D/judge Made Wrong Decison What Now??

[Mydogsawestie]

Hi I am a newbie on here & hoping for some guidance please.

 

I am defending a claim from MBNA (they have not yet provided my CCA request, although time is not up yet). I intend to put some defence together but on filing an acknowledgment of service came across "I intend to contest the courts jurisdiction" - anybody any thoughts on me ticking this section 3 on the N9 response pack whilst I am defending the claim. Having googled this I can't seem to make head or tail of it to be honest?? Thanks :-?:-?:-?

[42man]

Hi MDAW...i'm not 100% sure on contesting jurisdiction....but use the search function above and type in jurisdiction...you should find a few threads with pointers to help you in the right direction....remember you have to acknowledge the claim form within 14 days on the date of the claim form, then you get a further 14+3 days in which to submit the defence....have you sent a CPR request to the opposing solicitors ? (send recorded)

 

Have a read here - http://www.consumeractiongroup.co.uk/forum/legal-issues/185051-claim-form-received-today.html and also this one - http://www.consumeractiongroup.co.uk/forum/legal-issues/159445-getting-them-reveal-their.html

[Mydogsawestie]

OMG I musn't hang around then & will do the CPR now to get it in todays post to the solicitor (this is all beyond me really but one holds out hope!!) Still need to do the acknowledgement though so will also check the searches for contest jurisdiction in a bit unless anybody else posts a hasty answer. Thanks 42man for now, will crack on with this CPR now...

[42man]

Send it recorded del. to the opposing solicitors....you'll need to edit the letter (e.g. remove 'the assignment' if the debt hasn't been assigned to a debt collection agency)....may I ask what the POC's are ? (Particulars Of The Claim) don't be specific with the numbers though.....

[bazaar]

I dont think challenging juristiction applies to your case. If youre going to defend, you can do so, then the case will get allocated to your local court.

Good idea to stick around and read up on some threads similar to your own, to give you an idea of what MBNA are like to deal with.

[Mydogsawestie]

Just been to the P Office now and sent off the CPR 31.14 request recorded. I see there is a CPR 18 request amongst the forums (hope I sent the right CPR) I did edit where guided thanks 42man. The claim is for a credit card balance that MBNA are pursuing having never agreed with the monthly payments they have been getting from my DMP last year. The credit card agreement I am wanting from them is dating back to the year 2000.

 

Being new to the board I am hoping to learn lots to help with my defence Bazaar (thanks for your input) and need to acknowledge the court papers online tonight. My query with contesting jurisdiction still remains but will search around the forums just incase. Guess I'd better start clu-ing myself up on all of this sharply argh!!!

[creditcardmug]

Do you live in england?, if yes and it was issued in england then you cannot contest the courts jurisdiction

 

Was the claim issued in Northampton?

[Mydogsawestie]

Do you live in england?, if yes and it was issued in england then you cannot contest the courts jurisdiction

 

Was the claim issued in Northampton?

 

yes I live in England and the claim was issued in Northampton I take it then I do not need to tick the box on the N9 response pack MCOL then for this then? thanks creditcardmug you wont believe how much forum time I've spent looking info up so far so it helps to know somebody else has saved me some time now in this area.

[creditcardmug]

Make sure you tick defend ALL of the claim, a few have made that mistake.

 

You can acknowledge online, using the password on the claim form, you then have a total of 33 days from the date on the claim form to file your defence

[tendogs]

Hi MDAW you can acknowledge on line, using the password that you'll find on the forms, it's quicker and you'll know the court has got it. CCM is correct about jurisdiction you do not contest it. Your defence will depend upon the particulars of claim on the form you received and you could do with the agreement, the default notice and the notice of asignment if the debt has been asigned. Was there any PPI on the account? Were there any penalty charges? Don't just sit there get working

[tendogs]

CCM got there first

[Mydogsawestie]

Hi MDAW you can acknowledge on line, using the password that you'll find on the forms, it's quicker and you'll know the court has got it. CCM is correct about jurisdiction you do not contest it. Your defence will depend upon the particulars of claim on the form you received and you could do with the agreement, the default notice and the notice of asignment if the debt has been asigned. Was there any PPI on the account? Were there any penalty charges? Don't just sit there get working

 

Thanks for your thread, just cottoned on what MDAW was :). I haven't had the CCA rec'd yet so hope the whole thing will be unenforceable?

 

The default notice was dated Fri 9th Jan am I right in thinking I should have also had 14 "working" days to remedy the matter too (they gave me till the 26th Jan!) so I take it the default has not complied to the correct legislation either as 14 working days would be 29th wouldnt it?? Please confirm my understanding on this as part of my defence too.:?

 

I have no PPi, not sure what you mean by penalty charges??

 

Thanks

[creditcardmug]

I take it you have acknowledged, ticked you are defending all of the claim?

 

Can you post up the Particulars of Claim, as on the court form?

Also the Default Notice, cover up anything which could identify you

[Mydogsawestie]

(Am doing the MCOL this evening without fail now I have cleared this contest jurisdiction matter up)

 

Hope you can see this alright & trust I am being a good pupil.

 

The particulars of the Claim state The claimant claims payment of the overdue balance due from the Defendant under a contract dated on or about (mentioning a date in 2000) in the sum of £11k plus inclusive of interest to the date of this summons at 8% per annum from 02/02/09 to 12/02/09

 

Particulars A/c no xxxxxxxxxxxxxxxxxxxxxx

 

Date Item Value

02/02/2009 Default Balance £11k plus

Post refrl CR NIL

 

12/02/2009 Interest £xx.xx

Total £11kplus

 

Together with Interest pursuant to s69 County court act 19 at the rate of xxx.xx pence per day to the date of judgement or sooner payment.

 

:cry::cry::cry::cry::cry:

[creditcardmug]

You can upload to photobucket and post the link on your thread

 

I notice they dont mention having served the DN, also they arnt entitled to s69 interest...i dont think you will have much trouble winning this one, i havent seen an enforceable mbna agreement from that far back.

 

Who are the solicitors?

[Mydogsawestie]

You can upload to photobucket and post the link on your thread

 

(sorry for the delay was trying to look at how to use photobucket is this ok??

MBNA picture by mummywith2kids - Photobucket

 

I notice they dont mention having served the DN, also they arnt entitled to s69 interest...

What do you mean with this S69 interest????

 

i dont think you will have much trouble winning this one, i havent seen an enforceable mbna agreement from that far back.

 

Who are the solicitors?

Restons

 

Really appreciate you looking at this you have been most helpful..need to do my MCOL tonite still thanks

[creditcardmug]

Yes the scan is ok now, the DN looks ok, as long as the amount to remedy doesnt include penalty charges...others will advise on this...

 

At the bottom of the POC they claim interest persuant to s69 county courts act, there cant have this if the claim relates to an agreement regulated under the CCA

[Mydogsawestie]

Yes the scan is ok now, the DN looks ok, as long as the amount to remedy doesnt include penalty charges...others will advise on this...

 

At the bottom of the POC they claim interest persuant to s69 county courts act, there cant have this if the claim relates to an agreement regulated under the CCA

I dont know much about this s69 area I'm afraid :-? it states at the rate of 245.63 per day :-? surely an alleged debt is entitled to accrue some interest? I am confused even more now by all this jargon in the legal system and wonder what I'm up against, you recognising things makes me more determined to not wanting the wool pulled over my eyes to be honest.

 

Why should it not be applied to a credit card agreement, surely they wouldn't chance such a non applicable charge on the claim form would they

[creditcardmug]

You dont know the half of what they get up to, do as much reading as you can on here, to bring yourself up to speed

 

They hope these things wont be contested and they just get judgement in default, so it never really goes before a judge.

 

Your main defence is going to be the agreement (or lack of it), what date must you file it by?

[Von Greenbach]

the DN looks ok

 

I would query that DN as it's not allowed 14 clear days.

[Mydogsawestie]

You dont know the half of what they get up to, do as much reading as you can on here, to bring yourself up to speed

 

They hope these things wont be contested and they just get judgement in default, so it never really goes before a judge.

 

Your main defence is going to be the agreement (or lack of it), what date must you file it by?

 

Will be doing my court MCOL before midnight just interested in this new found forum stuff just now firing me up on all cylinders I take it once I have done that I will get my date for defence then?

 

CCA being my main defence but I have not had a response to my posting above re the The default notice was dated Fri 9th Jan am I right in thinking I should have also had 14 "working" days to remedy the matter too (they gave me till the 26th Jan!) so I take it the default has not complied to the correct legislation either as 14 working days would be 29th wouldnt it??

 

Do you know anything re this as part of my defence too?

[creditcardmug]

Im not aware that its "working days" as far as i know its 14 days + 2 for 1st class post, or 4 for 2nd class, so they should be ok with it.

 

What is the date on the court claim, its 33 days after that, you must file your defence by

[Mydogsawestie]

I would query that DN as it's not allowed 14 clear days.

 

so am I able to use it as part of the defence then? I am confused if clear is the same as working so omitting the weekend????:?

The default notice is dated 09.01. a Friday, this is the day they generated the letter and sent it to me. Do I forget Sat 10.01.09 forget Sun 11.01.09 Let' say received on 12.01.09. If I count 14 from 12.01.09, NOT INCLUDING SATURDAY OR SUNDAYfrom 12.01.09 that should take it up to 29.01.09?

[Von Greenbach]

Im not aware that its "working days" as far as i know its 14 days + 2 for 1st class post, or 4 for 2nd class, so they should be ok with it.

I wouldn't agrue with you CCM I take your word for it, but I always thought it was 14 working days, reason being, on the DN it states who to contact for advice CAB / Solicitor etc,. etc,. seeing as they only work Mon- Fri that's why I always throught it was 14 working days, however far be it from me to question you sir

[Mydogsawestie]

Im not aware that its "working days" as far as i know its 14 days + 2 for 1st class post, or 4 for 2nd class, so they should be ok with it.

 

What is the date on the court claim, its 33 days after that, you must file your defence by

 

Have filed my acknowledgement now I take it I dont have to go in & put anything in the defence section just now?

My claim form was issued 13th Feb

My Acknowledgment of Service is 24th Feb

 

It hasn't automatically given me instruction on completion to do anything, think it said something allowing me additional 14days at the start when I went in to acknowledge the service.

 

Should I just be collating all my defence now & put it on that bit that is under Response Pack during the next week or so now (not now?) It mentions no supporting docs or evidence is needed at this time y'see so was just wondering

 

Thanks