Pretty much dx they offered nowt but wanted all my financial info

Here’s the letter

Can anyone please check the DQ before I send it as will have to post tomorrow to get there for Monday.

Would I mention the lack of notice of assignment or the other paperwork issues or is that for the WS later on?

Scanned Documents.pdf

n181-eng.pdf

I give up! I will just type up answers here and would appreciate any guidance as will have to post tomorrow.

A1 no

A2 no

The claimant has had one month and has not attempted settlement during that time

B1 blank

B2 yes

Xxxx county court. This is my local county court and I am the defendant

C no

Not applicable

D1 no

D2 blank

D3 blank

D4 blank

E blank

F my name and the whole claim

G less than a day 3/4 hours

H blank

I no

My main questions are do I mention anywhere that they have not sent the complete paperwork like the NOA and the fact they only send one statement?

Any help much appreciated thanks

no not on the DQ

You really must post and upload all information on receipt if you wish to get constructive advice.......so you will have to amend..they have in a way tried to mediate.

So no to settlement no to 1 month stay...reason... already stayed for 1 month and mediation attempts have failed.

You dont use a DQ to request disclosure....DQ is purely for allocation purposes.Hopefully the court will set directions and order the claimant to provide all original documents.

Andy

Really sorry Andy,

I didn’t realise about the cover letter and was just focused on whether they had sent the right paperwork for the claim.

I thought they were just trying to get information out of me and that I shouldn’t have mediation without all the documents from them.

Thanks Andy and dx for help.

Sorry I’m a bit slow to get head around it I need to read more and try to understand the process/paperwork better

I assume I send a copy of DQ to PRA

I assume I send a copy of DQ to PRA

Yes

If anyone can help.

Things have moved forward with this but I’ve let it slide a bit due to moving house.

I am aware that I am going to have to do some serious studying of threads to get my head around it but at this stage I’m behind with it all.

Ive had papers from the county court.

By 4pm on 9th April both parties have to give standard disclosure of documents by list and by the 16th any request must be made to,inspect original or copy of documents.

I’m assuming I complete the N265 form and get it from the court website?

The claimant has sent me a copy of theirs with a list of documents they say they have for disclosure.

At this stage is my disclosure list just the CCA and CPR requests I sent?

I’ve left it very late I know

You must also submit a witness statement which is your main task.

Yes you use the N265 as this is Fast Track

https://www.consumeractiongroup.co.uk/forum/showthread.php?421287-LEGAL-N265-Standard-Disclosure-**Correct-as-at-April-2018**

Andy

Thanks Andy

Oh no! I thought that the WS was not due yet.

The court papers say that by 4pm on 21st May all parties must serve copies of signed statements of themselves and witnesses.

Do I have to submit the WS by the 9th April?

The court papers only mention standard disclosure of documents by list.

I was planning on a few days off work before then to do the WS

Then its not if they state " that by 4pm on 21st May all parties must serve copies of signed statements of themselves "

Courts vary some do it simultaneously some stagger as in yours

�� what a relief... the claimant has only sent N265 with a long list of documents they claim to have.

No statements or anything.

Can the N265 be emailed or is it snail mail only?

I have been reading other threads

it looks like I need to list in the disclosure N265 what I will rely on in my witness statements

I have not done the WS yet and have not seen what documents they are able to produce to prove their claim so am a bit confused

what a relief... the claimant has only sent N265 with a long list of documents they claim to have. No statements or anything. Witness statement is not due until 21st May Can the N265 be emailed or is it snail mail only? Email if they accept electronic service Thanks Andy

I have been reading other threads and it looks like I need to list in the disclosure N265 what I will rely on in my witness statements but I have not done the WS yet and have not seen what documents they are able to produce to prove their claim so am a bit confused

Thats why you pick from their list which documents you require and inform them to disclose them now...once you have them you can draft your witness statement by the 21st May.

You list in your N265 the documents referred to in your defence/witness statement and anything you wish to rely on as evidence.

Can anyone help I’m getting in a bit of panic as will have to send my N265 tomorrow.

I’ve been looking through my paperwork for this N265 form so I know what I need to add to the list of disclosure.

I am assuming I add the CCA and CPR letter I sent?

I have a letter from the claimant acknowledging receipt of my section 77-79 request should I add that to my disclosure list?

Following my request they sent me the Agreement minus the back page T&Cs as conditions 1&2 are missing.

They did not send the NOA

In their N265 form have said they have It.

Should I add the pack the claimant sent me to my disclosure to show they did not comply fully with my request?

Also they have sent me a copy of a termination notice that is different from the original one I was sent as I still have the original from 2013. It is dated the same date and a lot of the main body is the same but it is not the same document. The footer at the bottom listing the regulations /licences is also different. Does this matter?

It’s definitely not the one I was sent looks like it’s typed onto a more recent notice of termination. I am wondering is it worth my putting the one I have on my disclosure to show it is different?

The claimform also says that on 22/05/13 the debt was assigned to PRA group UK limited and NOAs were sent.

I have one from MBNA dated 15/05/13 saying they were transferring ownership to activ kapital Zug Branch and I have a letter from activ kapiital on 04/06/13 saying they had purchased it from MBNA. no mention of PRA.

I did not get anything from PRA until November 2014.

I’ve not had an NOA from PRA group.

I don’t know if any of this is relevant or not

Sorry with all the questions

I have just noticed something else but am not sure if it relevant

The claimform states that On the 22/05/2013 the debt was assigned to PRA uk limited.

However, on their list of documents for disclosure they have the following documents

NOA of debt between activ Kapital and MBNA 04/06/13

NOA of debt between activ kapital and PRA on 09/01/2015

the claimform says the debt was assigned to PRA on 22/05/13.

Is this an error on their claimform that is of any use to me?

really so a reconstructed termination notice . debts from 2002 as well.

FWIW

http://ir.pragroup.com/news-releases/news-release-details/pra-completes-acquisition-aktiv-kapital

Thanks dx. what is FWIW?

So PRA took over activ kapital in 2014. But they did not own them in June 2013 when activ took the debt from MBNA?

And did not own them on 22/05/13 as they say in the claimform that the debt was assigned to PRA on 22/05/13. Or does it not make any difference since they later bought activ?

I am wondering if it is worth me putting my original termination notice and NOA as documents in my disclosure along with the paperwork PRA sent me to show that they sent a reconstituted termination agreement? Or do I not need to worry about that yet I’m just not sure what to put on my disclosure other than the cca and cpr requests

Simply list anything you have referred to in your defence or intend to refer to within your witness statement...this becomes the document evidence you will rely on.

If you intend requesting any documents from the claimant on their N265..list them also on yours.

Thanks Andy

I will list anything I might have to use as I’ve not seen most of what the claimant has listed so don’t know yet whether it will be useful

I just didn’t know about the original termination notice I have.

They sent me a reconstituted one so they don’t have the original but they will if I list it and they ask for a copy

Its the default notice that is more important......I have yet to actually see a termination notice for a credit card as the default notice is one and the same requirements to terminate...unless there has been no default and they wish to terminate....but why would they wish to do that?

https://www.legislation.gov.uk/uksi/1983/1561/contents/made

Thanks Andy

so the reconstituted terminate notice doesn't really matter.

Does the default notice have to be issued within a certain timeframe from missed payments?

I'm trying to figure if I have a case anyway.

Other than the t&cs looking wrong I don't see what else.

The added 5k of section 69 interest I will have to fight as it's ridiculous but really don't want a 18k ccj.

I will be about 175 years old by the time finished paying it

post 27.

Thanks dx so the most interest is 12 months.

At least that’s something.

Plus the t&cs are not from 2002 in the pack they sent me unless they magic them up when I ask for them although on their disclosure list they have listed the signed agreement dated 30/07/2002 but no date against T&Cs .

It just says copy of MBNA terms and conditions but no date

just get your list done

we can debate the WS later

you've taken all day on this ...

Thanks dx so the most interest is 12 months. At least that’s something. Plus the t&cs are not from 2002 in the pack they sent me unless they magic them up when I ask for them although on their disclosure list they have listed the signed agreement dated 30/07/2002 but no date against T&Cs .

It just says copy of MBNA terms and conditions but no date

Interest is at the discretion of the court...whether it awards the full 4 years or only 12 months or whether 8% or 4%...very much dependant on the Judge...but most claimants now state within their particulars " Limited to 12 months " therefore there must be some legal restriction which I have yet to come across.

The T&Cs must be from the date of inception of the agreement along with a statement of account (snapshot) otherwise their response to your section 78 remains unfulfilled.

Yes sorry dx I have been faffing I’m just worried if I don’t list something I then refer to in WS I will mess it up

Andy thanks I will have to see if they come up with different t&c when I Request them

If it’s ok can anyone confirm I’m getting this right

On the N265 other than completing my details I only fill in page 3 with the documents I have and do not object to being inspected or giving copies of

1) Section 78 Request dated xxx

2) CPR 31.14 Request dated xxx

3) Copy MBNA agreement dated 30.07.2002 provided by claimant following Section 78 Request

4) Copy MBNA Terms & Conditions undated provided by claimant following Section 78 Request

5) Termination Notice dated 12.04.2013

6) Copy Termination Notice dated 12.04.2013 provided by claimant following CPR 31.14 Request

I have a question too.

I’ve found my original default notice.

Date is the same main content is the same as the Copy they sent me but their copy s not a copy of the original defaults notice.

The original and their copy are signed by different people and have different footnotes.

They must have cobbled theirs together.

According to their list for disclosure everything is copies they have no original of any documents

Correct only page 3 for the defendant.

Dont list the DN on the n265 for now.

Andy