Drydensfairfax served court papers - ***Claim Discontinued***

[AndyOrch]

Look at your Notice of Allocation what date has been directed to exchange Bundles prepare evidence and exchange Witness Statements?

[catquest]

Interesting the POC is for an "agreement held with MBNA" where the original agreement was with Beneficial and MBNA don't have the documents any longer. This surely must fail on s78 grounds ( although formally I presume another CCA request should have been made to AG as the new creditor )

[AndyOrch]

Interesting the POC is for an "agreement held with MBNA" where the original agreement was with Beneficial and MBNA don't have the documents any longer. This surely must fail on s78 grounds ( although formally I presume another CCA request should have been made to AG as the new creditor )

 

[dogbert21]

Hi catquest, yes a CCA and CPR31-14 request was made to Drydens Fairfax (acting solicitor for AG at the time). Got a letter back each time stating that they would provide CCA but never delivered! At mediation AG said they would provide the CCA in 2-3 days - that was 3 weeks ago!

 

Regards

 

Dogbert

[dogbert21]

Andy,

 

I might have dropped the ball here, all parties to exchang docs by 28th Feb. Didn't send anything to AG as they have already got copies of the letters that I was going to take to court, after re-reading the Notice of Allocation, it says copies to the other party and the court office.

[AndyOrch]

Have they sent anything to you....this is Small Claims Track correct?

[dogbert21]

To say I am fuming is an understatement, attached is the CCA that Arrow Global are taking me to court with - I have waited nearly 3 years for this and this is the best they can do!

 

[ATTACH=CONFIG]42349[/ATTACH]

[AndyOrch]

Mmmmmm a set of T&Cs that should be useful for enforcement ....not:roll:

[dogbert21]

Sorry Andy,

 

I missed your previous question. no AG had sent me nothing by the 28th Feb but I got the letter with the T&C's, a couple of card statements, assignment letter and default letter on the 12th March.

And yes this is on the small claims track even though it is approx. 5.5k

[AndyOrch]

So neither of you have exchanged or filed anything with the Court?

[dogbert21]

correct....unless AG have submitted to the court but not to me. The letter I got was dated 11th March and said nothing about any docs sent to the court.

[AndyOrch]

You are referring to bundle for Trial or Standard Disclosure...would be helpful if you posted up or typed out verbatim what it actually states on the Notice of Allocation.

[dogbert21]

Here we go, notice of allocation below...

 

 

[ATTACH=CONFIG]42477[/ATTACH][ATTACH=CONFIG]42478[/ATTACH]

[AndyOrch]

Ok thank you dogbert.

 

So as the last sentence states failure will result in that the offending party will be unable to submit evidence without the permission of the court........so you need permission because you have not complied and if they have failed to serve the Court...them also

and even if they have they have not served you so they still require permission.I assume you have not also filed with the court... Witness Statement/Exhibs and anything relied upon in your defence?

 

Regards

 

Andy

[dogbert21]

Correct Andy, I have submitted nothing to the court. Didn't send anything to AG because they should have everything that I was going to use as evidence. Also worth noting AG do not have the agreement which they listed as evidence they will be using in court.

[dogbert21]

Andy, is it worth me going for a N244 application to strike out (without hearing) if neiter myself or AG have not submitted any evidence to the court?

[AndyOrch]

I personally would let the Court Direct but I would prepare a Witness Statement and submit it to both the Court and Claimant...then at least you have complied....not looking to good for the cliamant though.

 

Andy

[dogbert21]

ok, I will do that, do I just need to state in the witness statement that MBNA, DFX and AG have all failed to comply with my section 78 request and that the account is in dispute until they comply?

 

Regards

 

Dogbert

[AndyOrch]

Yes its just a recap of your defence but in your own words and less formal.Serve a copy on the Court and the Claimant.

 

Regards

 

Andy

[dogbert21]

Cheers Andy, I will get it done this week.

 

Regards

 

Dogbert

[dogbert21]

Hi Andy,

 

Attached is a draft of my witness statement, not sure if I need the bit in italics. If it's ok I will post this off this week.

 

Regards

 

Dogbert

 

[ATTACH]42848[/ATTACH]

[dogbert21]

bump

[Guest]

dog

i think andyorch is not about for abit. can you hang on, whats your deadline?

[dogbert21]

Hi Ford, I am ok for a bit, the big day is early May.

 

Regards

 

Dogbert

[Guest]

ok.

a wit statement is re what you'll say in court. as andy says, also as your defence etc. ie, i dogbert of xx street (with a statement of truth) will say ................

for your and courts convenience, could set it out in numbered paragraphs?

Edited April 4, 2013 by Ford