MBNA/Optima Legal/Court Papers Rec'd!

[Peedee123]

No there isn't a date. It just advises me that it has been transferred to my local court. The content is

To all parties

This claim has been transferred to the XXXXX County Court for summary judgement.

 

Any idea of where I can find an example of a letter to send to the court? I know I will have to creat one myself so I'm not looking to cut and paste but just want a bench mark of what is a 'good' letter. I want it to sound as tho it's written by me and not in legalise if that makes sense!

[emandcole]

No there isn't a date. It just advises me that it has been transferred to my local court. The content is

To all parties

This claim has been transferred to the XXXXX County Court for summary judgement.

 

Any idea of where I can find an example of a letter to send to the court? I know I will have to creat one myself so I'm not looking to cut and paste but just want a bench mark of what is a 'good' letter. I want it to sound as tho it's written by me and not in legalise if that makes sense!

 

First off I'd call the new court and find out when it's likely to be heard, will give you an idea of how much time you have. You should get a letter from the new court advising you anyway but better to be pro-active. Optima do this all the time, especially when they might be on shoddy ground.

 

They hope for a duffer judge who wants to shoot off for a round of golf to just pass the SJ without too many questions

 

As for the letter you should be able to do this yourself, especially as you state you want it to come from you and not be wrapped in jargon. Just start it with Dear Sir/Madam and go from there.

 

State you are writing to oppose the claimants application for SJ on the following grounds.

 

Give the judge the history to date so they know what steps you've taken to obtain the info you need. Wherever Optima have failed detail that...just look to expose all of Optimas failings so the judge is under no illusion as to the unsuitability of an SJ.

 

List each of those grounds detailing what you don't have and if you do have it detail what is wrong with it. Agreement provided but completely illegible etc. No default notice, just list it all in bullet format and keep it clear and concise. Help the judge to help you ;-).

 

Send it off recorded or better still hand deliver it if you can. I've essentially given you the framework above so sure you'll have no problem composing a perfectly decent letter .

 

You should also pursue an application of your own against Optima to force them into providing the documentation you need, they are stalling and you should look to take advantage of that.

[Peedee123]

That's brilliant Emandcole! Thank you for all your help. I'll definitely give the court a call and find out the state of play. Hopefully by bullet pointing everything the judge will appreciate the clearness of it and look favourably on me not trying to be Rumpole of the Bailey!

 

Thank you again!

[emandcole]

That's brilliant Emandcole! Thank you for all your help. I'll definitely give the court a call and find out the state of play. Hopefully by bullet pointing everything the judge will appreciate the clearness of it and look favourably on me not trying to be Rumpole of the Bailey!

 

Thank you again!

 

Welcome. You should be fine, an SJ is only applicable where there really is no prospect of a defence succeeding, hardly the case when Optima haven't provided you with what you need.

 

Keep us posted.

[GeoffreyAlby]

Help! Just received a letter from Northampton County Court Bulk Centre advising me that my case has been transferred to my local County Court for Summary Judgement - what do I do now? Panic doesn't even begin to describe what I'm feeling at the moment:(

 

Was your case stayed back in February? Did you get a letter from Northampton Court saying that the case had been stayed and that the only course of action was for Optima to apply to a judge for the stay to be lifted?

 

Surely Optima have to apply for the stay to be lifted before they can apply for an SJ?

[Peedee123]

Hi Geoffrey, I never had a letter from Northampton but when I rang them they told me that the case was stayed. The only other letter I've received from NCC since they acknowledged my defence is the one telling me it's been transferred to my local court for Summary Judgement.

[Peedee123]

Well I rang my local county court today and they confirmed that Optima have never filed a response to my defence and they are unsure how they have applied for summary judgement. They also confirmed case is being electronically transferred and is likely to be heard this week!

 

They have advised me to email them directly with a justification as to why it shouldn't go to summary judgement. They said to mark it as urgent as it's pending being heard!

 

And this is our British Justice system?? Sorry to sound bitter but how can Optima be allowed to go for summary judgement when they have never responded to my defence - even the person I spoke to seemed surprised!

 

Confused, angry, upset, etc are just some of the emotions I'm currently feeling but I must try and remain focused so that my email/letter to the court remains coherant and to the point!

 

Just needed to rant and drum up some moral support I guess... feeling very sorry for myself at the moment

[GeoffreyAlby]

Well I rang my local county court today and they confirmed that Optima have never filed a response to my defence and they are unsure how they have applied for summary judgement. They also confirmed case is being electronically transferred and is likely to be heard this week!

 

They have advised me to email them directly with a justification as to why it shouldn't go to summary judgement. They said to mark it as urgent as it's pending being heard!

 

And this is our British Justice system?? Sorry to sound bitter but how can Optima be allowed to go for summary judgement when they have never responded to my defence - even the person I spoke to seemed surprised!

 

Confused, angry, upset, etc are just some of the emotions I'm currently feeling but I must try and remain focused so that my email/letter to the court remains coherant and to the point!

 

Just needed to rant and drum up some moral support I guess... feeling very sorry for myself at the moment

 

 

I dont understand how they can apply for SJ.

 

As far as I was aware , if they didnt reply to your defence, then after 28 days the case will be stayed, at which point their only course of action is to apply to a Judge to have the stay lifted. I would mention this point in your email to the court.

[Peedee123]

This is exactly the point which is puzzling me. I need to get something across to the court this evening as I can't access hotmail from work and I don't want to send the email from my work account for obvious reasons!

 

I'm still stunned that it's being progressed by the court when it's stayed. Is this the difference between what is good practice and what is legal? I.e. good practice is to go through the correct process but legally they

can apply for summary judgement whilst the case is stayed?

 

Anyone out there who can shed any light on the subject please?

[GeoffreyAlby]

This is exactly the point which is puzzling me. I need to get something across to the court this evening as I can't access hotmail from work and I don't want to send the email from my work account for obvious reasons!

 

I'm still stunned that it's being progressed by the court when it's stayed. Is this the difference between what is good practice and what is legal? I.e. good practice is to go through the correct process but legally they

can apply for summary judgement whilst the case is stayed?

 

Anyone out there who can shed any light on the subject please?

 

 

Another point , I think that to have a stay lifted you have to pay a fee.

[Peedee123]

Another point , I think that to have a stay lifted you have to pay a fee.

When I rang the court today they said the stay hadn't been lifted... still all a puzzle...

[GeoffreyAlby]

If you need to email tonight , you need to re iterate that you replied to their claim within time with your defence.

 

 

They failed to respond to your defence within 28 days and that the case was stayed and as such the Court wrote to you stating that the only course of action of the claimant was to apply to a judge for the stay to be lifted.

 

The Claimant has still failed to address your defence and as such your defence stills stands.

 

Furthermore how can the Claimant bypass the need to apply to a Judge to have the stay lifted before trying to abuse the judicial system and apply for a Summary Judgement without your defence being heard.

[citizenB]

peedee, I am just having a read of your thread so I understand what the issues are.

[Peedee123]

peedee, I am just having a read of your thread so I understand what the issues are.

Thank you!

[Peedee123]

 

They failed to respond to your defence within 28 days and that the case was stayed and as such the Court wrote to you stating that the only course of action of the claimant was to apply to a judge for the stay to be lifted.

.

I never received anything in writing but Northampton County Court told me via a phone call that my claim was stayed and also my local County Court confirmed today that Optima haven't responded to my defence...

[citizenB]

Ok this is totally bizarre.

 

You entered an embarrassed defence in February of 2010. The claim was stayed in March 2010 sometime due to no action taken by the Claimant.

 

Although it would appear that no request to have the stay lifted has been made by the Claimant, you have been advised that this has now been transferred to your local court for a Summary Judgement hearing.

 

You received notification from Northampton that this had happened.

 

You contacted your local court only to discover that the hearing is this week, yet there still appears to have been no request to have the stay lifted and you have not been notified either by the Court or Optima that the SJ hearing was on. Presumably you have not been provided with a copy of the SJ application either ?

 

Almost certainly you need to get in a reason why the SJ hearing should not go ahead showing the court that you do have a chance of success and it would appear you have been advised by the Court to email/fax something this evening/early tomorrow morning.

 

 

 

It looks as though the DN is faulty.

 

It was dated 4th December 2009 which was a Friday. That means even if it were posted 1st class the earliest you could have received it would have been Tuesday, 8th December 2009 which would have left you short 1 day. If it was posted 2nd class then of course that would have left you short 3 days.

 

Further delays could have been due to the approach to Christmas and wasnt there some problems with the Royal Mail last year around that time ? strikes and catching up on the mail that had stacked up. Yep, I just checked. The strikes were called off on 6 November 2009, but at that time there were millions of undelivered items..

 

emandcole has given you some ideas in post 175.

 

I would suggest you start your letter by advising that you have had no official notification of this hearing and have received no copy of the SJ appplication from the Claimant or the court.

 

You need to head up your letter with the claim number, the hearing date and time and Claimant v Peedee.

 

Refer to the telephone conversation you had with the court where you discovered the hearing was to take place.

 

Then you need to outline your reasons for opposing the hearing.

 

Can you draft up something that we can have a look at and play around with.

 

 

Meanwhile, I will try and find some help for you.

[citizenB]

I would say that you will have until at least 10.00 am tomorrow morning for anything to be accepted.

 

I have flagged your thread for site team attention and also sent out S.O.S to emandcole and diddydicky for you.

[Peedee123]

Ok this is totally bizarre.

 

Can you draft up something that we can have a look at and play around with.

 

 

Meanwhile, I will try and find some help for you.

Thank you CB... I'm drafting something now

[Peedee123]

Hi CB... How about this for a rough first draft?

Case No: xxxxxx

MBNA Europe Bank Ltd –v- Peedee

Dear Sir or Madam

I am writing to oppose the claimants (MBNA Eurpope Bank Ltd) application for Summary Judgement as I have had no official notification of the hearing and I have not received a copy of the Summary Judgement from the Claimant or the Court.

I would also like to bring the following points to the courts attention

 

• I entered my defence via Northampton County Court on 24th February 2010
  
• I received confirmation from Northampton CC on 1st March 2010 that my defence was filed
  
• I was further informed that the claimant must contact the court within 28 days after receiving a copy of my defence. After that period has elapsed the claim will be stayed and the only action the claimant can then take will be to apply to a judge for an order lifting the stay
  
• On 4th June 2010 Northampton CC confirmed my case was stayed
  
• 30th July I received a letter from Northampton CC that my case was being transferred to XXX County Court for Summary Judgement.
  

However I have not received any correspondence to say that an application has been made to lift the stay. I have further confirmed this by phoning XXX County Court today who told me that no response had been filed to my defence and that no application to lift the stay had been made but that my case had been electronically transferred to them and the case was likely to be heard this week.

Furthermore I would also like to bring the other points listed below to the Courts attention

 

• The default notice which MBNA served does not comply with the required timeframes
  
• MBNA did not comply with my CPR31.14 request in the permitted timeframe
  
• The documentation they have sent me is illegible and doesn’t contain the necessary interest rates, credit limit etc
  

As I said its a rough first draft so very happy to take on board any advice or suggestions

[pompeyfaith]

Case No: xxxxxx

MBNA Europe Bank Ltd –v- Peedee

Dear Sir or Madam

 

I am writing to oppose the claimants (MBNA Eurpope Bank Ltd) application for Summary Judgement as I have had no official notification of the hearing and I have not received a copy of the Summary Judgement from the Claimant or the Court.

 

I would also like to bring the following points to the courts attention

 

• I entered my defence via Northampton county court on 24th February 2010
  
• I received confirmation from Northampton CC on 1st March 2010 that my defence was filed
  
• I was further informed that the claimant must contact the court within 28 days after receiving a copy of my defence. After that period has elapsed the claim will be stayed and the only action the claimant can then take will be to apply to a judge for an order lifting the stay
  
• On 4th June 2010 Northampton CC confirmed my case was stayed
  
• 30th July I received a letter from Northampton CC that my case was being transferred to XXX for Summary Judgement.
  

Furthermore I wish to bring to the courts attention CPR PART 1 as it is very clear that Optima Legal has not followed this Civil Procedure Rule though out this case thus far.

 

However I have not received any correspondence to say that an application has been made to lift the stay. I have further confirmed this by phoning XXX county court today who told me that no response had been filed to my defence and that no application to lift the stay had been made but that my case had been electronically transferred to them and the case was likely to be heard this week.

 

Furthermore I would also like to bring the other points listed below to the Courts attention

 

• The default notice which MBNA served does not comply with the required timeframes
  
• MBNA did not comply with my CPR31.14 request in the permitted timeframe
  
• The documentation they have sent me is illegible and doesn’t contain the necessary interest rates, credit limit etc
  

[citizenB]

I think you have detailed everything that you should. I think perhaps you need to end the letter with something like..

 

 

"For these reasons I contend that the claimant has no prospect whatsoever of succeeding in his claim and I invite the court to award summary judgement in favour of the defendant."

It might be worth you having a look at diddydicky's thread. I have linked you to the relevant post below.

http://www.consumeractiongroup.co.uk/forum/show-post/post-2976582.html

HTH

Edited August 2, 2010 by citizenB
removing font formatting commands

[Peedee123]

Case No: xxxxxx

MBNA Europe Bank Ltd –v- Peedee

Dear Sir or Madam

 

I am writing to oppose the claimants (MBNA Eurpope Bank Ltd) application for Summary Judgement as I have had no official notification of the hearing and I have not received a copy of the Summary Judgement from the Claimant or the Court.

 

I would also like to bring the following points to the courts attention

 

• I entered my defence via Northampton county court on 24th February 2010
  
• I received confirmation from Northampton CC on 1st March 2010 that my defence was filed
  
• I was further informed that the claimant must contact the court within 28 days after receiving a copy of my defence. After that period has elapsed the claim will be stayed and the only action the claimant can then take will be to apply to a judge for an order lifting the stay
  
• On 4th June 2010 Northampton CC confirmed my case was stayed
  
• 30th July I received a letter from Northampton CC that my case was being transferred to XXX for Summary Judgement.
  

Furthermore I wish to bring to the courts attention CPR PART 1 as it is very clear that Optima Legal has not followed this Civil Procedure Rule though out this case thus far.

 

However I have not received any correspondence to say that an application has been made to lift the stay. I have further confirmed this by phoning XXX county court today who told me that no response had been filed to my defence and that no application to lift the stay had been made but that my case had been electronically transferred to them and the case was likely to be heard this week.

 

Furthermore I would also like to bring the other points listed below to the Courts attention

 

• The default notice which MBNA served does not comply with the required timeframes
  
• MBNA did not comply with my CPR31.14 request in the permitted timeframe
  
• The documentation they have sent me is illegible and doesn’t contain the necessary interest rates, credit limit etc
  

Thank you PF - I'll put that in as well....

[emandcole]

Something doesn't add up here, we all agree on that much!

 

SJ is only available to the claimant when the defendant has filed a defence or at least acknowledged the claim, in the majority of cases with exceptions for the type of claim SJ is perhaps appropriate. Clearly it would be for the claimant to then show the defendant has no real prospect of success etc.

 

The fact that a SJ application appears to have been processed this far would suggest that Peedee has certainly had his/her response recognised. That seems safe to presume then.

 

So, if the court confirms Optima have not submitted a defence and that the fee to have the stay removed has not been met something somewhere has crossed. How do we deal with it?

 

Can only suggest highlighting every aspect of the claim in full detail so the judge can be under no illusion that there is a mistake here. Have not submitted one of these myself so cannot write from experience but believe the process essentially involves legitimately refuting aspects of the claim so the judge is alerted to anomolies that need court time to address.

 

I believe given the series of events described that Peedee should have little difficulty opposing this as even the court doesn't appear to know what it's doing. SJ is therefore hardly a safe option to take, even if it were granted I suspect Peedee would have little trouble getting it set aside. Let's try and avoid that though and get the SJ denied.

 

Peedee, in view of the deadlines and possible lack of caggers with a better idea I have used your response and adjusted it. Welcome opinions from others of course but feel this should be sufficient to get what you need.

 

Case No: xxxxxx

MBNA Europe Bank Ltd –v- Peedee

Dear Sir or Madam

 

I am writing to oppose the claimants (MBNA Europe Bank Ltd.) application for Summary Judgment. The defendant would offer the following reasons in support of this request:

• The defendant submitted a defence via Northampton County Court on 24th February 2010
  
• The defendant consequently received confirmation from Northampton CC on 1st March 2010 that a defence had been filed
  
• The defendant was further informed that the claimant must contact the court within 28 days after receiving a copy of the defence. After that period has elapsed the claim will be stayed and the only action the claimant can then take will be to apply to a judge for an order lifting the stay
  
• On 4th June 2010 Northampton CC confirmed the case was now stayed
  
• On 30th July the defendant received a letter from Northampton CC stating that the case was being transferred to XXX County Court for Summary Judgement.
  

To date the defendant has not received any correspondence advising that an application has been made to lift the stay. This position was confirmed by XXX County Court on (INSERT DATE) during a telephone conversation.

The claimant to date has not made any application to have the stay lifted. To date the claimant has also failed to submit a response to the defence.

The defendant understands this case has been electronically transferred to the court for consideration of a Summary Judgment application and the case was likely to be heard this week.

 

Additionally the defendant has had no official notification of the hearing and has not received a copy of the Summary Judgment application from the Claimant or the Court.

Irrespective of the matters raised above the defendant wishes to draw attention to facts not addressed by the claimant, which should have been resolved in response to the submitted defence.

• The defendant avers that the default notice MBNA served does not comply with prescribed regulations and is therefore invalid.
  
• MBNA has failed to comply with a CPR31.14 request issued on the (INSERT DATE) for information needed by the defendant.
  
• The defendant maintains that documentation provided by the claimant is wholly illegible.
  
• The defendant also maintains such illegibility has resulted in essential prescribed terms being missing, which could render any agreement as unenforceable.
  
• ANY OTHER ISSUES CONCERNING THE CLAIM ITSELF ADD THEM TOO
  

Whilst these difficulties stand unaddressed and the processing of this claim remains subject to anomoly, Summary Judgment in favour of the claimant is wholly inappropriate.

 

In order to progress this matter the defendant would be grateful to the court for clarification as to the actual position of the claim as the court itself appears to be providing conflicting information as to the present status.

 

To date the defendant remains unaware of any change in the status of this claim and believes the stay granted on the (INSERT DATE) remains.

 

Perhaps add a statement of truth at the end as it will not hurt to include one. Sign it, make sure you print your name underneath for clarity and get it off immediately.

[emandcole]

Looks as if you've had plenty of others drop in since I started this which is great.

 

All the best with it, have no reason to believe you won't be successful given what you've told us

[pompeyfaith]

nothing further to add by me emandcole that's a good letter and brings the facts to the attention of the court.

 

Peedee what is happening here is tipical of Optima Legal and its about time the courts brought them to book.

 

PF