D/judge Made Wrong Decison What Now??

[bazaar]

They're just playing the mind games to try and get you to pay up before getting to court. All part of the fun I guess, if you can call it that

[Mydogsawestie]

Have responded with my defence within the 8000 characters allowed on MCOL tonight. I also had such a lot more to say that I mentioned in it I would be submitting the Full paticulars of the defence today. Will this added extra be allowed and of any benefit to me now? Please advise as I hope to get it off Special Delivery today. Thank you.

(if not the fact that I mentioned it in my defence will I be held to it??)

[creditcardmug]

No, you can only submit one defence im afraid, now that you have done so online, you don't follow up with a paper copy.

The next thing is you will get a letter from the court, informing they have sent a copy to the other side

 

Dont worry, you get an opportunity to say more at the next stage Allocation Questionaires, if it gets that far

[Mydogsawestie]

No, you can only submit one defence im afraid, now that you have done so online, you don't follow up with a paper copy.

The next thing is you will get a letter from the court, informing they have sent a copy to the other side

 

Dont worry, you get an opportunity to say more at the next stage Allocation Questionaires, if it gets that far

 

Ok, thanks CCM will save myself the Special Delivery costs to get it in on time. I just hope I wouldnt be seen to be saying one thing then not doing it!!!! cheers

[Mydogsawestie]

Update - I received a copy of T & C today but not the CCA original ones (from 2000) as they have the £12 charges on them. No signatures, no APR's anywhere.

 

They also sent me a copy of the default notice from the 9th Jan again (but strangely enough this has a different credit card no on it to the default notice I originally got) Hmmmmmm!!!! So not an exact copy therefore after all???? Any thoughts anybody???

[creditcardmug]

Its all extra ammo, they can only issue one DN, so the earliest one is the only one that counts, if they send later ones/or ones with different details on, then it can only be an attempt to deceive you and the court.

 

You get to force them to provide all the documents they will rely on in the next stage AQs, so dont worry about it for now

[Mydogsawestie]

I was wondering with me being in a DMP Payplan should they be informed of any of these goings on that I have chosen to undertake myself just now? I did not pass the court papers there way initially as they would have just admitted it all on my behalf you see.

 

Its just that I was reading with concern on another thread that should I eventually wish to stop payment to a creditor who hasn't been forthcoming with a CCA request DMP companies may not allow you to do this?

[creditcardmug]

Well thats true they can be difficult about it, you could always do your own, and drop payplan...dont get them involved in this court action BTW

[Mydogsawestie]

Thanks CCM, I have other creditors though who Payplan distribute to each month who I've never CCA as they were all accepting of Payplan and payments offered. When I did initially try to do all this by myself they were not keen to take my offers of payments (only when I went into a DMP they did) hence having a more stressfree life since. Its because of MBNA never being accepting and being a pain doing all this to me that I commenced battle back myself.

 

In order for me to pull MBNA out of the equation in my DMP will they tell me to take back the whole caboodle to cope with myself again then, surely Payplan will act on my instruction for this one creditor wont they?

[creditcardmug]

Dont know, cross that one when you come to it, concentrate on winning this case:)

[Mydogsawestie]

Oh I am CCM........armed and on standby.....cheers

[bazaar]

Of course they wont deal with you direct, too many awkward questions. The DMP is easy street money for them. The thing is, they still think they can hound you as well.

You now have a cunning plan, get this account sorted, then decide to go for the others, tiny steps

[Needabreak]

DocH is right opinions vary on how much detail you put into the defence, you can do a long one or a short one.

The thing it must do is refute everything in the POC

 

Your situation is very much the same as pols, you could use that, maybe amended slightly if theres anything different about yours.

or you could do a short one.

 

The thing with restons is, they tend to issue an application notice early in the proceedings, so i just think its better to get a bit of ammo in there at the start, as you may not get a chance to do so in the AQ.

 

Heres a short one, its your call

 

In the Northampton County Court (CCBC)

Claim number *********

 

 

 

 

Between

************* - Claimant

 

And

 

************* - Defendant

 

 

Defence

 

 

 

 

 

 

• I, ********** of ************** make this statement as my defence to the claim brought by **************
  
• The claimants particulars of claim are vague and fail to disclose any cause of action, they appear to be an abuse of the process in that they fail to deal with the basic rules of pleading in accordance with the CPR even allowing for the constraints of the bulk issue system
  
• No documents supporting the claims in the particulars have been offered and despite a request to the claimant for further information none has been forth coming and as a result I cannot plead in defence to the claim
  
• The claimant pleads that the claim is brought under a regulated credit agreement regulated by the Consumer Credit Act 1974, yet the claimant claims statutory interest which the claimant should surely know it is not entitled to by virtue of the County Courts (Interest on Judgment Debts) Order 1991 (No. 1184 (L. 12)) in particular section 2 (3) which expressly prohibits such an award.
  
• The defendant contends that point 4 in itself amounts to a clear abuse of the process as the claimant would know the law and is trying to bring a claim for monies which it is not entitled to and knows that this is the case
  
• Without clarification of the claimants claim, the defendant is extremely disadvantaged and the claimants claim appears without merit
  
• Further to the above 6 paragraphs, the defendant is unable to plead effectively or at all. The defendant is embarrassed.
  

 

Statement of Truth

 

 

I xxxxxxxxxxxx, believe the above statement to be true and factual to the best of my knowledge

 

 

Signed …………………

 

Date

 

I am in a very similar situation, just a little behind MDAW. Could you take a quick look if possible and see if this defence is suitable for use in my case?

 

Thanks, Needabreak

[Mydogsawestie]

 

The thing with restons is, they tend to issue an application notice early in the proceedings, so i just think its better to get a bit of ammo in there at the start, as you may not get a chance to do so in the AQ.

 

 

 

UPDATE:- Just to let you know no news is good news for me so far. Not heard a dickie bird since filing the defence 16th March. I understand they have 33 days MCOL adv me this morning & they have not heard back from the Claimant yet.

I am still ready & waiting if the next action from them does come my way & have lots up my sleeve ready from gaining lots of your helpful advice having spent many an hour on these forums, maybe if its because they dont have the "said" documentation required to progress this case?

 

Also I understand if solicitors are chasing for a debt that is in dispute and does not have a valid CCA arern't they breaking the solicitors code of conduct here? Been looking at the Solicitors Regulation Authority and found a few things eg. Rule

11.01 Deceiving or misleading the court

 

• (1) You must never deceive or knowingly or recklessly mislead the court. know there is no CCA?
  

 

Solicitors Regulation Authority - If you have been reported to us

[Mydogsawestie]

Update it seems MBNA & there Solicitors have run out of time in responding to my defence last weekend when 33 days were up so I take it now from what I read this means it is now "stayed?"

[creditcardmug]

Phone the court, ask for an update

[Mydogsawestie]

Phone the court, ask for an update

 

I have the N150 allocation questionaire to tackle today, I have come across this which no doubt will help me greatly.

Directions for N150 or N149 Allocation questionnaire

 

Just wondering about certain sections on this form regarding the "other" information I need to do. I take it I am to word all my defence stuff in FULL here again now since I am not limited to how many words I can put in now & include it on a separate piece of paper with copies of example docs I have submitted to the claimants/solicitors already to help in my defence?

 

Also the pre-action protocol section, I did try to settle with them both verbally & in writing previous to the court forms being served, shall I point that bit out in this section?

 

As always any guidance/help again will be very much appreciated. Thanks

[Dorabell]

Hi i am following your thread with interest has i am in the process sending my defence good luck with yours:)

[supasnooper]

Hi MDAW,

 

Some other links to help you out -

 

Link Financial County Court Summons

 

Allocation Questionnaire...Urgent help needed please!!!

 

upto the eyeballs v CL Finance No CCA IN COURT ** Help **

 

The dreaded court claim came today...

[creditcardmug]

I have the N150 allocation questionaire to tackle today, I have come across this which no doubt will help me greatly.

Directions for N150 or N149 Allocation questionnaire

 

Just wondering about certain sections on this form regarding the "other" information I need to do. I take it I am to word all my defence stuff in FULL here again now since I am not limited to how many words I can put in now & include it on a separate piece of paper with copies of example docs I have submitted to the claimants/solicitors already to help in my defence?

 

Also the pre-action protocol section, I did try to settle with them both verbally & in writing previous to the court forms being served, shall I point that bit out in this section?

 

As always any guidance/help again will be very much appreciated. Thanks

 

Hi, i can help with the AQ, over the next few days, what date must you file it by, and has the case been tranferred to your local court?

[Mydogsawestie]

Hi MDAW,

 

Some other links to help you out -

 

Link Financial County Court Summons

 

Allocation Questionnaire...Urgent help needed please!!!

 

upto the eyeballs v CL Finance No CCA IN COURT ** Help **

 

The dreaded court claim came today...

 

Thanks supasnooper

[Mydogsawestie]

Hi, i can help with the AQ, over the next few days, what date must you file it by, and has the case been tranferred to your local court?

 

Hi again CCM, yes its local to me and the date I have got is the 11th May I could do with doing it though by the end of this weekend if thats ok as I am going to be travelling up & down the country with work next week so not sure how often I will be able to access my pc y'see. Look forward to hearing from you soon. Thanks

[creditcardmug]

Section A tick no to all

4 reasons The claimant has failed to substantiate this claim

Section B tick yes and write “already transferred to my local court”.

section C tick no. in the box write "This case is not covered by any approved protocol"

Section D Write the amount they are claiming, not including costs

applications tick no

witnesses write your name, and in brackets "myself"...in the other box write "all facts"

Experts tick no to the first question, leave the rest blank

Track fast track....leave the box blank

Section E 2 hours....fill in the rest if there are any dates you cant attend

Section F tick yes to 1st question...no to 2nd

Section G leave blank

Section H leave blank

Section I tick yes to the 1st question...no to the second

tick no to applications

in the big box write "please see attached section I"

 

Sign & date it etc.

[creditcardmug]

Draft Order for Directions

 

1 The Claimant shall not later than 4:00pm on (date) (being a date 2 weeks from the date of the making of the case management directions) file and serve a verified true copy of each of the following documents mentioned in the Particulars of Claim

 

(a) the executed regulated consumer credit agreement made between the defendant and xxxxxxxxxxxxxxxxx under reference xxxxxxxxxxxxx together with any terms and conditions that applied to it, the original document must be brought to the hearing.

(b) the default notice together with proof of service

© a full and complete statement of account including all payments made and charges applied covering the period beginning with the day of the making of the agreement and ending on the date of the commencement of this case.

(d) any other documents on which the claimant will rely

 

2 In the event that the Claimant shall fail to comply with paragraph 1 of this order the claim shall stand struck out and the Defendant shall be at liberty without further order to apply to this court for judgment and for costs on the standard basis to be subject to detailed assessment proceedings if not agreed.

 

3 In the event of compliance with paragraph 1 of this order this case shall be allocated to the fast track and

 

4 The Defendant shall file and serve an Amended Defence by 4:00pm on (date) (being a date 6 weeks from the date of the making of the case management directions).

[creditcardmug]

Other Information

 

Section I

If the court is in agreement, the defendant respectfully requests that special directions may be given as per the attached draft order.

 

The defendant proposes these directions in mind of the Overriding Objectives, and in particular the duty of the parties to help the court further them. The issues outlined below are the crux upon which this claim rests, and the proposed directions identify these issues and will allow them to be assessed in advance of the hearing so that this claim may proceed justly and expeditiously;

 

Without production of the requested documents, I am at a disadvantage and am unable to serve a proper defence. Failure of the claimant to supply the requested documentation will make the case much harder for the court to deal with as without production of the requested documentation will inhibit the courts ability to deal with the case.

 

The House of Lords in the case of Wilson v First County Trust Ltd - [2003] All ER (D) 187 (Jul) made it clear in paragraph 29 of LORD NICHOLLS OF BIRKENHEAD judgment

 

29. The court's powers under section 127(1) are subject to significant qualification in two types of cases. The first type is where section 61(1)(a), regarding signing of agreements, is not complied with. In such cases the court 'shall not make' an enforcement order unless a document, whether or not in the prescribed form, containing all the prescribed terms, was signed by the debtor: section 127(3). Thus, signature of a document containing all the prescribed terms is an essential prerequisite to the court's power to make an enforcement order. The second type of case concerns failure to comply with the duty to supply a copy of an executed or unexecuted agreement pursuant to sections 62 and 63, or failure to comply with the duty to give

notice of cancellation rights in accordance with section 64(1). Here again, subject to one exception regarding sections 62 and63, section 127(4) precludes the court from making an enforcement order.

 

Its is respectfully requested this case be allocated to the fast track, it is a straight forward case and is easily resolved on production of the required documentation by the claimant, should the claimant not have the documentation required to progress this case I suggest that there will be no case to answer

 

Therefore it stands to reason that these documents must be disclosed before this case can progress any further