dogbert21
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Everything posted by dogbert21
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Thanks, now on the trail of reclaiming my expenses and time
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Cheers Andy, A very big thank you to yourself and other members of the CAG for your help and guidance. Regards Dogbert
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Had a bit of a surprise this weekend, got a notice of discontinuance from Arrow Global with approx. 3 weeks to court case. What happens now, can I still claim for my time defending this? Am I right in thinking that AG can start the process all over again if they choose? [ATTACH=CONFIG]43354[/ATTACH]
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Ah ok, so I dogbert etc and then numbered paragraphs as per the numbering on my defense statement but just write in less formal terms?
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Hi Ford, I am ok for a bit, the big day is early May. Regards Dogbert
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bump
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Hi Andy, Attached is a draft of my witness statement, not sure if I need the bit in italics. If it's ok I will post this off this week. Regards Dogbert [ATTACH]42848[/ATTACH]
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Cheers Andy, I will get it done this week. Regards Dogbert
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ok, I will do that, do I just need to state in the witness statement that MBNA, DFX and AG have all failed to comply with my section 78 request and that the account is in dispute until they comply? Regards Dogbert
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Andy, is it worth me going for a N244 application to strike out (without hearing) if neiter myself or AG have not submitted any evidence to the court?
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Correct Andy, I have submitted nothing to the court. Didn't send anything to AG because they should have everything that I was going to use as evidence. Also worth noting AG do not have the agreement which they listed as evidence they will be using in court.
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Here we go, notice of allocation below... [ATTACH=CONFIG]42477[/ATTACH][ATTACH=CONFIG]42478[/ATTACH]
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correct....unless AG have submitted to the court but not to me. The letter I got was dated 11th March and said nothing about any docs sent to the court.
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Sorry Andy, I missed your previous question. no AG had sent me nothing by the 28th Feb but I got the letter with the T&C's, a couple of card statements, assignment letter and default letter on the 12th March. And yes this is on the small claims track even though it is approx. 5.5k
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To say I am fuming is an understatement, attached is the CCA that Arrow Global are taking me to court with - I have waited nearly 3 years for this and this is the best they can do! [ATTACH=CONFIG]42349[/ATTACH]
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Andy, I might have dropped the ball here, all parties to exchang docs by 28th Feb. Didn't send anything to AG as they have already got copies of the letters that I was going to take to court, after re-reading the Notice of Allocation, it says copies to the other party and the court office.
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Hi catquest, yes a CCA and CPR31-14 request was made to Drydens Fairfax (acting solicitor for AG at the time). Got a letter back each time stating that they would provide CCA but never delivered! At mediation AG said they would provide the CCA in 2-3 days - that was 3 weeks ago! Regards Dogbert
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Hi Andy, Still nothing from AG and approx 8 weeks to the court case now, when/how should I request disclosure? Regards Dogbert
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Hi Andy, It has been over 2 weeks since my mediation and yet again AG have failed to deliver a copy of my CCA as promised. Do I email the mediator back and point this out just for the record? Cheers Dogbert
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Well, mediation has been completed with no resolution, the mediator asked how he could help me so I said I would like a copy of my CCA as one had never provided by MBNA or by Arrow Global when requested. Without this I have no idea what my T&C' s were on this account, the interest payable on the balance, what the charges were etc. I stated that this account was in dispute with MBNA when it was sold and would remain in dispute until I get a breakdown of the balance owed and a copy of my CCA. Arrow Global told the moderator that they will provide a copy of my CCA in 2-3 days but would not provide a breakdown of costs. I got an email from the moderator confirming what AG had said but he also detailed all the extra costs that would be added to the total award if AG win in court - never said what I could claim if I win! Would like some help regarding preparing for my day in court - what do I need to read up on and what do I need to be saying to the judge in my defence. Do I just state what I sent into Northampton CC online as my defence?
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Hi, Can anyone tell me what to expect with mediation? I know it involves a session of phone calls over approx 1 hour, but what am I likely to be asked and how do I politely say see you in court if I don't agree with what is being proposed? - I don't want to agree to something that I will regret later - as has happened in the past! Thanks Dogbert
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Ok, Thanks Andy, Mediation arranged now, I might just push for a deal and skip the court bit as don't have much faith in the court route. Regards Dogbert
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bump
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Hi all, I have now got my court allocation through for May and a form for mediation. I have got some questions regarding this:- 1. Do I have to agree to mediation? 2. What info/docs do I need to provide to the claimant/court? 3. Looking at the allocation form, it suggests that AGG need to provide me with a copy of my CCA by end of Feb? 4. I am still awaiting info from PPI claim, I am assuming that this would be one of the docs I would have to provide to the claimant/court? Still not sure what to expect when I attend court...anyone got any first hand experience of this? Many Thanks Dogbert [ATTACH=CONFIG]41007[/ATTACH][ATTACH=CONFIG]41006[/ATTACH]
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Thanks Andy Regards Dogbert
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