URGENT restons using incorrect address when taking me to court for mbna

[jcbkabs]

Hi i had a letter of restons but the address was not mine but likly it showed i had a court dat that day so went to the court and pointed this out to the dj got a 21 day adjournment.

looking for a full and final settlement or will counter claim the £450 in unreasonable charges including intrest they have put on to the account and also for the harassment via telephone calls phoning up to 10 times a day


but need help to do this or a solicitor in the south wales area to do it for me

[Amethyst]

Re: URGENT restons using incorrect address when taking me to court for mbna

Well done on going to the court and getting the adjournment.

Need a bit more info on the debt and the claim itself.

Is it a credit card or loan? How much approx is the total claim for (excluding sols costs and court fees)
Have the £450 charges you mention been added over the life of the account or in one lump at the end ?
Prior to the court claim through Restons what was the situation with the account - contact/payments etc?

[Sparkie1723]

Re: URGENT restons using incorrect address when taking me to court for mbna

Hi i had a letter of restons but the address was not mine but likly it showed i had a court dat that day so went to the court and pointed this out to the dj got a 21 day adjournment.

looking for a full and final settlement or will counter claim the £450 in unreasonable charges including intrest they have put on to the account and also for the harassment via telephone calls phoning up to 10 times a day


but need help to do this or a solicitor in the south wales area to do it for me

If you check your statement and interest you will find that MBNA charge compound interest on the default charges when they are only allowed to charge simple interest....check it out I believe you will find this out.
At least they have on my partners account.

Sparkie

[jcbkabs]

Re: URGENT restons using incorrect address when taking me to court for mbna

Hi
Thanks for the reply i fell over and broke my foot 2 years ago and being self employied lost the contract i had at the time i sent a cca letter had nothing back for about 6 monthes had sent them a account in dispute letter and stopped paying it the in january11 I had a default notice letter off mbna letter they put it with a few debit collectors but sent them a letter and the passed it back to MBNA. then Restons get it They have been sending the letters to a different house on my street but the one post man knows me and gave me a couple of the letter as he knew i didn't live ther so infomed the court but it got transfered to my local court. on saturday received a letter off Restons addressed to the wrong address again with a date and time of the for court which was monday so turned up pointed this out to the dj who adjourned it. Also noticed that the copy of the default notice they submited to the court had a different date on it to the one posted out to me only 1 day differant but shows they are changing things.

what i'm looking to do as my dad has just given me £1000 and im looking to make them a full and final settlement so i have 20 days in which to get it sorted .

pointed out to the their solicitor that in the iformation he passed over to me in there was a list of calls made to me with upto 10 calls some days asked him if he tought this was harrassment he changed the subjuct so i added that thers a counter claim there along with the excesive charges which come in at around £470 including the intrest

[Sparkie1723]

Re: URGENT restons using incorrect address when taking me to court for mbna

I am certain that a more informed person on these issues will come to your assistance very soon over your dispute and give you good guidance ...hang on in there...........I am sure someone will be along soon


Regards Sparkie

[Amethyst]

Re: URGENT restons using incorrect address when taking me to court for mbna

How much is the actual debt owing ? (if you take off the unfair charges) What was the balance when you put the account in to dispute following the non response to your CCA request ?

[jcbkabs]

Re: URGENT restons using incorrect address when taking me to court for mbna

How much is the actual debt owing ? £3012 - £399(charges including intrest)(if you take off the unfair charges)=£2613
What was the balance when you put the account in to dispute following the non response to your CCA request ? £2590

[Amethyst]

Re: URGENT restons using incorrect address when taking me to court for mbna

Okay so it should stay in small claims which makes life less complicated.

Is there any dispute on the account barring the charges?

I very much doubt, knowing Restons, that they will accept under £1000 to settle this before it goes to court - Restons do tend to want to get charging orders to secure the full amount of the debt. Do you own property ?

Can you type up the particulars of claim please.

You want to get a list of transactions on the account (if you don't already have this) showing all the penalty charges.

You also want to request a copy of the agreement - should be able to request this under disclosure rules of the CPR - Section 31.

They are in default of your CCA request as they haven't supplied the copy document so they actually are barred from obtaining a judgment until they comply with the request.

Have a look at h197's thread regarding CPR requests and SAR's as this is about the same stage you are at.

Gather all the information then you can enter your defence (at the moment probably default of CCA so strike out claim / in alternative remove unfair charges and monthly installment)

Have a read of h197 thread anyways and come back here with any questions.

[jcbkabs]

Re: URGENT restons using incorrect address when taking me to court for mbna

Is there any dispute on the account barring the charges? no just the icorrect addres used by restons and the different dates on the default notices

I very much doubt, knowing Restons, that they will accept under £1000 to settle this before it goes to court - Restons do tend to want to get charging orders to secure the full amount of the debt. Do you own property ? yes but negative equity of over £30,000

Can you type up the particulars of claim please.

You want to get a list of transactions on the account (if you don't already have this) showing all the penalty charges. already done

You also want to request a copy of the agreement - should be able to request this under disclosure rules of the CPR - Section 31. Got a copy of that will post it up sortly

They are in default of your CCA request as they haven't supplied the copy document so they actually are barred from obtaining a judgment until they comply with the request.

Have a look at h197's thread regarding CPR requests and SAR's as this is about the same stage you are at. sar request sent 11/07/2011

Gather all the information then you can enter your defence (at the moment probably default of CCA so strike out claim / in alternative remove unfair charges and monthly install

[CleverClogs]

Re: URGENT restons using incorrect address when taking me to court for mbna

I very much doubt, knowing Restons, that they will accept under £1000 to settle this before it goes to court - Restons do tend to want to get charging orders to secure the full amount of the debt.

I suppose that one should be grateful that Restons are unlikely to be granted a Shylock Order.

[teaboy2]

Re: URGENT restons using incorrect address when taking me to court for mbna

Is there any dispute on the account barring the charges? no just the icorrect addres used by restons and the different dates on the default notices

I very much doubt, knowing Restons, that they will accept under £1000 to settle this before it goes to court - Restons do tend to want to get charging orders to secure the full amount of the debt. Do you own property ? yes but negative equity of over £30,000

Can you type up the particulars of claim please.

You want to get a list of transactions on the account (if you don't already have this) showing all the penalty charges. already done

You also want to request a copy of the agreement - should be able to request this under disclosure rules of the CPR - Section 31. Got a copy of that will post it up sortly

They are in default of your CCA request as they haven't supplied the copy document so they actually are barred from obtaining a judgment until they comply with the request.

Have a look at h197's thread regarding CPR requests and SAR's as this is about the same stage you are at. sar request sent 11/07/2011

Gather all the information then you can enter your defence (at the moment probably default of CCA so strike out claim / in alternative remove unfair charges and monthly install

Just spotted your thread so sorry if this comes a little too late.

But regarding the default notice, is the copy you received valid? I.e. what was the date of the default and the remedy before date and what date was it received by you (though they probably sent it second class so its 4 working days prior to being deemed served).

If the default once served on you fails to give a clear 14 days before the date before remedy then it is invalid and their claim in court would be unenforceable plus you may wish to give the unlawful rescission counter claim a shot too - see my blog.

If you can give me the above dates (including year) fromt he copy of the Default Notice that you received, then i can work out if its enforceable or not, or if you can scan a copy up we can see if it has the prescribed form too. As i honestly suspect the reason they changed the date by 1 day is because they spotted that the original (one you have copy off) was not enforceable.

[jcbkabs]

Re: URGENT restons using incorrect address when taking me to court for mbna

hi sorry for the delay not been able to get online does any one know aof a solicitor i could use for this as i'm not able to stand up in court with out stutering have made them an offer just to go away and if accepted willing not to counter claim
the respomse has comback from restons no mbna declined
i think a solicitor would get this throw out as the have made up and address