Backdoor Arrow/Drydens 2008 CCJ/CO - MBNA Card - , debt was already SB'd , **WON** set aside - Now being chased 12yrs later.!!

[citizenB]

Hi...

 

IGNM's Letter sent to court first thing this morning... as in (post 313) above, recorded delivery.

 

Just have to wait now..

 

I feel like im supposed to be doing more..can someone just advise about the fact they have a Reply to Defence, i did ask in an earlier post weather i need to type up what they have said in it for help ..so that i can respond correctly...sorry just want to go over this so its right

 

things like: this document is offered in reply to the Defendants Application to Set aside dated 21st Nov 08.

 

Goes on about it not being statute barred then at point 6 it says: the claimant requests that the Defendants Defence be struck out and judgment granted in favour of the claiment for the amount claimed.

 

Now can someone tell me weather this is something that needs attention now..this was of course received after the 22nd may unless order (post 311)

 

MJ

 

MJ, chances are there wont be many people who can help around at this moment (day jobs ).

 

If you believe it will help to type up the Reply to Defence so people dont have to ask questions, then that might be a good idea.

[citizenB]

IMHO, the document claiming to be an agreement cant be so.

 

It is obviously a mailer application form and to have the financial details in the position they have suggested would have meant they would have been visible to the postman once the form was folded for return.

 

Rather dangerous I would have thought:)

[citizenB]

Hi guys...

 

Although on the covering letter from solicitors it does say the same has been sent to the court, will give the court a call again tomorrow, just to see...

 

Other than that...

 

i see what you are all saying...if thats the case then i DID not receive this new defence, documents etc, by 4pm on the 22nd May.

 

They arrived on 23rd May, solicitors have dated the covering letter the 22nd May and sent it by normal post...cant happen then can it??

 

I could even say i got them on the 26th or never at all!!! As no special delivery was used...are they stupid?

 

Ok can i have some help then please..Shadow...do i still use the same defence?

 

If not can you or someone please help with wording what i would need to send;)

 

Thank you all so much

 

MJ:)

 

shadow im getting really confused..

 

Im looking at the court order and it says

 

Before district judge ***** sitting at ****county court

 

IT IS ORDERED THAT

 

1. Unless by 4PM on 22nd May 2009 the claimant provides the documents requested by the defendant pursuant to paragraph 3 of the order dated 11th March 2009, the claim be struck out.

 

2. The time for filing of the defence be extended until 4pm on 5th June 2009.

 

Dated 28th April 2009.

 

The claimants sols have sent to me and the court a reply to defence as stated above with no docs apart from the set of statements, the application form etc etc...no default notice etc.

 

I have no idea if this is right or wrong...sorry but this is all i have

 

Do you need me to type in their reply to Defence?

 

thanks MJ

 

Surely the DJ will see that they havent complied with the order to have docs to you by the 22nd May.. How stupid to actually date the letter the date by which they should have already been with you and then send out by standard mail ??

[citizenB]

Hello again everyone...long time no post!!!

 

Well my CMC meeting is less than a month away, can i have some advice on what to prepare or anything i need to do. All my paperwork is in a folder and filed! Not seen IGNM on here for a long time, where has he gone?

 

Anyway..any help now please thanks all

 

MJ:)

 

Have all your paperwork filed correctly, make sure you know where everything is within the file.. use post it notes or the file inserts so you can answer questions quickly and accurately.

 

Make notes for yourself, questions you want to ask and those you want answering.

 

Above all.. relax.

[citizenB]

But is there a Premier league but instead of being super rich you have to be in super debt?

 

 

I think that is being worked on :rolleyes:

[citizenB]

MJ, at the very bottom of the post linked below, you will find a Draft Order for Directions.

 

http://www.consumeractiongroup.co.uk/forum/show-post/post-2455482.html

 

Please do not blindly copy it.. amend it to suit your particular circumstances. HTH

[citizenB]

On the N244 there is a space on page one toward the bottom that asks "who should be served with this application"

 

You put there who you want a copy to go to..

 

You take 3 copies to the court along with the filing fee.. the court will send one back to you. Keep one for themselves and serve the other on the solicitors of the company who are taking you to court.

 

If the hearing is next Thursday, then you need to get it in PDQ

[citizenB]

On the N244 there is a space on page one toward the bottom that asks "who should be served with this application"

 

You put there who you want a copy to go to..

 

You take 3 copies to the court along with the filing fee.. the court will send one back to you. Keep one for themselves and serve the other on the solicitors of the company who are taking you to court.

 

If the hearing is next Thursday, then you need to get it in PDQ

 

Thank you, i take it this needs to be done asap, before the cmc meeting a week today?

 

 

Yep.. if you are able to take it to the court personally.. do it tomorrow.

[citizenB]

ok on the N244 things i dont know...

 

Q. 5 how do i want this application dealt with? at a hearing or without a hearing?

 

Best at a hearing

 

Q. 6 how long will the hearing last?

 

30 minutes ?

 

Q.10 What evidence will you be relying on in support of your application - witness statement, statement of case or evidence set out below...

 

This is up to you. If you can fit everything in the box provided then use the "evidence below" box.

If not, or you will be introducing documentary evidence then use the "witness statement" box

 

This is what is have put as Q.3

 

The defendant respectfully requests that the court issue the attached draft order for disclosure of documents not yet disclosed but ordered for disclosure twice already under court orders dated 11th March 2009 and the 28th April 2009. The defendant asks that the claim be struck out if the attached draft order is not complied with.

 

Is this ok????

 

MJ

 

Yep, that looks ok.

[citizenB]

Form EX160 can be downloaded from HERE

 

HTH

[citizenB]

I would just say, make sure you have all the paperwork you need. Where you have made reference to something you will need it at some time, might as well get organised now.

 

 

Have a read of the following link

 

http://www.consumeractiongroup.co.uk/forum/show-post/post-2171582.html

 

Be prepared.

[citizenB]

Good luck MJ:)

[citizenB]

well done MJ.

 

 

Yes, sorry, you missed out on the costs.. but what the hell you WON.

 

Will change your title.