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

[Guest]

n244 would be a separate application for court to strike out. generally on that, they would prob do an unless order similar to the direction request above unless court considers that it should be struck straight away on consideration of the application and circumstances. up to you. perhaps wait see what one of the 'veterans' suggest?

Edited December 29, 2012 by Ford

[dogbert21]

Thanks Ford, I will hold fire on the N244 for now and send the aq back with the above section G request. TBO the N244 argument for strike out is simular to the above anyway.

[dogbert21]

Hi, please can someone offer some advice on the attached AQ that I have received from Arrow Global:-

 

Section A1: AG have ticked "yes" to settle the claim before the hearing - do I read into this that their claim is not as strong as they would like me to think or is this just proceedure?

 

Section A2: Does this mean that I have at least a month before any hearing?

 

Section C: "Full details have been provided to the defendant" All I have had is the PoC.

 

Section D:Have you made any application(s) in this claim -"no" not sure what this means?

 

Witness to the facts "contract/debt" Is this contract the CCA that I have still not been provided? (a fact that I have stated on my AQ to the court).

 

Many thanks Dogbert

 

PS. I am in the process of applying for PPI/unfair charges from MBNA/previous card provider.

 

[ATTACH=CONFIG]40407[/ATTACH]

 

[ATTACH=CONFIG]40407[/ATTACH]

Edited January 6, 2013 by dogbert21
file not uploaded

[dogbert21]

[ATTACH=CONFIG]40417[/ATTACH][ATTACH=CONFIG]40416[/ATTACH][ATTACH=CONFIG]40415[/ATTACH][ATTACH=CONFIG]40414[/ATTACH][ATTACH=CONFIG]40413[/ATTACH]

 

Had to upload on this post as had attachement issue on post above....sorry

[AndyOrch]

Hi Dogbert responding to your PM.

 

 

 

Hi, please can someone offer some advice on the attached AQ that I have received from Arrow Global:-

 

Section A1: AG have ticked "yes" to settle the claim before the hearing - do I read into this that their claim is not as strong as they would like me to think or is this just proceedure? Mediation is always encouraged by the Courts by both parties

 

Section A2: Does this mean that I have at least a month before any hearing? Not necessarily the process varies on how busy the Courts are

 

Section C: "Full details have been provided to the defendant" All I have had is the PoC. CPR not responded to then

 

Section D:Have you made any application(s) in this claim -"no" not sure what this means? Claimant has not made any applications (usually for Summary Judgment)

 

Witness to the facts "contract/debt" Is this contract the CCA that I have still not been provided? (a fact that I have stated on my AQ to the court). Yes

Many thanks Dogbert

 

PS. I am in the process of applying for PPI/unfair charges from MBNA/previous card provider.

 

[ATTACH=CONFIG]40407[/ATTACH]

 

[ATTACH=CONFIG]40407[/ATTACH]

 

 

Regards

 

Andy

[dogbert21]

Hi Andy,

 

Thanks for the response to my PM/AQ questions. You are correct, I have had no response to my CPR request so have no visibility of what AG are claiming as a contract, can AG still get a win in court if they cannot produce a contract?

 

Just awaiting a response from the court now.

 

Many Thanks

 

Dogbert

[AndyOrch]

Depends on the age of agreement pre 2007 they cant use a reconstituted version it must be the original to enforce.....but you will be at the mercy of the DJ and if he applies the law.

[Guest]

dogbert

have you sent your aq?

[dogbert21]

Hi Ford,

 

Yes, AQ has been sent back - was due in today.

[Guest]

ok (was going to suggest a slight addition to your proposed direction for andy to consider, but no worries)

[dogbert21]

Hi Andy, not sure how I stand with this, MBNA took over this account from Beneficial Bank in 2008, original card was aquired in the 1990s and MBNA have already stated that they do not have the agreement. This is where it is getting tricky with the PPI claim as can't find address for original Beneficial bank card provider.

[AndyOrch]

Try here:- http://www.consumeractiongroup.co.uk/forum/showthread.php?332912-Beneficial-Bank-PPI

[dogbert21]

Thanks Andy

 

Regards

 

Dogbert

[dogbert21]

Hi all,

 

I have now got my court allocation through for May and a form for mediation. I have got some questions regarding this:-

 

1. Do I have to agree to mediation?

2. What info/docs do I need to provide to the claimant/court?

3. Looking at the allocation form, it suggests that AGG need to provide me with a copy of my CCA by end of Feb?

4. I am still awaiting info from PPI claim, I am assuming that this would be one of the docs I would have to provide to the claimant/court?

 

Still not sure what to expect when I attend court...anyone got any first hand experience of this?

 

Many Thanks

 

Dogbert

 

 

 

[ATTACH=CONFIG]41007[/ATTACH][ATTACH=CONFIG]41006[/ATTACH]

[dogbert21]

bump

[AndyOrch]

Hi all,

 

I have now got my court allocation through for May and a form for mediation. I have got some questions regarding this:-

 

1. Do I have to agree to mediation? You would be acting unreasonable not to

2. What info/docs do I need to provide to the claimant/court? Anything referred to or relied on within your defence/or Witness Statements.

3. Looking at the allocation form, it suggests that AGG need to provide me with a copy of my CCA by end of Feb? No both parties are to exchange documents they wish to rely on as in (2) above

4. I am still awaiting info from PPI claim, I am assuming that this would be one of the docs I would have to provide to the claimant/court? Your PPI claim is a separate entity and nothing to do with their claim unless you have made a counter claim

 

Still not sure what to expect when I attend court...anyone got any first hand experience of this?

 

 

 

Many Thanks

 

Dogbert

 

 

 

 

 

[ATTACH=CONFIG]41007[/ATTACH][ATTACH=CONFIG]41006[/ATTACH]

 

Regards

 

Andy

[dogbert21]

Ok, Thanks Andy,

 

Mediation arranged now, I might just push for a deal and skip the court bit as don't have much faith in the court route.

 

Regards

 

Dogbert

[AndyOrch]

You must do what you feel most confident and comfortable with Dogbert......Litigation is not for everyone.

 

Regards

Andy

[dogbert21]

Hi,

 

Can anyone tell me what to expect with mediation?

 

I know it involves a session of phone calls over approx 1 hour, but what am I likely to be asked and how do I politely say see you in court if I don't agree with what is being proposed? - I don't want to agree to something that I will regret later - as has happened in the past!

 

Thanks

 

Dogbert

[AndyOrch]

Mediation is a completely voluntary and confidential form of alternative dispute resolution. It involves an independent, impartial person helping two or more individuals or groups reach a solution that's acceptable to everyone. The mediator can talk to both sides separately or together. Mediators do not make judgments or determine outcomes - they ask questions that help to uncover underlying problems, assist the parties to understand the issues and help them to clarify the options for resolving their difference or dispute.

 

If you cant reach agreement then you/claimant inform the court the claim is proceeding.

[dogbert21]

Well, mediation has been completed with no resolution, the mediator asked how he could help me so I said I would like a copy of my CCA as one had never provided by MBNA or by Arrow Global when requested. Without this I have no idea what my T&C' s were on this account, the interest payable on the balance, what the charges were etc. I stated that this account was in dispute with MBNA when it was sold and would remain in dispute until I get a breakdown of the balance owed and a copy of my CCA. Arrow Global told the moderator that they will provide a copy of my CCA in 2-3 days but would not provide a breakdown of costs.

 

I got an email from the moderator confirming what AG had said but he also detailed all the extra costs that would be added to the total award if AG win in court - never said what I could claim if I win!

 

Would like some help regarding preparing for my day in court - what do I need to read up on and what do I need to be saying to the judge in my defence. Do I just state what I sent into Northampton CC online as my defence?

[AndyOrch]

Lets wait until the CCA materialises then Dogbert then we can sharpen up for the fight.

 

Andy

[dogbert21]

Hi Andy,

 

It has been over 2 weeks since my mediation and yet again AG have failed to deliver a copy of my CCA as promised. Do I email the mediator back and point this out just for the record?

 

Cheers

 

Dogbert

[AndyOrch]

Not much point really Dog the mediator is only a go between you can request disclosure as the claim proceeds.

 

Regards

 

Andy

[dogbert21]

Hi Andy,

 

Still nothing from AG and approx 8 weeks to the court case now, when/how should I request disclosure?

 

Regards

 

Dogbert