission / authority.

I enclose a cheque in the sum of £10 to cover your fee. If you are unable to deal with this request, you should immediately forward it to the person within your organization responsible for Data Protection.

I will be filing in the Northampton County Court on the morning of 25th June 2009 for Non Compliance and damages, if I do not receive the documentation requested by last post on the 24th June 2009 . A post marked envelope bearing the date of 24th June 2009 does not mean I have received the documentation, unless you have a signature as having received it on the 24th June 2009.

For the purpose of your exercise I have enclosed a copy of my passport for identification purposes. I have been informed by the Courts I do not have to provide identification at all.

Might I remind you one County Court Judge is prepared to jail the Data Controller of the Royal Bank of Scotland for not providing information under the Subject Access Request and the stalling tactics used by the Data Controllers to buy time.

Yours faithfully


the date i have until i need to send all the info to the court is tues 30th June, is the date i have given them to comply (25th) reasonable time to recieve the SAR & get it to the court ?


thanks

[Amethyst]

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

You don't need to send the SAR, the CPR 31 request covers everything you need.

To comply with the Data Protection act they would have 40 days to supply your information so 24th June isnt right.

I know its frustrating and you want to do something but really for CPR request is all you can do for the moment.

If you want to send a SAR send the standard one, not this one.