help please - **Discontinued***

[supasnooper]

You need to adhere to the following timeline.

 

From date of issue to date of service = 5 days.

 

Then you get a further 14 days in which to acknowledge service.

 

You will need to go online and using the password on the claim form advise the court whether you are going to defend all, or admit the claim.

 

If you are defending all, then you will then get a further 14 days in which to submit your defence.

 

You MUST stick to this timescale or the opposition will get a judgement by default.

[chippo]

Are you doing it online? get your holding defence prepared! You can wait up until you have enough time left to get your defence into court if you wish.

 

DON'T be late getting it in!!!!

 

It's unlikely they'll respond with everything you've asked for anyway.

 

M

 

is there a template available for a holding defence? or do i need to get one together, i think my 33 days runs out on 30th december.

[Craftygirl42]

Chippo, if you search for embarassed defence, there are plenty you can adapt to suit you

[MandM]

Chippo, if you search for embarassed defence, there are plenty you can adapt to suit you

 

 

Hi Chippo,

 

Been off (watching Ricky Gervais ). If you don't find one by tomorrow i'll post one up that you can adapt to suit,

 

M

 

Have a look towards the end of this thread,

 

M

 

http://www.consumeractiongroup.co.uk/forum/legal-issues/237304-court-claim-need-help.html

Edited December 17, 2009 by MandM
added a bit

[chippo]

nice 1 M, so how long do i give mbna to respond to the cpr's before i send in my holding defence, my defence has to be in by the 30th dec, thx for the help i really appreciate it.

[MandM]

nice 1 M, so how long do i give mbna to respond to the cpr's before i send in my holding defence, my defence has to be in by the 30th dec, thx for the help i really appreciate it.

 

it's usually doubtful with MBNA as to whether they do actually respond, and if they do it will most likely be no more than a partial response.

 

If anything does come of the CPR, you won't want to comment on it until you've posted it up here and got a few opinions on it.

 

Regardless of this PLEASE just make sure you submit your defence AND submit it on time. Don't let them beat you by default.

 

M

[chippo]

thx, if i submit on-line do i use the same password and process as i did when i acknowleged the service, (sorry for being thick)

[MandM]

Yes

 

M

[MandM]

(sorry for being thick)

 

Not thick - learning :D:D

 

M

[chippo]

ok, i'm ready to send my embarressed defence since i have had no reply from restons,i have used the one that M told me to have a look at, i have two questions guys,

1) shall i omitt 'e' from the defence (i dont understand what this bit means,

2) does it look ok to send,

 

thanks, chippo,

 

 

in the xxxxxxxx County Court

Claim number

 

Between

 

 

xxxxxxxxxxx- Claimant

 

 

and

 

 

 

 

xxxxxxxxxxxx- Defendant

 

 

 

 

 

 

 

Defence

 

1. I xxxxxxxxx of xxxxxxxxxxxxx am the defendant in this action and make the following statement as my defence to the claim made by xxxxxxxxxxxx

 

2. The Defendant is embarrassed in pleading to the Particulars of Claim as it stands at present, inter alia: -

 

3. The claimants' particulars of claims disclose no legal cause of action and they are embarrassing to the defendant as the claimant's statement of case is insufficiently particularised and does not comply or even attempt to comply with CPR part 16. In this regard I wish to draw the courts attention to the following matters;

 

a) The Particulars of Claim are vague and insufficient and do not disclose an adequate statement of facts relating to or proceeding the alleged cause of action. No particulars are offered in relation to the nature of the written agreement referred to, the method the claimant calculated any outstanding sums due,or any other matters necessary to substantiate the claimant's claim.

 

b) A copy of the purported written agreement that the claimant cites in the Particulars of Claim, and which appears to form the basis upon which these proceedings have been brought, has not been served attached to the claim form.

 

c) A copy of any evidence of both the scope and nature of any default, and proof of any amount outstanding on the alleged accounts, has not been served attached to the claim form.

 

d) A copy of any termination notice served under section 76 and/or section 98 of the CCA, on the alleged account, has not been served attached to the claim form.

 

e) A copy of any notice of assignment compliant with the provisions of the Law of Property Act 1925, on the alleged account and proof of original service of said assignment to the defendant, has not been served attached to the claim form.

 

4. Consequently, I deny all allegations on the particulars of claim and put the claimant to strict proof thereof

 

5. I respectfully request the courts permission to submit an amended defence should the claimant file a fully particularised Particulars of Claim

 

Statement of Truth

 

 

I xxxxxxxxxxx, believe the above statement to be true and factual

 

 

Signed .....................

 

Date

County Court guidebook by Judge Patricia Pearl Follow this link to read the review of this excellent Small Claims Guidebook.

This comprehensive and very accessible guide will take you through the process of suing or defending a claim.

This guide will help you take control of your litigation and make you more confident about doing it yourself.

Applies to England and Wales

[chippo]

also do you think i should add this?

 

The defendant requested information referred in the claim under CPR 18 & CPR 31.14 from the claimant by Royal Mail Special Delivery. The request was received by the claimant on the XX December 2009, compliance with the requests has now expired. The defendant wishes to make the court aware that the claimant is trying to frustrate proceedings and denying the defendant an opportunity to file a defence.

[MandM]

Hi chippo. ED looks fine but as you said, E can be omitted. As it is MBNA themselves that are taking to you to court the NOA does not apply. This is only required if they have sold the debt on to another party.

 

I'd agree that it would certainly do no harm at all to add that last bit it too

 

M

[chippo]

thanks M i greatly appreciate your help, will be sending this on line first thing tomorrow, once again thanks mate,

[MandM]

And a Happy New Year to you. Post back up when you hear something back

 

M

[chippo]

all done and sent off, do i just sit back and wait now for something to happen?

 

thx M and a happy new year to you too.

[MandM]

all done and sent off, do i just sit back and wait now for something to happen?

 

thx M and a happy new year to you too.

 

Yep

[chippo]

hi, just an update as ive been away for a few weeks,

after sending in my embarrassed defence i received a letter from the court dated 29/12/09 saying that they acknowledge receipt of my defence and a copy is being served on the claimant,the claimant may then contact me to try to resolve the dispute if it cant be resolved they should inform the court that they wish to proceed, if they wish to proceed they should inform the court within 28 days after receiving my defence, after this period has elapsed the claim will be stayed,

i havnt heard anything as yet so do i continue to wait?

[supasnooper]

Have you read this thread ? It may be of help if you wish to be pro-active -

 

http://www.consumeractiongroup.co.uk/forum/legal-issues/241827-legal-action-how-start.html

 

As you will read the next stage if the Claimant proceeds will be the Allocation Questionnaire

[chippo]

thx for that super, but i received a letter from restons today as follows,

 

MBNA V YOURSELF

 

we write in respect of the above matter.

 

our client has requested that we discontinue the proceedings against you. please find attached a consent order we require you to sign to confirm that you agree to the proceedings being discontinued.

we would be gratefull if you could sign and return within he next 7 days.

 

what excatly does this mean please?

[supasnooper]

As it stands, Restons\MBNA have\will stop pursuing you through the Court.

 

However, this is subject to you signing a Consent Order which only you and Restons are a party to.

 

If the terms and conditions are favourable to you........then you've won.

[chippo]

thx again, terms and conditions sounds ominous,

on the consent order it says

1) the proceedings in this matter be discontinued

2) there will be no order for costs

[supasnooper]

If you are happy taht you will not get any costs, then Restons will discontinue and MBNA will struggle to pursue you again through the Courts.

 

However, If you feel that you deserve recompense for your fight against MBNA\Restons, then write to them asking for your costs or you will be very happy to proceed to trial.

[chippo]

to be honest super its cost me nothing really,i'm finding it hard to believe that they didnt want to take me to court at least, it all seems too good to be true, maybe i'll wake up soon lol

[supasnooper]

You know we are here if you need us.

 

BTW.

 

Congratulations and well done; please do let us know when you've decided which path you are going to follow.

[chippo]

will do, thanks