Reston's Solicitors & MBNA - Small Claims Track

Reston's Solicitors & MBNA - Small Claims Track

Postby tomrush » Thu Oct 28, 2010 11:32 am

Quick background info:

Took on Virgin Credit/MBNA (~£1800) for my mum (who I made sure to inform fully first, she was totally okay with it), used the bog standard non-CCA tack. This started in late 2009 - They refused to provide any contract whatsoever, it went to a few DCAs (but I'm pretty sure MBNA never sold it), Global Vantedge, Optima Legal, etc - and then finally ended up in the hands of Reston's, who I assumed were just making more empty threats.

Was given the heads up that she's now received a Small Claims Court documentation pack.

Now, moderately interesting information:

Reston's indicate in MBNA's claim that the "contract" started on or around a date in 2004. This, to me, would indicate they have literally no documentation whatsoever.

SO:

My mum wants to defend.
I always thought that challenging jurisdiction was the way to go with these, but it seems that Reston's have a stupid claim, so I'm not sure what the best procedure would be at this point.

So, simply: what does everyone reckon I should do?

EDIT: Added copy of Reston's claim.
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Last edited by tomrush on Sat Oct 30, 2010 1:38 am, edited 3 times in total.
Reason: extra informations
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Re: Reston's Solicitors & MBNA - Small Claims Track

Postby pitano1 » Thu Oct 28, 2010 1:27 pm

i reckon...if you have no contract with these third party interlopers,you should tell them to go fuck there selves.

any further letters r.t.s/no contract.

most important nobody signs anything.

personaly i`m suprised that this third party has the audacity to threaten you with court proceedings,and if it is some kind
of intimidation,and not genuine....they are in deep shit.

:giggle:
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Re: Reston's Solicitors & MBNA - Small Claims Track

Postby MikeThomas » Thu Oct 28, 2010 5:29 pm

Does the paperwork from the court have an 'official' stamp on it? This is a trick used by these toerags sometimes. They get the forms from the court, fill them in, and instead of sending them to the court, they send them straight to the 'defendant' to 'put the wind up 'em', and hope to scare them into admitting the debt or paying up. CHECK EVERYTHING
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Re: Reston's Solicitors & MBNA - Small Claims Track

Postby treeman » Thu Oct 28, 2010 7:11 pm

Consent and Contracts

# Consent makes the law. A contract is a law between the parties, which can acquire force only by consent.
# Consent makes the law: the terms of a contract, lawful in its purpose, constitute the law as between the parties.
# To him consenting no injury is done.
# He who consents cannot receive an injury.
# Consent removes or obviates a mistake.
# He who mistakes is not considered as consenting.
# Every consent involves a submission; but a mere submission does not necessarily involve consent.
# A contract founded on a base and unlawful consideration, or against good morals, is null.
# One who wills a thing to be or to be done cannot complain of that thing as an injury.
# The agreement of the parties makes the law of the contract.
# The contract makes the law.
# Agreements give the law to the contract.
# The agreement of the parties overcomes or prevails against the law.
# Advice, unless fraudulent, does not create an obligation.
# No action arises out of an immoral consideration.
# No action arises on an immoral contract.
# In the agreements of the contracting parties, the rule is to regard the intention rather than the words.
# The right of survivorship does not exist among merchants for the benefit of commerce.
# When two persons are liable on a joint obligation, if one makes default the other must bear the whole.
# You ought to know with whom you deal.
# He who contracts, knows, or ought to know, the quality of the person with whom he contracts, otherwise he is not excusable.
# He who approves cannot reject.
# If anything is due to a corporation, it is not due to the individual members of it, nor do the members individually owe what the corporation owes.
# Agreement takes the place of the law: the express understanding of parties supercedes such understanding as the law would imply.
# Manner and agreement overrule the law.
# The essence of a contract being assent, there is no contract where assent is wanting.

Like Mike says Check Everything, Believe Nothing. :peace:
I'll make no subscription to their paradise.

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Re: Reston's Solicitors & MBNA - Small Claims Track

Postby tomrush » Thu Oct 28, 2010 8:13 pm

Mike, as far as the court stamp goes, this paperwork appears to have been processed online / in bulk (attachment is relevant). I would assume that's what I'm looking for.

The contract (insofar as this magical document that I've never been privy to) clearly doesn't exist, and even if it did, wouldn't be legit - but I don't want to have my mum stung with default judgements.
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Re: Reston's Solicitors & MBNA - Small Claims Track

Postby huntingross » Thu Oct 28, 2010 10:04 pm

If it goes to Court and if they produce something, ask one simple question.....

Does the documentation presented comply with the British Standard "Evidential Weight and Legal Admissibility of Information Stored Electronically. Code of Practice for the Implementation of BS 10008"......

I seriously doubt there is an organisation out there that could comply with its requirements.....

An overview can be downloaded from here

http://www.alliancegroup.co.uk/legal-admissibility.html

The issue of Legal Admissibility is at the core of records management principles. An organisation needs to be able to prove (to a court of law or some other statutory body) that the contents of a particular document or data file created or existing within an Electronic Document Management System have not changed since the time of storage. If the data file is an electronically stored image of an original paper document, an organisation must be able to prove that the electronic image is a true representation of the original. Proving the authenticity of electronically stored documents is crucial to their admissibility in a court.
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Re: Reston's Solicitors & MBNA - Small Claims Track

Postby tomrush » Thu Oct 28, 2010 11:37 pm

huntingross wrote:If it goes to Court and if they produce something, ask one simple question.....

Does the documentation presented comply with the British Standard "Evidential Weight and Legal Admissibility of Information Stored Electronically. Code of Practice for the Implementation of BS 10008"......

I seriously doubt there is an organisation out there that could comply with its requirements.....

An overview can be downloaded from here

http://www.alliancegroup.co.uk/legal-admissibility.html

The issue of Legal Admissibility is at the core of records management principles. An organisation needs to be able to prove (to a court of law or some other statutory body) that the contents of a particular document or data file created or existing within an Electronic Document Management System have not changed since the time of storage. If the data file is an electronically stored image of an original paper document, an organisation must be able to prove that the electronic image is a true representation of the original. Proving the authenticity of electronically stored documents is crucial to their admissibility in a court.


Oh man, I love it! I'd love to see their reaction to that, given their cavalier attitude to data retention.
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Re: Reston's Solicitors & MBNA - Small Claims Track

Postby boo boo » Fri Oct 29, 2010 6:08 am

tomrush wrote:Quick background info:

Took on Virgin Credit/MBNA (~£1800) for my mum (who I made sure to inform fully first, she was totally okay with it), used the bog standard non-CCA tack. This started in late 2009 - They refused to provide any contract whatsoever, it went to a few DCAs (but I'm pretty sure MBNA never sold it), Global Vantedge, Optima Legal, etc - and then finally ended up in the hands of Reston's, who I assumed were just making more empty threats.

Was given the heads up that she's now received a Small Claims Court documentation pack.

Now, moderately interesting information:

Reston's indicate in MBNA's claim that the "contract" started on or around a date in 2004. This, to me, would indicate they have literally no documentation whatsoever.

SO:

My mum wants to defend.
I always thought that challenging jurisdiction was the way to go with these, but it seems that Reston's have a stupid claim, so I'm not sure what the best procedure would be at this point.

So, simply: what does everyone reckon I should do?


firstly remember this is your mums so I would try to avoid locking horns with these guys,

put these guys to strict proof of claim,

once you send the summons back read,read,read and do a little more reading,prepare yourself for what might be a bumpy ride.

I would look into getting your mum to give you power of attorney unless she is clued up and wants to challenge it personally.

My friend is in court with these guys so i have an idea they dont play by the rules
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Re: Reston's Solicitors & MBNA - Small Claims Track

Postby tomrush » Fri Oct 29, 2010 10:43 am

Yeah, I was reluctant at first but she was the one who wanted to go head-on with them.

I've been waiting for proof of claim since last year, unfortunately - I'll ask about power of attorney, seems like a good idea.

You say you've got a friend in court with these jokes - any info that I might find useful?
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Re: Reston's Solicitors & MBNA - Small Claims Track

Postby boo boo » Fri Oct 29, 2010 6:00 pm

tomrush wrote:Yeah, I was reluctant at first but she was the one who wanted to go head-on with them.

I've been waiting for proof of claim since last year, unfortunately - I'll ask about power of attorney, seems like a good idea.

You say you've got a friend in court with these jokes - any info that I might find useful?



He was in court today,he didnt even get lubed up they just bummed him dry,

CCJ awarded

Appeal and some serious action is on its way

The judge allowed aload of shite into evidence(not relevent) but hey he's the judge he would of allowed a tesco invoice in as an agreement if he wanted.
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