MrFury meets another Reston’s barrister in court, and had there second attempt at a summary judgement squashed the court has adjourned till Sep now... As I did not receive the order and was not notified of the hearing, so it was agreed it can’t be fair hearing I have 4 weeks to submit new evidence and I am going to speak to a barrister this week MrFury

Ok, I will call them on Monday and see what I can do; I don’t think I can appear its too short notice. MrFury

I had a solicitor, they pulled out, and I sent forms to agree that they would no longer act for me. Also sent copy to claimant and to court that I would represent myself. Forms sent dec/january. Now the claimant has sent me a copy of their cost, which I received today, for a case in a few days time that I know nothing about. But I haven’t heard form court or claimant in over a year, and the solicitor I had used hasn’t forwarded any paperwork, and I did request they send me copies of anything, so I have no idea what is going on? There is no order just a copy of cost from claimant for a case which is in a few days. MrFury

Hi All, Need some urgent advice; I have just received a cost schedule for a case in a couple days. The court has not informed me of this case, there is no way I can attend at such short notice. How can I get this adjourned? MrFury

This letter is a formal request pursuant to s.77/78 of the Consumer Credit Act 1974. I require you to provide me with a true copy of the credit agreement relating to the above account, together with any other documentation the Act requires you to provide. I expect you to comply fully and properly with this request, within the statutory time limit. You are reminded that should you fail to comply with my request, the provisions of s.77(6) will apply. If it is your view that you are not the creditor, s.175 of the CCA 1974 applies in the case of a simple assignment, and places a duty upon you to pass this request to the creditor. In the case of an absolute assignment, you are a creditor as defined by s.189. If you contend that you purchased the rights but not the duties of any agreement, you are reminded that s.189 of the Act is clear that an assignment is of both rights and duties. Your attention is drawn to ss.5(2), 3(b),6 and 7 of the Consumer Protection from Unfair Trading Regulations 2008 (CPUTR). I enclose a postal order in the sum of £1.00, which is the statutory fee. Note that these funds are not to be used for any other purpose. If you are unable to comply fully and properly with this request, you should confirm this in writing at the earliest opportunity, and certainly within the statutory time limit for compliance, and return the fee. Yours faithfully

So they have failed to meet the request I posted in nov last year, and I want to know more about the 'provisions of s.77(6)' see letter to follow. I have read that this provision means the account becomes unenforceable or is that only while they have not responded? MrFury

Hi All, I had Arrow Global and DRYDENS solicitors recently start pursuing me over a MBNA acct, I was dealing with restons before for a different MBNA Account that I have previously posted on. So I set about the usual request for a copy of the agreement and to my amazement they have sent me a copy of an agreement used by Restons last year for a different card account. This is clearly the wrong agreement, should I let them pursue it to court or point this out now. Can anyone advise on the best case of action with this? They are threatening to pursue action by the 28th of Feb 2011 and I would like to deal with this in the best way. MrFury

Hi All, Can anyone advise me on costs, and how this works with the courts.This whole experience has cost me considerably, in money and time and stress! They breached the agreement by not doing the work and as the agreement states that they are limited to 5 times annual fee so can I just claim 5 times the Annual fee? I don’t want to win this and get nothing for all the time wasting its been an expensive problem, and I did not file a counter claim initially with my holding defence, as i did not have all the cost in at that time I was given to end of Nov to enter a full defence, I contacted the court they said I can’t do a counter claim but I can send an n244 and make a request. What i'm not sure of is how do I get all my cost from this is a counter claim the way to go or do I just list the cost incurred if I win? MrFury

I have looked at the item 152, terms and conditions, and I wanted to know peoples opinion. The case BANK OF SCOTLAND -v- ROBERT MITCHELL seems to have been won by them not providing the term and conditions at the time of signing! Clearly as this agreement was signed in a service station and was from a rep with a clipboard, how can they be the correct terms and conditions supplied at time of signing, as then its impossible to have my name and address printed on them? That’s what they have supplied above. As being the original ‘terms and conditions’ that have to be supplied at time of signing agreement, the original will not have my personal details printed on them? MrFury MrFury

Hi doc man, thanks for your post, going to read up on all this again Thanks MrFury

Hi, I am looking for info in how I can resolve this now as I am not sure where it’s going from here! I did have a solicitor how was working on a no win no fee basis, and they have been little help mainly looking for ways to say you cant win that ends our deal. His final effort was to make an offer on my behalf so I said 20% they rejected it and I want to know what to do now? How do I find out what they will accept in settlement? His position is they don’t accept your offer your financial unable. Not true it was just an offer so what next how do you go about this full n final settlement how do you negotiate the best deal any help greatly appreciated MrFury

Yes, I have a letter from the inland revenue about the incomplete form, but no evidence of the work they haven’t done... as they haven’t done it etc I just dont like the idea of not seeing and being able to respond to their claims i.e. the rules of disclosure I should be able to see what they are submitting to create a defence.

It seems that you can appeal any decision within 14 days, anyone have any template or advice on this? so if the directions were dated 27 oct it seems you get up to 14 days to appeal, which would be the 10th nov, are any days are allowed for posting else I need to submit an appeal against this within 24 hrs. MrFury

Hi all, I have received these directions and I think that this is very unfair. It gives me no chance to see any evidence they submit and difficult to try and create an appropriate defence! I will have to submit a defence based on a guess to whatever they may/could claim and defend it. Sounds unfair and not right. Surely I should have an equal amount of time they are been given a month to submit evidence, why am I not allowed the same time to see this evidence and create a valid defence? What can I do about this? Any advice greatly appreciated. MrFury