County Court Claim - Hillbillies (prev MBNA)

[Battlescars]

HELP.

 

submitted defence on the due day which was 02.07.12 had acknowledgement from court saying they sent copy to sols.

 

I waited the 28 days for them to reply, and heard nothing.

 

Now it's day 46 after submission date and I have today received a NOTICE OF TRANSFER OF PROCEEDINGS to my local court for them to deal with the Claimant's application for Summary Judgement. This is dated 15.08.12. It says that the court will refer the application to a judge, or, if there is to be a hearing, will send you and the other parties notice of the time, date and place of hearing. You will be sent a copy of the judge's decision.

 

Checked MCOL today and still says last thing was defence submitted.

Is this right?? I haven't received any AQ etc...and defended in full.

So what do I need to do??

Thanks

BS

Edited August 17, 2012 by Battlescars

[Battlescars]

bump

[citizenB]

I am sure someone will look in over the weekend.

 

It is odd that there appears to be some conflict of information - where has the "notice of transfer of proceedings come from" ?

 

Right, so they are applying for a Summary Judgment hearing. I think this removes the need for an allocation questionairre. You should receive a copy of the SJ paperwork along with any witness statement the oppostion are using to support their application. You will need to submit any rebuttal statement 7 days prior to the hearing.

[andydd]

Hi there.

 

In a SJ you dont have to prove everything in your defence (SJ's are NOT suppossed to develop into mini-trials), you just have to show the Judge that your case isnt hopeless and that you do have a defence and a reasonable prospect of winning (not that you will win, you may go on to lose but thats not the point, as SJ's remove a chance of justice they should be used spareingly and only given if the other side clearly has no claim/defence and hasnt breached court process).

 

Be aware of the 7 and 3 day deadlines.

 

Have a good read of > CPR 24 - http://www.justice.gov.uk/courts/procedure-rules/civil/rules/part24

 

and

 

PD 24 - http://www.justice.gov.uk/courts/procedure-rules/civil/rules/pd_part24#id3585812

 

Andy

[Battlescars]

Hi there.

 

In a SJ you dont have to prove everything in your defence (SJ's are NOT suppossed to develop into mini-trials), you just have to show the Judge that your case isnt hopeless and that you do have a defence and a reasonable prospect of winning (not that you will win, you may go on to lose but thats not the point, as SJ's remove a chance of justice they should be used spareingly and only given if the other side clearly has no claim/defence and hasnt breached court process).

 

Be aware of the 7 and 3 day deadlines.

 

Have a good read of > CPR 24 - http://www.justice.gov.uk/courts/procedure-rules/civil/rules/part24

 

and

 

PD 24 - http://www.justice.gov.uk/courts/procedure-rules/civil/rules/pd_part24#id3585812

 

Andy

 

I am sure someone will look in over the weekend.

 

It is odd that there appears to be some conflict of information - where has the "notice of transfer of proceedings come from" ?

 

Right, so they are applying for a Summary Judgment hearing. I think this removes the need for an allocation questionairre. You should receive a copy of the SJ paperwork along with any witness statement the oppostion are using to support their application. You will need to submit any rebuttal statement 7 days prior to the hearing.

 

Thanks guys. As I don't know when the hearing is yet, I assume when i get notified of this date, it will give me sufficient time in order to submit a rebuttal statement 7 days prior, but i should also receive the WS and support paperwork from the claimants (which I haven't done yet).

 

Pretty certain my case isn't hopeless, just need to go about it the right way. i guess I better start copying and labelling my paperwork (plenty of it). this would be sent to the new local court too I guess.

 

Cheers guys

BS

 

PS. i'll get reading them too.

[andydd]

Dont forget its 7 working days so make sure you get it in in good time.

[DonkeyB]

They should be providing a WS and evidence to accompany their SJ app. You must demand it from them!

[Battlescars]

They should be providing a WS and evidence to accompany their SJ app. You must demand it from them!

 

Hi DB, thanks.

Yes done this now and they have come back to me saying I'll get this in the post from the court! So do i have to wait for the court to send it me or do i get back to them with another demand (but hopefully something with a bit of weight behind it). I'm worried that if I wait for the court to send it won't give me time to get my stuff ready or respond.

They also didn't make the submission until day 31 after defence submission date. does that make any difference as I thought they only had 28 days?

Cheers

BS

[DonkeyB]

An SJ app can happen anytime, but in this case it will almost certainly be accompanied by an app to lift the stay IF they applied after 28 days. The delays in court admin make it hard to guess.

 

I think it’s up to the claimant – not the court – to serve their evidence on you.

 

Maybe call the court and ask for a copy of the application, and whether there was also an application to lift the stay?

[Battlescars]

An SJ app can happen anytime, but in this case it will almost certainly be accompanied by an app to lift the stay IF they applied after 28 days. The delays in court admin make it hard to guess.

 

I think it’s up to the claimant – not the court – to serve their evidence on you.

 

Maybe call the court and ask for a copy of the application, and whether there was also an application to lift the stay?

 

when I demanded the docs I also asked when the app was made to the court. they replied with submission date of 2nd Aug. No mention of lifting Stay in the notification I got. The notification was dated 15th Aug, which i'm assuming, would account for court admin/backlog.

 

If it is down to them (not court), I'll need some to have something to back up my request with?...anything you know of?

Seems unfair that our evidence has to be in 7 wk days prior and theirs just 3?? Seems in wrong order.

 

yes, will call the court and ask after checking post when i get home. Thanks again DB.

[Battlescars]

Update:

couldn't call NBCC yesterday. I emailed NBCC to clarify when they received app and when the Stay began and copy of app & supporting docs (waiting for a reply). Tried NBCC this morning and message says if transferred court then call them. THEY ARE ALSO HAVING PHONE ISSUES.

So called local court who said that they have the app there. They said it looks like it is already with the judge and to call back later, as they couldn't see any other info other than the application (nothing about lifting a stay either). They said they couldn't see any supporting evidence or WS with it (which is why they thought it was with judge). I told them i have only just been notified of the app and haven't received any copies of application etc... and also not been given the chance to rebut.

Any thoughts? I've been looking at CPR 23 and 6.

 

I'm trying to prepare for a speedy submission of my evidence but will need help with a WS. What is this to contain?

 

Many helps for any help past/present and future.

Thanks

BS

[citizenB]

Guidance notes for Witness statement attached..

 

 

Guidance Notes for WS.pdf

[Battlescars]

thanks CB.

 

Just phoned court, got a hearing early Nov (90mins). Gives me a bit more time to get docs copied and in and WS (still working on it today). Any else i should know about or do?

Cheers

BS

[citizenB]

Have you received a copy of their witness statement and the SJ application form ?

[Battlescars]

Have you received a copy of their witness statement and the SJ application form ?

 

HI CB, no but court said they are sending it to me first class today/tomorrow.

 

Bit peeved off that I hadn't received it before a judge got to view it, but i guess it's good news for me it's going to trial then, as all they've seen from me so far was my defence. Will update y'all when i receive it.

[citizenB]

Oh good, lets hope that you receive it soon. I dont think you can really complete your own WS until you have seen theirs.

[Battlescars]

Update: haven't received the copy app paperwork yet, tried to chase today but couldn't get through.

Just received the Notice of Hearing of App. this is a hearing of the claimant's application for order.

Cheers

BS

[citizenB]

I doubt you will be able to make contact before Tuesday now, because of the Bank Holiday.

[Battlescars]

Right, I have finally got hold of the copy of SJ app with WS and evidence. I have now scanned, depersonalised & added this to here as pdf. I have included notes & QUESTIONS on it too and only included the "evidence" which isn't already on my thread.

 

Just a summary of it:

pages - what it is:

1 -2 - SJ app form

3 -5 - Witness Statement

6 -9 - A1

10 - A5

11 - A7

12 -13 - A8

14 - A10

 

So now I need some help with my own WS. hearing date in early Nov. if you have any q's/advice please put them all down as I won't be able to answer them until later now.

Cheers all

Edited September 15, 2012 by Battlescars

[Battlescars]

bump

[citizenB]

battlescars, could you please split your pdf into maybe 2 or 3.. After 10 minutes of waiting for your file to download, I gave up as it was only 10mb in to the 22mb. I suspect others might be having the same problem

[Battlescars]

battlescars, could you please split your pdf into maybe 2 or 3.. After 10 minutes of waiting for your file to download, I gave up as it was only 10mb in to the 22mb. I suspect others might be having the same problem

 

Ok Cb, will do, thought that may be a problem.

[Battlescars]

ok, here's the app form & the WS. relevant evidence to follow in next post. some of the evidence is already on here or irrelevant. i will mention where these are in the next post too.

 

Also best mention, apparently this was STAYED on 06.08.12, as the court gave them 33 days to respond (from 2nd July: defence submission) but as the 33rd day fell on a Saturday they had until the Monday to respond..which they did with this app.

[Battlescars]

A1: also includes original sign pdf from post 14. This attachment I have never received since problems began but also don't ever remember receiving it originally. First time I have seen this in my memory and docs I have. Q: What can i do about this as I never received this in SAR or before defence was submitted and as part 31.14. I mentioned missing T&C's in defence and they happen to have come up or at least look like they have.

 

A2: post 14, current t&C

 

A3: post 15, DOA

 

A4: post 15, NOA template

 

A5: attached

 

A6: post 14, DN

 

A7: attached - isn't PROOF of DELIVERY required?? ALSO doesn't mention saturday's

 

A8: attached - Do I have to attach relevant law or case law as evidence, as they have done? doesn't mention saturday's.

 

A9: unattached, statements from dec 08 to Nov 09 for some reason.

 

A10: attached. last payment they mention wasn't made. Unsure why they did this?

 

thanks, any advice, questions please ask.

[citizenB]

BS, I have found it easier/quicker to save to my desk top and read it from there. Will have a good read and see if I can help.