Thanks citizenB Nope, its Fast Track

I've had a letter from Shoosmiths. Its entitled "Consent order" (see attached pdf). [ATTACH=CONFIG]44653[/ATTACH] Basically they are asking me to withdraw my defence and consent to the order to pay up. They go on to list the reasons why I should do this. What they have done is took my Witness Statement and then rubbished all my claims. They have chosen to avoid addressing the bit about the Default Notice incorrectly demanding FULL payment rather then the arrears. Questions: Should I be scared by this? (seeing as they are already debarred from giving oral evidence at trial) Does this "Consent order" proposal double up as a Witness Statement? Does this proposal mean they are desperately attempting to avoid trial or is this normal practice? This proposal has crossed in the post with my draft order to strike out pursuant to CPR 3.4(2)© for failing to comply with court directions - I've still not had a Witness Statement from them. (unless this Consent Order doubles as one?). Ive not had a reply to my draft order from the court as yet. Ive typed up the content of their letter below. (its quite long, sorry) Their spelling and grammar was atrocious. So many missed words too. Looked very rushed. Okay here it is. A lot of what they say is hearsay. The fact they said they posted the Default Notice first class. I have the UK Mail envelope here but it doesn't state either way. The way they say it doesn't matter I have two different agreements in my possession - one off MBNA and a different one from AG They state I clearly have the Notice of Assignment - only after the court ordered them to send it. The way they say it doesn't matter that I had a letter pre-dating the Notice of Assignment from Wescott's saying they had handed the file back to MBNA - who they were acting on behalf of. I have a post card (computer generated) from MBNA stating I will be visited 25th December (xmas day) by one of their debt collectors. Therefore I have proof but I didn't include it on my witness statement as an exhibit as its just in my opening statement as an example of the harassment I encountered. Can I still include this in my trial pack? They dismiss all of the above and say the court will only be interested in my admission to having entered into a credit agreement with MBNA. Will the court really do that? EDIT: Do I need to reply to this 'Consent Order' as I'm guessing they have sent a copy to the court????

Cheers Andy I'm taking the draft/order and N244 to the Court tomorrow. We shall see how strict they have become.

Sorry Andy, Yes you suggested the CPR 32.10 order and it worked. They are now debarred from giving oral evidence at trial. Many thanks I appreciate your advice very much. Im not sure if its because of any changes as such, just the person I met today said that the courts have to be more strict since the amendments to CPR1.1 made in April with regard to failure to meet court directions and I could use this as reason to ask for a strike out. She then pointed out the other CPR stuff I could use in my draft/order. She did say its by no means guaranteed. Was just wanting to make sure I wasn't tripping myself up or anything. by putting the order in / If the order seemed OK?

Thanks Andy and citizenB. Ive had a chance meeting with a off duty DJ today who gve me some advice and suggested that I could put in an application notice / order to have the case struck out under the recent changes to the CPR rules amended in April this year. She pointed me in the directions of various CPR rules.(see below). Im considering putting this draft order in and am interested in your opinions. Unless they have applied for relief from sanctions and the court has chosen not to inform me. (can the court do that?)

The court has written informing me that the trial date is set for the 13th August. Basically thats all it says. Does this mean Shoosmiths have definitely replied to court order/request of both parties for availability for trial? or could the court set a date regardless if Shoosmiths failed to reply? Ive still not had a Witness Statement from the Claimant / Shoosmiths. I am assuming though that they are barred from giving oral evidence in the trial as Ive not had anything back from the court stating the claimant has requested to set aside the Court order banning them under CRR 32.10 they sent out last month. I cant see how they can effectively proceed without being able to speak at the trial nor rely on any Witness Statement if they subsequently submit one before the hearing. Unless Im missing something???? Does anyone know what I should put in my trial pack thingy & when I need to hand it in etc? I'm assuming my witness statement and exhibits need to be in there. How many copies? Anything else? Sooo many questions *sorry*

Thanks CitizenB. Ah you are right, I dont want to object to anything in the order. I wasn't sure what 'setting aside' is or a 'stayed order' was. Im reading up on them now though I'm guessing that I sit tight and do nothing.

Received two letters from the Court today (both in one envelope). The first dated 8th may 2013 states the following: IT IS ORDERED THAT 1. The Claimant be excluded from giving oral evidence as per rule CPR 32.10 - "if a witness statement or a witness summary for use at trial is not served in respect of an intended witness within the time specified by the court, then the witness may not be called to give oral evidence unless the court gives permission". 2. Because this order has been made by the court without considering representations from the parties, the parties have the right to apply to have the order set aside, varied or stayed. A party wishing to make an application must send or deliver the application to the Court to arrive within 7 days of service of the order. ----------------------- The second dated 10rth May 2013 states the following: IT IS ORDERED THAT: 1. The parties file with the court by the 3rd june2013 dates of availability for July, August and September. ------------------- I'm assuming the second order is due to the fact Shoo's ticked the box of their Listing Questionnaire that they wanted more time. How do I inform the court that I am available during the new dates / period? Is there a form for this? I'm having trouble getting my head round the first order - this will have been in reply to my draft order requesting they enact CPR 32.10 - However it states that parties can apply to have the order set aside, varied or stayed. Should I be considering any of these options and on what form would I do it? The order states any application (about the above order) must be delivered to the court within 7 days of service of the order. Does that mean 7 days from the date on the order (8th may) or 7 days from the date I received the order (today 13th May)? The Court posted them both in one envelope franked on the 10th May.

Today I have received a copy of a Listing Questionnaire submitted (I assume yesterday) by Shoosmiths along with a costs order estimate for in excess of £5500 and a covering letter. The covering letter states that they are still considering this case with their client (AG) and they will revert back to me shortly. The Listing Questionnaire states the following: 1. I confirm I have complied with those directions already given which require action by me... NO Details: "Paragraph 3 of the court order ordering parties to serve witness evidence - 8th March" 2. I believe that additional directions are necessary before this order takes place... YES 3. Have you agreed the additional directions you are seeking with the other parties... NO Section F: Document Check-list: They have ticked the Listing fee box, A proposed timetable for trial and An estimate of costs boxes. Interestingly they have not ticked "An application & fee for additional directions" or "A draft Order", which I assume means they have not attached any draft order with the LQ, which is confusing as they stated above that they believe "Additional directions are necessary before the trial takes place". What additional directions? I have already prepared an application notice and draft order to request the court refuse them from giving evidence since they have not submitted a Witness Statement either by the deadline of the 8th March or since. Should I still send this seeing that Shoo's have admitted they have not sent a WS or should I wait to see what Shoosmiths are playing at? I fear Shoo's will say they have not had time to compose a WS as they were only brought back on the case a few days ago but I dont think that's fair! Here is my draft order... DRAFT ORDER: Further to Deputy District Judge Xxxx Xxxxx's directions dated xxxxxx 2012 and failure to serve Witness Statement by 4pm on 8th March 2013 IT IS ORDERED THAT: 1. The claimant be excluded from giving oral evidence as per rule CPR 32.10 - "If a witness statement or witness summary for use at trial is not served in respect of an intended witness within the time specified by the court, then the witness may not be called to give oral evidence unless the court gives permission". Does that sound ok? Any advice guys?

I thought I couldn't submit it on a N244 for failure to Submit a WS, as per your reply on page16 post 313 Andy? EDIT: Ah, I see what you mean. A draft order to invoke what Ive said in the letter - not to strike out - which is what you said I couldn't do. I've got ya. Im learning all the time N244 it is. Thanks Andy

Okay as I haven't yet informed the court of AG's failure to submit a Witness Statement and given the above email from Shoosmiths, Ive drafted this letter to the court. I was wondering if its okay in content. Any advice?

If they proceed using Shoosmiths could I attempt to prevent them from giving evidence stating CPR rule 32.10 "Consequence of failure to serve witness statement or summary", siting that as no Witness Statement was (or has been since) submitted to me within the court deadline date of the 8th March, and according to the court directions quoted... "4. No party may rely on or adduce the evidence of any witness whose statement has not been served in accordance with this order without further permission from the court"

I have received an email from Shoosmiths solicitors today containing two attachments. The email simply said "Please find Attached". The first attachment is a copy of a 'Notice of Change of Solicitor' form dated 4th April 2013 informing the court that Shoosmiths are now acting on behalf of Arrow Global. The second is a letter which states the following... The letter clearly states they have filed the Notice TODAY, but the date on the form is 4th April 2013. Something isnt right. Plus Shoosmiths were originally handling this case and then put in a notice of change of solicitor to hand it back to AG right at the start. I wonder whats going on. Does this buy them more time or will the court directions in my message above still be enforced on the 30th April and be struck off if they dont file a Listing Questionnaire by the date?

Potentially good news... I received a letter from the court today stamped "copy" 6 days left and counting...

Thanks, Its deadline day tomorrow for the Pre Trial Check List. I'll wait till Monday and ask the court if they have received their WS / Pre Trial. (I took your prior advice and gave a copy of my WS to the court as well as AG) On that note should I have sent a copy of my Pre Trail Check List to AG as well as the court? EDIT: Just found the answer.... "There is no requirement that the parties exchange copies of their Pre-trial Checklists with each other. However, they are encouraged to do so to avoid the Court being given conflicting or incomplete information" Ill scan it in and email them a copy.

Deadline day for Pre Trial Check List tomorrow. Handed mine to the court today Ive still not had a Witness Statement from AG. I have not informed the court as I'm assuming I can tell the Judge at the hearing thus hopefully stopping them from giving any oral evidence as per Civil Procedure Rule (Part 32.10). Is this a good idea or should I write to the court before the hearing and tell them I've not had a WS? I did notice that there is a box on the Pre Trial Check-list to indicate that you have not complied with the court directions and issued all documentation by the deadlines stated, and a space to say why not and when you will be complying. What would happen if they... a) fill this in, or, b) don't fill it in?

Yep I CCA'd Egg back in 2009 and they sent me a microfiche printout of a CCA that contains my sig. I still have it in my little Egg file. If they send a recon I'll have two different CCA's in my possession.

I sent Marlins a 'Prove it' letter a few weeks back after receiving their initial letter claiming my 'Barclaycard' (Egg) account had been assigned to them. This (attached) is their reply I have received today... [ATTACH=CONFIG]42633[/ATTACH] The second last paragraph is very interesting seeing as I have never had / signed an application with Barclaycard. I am assuming they mean the Egg online agreement. If so this will tell me just how much original egg documentation is still available.

Just found this Civil Procedure Rule (Part 32.10)... Does that mean they cant give evidence if they dont submit their WS to me?

Thanks Andy, I didnt know that. (I get my applications fees waved anyway as I'm on tax credits to supplement my minimum wage). Doesn't seem fair that they have a copy of my WS but I dont have theirs So just a letter to the Judge then..

Deadline for Witness Statements to be exchanged has now passed. Nothing arrived today from AG. N244 with draft order for strike out will be hand delivered to the Court first thing Monday morning.

No worries, like you say it will come in handy for the court bundle WS Deadline day on Friday. Now preparing a draft order for strike out & N264 for when they dont send theirs

Ah. Thanks Andy. I should have checked a bit sooner.... just printed everything out in triplicate. It will keep for the Court bundle.

Thanks citizenB. I've Included the letter from Wescott as an exhibit. I've amended my background to explain that this document would have been listed in my disclosure list if I had received it when I was supposed to - a year ago. However having only just receiving it now I feel its importance and relevancy justify its inclusion in my witness statement. I hope the Judge accepts that.

Thanks. And do I send them with my WS to BOTH the Court and the Claimant? Can I include documents I did not list in my Disclosure list such as the Wescot letter that has only since become relevant?