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hullaballoo

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About hullaballoo

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  1. Thank you for your messages and sorry for the delayed response but I was called back into work. I have sent off my CPR request and below is an embarrased defence which I have altered to suit my partners case, is this okay? I am very concerened as to how the court will view such a late CPR request and then an embarrased defence, should I prepare my defence and try to get this in before Tuesday's deadline? My problem is I am back to work on Tuesday so I only have tomorrow to get it done. Or is it okay to wait on the embarrased defence? In which case how long do I have to submit my defence,
  2. I understand and can send off the CPR 31.14 request however will it not look bad to the court that I waited until 4 days before submition of my defence was due? Also the embarrassed defence - Help - Mum being taken to court by Link Financial - is not very relevent to my circumstances. What happens after I submit the embarrased defence, do I wait until I get a response and then how much time after that to submit it? I have received a copy of the credit agreement and later another copy this time with a letter stating "Our signature was omitted from the copy sent previously". Do you know if
  3. Thanks 42 man, am I to late to make a CPR request as my deadline for the defence is the 10th November?
  4. Many thanks for yesterdays bump silverfox, much appreciated.
  5. Thanks again 42man, I was at work so it took me a while to read through your post and be able to respond. Brilliant information and exactly relevent to my case but I have a couple of questions. Firstly, is it my defence or is it to be submitted at the the time of AQ's in order to apply to have the claimants case struck out? If its my defence should I not also include the fact that they have admitted to not having the original credit card agreement but only a micofilmed copy? Further to the first Default Notice dated 1st March 2009, which gives 14 days to remedy I note the subsequent Final Dema
  6. Thank you very much 42man, I am reading through your post now. Whilst I do I thought I should post the Default Notices and Final Demands to be sure they are as I think they are not in the prescibed form and / or do not give sufficient time to comply? [/url]
  7. My partner has recently received a Claim Form regarding a credit card account which we have fallen behind on payments and I would be very grateful for help in preparing her defence. The defence needs to be submitted by the 10th November so its becomming an issue I need to get underway. The M&S Claim Form states - "The Claimant's claim is for the balance outstanding under the credit card agreement dated 29/09/2005 and numbered ....................................... regulated by the Consumer Credit Act 1974. The Defendant has failed to make payment of the arrears of instalments as required
  8. Many thanks Andy for your support, I intend to continue and do not want MBNA to get a judgement "by default". So I wait until / if they make an application then contest it? If you get a moment could you give me your thoughts on the Default Notice matter it would be much appreciated, on face value it seems a stupid thing for MBNA to have done? If a valid DN is necessary to instigate legal proceedings then why would they issue a "copy" DN which is so obviously invalid. Do you think it adds weight to my legal position or as DD suggests it can be used to cast doubt on MBNA's credibility in court?
  9. Many thanks diddydicky. Perhaps Andy will take a view if he has time, he prepared my defence. I am a bit concerned about the MBNA deadline of the 30th October!
  10. The fact that their copy DN is untitled makes it invalid! I am unclear as to what MBNA are trying to do by issuing a copy DN which is invalid and false? Also what their letter means, Post 61?
  11. Many thanks diddydicky, I understand and agree with what you are saying.
  12. Hi again Andy and thanks for your reply. Can they rely on the "copy" DN which I did not of course receive and is not titled? Could you give me your thoughts on their letter in Post 61? Many thanks.
  13. I note the "copy" Default Notice does not have MBNA or their address on it!
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