MCE Claimform - Old MBNA Card 'debt'***Claim Discontinued***

[dx100uk]

yes to mediation the rest is obv.

 

 

there are numerous threads here upon filing that in

[pbaron]

Ok im getting letters pre warning court action by sending the "letter before claim" am i right in thinking i leave it or should i send something saying previously requested proof and still none received

 

Cheers

 

Paul

[Bazooka Boo]

Can you scan and post it up but ensure you remove all identifiers first, it is likely a play on words but would need to see how it is written/terminology used.

[dx100uk]

letter before claim does not mean court action.

 

 

silly DCA threat-o-gram.

[pbaron]

OK, mediation wasnt agreed as they couldnt get in touch with the other party.

 

Im now at the stage of sending documents to the court of which we rely on and needs to be sent 21 days prior to the hearing

I havent had a response to the CPR18 (Requested in June) and 31.4 i (Requested in July) can i apply to get it struck out with a N244 ?

[pbaron]

Morning

 

I have a hearing on the 17th December over an ex mbna debt with MCE portfolio.

 

I have requested previously a CPR18 / CPR31.4 and CCA of which no response was received except and acknowledgement of my request letter....I know ive left it very late but ive now realised i should of submitted something to get it struck out due to non compliance so ive got a couple of questions.

 

1) If i complete a N244 form to request adjournment and in section 3 write "To adjourn the hearing due to the issue of a Unless order which may not be reviewed in time for the hearing date" is this correct ?

 

2) Do i serve a copy to the Claimant aswell as the court

 

3) If i hand deliver the form to my local court where the hearing will take place is this correct ? and do i need any supporting information with the form ?

 

Apologies for the questions but ive realised im a complete idiot

[citizenB]

What is the value of the claim ?

[pbaron]

£3349.77 plus Court Fee plus Solicitors Costs Total £3614.77

 

thank you

[citizenB]

I rather suspect that you wouldn't get anywhere with an application for adjournment This will be a small claim so disclosure rules seem to be very relaxed.

 

Did your defence or Witness statement mention anything about lack of documents ?

[citizenB]

I have flagged your thread for others to comment.

[mikeymack2002]

The CPR31.14 has to be complied with. If this is not then you will need to provide proof you requested this.

 

If the Court can see that the Solicitors dealing with the claim have failed to provide then it may help your case. Make this available in your Court bundle.

[citizenB]

http://www.consumeractiongroup.co.uk/forum/showthread.php?448365-MCE-Claimform-Old-MBNA-Card-debt

 

It is assumed that this is part of the thread linked above ?

[AndyOrch]

Yes it is CB...threads merged...please keep to one thread.

 

Regards

 

Andy

[AndyOrch]

Morning

 

I have a hearing on the 17th December over an ex mbna debt with MCE portfolio.

 

I have requested previously a CPR18 / CPR31.4 and CCA of which no response was received except and acknowledgement of my request letter....I know ive left it very late but ive now realised i should of submitted something to get it struck out due to non compliance so ive got a couple of questions.

 

 

 

1) If i complete a N244 form to request adjournment and in section 3 write "To adjourn the hearing due to the issue of a Unless order which may not be reviewed in time for the hearing date" is this correct ?

 

2) Do i serve a copy to the Claimant aswell as the court

 

3) If i hand deliver the form to my local court where the hearing will take place is this correct ? and do i need any supporting information with the form ?

 

Apologies for the questions but ive realised im a complete idiot

 

CPR 18 is not applicable to small claims track claims and you cant strike it out just because they have ignored your requests.......only if the Court has directed disclosure.

 

You cant adjourn for the above reasons.

 

Have you submitted a DQ and as the court not issued directions?

 

Regards

 

Andy

[pbaron]

Hi Andy

 

Apologies for starting another thread...

 

Yes i completed the N180 some time ago and have recieved the Notice of Allocation to small claims track which outlines that i need to issue documents at least 21 days prior to the hearing date i rely on.

 

So im in the middle of writing a letter with the points such as (and including copies of letters sent/received/signed for tickets etc)

 

Company the claimant purchased the debt off couldnt prove they had a right to enforce it.

Claimant hasnt responded to the CPR18 (Although your comments make me realise its not applicable)

Claimant hasnt responded to the CPR31.4 request

Claimant hasnt responded to the CCA requests

 

Again apologies but im really unsure of the steps with the court i will be going through

[pbaron]

The CPR31.14 has to be complied with. If this is not then you will need to provide proof you requested this.

 

If the Court can see that the Solicitors dealing with the claim have failed to provide then it may help your case. Make this available in your Court bundle.

 

HI

 

Yes it was requested and hasnt been complied with, i have proof of posting/signature at their end and an acknowledgement letter from them saying they will forward documents when in receipt

[pbaron]

I rather suspect that you wouldn't get anywhere with an application for adjournment This will be a small claim so disclosure rules seem to be very relaxed.

 

Did your defence or Witness statement mention anything about lack of documents ?

 

Hi CitizenB, this is a copy of my Defence to the particulars of claim from a previous post on this thread.

 

 

1.The Claimant’s claim is in respect of a credit agreement regulated by the consumer crediticon Act 1974

whereby (INSERT NUMBER) ‘Original Creditor’ provided the defendant with a credit card.

In return the defendant agreed to pay at least the minimum payment given in the statement.

 

2. A default notice was served on the defendant which has expired and upon which the defendant has failed to comply with.

 

3.A Notice of Assignment has been sent to the defendant notifying them that this debt has been assigned to the Claimant.

 

4.The Claimant therefore claims the sum of £[iNSERT SUM] plus costs.

The claimant has complied with sections III and IV of the practice direction on Pre-Action Conduct

 

 

The Defendant contends that the particulars of claim are vague and generic in nature.

The Defendant accordingly sets out its case below and relies on CPR r 16.5 (3) in relation to any particular allegation to which a specific response has not been made.

 

1. I have held an account with MBNA for credit card services however I do not recall the particular account number referred to and have requested a copy of the alleged agreement pertaining to this claim. As of this date the claimant has failed to comply with my section 78 request and therefore remains in default of s78.

 

2.Paragraph 2 is denied, I have not to my knowledge been served with a Default Notice pursuant to the consumer credit Act 1974.

 

3. I am unaware of any alleged assignment purported to the account [iNSERT NR REFERRED TO IN P.O.C] referred to nor ever served any Notice of Assignment pursuant to the Law and Property Act 1925.

 

Therefore the Claimant is put to strict proof to:

 

(a) show how the Defendant has entered into an agreement/contract with the Claimant; and

(b) show how the Defendant has reached the amount claimed for; and

© show how the Claimant has the legal right, either under statute or equity to issue a claim.

 

4. As per Civil Procedureicon Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed.

 

5. On the alternative, if the Claimant is an assignee of a debt, it is denied that the Claimant has the right to lay a claim due to contraventions of Section 136 of the Law of Property Act and Section 82A of the consumer credit Act 1974.

 

6. On the 2nd July 2015 I made a legal request by way of a section 78 request to the Claimant. The Claimant has not yet produced the requested documents therefore I am currently unable to fully defend this claim.

 

7. By reason of the facts and matters set out above, it is denied that the Claimant is entitled to the relief claimed or any relief.

[AndyOrch]

So all you have to do now is standard disclosure and submit your witness statement 21 days before the hearing.

[pbaron]

So all you have to do now is standard disclosure and submit your witness statement 21 days before the hearing.

 

OK thanks for your help...

 

Out of interest what happens when the Judge reviews my witness statement showing the requests for CPR/CCA which the claimant hasnt complied with, does the hearing still go ahead or does he halt proceedings ?

[AndyOrch]

As the court not already ordered disclosure within its directions?

[pbaron]

Not that i can see. Directions that are applicable to me says i need to send documents that i rely on during the hearing and bring originals nothing about disclosure of documents.

 

Have seen that it says the parties reserve the right to get the order set aside, stayed or varied within 7 days of the hearing is there nothing i can do to apply for an order due to not complying with CPR31.4 or CCA request or am i way off

[AndyOrch]

Not that i can see. Directions that are applicable to me says i need to send documents that i rely on during the hearing and bring originals nothing about disclosure of documents.

Have seen that it says the parties reserve the right to get the order set aside, stayed or varied within 7 days of the hearing is there nothing i can do to apply for an order due to not complying with CPR31.4 or CCA request or am i way off

 

Thats standard disclosure...nothing about witness statements...look again

[pbaron]

Thats standard disclosure...nothing about witness statements...look again

 

Had a look and these are all that's there

 

1) The claim is allocated to the small claims track and to refer to Part 27 of Civil procedure rules

2) The court where the claim will be heard

3) That from the papers the hearing is estimated to be 120minutes

4) Parties are encouraged to settle the claim by negotiation

5) Following paragraphs set out Judges directions for preperation for hearing and that failure to do so may result in case being adjourned etc

6) Each party must deliver to every other party and to the court office copies of all documents which that party intends to rely on during the hearing

7) Original docs must be brought to the hearing

8) Judge may refuse to consider a document

9) Documents sent to the parties must be include statements of all witnesses including the parties themselves

10) Layout of the witness statements

11) Judge may refuse to hear the evidence or consider statements etc if not been prepared and copied to all parties

12) Neither party may rely on a report from an expert unless permission granted

13) Because of this the order has been made by the court without considering representations from the parties and that we have the right to set aside/varied or stayed

14) Warning that you must comply with terms imposed upon us by that order otherwise the case can be struck out or other sanction imposed

[AndyOrch]

9) Documents sent to the parties must be include statements of all witnesses including the parties themselves

[pbaron]

9) Documents sent to the parties must be include statements of all witnesses including the parties themselves

 

Right so that puts owness on the claimant to supply the necessary documents that they have complied with the CPR/CCA and the judge will review that ?

 

If they don't supply the documents will the judge stop the hearing or will it go ahead