Arrow Global MBNA debt- **1st round - WON** **Seconds out! Round 2!!!**

[caro]

Good thinking IGNM, and good tactics. People would need to be very clear about what they are doing to use this, but I found the skeleton argument quite understandable (makes a change for me, lol), and the references to legislation and other cases clear so people can easily read up on them and include them in their court bundles.

 

Removal of default and adverse information would certainly help clean up the credit record though.

[car2403]

In terms of process; (Sorry, haven't read the skelly yet)

 

1. In terms of pleading the counterclaim you plead that as part of the defence

 

http://www.consumeractiongroup.co.uk/forum/legal-issues/197867-arrow-mbna-ignm-pt.html#post2147014

 

CPR 20.4

(1) A defendant may make a counterclaim against a claimant by filing particulars of the counterclaim.

 

(2) A defendant may make a counterclaim against a claimant –

(a) without the court’s permission if he files it with his defence; or

 

(b) at any other time with the court’s permission

 

 

 

If the CC wasn't filed at the same time as the defence, you'll need permission of the Court to file it. This seems to relate to the Claimant's (Part 20 Defendant) opportunity to defend the Counterclaim you're bringing, which requires time/process to elapse.

 

2. Fee - you're right there is a fee - but as I keep saying it is possible to get remission.

 

Correct, but an Application for remission would need to be approved before the CC can be issued - if you're in a hurry, you can pay the fee, apply for remission, then await a refund of the fee. (Which usually takes them 28 days, BTW)

[I've got no money]

In terms of process; (Sorry, haven't read the skelly yet)

 

 

 

CPR 20.4

(1) A defendant may make a counterclaim against a claimant by filing particulars of the counterclaim.

 

(2) A defendant may make a counterclaim against a claimant –

(a) without the court’s permission if he files it with his defence; or

 

(b) at any other time with the court’s permission

 

 

 

If the CC wasn't filed at the same time as the defence, you'll need permission of the Court to file it. This seems to relate to the Claimant's (Part 20 Defendant) opportunity to defend the Counterclaim you're bringing, which requires time/process to elapse.

 

 

 

Correct, but an Application for remission would need to be approved before the CC can be issued - if you're in a hurry, you can pay the fee, apply for remission, then await a refund of the fee. (Which usually takes them 28 days, BTW)

 

Yes - if you look at the skelly I apply to amend in the skelly

 

In terms of the counterclaim - the DJ in my case gave permission to amend and directed that I did not have to file or serve the CC as it had been attached to my skelly and had already been served on the other side. The copy filed with the court attached to the skelly was directed to be my amended defence and counterclaim. The DJ also gave directions that the Defendant file a reply and defence to CC within 21 days .

 

At some point I'll get an Order from the court that I either pay the fee or apply for remission within 14 days but by that time - they'll have filed their reply and defence to CC.

 

I'd agree that in an ideal world its' best to deal with it all in the original defence and to simply submit an application for remission at the time the defence is filed.

 

Incidentally my experience is that the time taken to deal with fee remission depends on the court...

[car2403]

I take it the "Won" should be removed from the title thread now?

[I've got no money]

I take it the "Won" should be removed from the title thread now?

 

The first round was their application to strike out - which they were forced to withdraw - so I think that I won that round