OK - back to my thread for a bit ... The Witness Statement I received from MBNA's solicitor is signed by the solicitor. He claims as follows: So basically, the witness does not have first-hand knowledge of the facts and as such are speculation, hearsay and personal beliefs. Do you think this should be pointed out to the court? I think the evidence is pretty much inadmissible in my opinion.

This case, although separate, is being heard on the same day as the related case where MBNA are acting as Claimant. For some reason, the case where I am Claimant is being heard AFTER the case where MBNA are Claimant. I cannot fathom why and not sure it makes sense? Any thoughts?

What does that mean please?

I intend to post up MBNA's Witness Statement in Rebuttal to this claim later today but before I do I would like to ask something procedural if I may. The hearing for my summary judgement application (remember I am the Claimant in this case in relation to MBNA's failure to comply with SAR) is Friday coming. I received their Witness Statement in rebuttal of my Summary Judgement application and it is not a great rebuttal but naturally they have written in such a way to make it appear that they have complied. They haven't. So question is...do I have a chance to respond to their Witness Statement prior to the hearing and if so in what format should it take? A Witness Statement? Is there a fee? When does it have to be in by? Or do I just wait for Friday to explain? Many thanks in advance - TWTT

So there is no inclusion of any exhibits as evidence as such in that witness statement. Is that usual? I like the way it is written though - thanks

I have drafted an amended Witness Statement in Rebuttal that focuses more on why the IS a good reason for this going to trial. At this stage this is what I am focusing on. I would be extremely grateful if either of you have an example Witness Statement in Rebuttal to a Summary Judgement application please. It is not so much for the information more for how to present it and what I MUST include to be in alignment with the CPR rules. Many thanks in advance TWTT

Hi Andy - thanks for the response. I am sat here now re-writing my Witness Statement in Rebuttal, because although it would be great at trial I realise now that it would serve little purpose in response to response to Summary Judgement Application!!! There are lots of facts that are disputable it is just making sure I get it across correctly now I guess. In answer to your questions, I asked for them to provide the documents they alluded to or mentioned in the PoC and I think to provide a re-pleaded Claim (need to check that one). I did offer to amend my defence following receipt of said documents. Until very late in the day I didn't receive them and still haven't received some. Trying not to stress and to get this right now. Cheers for moral support though. Welcomed right now

Ok - I have had a bad day and would like some reassurance with regards to my case if possible. In short - I did SAR in 2010 and 14 months later MBNA has attempted to respond but still not sent everything incl. statements but have sent list of transactions I did S78 in 2011 and MBNA sent photocopy of an application form, set of terms and conditions with missing sections and reconstituted set of terms that do not contain my name on them I established via tacit agreement and estoppel that those are the documents MBNA rely upon as being the alleged Credit Agreement I made an offer (twice) to settle alleged debt in full upon receipt of signed invoice and instrument of indebtedness - MBNA failed to respond to offer MBNA harassed me continually for payment of alleged debt MBNA commenced legal proceedings against me for 8000+ (and estimated 10,000 legal costs) MBNA's claim was very vague and had no cause of action or documents attached or provided subsequently I made CPR 31.14 request for documents mentioned/referred to (including alleged contract). They provided me nothing and a solicitor I used some of the docs when they got involved. Same photocopy of an application form, different set of terms and conditions with missing sections included this time and reconstituted set of terms with name missing. No extension was granted until solicitor got involved. I made CPR 18 request with a number of questions, and very few were answered as MBNA claimed it was not a valid CPR 18 etc I entered an embarrassed Defence and in the meantime started a claim against MBNA for failure to meet obligations in relation to SAR from 2010. MBNA denied receipt of SAR in a previous letter and in Defence requested strict proof of claim - this is all subject to a different case and on a different thread. In my Defence to this case I requested a Stay in proceedings until they met with the disclosure requests I had previously made Allocation questionnaires were sent out. I replied and attached a draft order for directions asking for disclosure of same documents Court allocated a Directions Hearing for early April. All looked good to go through my directions - I hoped! 5 days before Directions Hearing I received notice from court that date had been vacated and new date set for end of next week for a hearing??? MBNA sent a copy of a Application for Summary Judgement/Strike Out of Defence!! I now have limited time to respond to this (COB Friday this week) and although I have a strong case (in my opinion) I am slightly concerned about my Defence not being heard due to procedural errors. I have prepared a Witness Statement in Rebuttal document but having spoken to a rather experienced Solicitor today I am uncertain if I followed procedure correctly before. So that is the background - I was hoping for some help with regards to if/where procedurally I might have gone wrong for the Stay In Proceedings request being ignored and the Draft Directions Hearing being vacated in place of this new date (with 2 hours scheduled in Judge's Chambers). I understand that in my Witness Statement in Rebuttal I should be focusing on why this shouldn't have a Summary Judgement/Strike Out as opposed to just blindly stating my case. I have been recommended to focus on CPR 24 for the requirements in response to Summary Judgement claim. Any other advice for me to ensure that this goes to trial and is not dismissed during a hearing?

Thanks for the info citizenB. I have pretty much finished my Witness Statement in Rebuttal and was planning on posting up here but not sure if good idea with prying eyes and all! Wdyt?

I think this is a very important point here. It would appear that the Judge, in their silence, (see post #155 above) agreed with the Defendant and it was perhaps then the time for the Defendant to take leave of the court, i.e. just pick up his papers and walk straight out! The Defendant's action of 'hanging around' after the Judge had agreed with him (kept silent) basically could be construed by the Judge that the Defendant has changed his position and now agrees with the Judge! I know this sounds a bit out there and will take a total shift in mind-set, however be aware that a Judge does not just judge you on what you say but what you don't say and your other actions. It would take large kahunas to just pick up your paper work and walk out of a court based purely on a Judge's tacit (silent) agreement with your motion, which is what the Defendant entered in their claim in point 3 of post 155 above, but I suggest that if the Defendant had done so the case would have been dismissed. Of course I could be wrong !

In my rebuttal to MBNA's application to strike out my Defence, can I also enter a motion for dismissal of the case? If not, do I just have to state the reasons why there is no case to answer and then request dismissal in the court? Thanks in advance - getting close now!! EDIT: Also, in the example witness statement from Foolish Girl above refers to unlawful charges? I've never got my head around unlawful charges so can anyone help by explaining these or providing a link please?

Well I would not go in being a smart a@£ or anything, I have witnessed first hand pride before a fall - however there is compelling evidence to suggest that there is no case to answer. It is, in my opinion of course, irrefutable and I can't imagine a solicitor, worth his/her salt, would present a case knowing this, which is why I feel MBNA have not informed them of this key information. Anyway, I will go ahead and prepare the rebuttal and do it that way instead and they will receive the information prior to the case and can therefore make up their own minds as to whether to proceed. Thanks

Is it best practice for me to contact MBNA and their solicitors to inform them why they do not have a case against me? It might be the case that MBNA have failed to provide their solicitors with vital information, and with that information it is very likely that the solicitors would recommend MBNA drop the case like a hot potato. I'm not in the habit of belittling or needlessly embarrassing people in front of judges, or indeed wasting taxpayers money!!!! Wdyt?

Thanks citizenb.

Thanks for replies? How should the response be headed? Any draft templates available?

Update... I was expecting to be attending the directions hearing this coming week, however the hearing date was vacated and a new one proposed for later in the month. I was a bit confused as there wa no info provided with the court letter. I tried calling on Fri by court wouldn't pick up (useful)! Anyway received in post yesterday a copy of MBNA's application for a hearing for strike out of my defence and/or summary judgement. Looks like this is why the court date has moved. Not sure why MBNA left this so close to the date for the directions hearing and I'm also not sure what will happen about my draft directions applied to my allocation questionnaire, which requested a stay in proceedings while they provide requested docs and an opportunity for me to provide a fully particularised defence. Any thought? The good news is that they have fallen hook, line and sinker for my strategy but as they will no doubt be reading this thread for help on their case I will not explain until the case is thrown out. However, to be certain I have this right, am I correct in thinking that I have up to 7 days before the hearing to file a defense to the application for summary judgement? Is there a special form to use in response? And finally, is there a requirement for skeleton arguments to be exchanged prior to hearing? Many thanks as always TWTT

Following a direct request to their solicitors I have received their AQ and there is no mention of a request for Summary Judgement/Strike Out of my Defence. There is no additional information provided. In fact very little whatsoever. So the Directions hearing will I hope (and rightfully so) be in relation to my draft directions regarding failure to disclose information (including SAR in other case). Interestingly though, I notice they have estimated their costs to be 10,000.00 for an estimated 1 day hearing. Now that is some fancy lawyer/barrister!! The claim is only 8000.00!

It is a Directions Hearing so I cannot be certain as to whether the judge will be making reference to my Draft Directions but I imagine so. Anything I should be aware of? Should I have been provided with a copy of their Draft Directions (assuming they made any)? What happened to their threat of Summary Judgement/Strike Out??

My mistake, lack of sleep and lots of work!! I thought Fast Track was the Small Claims Track - Der!! So it is in the correct track for the amount of the claim. I am still none the wiser as to how to defend and what I am defending yet as I haven't received the alleged contract yet or statements as requested in SAR and CPR 31.14 and CPR 18. I will call the court and ask what happened to my draft directions in allocation questionnaire. 45 mins suggests to me a hearing for summary judgement. Is there a chance they might be having a hearing to discuss my directions?? I'm a bit surprised about the lack of information provided by the Court when they know I'm LIP. Still, chin up!

Well this is interesting. I have just received a letter from my local county court today saying that this case has been allocated to the Fast Track and that a hearing is scheduled in just over a month. The Judge has allotted 45 mins for the hearing. Any ideas what is going on here? Is it good news that it has been allocated to Fast Track with regards to costs? Bearing in mind MBNA are claiming over 8000. It is my understanding that Fast Track limits costs considerably or have I got that wrong? As MBNA never sent me a copy of their allocation I don't know if they applied for Summary Judgement/Striking Out of my Defence (which was not a proper defence due to failure to comply with my SAR - now in a separate case with me as Claimant). They mentioned that they were going to be applying for Summary Judgement/Striking out of my Defence in a cover letter with the Defence to my claim but I have no ideas of the grounds they would apply for. I am a bit confused as to how to approach this now but I assume that I will need to be sent a copy of any application for Summary Judgement by MBNA (or the Court) 7 days prior to the hearing?? Not really sure what I am preparing for here as I requested a Stay in Proceedings with my allocation questionnaire and provided Draft Order for Directions to force disclosure of documents. No mention of that in the two letters from court. So what is the hearing for??? Who do I ask? I guess there is some good news in that the two cases (their claim of alleged debt and my claim of damages following SAR failure) have not been listed together as MBNA alluded to in their Defence to my case. Any suggestions on how to play it from here??

They may attempt to but the offer they accepted said that the monthly payments are for ALL account demands/obligations. There is no wiggle room and if those payments are made each month there is no justification for pursuing payment. Let's see what the judge thinks!

Now that both AQs are in I've had a further opportunity to read through the large amount of correspondence between parties. I am now wondering whether I wait for a decision from Judge as to whether it will be stayed or be pro-active and apply for Strike Out. There is an agreement in place now (as shown by their acceptance of monthly cheques - Dec 11, Jan 12 & Feb 12 thus far) on ALL account demands/obpigations under the account. As such there is no case to answer surely!

I have filed my application for Summary Judgement and/or Strike Out of their Defence today. Also filed AQ. Interestingly MBNA have filed AQ and mentioned that they intend to submit an application for strike out of my claim! I think they will be in for a bit of a shock They are desperate to have this case listed with the other case where they are the claimant and are attempting to claim alleged money owed to them by me. All starting to get going now

AQ was received by Court but MBNA's sol didn't bother to send me a copy. These people do this for a living (paid either way) and seen to enjoy being unhelpful, obstructive and intimidatory! Oh well. Let's just wait to see what the judge says.

I submitted my AQ on time and sent a copy to Claimant's solicitors but so far have not received a copy of their AQ from either the court or Claimant?? Should I have been sent a copy?? Is this common practice for Banks, Credit Card companies and the likes?