AK Claimform - MBNA card 'debt'

[AndyOrch]

You cant submit an AQ (DQ) electronically see post #189/190

[MeeBroke]

You cant submit an AQ (DQ) electronically see post #189/190

 

I downloaded form last time and emailed to court. I separately posted a hard copy as well via SD- to be on the safe side.

 

MB

[AndyOrch]

Serving copies electronically is not submitting electronically like MCOL......however we digress.

[MeeBroke]

Serving copies electronically is not submitting electronically like MCOL......however we digress.

 

Received a letter from AK's solicitor yesterday telling me to disregard the letter from Court re a stay for negotiation as 'it was a duplication of the previous stay attempt'. If I took this letter at face value I would be fooled into NOT filing an AQ before the 23 Sept as directed in the letter.

 

But I'm not being fooled, I've downloaded and completed today and am about to post SD.

 

MB

[Guest]

if in any doubt double check again with court, see what the court (not AK) say about their own letter?

[MeeBroke]

if in any doubt double check again with court, see what the court (not AK) say about their own letter?

 

Thanks Ford

 

I've checked. The court letter was no error. I must submit AQ.

 

MB

[Guest]

so, it is stayed with directions as ordered by the court. be minded, if required, to mention their attempt to get you to ignore court letters/directions.

[MeeBroke]

Right, I am now preparing my WS as my Summary Judgement hearing is on the 21st October. Losing my nerve somewhat I contacted a solicitor to ask for help. The story from him is that I would need to pay him £600+vat to prepare the WS and then would require a barrister to represent me at the hearing, a further £300-400.

 

Apparently if I succeed at the hearing I would get these costs back.

 

Does this all sound correct?

 

Thanks

MB

[citizenB]

It is my understanding that you would receive your costs if you succeed.

[Guest]

meebroke, would this be on 'no win no fee' ie conditional fee?

Edited October 5, 2013 by Ford

[AndyOrch]

The most qualified person to draft a Witness statement in any litigation is yourself MB...and a lot cheaper:wink:

 

Regards

 

Andy

[MeeBroke]

Thanks guys.

 

Ford: no, the solicitor says they won't do that for Sumaary Judgment hearings-no matter how good the case.

 

Andy: he has told me that judges tend to be more hostile with self litigants.

 

MB

[Dotty50]

meebroke, would this be on 'no win no fee' ie conditional fee?

 

I pretty sure that this option is not available any more Ford.

[AndyOrch]

" Andy: he has told me that judges tend to be more hostile with self litigants."

 

I would also tell you same if I could get £600 for 5 paragraphs:wink:

[BRIGADIER2JCS]

Most judges mebroke are very fair and understanding towards litigants in person.

[MeeBroke]

Thanks Andy. I thought that too. He points me in the direction of these cases:

 

Kotecha v Phoenix

Swain v Hillman

Three Rivers

EDF Man v Patel

[AndyOrch]

Example WS post #106 here:-

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?385445-Lowell-Drydens-Three-Mobile-issued-claim-form-say-a-credit-agreement-what/page6

[Guest]

Thanks guys.

 

Ford: no, the solicitor says they won't do that for Sumaary Judgment hearings-no matter how good the case.

 

......

 

MB

 

I pretty sure that this option is not available any more Ford.

 

ok. makes sense re SJ alone. cheers

Edited October 5, 2013 by Ford

[Capricorn1601]

Any update MeeBroke? How was your day in court?

[MeeBroke]

Any update MeeBroke? How was your day in court?

 

It's all gotten very messy as Claimant and Judge agreed my Defence was actually no Defence at all. I've been given an adjournment to try and rectify. I have retained a solicitor.

[Guest]

at least you've been given time to rectify, thats good. and you now have legals.

in what respect was it no good?

Edited October 31, 2013 by Ford

[MeeBroke]

at least you've been given time to rectify, thats good. and you now have legals.

in what respect was it no good?

 

It was referred to as a 'denial' with no defence. It's costing me a fortune to rectify but I've learned LOADS.

[Guest]

It was referred to as a 'denial' with no defence.......

 

i see, they're saying something akin to CPR Practice Direction 3A para 1.6?

Edited November 1, 2013 by Ford

[MeeBroke]

i see, they're saying something akin to CPR Practice Direction 3A para 1.6?

 

Exactly. The defence I constructed on here contained no argument. It was basically a paragraph of denial. My new one runs to several A4 pages.

 

MB

[AndyOrch]

Exactly. The defence I constructed on here contained no argument. It was basically a paragraph of denial. My new one runs to several A4 pages.

 

MB

 

Well it was good enough to stop them getting Summary Judgment and you attaing victory at the hearing....which most claimants get 99.9% on application.Perhaps share your several page defence here with others MB.

 

Regards

 

Andy