Mbna / Restons

[TUTTSI]

Re: Mbna / Restons

When did you send off the CCA reqquest and was this before the summons was issued?

I would say tick no 3 because you are waiting for the CCA and the SAR and you do not know at the moment in time how much the charges will add up to and that is certainly going going to off set some of this debt?

Tuttsi

1. admit all the amount claimed and you want time to pay
2. admit part of the amount claimed
3. dispute the whole claim or wish to make a claim (a counterclaim) against the claimant
4. you need 28 days (rather than 14) from the date of service to prepare your defence, or wish to contest the courts jurisdiction
5. you do nothing, judgement may be entered against you

[summersun6]

Re: Mbna / Restons

The CCA was dated 15 June / sent 16th June
The summons was dated 16 June

Thanks Summersun:beagle:

[TUTTSI]

Re: Mbna / Restons

It looks like the summons and the CCA crossed in the post.

So by ticking 3 that is totally correct.

Tuttsi

The CCA was dated 15 June / sent 16th June
The summons was dated 16 June

Thanks Summersun:beagle:

[Curlyben]

Re: Mbna / Restons

Also send a CPR request to Restons, details here: DCA: Using CPR 31.14 to Your Advantage - Consumer Wiki

[TUTTSI]

Re: Mbna / Restons

Use Curlybens suggestion and send this letter to Restons changing the items in RED to your personal details.

Dear Sir,
Re: (Claimant's name) v (Your name) Case No:
CPR 31.14 Request
On (date) I received the Claim Form in this case issued by you out of the (Name) 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 agreement mentioned in the Claim Form and on which you rely. That request was ignored] [delete if no such request was delivered]
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:
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.
[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]#
# delete if claim for a sum exceeding £5,000.00
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

[summersun6]

Re: Mbna / Restons

Many thanks to all who have posted.:tinysmile_grin_t:

Another question I have is should I still be paying them each month as i am contesting the amount ? On the other hand, would the court look favourably on me continuing to pay ?
------------------------------- merged -------------------------------
So, recap : I have sent CCA, SAR, CPR requests and the "Acknowledgement of Service"
and I am trying to compile a list of charges from my statements.
I do not seem to have all my statements at the mo. but still searching.
Also I do not use either of the two programmes that the spreadsheets are based upon, so for the time being I have just listed them on my spreadsheet package.
I note when going through the charges that they were £25 pound to start with then changed to £12 over time, is this a problem ?

[TUTTSI]

Re: Mbna / Restons

I would continue to pay at least the minimum.

The reason why the charges dropped from £25 to £12 is that the OFT set that as the charges were far to high but there is no reason why they cannot refund you in full + interest at 8%.

Many thanks to all who have posted.:tinysmile_grin_t:

Another question I have is should I still be paying them each month as i am contesting the amount ? On the other hand, would the court look favourably on me continuing to pay ?
------------------------------- merged -------------------------------
So, recap : I have sent CCA, SAR, CPR requests and the "Acknowledgement of Service"
and I am trying to compile a list of charges from my statements.
I do not seem to have all my statements at the mo. but still searching.
Also I do not use either of the two programmes that the spreadsheets are based upon, so for the time being I have just listed them on my spreadsheet package.
I note when going through the charges that they were £25 pound to start with then changed to £12 over time, is this a problem ?

[summersun6]

Re: Mbna / Restons

What is the next step ? I feel like I should be doing something more ?

Thanks
Summersun:tinysmile_hmm_t2:

[TUTTSI]

Re: Mbna / Restons

Have you written to Restons?

If you have the ball is fairly and squarely in their court.

You need the SAR and the CCA from MBNA and to work out your charges and put this on a spreadsheet.

Tuttsi

[summersun6]

Re: Mbna / Restons

Yes Tuttsi, I sent the CPR request to Restons yesterday by recorded post. What happens if Restons do not reply before the court date or even just before the court date, leaving me little or no time to compile a defence ?

Summersun

[MIKE770]

Re: Mbna / Restons

Yes Tuttsi, I sent the CPR request to Restons yesterday by recorded post. What happens if Restons do not reply before the court date or even just before the court date, leaving me little or no time to compile a defence ?

Summersun

Tuttsi is away for a break, so I have asked for assistance for you>

[Amy]

Re: Mbna / Restons

Yes Tuttsi, I sent the CPR request to Restons yesterday by recorded post. What happens if Restons do not reply before the court date or even just before the court date, leaving me little or no time to compile a defence ?

Summersun

To recap; you have sent the acknowledgement of service - is this correct?

What date must the defence be submitted by?

[summersun6]

Re: Mbna / Restons

Sorry, didn't see your reply appear. The date of service was 16th June, so 28 days from then I assume ? So 14th July maybe ?
Oh yes, acknowledgement of service was done online.

[MIKE770]

Re: Mbna / Restons

Sorry, didn't see your reply appear. The date of service was 16th June, so 28 days from then I assume ? So 14th July maybe ?
Oh yes, acknowledgement of service was done online.

Bump

[MIKE770]

Re: Mbna / Restons

Sorry, didn't see your reply appear. The date of service was 16th June, so 28 days from then I assume ? So 14th July maybe ?
Oh yes, acknowledgement of service was done online.

Amy?