Varde/Brachers claimform - MBNA card

[Smoothound]

I'm assuming I only need to actually sign one copy of the N244 and Defence Statement and photocopies will do for the other copies or should I actually sign all copies?

[Smoothound]

Right I'm done

 

Everything printed and ready for the Post Office later

 

Still no documents from Brachers but I guess I knew that wasn't going to happen even when I wrote the letter requesting them!

 

Up to the court now and I am slowly getting my head round what I am supposed to be doing

[citizenB]

I'm assuming I only need to actually sign one copy of the N244 and Defence Statement and photocopies will do for the other copies or should I actually sign all copies?

 

 

Yes, you only need sign the original for the court and the others can be photocopies of that.

[Smoothound]

Got a letter from Brachers this morning! Says they are still awaiting docs from their client(6 weeks and counting so far then!) and have extended the defence by date by another 28 days which now makes it 3/3/12! Can they not do simple maths? Unbelievable if you ask me that anyone at the firm is allowed to do the job they are doing!!!

[citizenB]

Hmm, you need to check with the court that an extension has been applied for, I would think ?

[Smoothound]

I will give them a ring later today

 

I'm not too worried as my stuff went off to the court yesterday so I have a defence in place for the 5th Jan plus my N244 requesting the courts help with obtaining the documents is in progress.

 

I am wondering if it is a ploy to try to get me to fail to lodge a defence so they can obtain a default judgement? If that turns out to be the case how legal would it be for them to do that?

[citizenB]

I will give them a ring later today

 

I'm not too worried as my stuff went off to the court yesterday so I have a defence in place for the 5th Jan plus my N244 requesting the courts help with obtaining the documents is in progress.

 

I am wondering if it is a ploy to try to get me to fail to lodge a defence so they can obtain a default judgement? If that turns out to be the case how legal would it be for them to do that?

 

If as you believe, it is a ploy in order that you fail to lodge a defence in time.. then you would just alert the Court manager to this, I am sure the court would not be amused.

 

What I cant quite get my head round is that they say they are allowing a further 28 days .. they cant simply do that.. they need to ask for a stay and they need to do it properly.. Which is why I have advised you to contact the court.

 

It is irrelevant anyway, as you say you have submitted your defence, along with the application. Which they will be advised of soon

[Smoothound]

What would you do regarding the letter now then assuming I phone the court and they say the defence date is still 5/1/12? Should I mention the letter when I phone the court or send a copy in for the court to see?

[citizenB]

What would you do regarding the letter now then assuming I phone the court and they say the defence date is still 5/1/12? Should I mention the letter when I phone the court or send a copy in for the court to see?

 

 

If the court says that the defence date is still 5/01/2012, you SHOULD definitely mention the letter from Brachers.. then confirm everything that has been said by letter.. including a copy of Bracher's missive.

[car2403]

My view - await the Court's response to your application. The Court won't extend the Defence date again until and unless you agree to it. IMHO, you shouldn't agree to it, as this situation should never have been arrived at. No Court claim should be issued without sufficient supporting documentation.

 

If you agree to an extension, you're just playing their game, and in any case the Court may decide enough is enough anyway.

 

Another successful claim for Brachers - NOT!

[Smoothound]

Well the woman I spoke to said that my N244 is with the Judge now but won't be looked at till Tuesday as there are none in till then! As far as the case goes the defence date is still 5/1/12 and she can find nothing from Brachers/Varde about another 28 days. She advised me to ring again on Wednesday after the Judge has looked at my application.

[citizenB]

tsk, tsk.. seems like they were pulling a fast one

[car2403]

The more I think about this, this latest statement on lack of documentation gives you sufficient grounds to seek Summary Judgment in the claim.

 

Sadly that would mean another application, so would likely only delay things now an application is in process.

 

I'd be surprised if a Judge looks at the file on Tuesday - most County Courts have a 5-7 working day turnaround on paperwork - but I guess it depends on what the workload looks like just now.

[Smoothound]

tsk, tsk.. seems like they were pulling a fast one

 

Yeah! Pretty much what I thought the minute I read it first thing this morning! Blooming cheek of them

[Smoothound]

The more I think about this, this latest statement on lack of documentation gives you sufficient grounds to seek Summary Judgment in the claim.

 

Sadly that would mean another application, so would likely only delay things now an application is in process.

 

I'd be surprised if a Judge looks at the file on Tuesday - most County Courts have a 5-7 working day turnaround on paperwork - but I guess it depends on what the workload looks like just now.

 

 

She said there was a bit of a backlog so I am already not expecting much when I phone on Wednesday. I just wish I'd waited another few days before sending off my N244 but even though I knew I was inside time I wanted to be sure

[car2403]

She said there was a bit of a backlog so I am already not expecting much when I phone on Wednesday. I just wish I'd waited another few days before sending off my N244 but even though I knew I was inside time I wanted to be sure

 

You've done the right thing. If you submitted it out of time, you couldn't argue that the other side is behaving unreasonably at a later date - something which will be very important when we win and the Court comes to consider costs.

[Smoothound]

You've done the right thing. If you submitted it out of time, you couldn't argue that the other side is behaving unreasonably at a later date - something which will be very important when we win and the Court comes to consider costs.

 

Thanks Car In a sick sort of way I'm enjoying this now I still don't understand a lot of it but it is interesting and making my brain do stuff it's not used to doing

[car2403]

Thanks Car In a sick sort of way I'm enjoying this now I still don't understand a lot of it but it is interesting and making my brain do stuff it's not used to doing

 

Imagine how I feel! I dream about Defences!!

[Smoothound]

Received my bundle back from the court today, along with a Notice of Hearing Application. This is set for 2pm 25/1/12. I assume this is when the judge will decide what to do about my N244?

[car2403]

Exactly

[Smoothound]

Exactly

 

Cool

 

Assume it's best to sit on this letter from Brachers as well until I hear more from the court? I've not phoned and checked again about possible extension applications with the court as I've been busy this week!

Edited January 8, 2012 by Smoothound

[car2403]

Cool

 

Assume it's best to sit on this letter from Brachers as well until I hear more from the court? I've not phoned and checked again about possible extension applications with the court as I've been busy this week!

 

I'd say so, yeah. You should hear something this week, or early the week after once the file has been processed by the office.

[Smoothound]

OK. Got a load of paperwork from Brachers today including the following letter. Please feel free to read and ask to see copies of anything else included. I will say the CCA is the same as the one earlier in the thread but I can post again if required to make it simpler. They mention again in the letter that they have extended my time to file a defence by 28 days but it's still the 3/3/12 which is twice that. i've not phoned the court about this extension again yet but as I said above they knew nothing about it last time I called.

 

Advice please

 

[car2403]

So the claim form amount is wrong as the PPI has been repaid? Or, they've paid you the PPI amount and are now trying to reclaim the same amount again? This alone makes the claim incorrectly particularised!

 

Interesting they want you to withdraw your application, when they should be making their own to amend the particulars, and having both dealt with at the same hearing. We will NOT be withdrawing our application!

 

I would suggest a letter acknowledging all this and asking them to respond to your application by way of requesting amended particulars of claim and a draft order for directions following that. In fact, you could draft your own order for directions and send them that, asking them to agree to them and to enclose them with their application for amendment of the POC.

 

It's really interesting how they've worded this letter - this makes me think they are concerned about your application. The fact they've said you should seek independent advice is a bit of a slap in the face. There's nothing to seek advice on, yet! And in any case, CAG is here to help, regardless...

[Smoothound]

The PPI was paid to me and is still in dispute as the amount was wrong according to my figures. I complained to the FOS but they have mildly screwed up by starting a new claim which MBNA have said has already been settled in May. I've pointed out this to the FOS and they have now asked MBNA for a full breakdown of the amount paid out etc. but this was only this week so not had any figures yet.

 

I also notice they didn't supply the Deed of Assignment, should they have?

 

Seems the change of defence filing date was not a ruse then to make me miss the 5/1/12 or was it? Should I do anything with that letter now? They keep mentioning the extended date but further up it was said that I have to agree to it???