Nationwide/dryden claimform - credit card debt **DISCONTINUED**

[citizenB]

I think you can ask if you can be a Mackenzie friend, 42man would be the person to ask.

[1stlifeline]

Thank you so much for the replies.

[42man]

Yes you would have to ask to be a McKenzie friend....ask the judge very kindly if you can speak on other half's behalf either as her partner or as a McKenzie Friend....I can't see a judge not allowing it....(but just make sure your partner knows what is being said).....be polite and call the judge Sir or Madam.....be firm in your defence but again polite....

[1stlifeline]

Yes you would have to ask to be a McKenzie friend....ask the judge very kindly if you can speak on other half's behalf either as her partner or as a McKenzie Friend..

 

Thank you as always for the reply. I will ask if I can speak on HIS behalf!

Could this not be arranged before the day if I ring the court as other half (HE!) has not got a clue what to say so I dont really want to risk the judge saying no on the day or it will be too late to prepare him. (I dont have a bl***y clue what to say so he has no chance)

[creditcardmug]

Yes ask them now, as far as i know they never have any objection to it.

[foolishgirl]

Be aware 1stlifeline that a Mckenzie friend is not the same as a lay representative. An MF is in court as a 'friend' - allowed to give advice, make notes etc. to the LIP who is actually presenting the case him/herself.

(I think the precedent was set in R v Leicester City Justices ex parte Barrow & another CA (1991) 3 All ER 935)

 

A lay representative can present the case on behalf of the LIP but only if the LIP is also present. Anyone can be a lay representative but cannot represent the LIP after judgment or at an appeal. Even though this is a 'right' of your OH, it would of course, be prudent to respectfully request permission of the judge hearing the case if this is what your OH wants you to do on the day.

 

If you are unsure about your day in court & wish extra help, CAG do run a buddy system that may help. You need to click the button at the top of the page.

[steven4064]

What foolishgirl said is completey correct - I would ask the court about being a lay representative before the day though, just to make sure.

[1stlifeline]

Thanks foolishgirl and steven. We dont have the set date for the case yet and I did try the buddy system some while ago but got no replies. It seems that a lot of those who were willing to be buddies seem to have moved on from the site. I would have felt so much better about this if I could have found a buddy as have very cold feet!!!!!!

 

I have got a copy of the other sides pre trial checklist now. Quite scary stuff.

 

A couple of questions please.

 

1. The have ticked NO to the point which asks if they have complied with directions. It says on the form 'If you are unable to give confirmation, state which directions you still have to comply with and the date by which they will be done'

For this they have written 'Disclosures - TBA

'Evidence - TBA

 

What would you read into that please?

 

Under 'Timetable for trial' they have got over 5 hours listed all broken down into the different stages.

 

Under Costs they have listed amongst other things -

 

Costs incurred to date over £2,000 including Attendence on Defendant including telephone calls to and from. There have been no phone calls?

 

Costs to trial Over £3,000 with an overall total cost of over £7,000.

 

Now the thing is that we have sold our house and have hardly any collaterall so at the end of all this I assume the best they can hope for if they win would be that the judge sets a sum to be paid back which will be minimal because they will have to take our living expenses into consideration. They are paying out to take this through the court and its going to take ages for them to trecover the costs from us as they cant take what we havnt got, or am I missing something?

[Brassed off]

1stLifeline - PM on it's way re CAG buddy

[steven4064]

1stLifeline

 

As we have said before, if you want a buddy we will see what we can do. But there is no point until you have a court date.

[foolishgirl]

 

I have got a copy of the other sides pre trial checklist now. Quite scary stuff.

 

 

No, not scary stuff 1st - just stupid.

 

Sounds to me as though they haven't got anything & the costs etc.are put down there to deliberately intimidate you but as Bo has arranged for a buddy to help you, suggest you wait for his/her input. Post back here if you still can't get organised with buddy assistance.

[1stlifeline]

Thank you for the replies. I do understand that I need a date before I can try to organise 'buddy help' I only mentioned it in response to the kind advice given by Foolish girl in post 279.

 

Thank you BO. I have replied to your pm. You are a star!

[Brassed off]

http://www.consumeractiongroup.co.uk/forum/legal-issues/108467-basic-introduction-consumer-credit.html

 

Have a read of Tomterm's stickie 1stLL, it should put your mind at ease about attending court

 

I'm female btw FG

 

PS - 1stLL, you need to empty your PM Inbox

[1stlifeline]

Update time, I have had no accees to the site for the last three weeks because of moving house and not having internet connection at the new address yet but, I now have a trial date. 6th January. The judge has also noted on the pre trial checklist has not 'given disclosure or served witness statements' and must do so without delay. Has anyone any adea why they would not already have done this?

[steven4064]

Have you done it?

[1stlifeline]

The last thing I did was send of the allocation questionnaire! Is there something else I should have done?

[pt2537]

The last thing I did was send of the allocation questionnaire! Is there something else I should have done?

Have you received any orders or directions ordering you to carry out standard disclosure or to do something? if the last thing you did was the AQ, then we may have a problem as pre trial checklists are normally the final hurdle before the hearing

[steven4064]

CPR 31.6 and 31.10 are the relevant bits of the Civil Procedure Rules (CPR) - PART 31 - DISCLOSURE AND INSPECTION OF DOCUMENTS

[upto the eyeballs]

subbing

[1stlifeline]

I have now had another letter from them and need advice please but first - Sorry guys, I didnt mean the allocation questionnaire, I meant the pre trial check list was the last thing.

 

I have no internet at home at the momemnt due to a house move so havn't been able to get on here for a while.

 

Now to the letter I have just recieved, I need to act fast as the trial date is only a week away. The letter is one the other side have sent to the court and they ask us to agree to it, to write to the court saying we agree with it and also copy them in on the letter.

It says:-

 

After consideration of the issues raised in this matter, the Claimant is of the opinion that a time estimate of half a day will not be sufficient due to the the complex nature of the issues that have been raised; which relate to the Consumer Credit Act, which, as we are sure the court will agree, is a complicated area of law.

In the light of this we respectfully ask that the trial date is vacated and relisted for the first date with a time estimate of 1 full day.

 

The initial reason for the delay in this matter is because the parties were attempting to settle but have failed to do so. We are speaking to the claimant about the possibility of lodging an application for the Claimants permission to rely on documentation/evidence.

 

Please could this letter be placed before a Judge.

 

As I say they have asked that we write to the court agreeing to this and copy them in. Can I have opinions as to what is going on here please.

Thank You.

[MARTIN3030]

Looking into.

A whole day ?

It seems strange-They have been very obstructive from the begining-Its very unlikely with only a week that Court would be able to allocate the whole day - they are not asking for another hour-but double the listing !!

 

Looks like it may be a staller-and I see they have slipped in an excuse for the past delays.

Please be patient-other team aware.

[1stlifeline]

Thank you Martin, if any others are able to give an opinion please be aware that after 1.30 today I may not be able to be back online until about 8.30 this evening.

 

BUMP- need to reply to the letter tomorrow so need help if possible please, thank you

 

I can only stay online for 10 more minutes or so and would really appreciate it if anyone could suggest what reply I should send in a letter to the court in response to the letter I put in post number 293.

Thanks

[42man]

Bumping up for 1st...

[steven4064]

Ist

 

Sorry not to get back to you. My advice is to write to the court

I do not agree with the defendant's assessment that the issues in this case are complicated nor that the trial needs to be extended to a full day.

 

The facts of the matter are that the defendant is relying on a document that does not comply with s61 of the Consumer Credit Act 1974 and which is therefore only enforceable by court order by virtue of s65. However, the court's power to enforce the agreement is taken away by virtue of s127(3) as the document does not fulfill the de minimis requirement of having the debtor's signature and the prescribed terms in one document. The defendant therefore has not demonstrated reasonable grounds for defeding the claim.

Make sure the letter has the cae details (claimant, defendant, case number) in a prominent position.

[1stlifeline]

Thank you Steven. I have written to the court as you suggest.

 

Duplicate post

 

Just spoke to the court, they have had 'notice of discontinuance' from the other side today.

 

A huge thank you to everyone, especially Paul and the others who have helped so much.