claimforms - dual MBNA CARDS with disputed MBNA sec 75 claims **WON**

[ZENTRIX9]

Thanks again Andy, I understand that now. Would it be worth asking for compound interest or do you think that would be pushing it?

I have all the payments that I have made on a spreadsheet which I can post tomorrow. Could you cast your eyes over it to see if I have the working out correct. I could take that with me to court to explain how I have worked it all out if the judge wants to know how I calculated it all.

[Andyorch]

Pushing it...... I would be happy to just be recompensed and a little damages award.I have just amended post #74

 

section 69 of the County Courts Act 1984 (power of county courts to award interest on debts and damages)

[ZENTRIX9]

Thanks Andy.

[ZENTRIX9]

Is there any paperwork I need to send to the court in the meantime for the judge to look at before the hearing?

[Andyorch]

Only if it was requested in the Order/Directions after your last hearing.

[ZENTRIX9]

Hi all. I sent in my part 18 reply an hour before the deadline so they wouldnt have much time to reply as I am in court Monday the 10th but it didnt work, they got a letter out to me Friday and I got it today.

Its a copy of proposed directions that theywill be seeking on Monday at The Court Management Conference.

 

Heres the links to the paperwork below. Can someone have a quick look to see if I need to take anything with me on Monday please.

http://i911.photobucket.com/albums/ac318/zentrix9/MR%20VIRGIN%20MNBA/1.jpg

http://i911.photobucket.com/albums/ac318/zentrix9/MR%20VIRGIN%20MNBA/2.jpg

http://i911.photobucket.com/albums/ac318/zentrix9/MR%20VIRGIN%20MNBA/3.jpg

 

They are asking for copies of accounts from the company I was the director in and who I purchased the item from. As this is now a liquidated company I dont have them anymore, I left them in the building when the liquidators took possession.

They also want medical evidence supporting my stress claims.

Looks like they are going to go for a trial now. At the summary judgment the judge found for the claimant but stayed the order until I allowed me to come back and present my argument at the management conference (or is it still a summary judgment?) are Optima scared he may reverse his judgment after hearing my side of the argument and going to go for a trial instead, can I stop them?

I look forward to any coments.

[Andyorch]

That's just proposed Directions ZENTRIX .Did you draft any with your AQ?

[ZENTRIX9]

Hi Andy, to be honest I dont think that I did, I have the CCA and SAR paperwork and couldnt think of anything else I would need. Do you think I have missed something or think I should ask for something in particular?

 

I think they are going to try and say that I knew that the company was in trouble when I made the purchase and thats why they want the accounts. I dont have them, if i tell the judge do you think that he will accept it? I do have an email from the liquidators saying that all the records were destroyed.

 

I used cards from MBNA and HSBC and claimed back half from HSBC, would it be in my interest to try for the other half from HSBC? Would they make MBNA backoff if I did? If HSBC had to pay the other half would they then go after MBNA for half? Just curious.

[ZENTRIX9]

I have had a confirmation letter from the liquidators saying that they have destroyed all the paperwork so they dont have any accounts. They also said Optima contacted them for copies of the accounts and were told the same. Why have they asked me to do the same when they already know they dont have them? are they hoping I would produce them and give them proof I am fibbing? I dont have copies anyway, they were in the factory when the liquidators took charge.

[ZENTRIX9]

I have to give standard disclosure by list - does that mean I have to send them a list of documents that I have?

[Andyorch]

Yes Z using the N265 then they will request which document they require.

 

You only list any document referred to in your defence or WS and relied upon.

 

Regards

 

Andy

[ZENTRIX9]

Ok, just emailed Optima my N265.

I have 1 other thing to do:-

I have to provide medical evidence relating to my allegations of stress contained within my counterclaim.

 

What should I do, I have been having a lot of trouble sleeping but not been to the doctors to say that it was specifically caused by this case or ask for medication/help. I have just carried on regardless.

Anyone have a suggestion?

[Andyorch]

" I have 1 other thing to do:-

I have to provide medical evidence relating to my allegations of stress contained within my counterclaim."

 

Who directed that disclosure Z?

 

Andy

[ZENTRIX9]

Hi Andy, there was a case conference where the judge went through the proposed directions from the claimant and threw some things out and amended others, this is one of the things that was left. So as I see it, it wasnt ordered by the judge but he okayed it?

[Andyorch]

Judges can only order disclosure from the Claimant in the main...I would disregard it if you cant disclose.

[ZENTRIX9]

Ok, Andy, is it worth me sending them something rather than ignoring as I think they may try an "unless order" and then go for strike out if I send them nothing?

[Andyorch]

So long as you have submitted your N265 there is nothing to request an unless order on...only the DJ can demand you supply medical evidence.Their claim does not rise on fall on your medical notes...disregard and ensure that they disclose their claim.

[ZENTRIX9]

Ok all done, if I want to inspect or get copies of any paperwork they hold I have to ask them by 4pm on the 15th Feb. Is it best for me to ask for copies of all their documents just to make sure? and do I have to use a specific form to do so?

[Andyorch]

Request what you think or need will be usefull...simply request them by way of letter/email.

[ZENTRIX9]

Andy, just looking at the court papers sent to me and it says IT IS ORDERED THAT (at the top) The defendant shall provide medical evidence relating to his allegations of stress contained within his counterclaim.

 

Do I need to get a letter from the doctor? I am proper stressed at the moment, not sleeping, my lips are numb and tingly and my left arm throbbing a bit.

[ZENTRIX9]

Been to see the doctor tonight, I should be able to collect a letter from the doctor on Tuesday, also told him everything thats going on and how I feel etc and he has prescribed me a course of anti depresents. He agrees that I am suffering from stress.

[citizenB]

I have flagged your post for andyorch to help. However, it looks pretty clear that the Judge has ordered this in order to support your counterclaim.

 

Are you going to be ok with the timing if you are not able to collect the letter until Tuesday ?

[ZENTRIX9]

Thanks B, it should have been last week that the letter should have been there but they have given me till Monday 4pm so I will email them a copy of my prescription, that should be proof, then forward the letter from the Doctor as soon as I get it on Tuesday.

[citizenB]

Ah righto - that is good you have the extra leeway.

[ZENTRIX9]

I have to go to court tomorrow to represent my wife for a final charging order, can someone have a look? any advice would be welcomed.

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?376841-Interim-Charging-order-help-needed&p=4090144#post4090144