Do I have to include copies of the documents that I refer to in my Witness Sttement such as the CCA & Wescott's letter when I send it off to both the Claimant & the Court?

Hi guys I dint refer to two versions in my defence just stated that I had "a"copy of the alleged agreement. Thanks. Ill amend my WS tonight

I got their documents today in the post. Interestingly they have only supplied one of the two Agreements - the one that is properly executed with my signature dated before theirs. Whereas I also have the other which they have signed & dated weeks before I did. Im now unsure if I should use both in my defence or just the improperly executed one. Hmmm They also sent a copy of the T&C's, A copy of the invalid DN & a Notice of Assignment that looks like it has just been printed out rather than copied but its dated January 2012. Whats really interesting about the Notice of Assignment is that it states ... It then goes on to say that all correspondence should go to Wescot. I have a few letters from Wescot from way back in 2011 stating they are acting on behalf of MBNA, I pointed out that this was in dispute with MBNA to them and after a few scare letters I received my last letter from them on 15/11/2011. This letter clearly states... This was sent two months before the AG Notice of Assignment which i never received (until today) but is dated 15/01/12 All the letters I have from Wescott clearly states their client is MBNA. Is this something I can use against them? Surely the fact Wescot's have given me written conformation that they will not be taking further action to recover followed by the NoA from Arrow Global stating Wescot as the account manager is not legal??? Also; Because I did not disclose this letter from Wescot in my standard disclosure list, does that mean I'm not allowed use it in my witness statement?

Okay here it is - My first attempt at a Witness Statement. If someone would like to give it a look over. I'm sure its way off the mark, but please be brutal. Id rather find out its failings here rather than in front of the Judge. The main bits Im unsure about is the Credit Agreement Section, where I try to bring attention to the fact I have been given two agreements from MBNA. Im also unsure of the whole enforcement section as Ive read this doesnt hold water any more??? Oh and if I do get copies from AG before I submit Ill amend the parts where I state they did not send them etc. Thanks for all the help. Toxic.

Rang AG and they have said they will get the docs in today's post. We shall see. Meanwhile I'm half way through the WS. Completed my defence over their invalid DN but a little stuck on my agreement(s)... Im wondering if anyone knows if the fact I have two so called agreements - one being signed by them a full 17 days before my signature - make it invalid in any way?. . Both Agreements are HERE in post number 26. I'm sure I only ever signed one form. I would have remembered if I had to sign another a few weeks later as its a strange thing to do.

Hi Andy, thanks. I'm hoping I can do my WS without sight of their docs but ill bare it in mind if I get stuck. Ive got half of my WS done. Will post it up once I've completed it.

Thanks, Ill follow that when preparing my WS. I do think that the fact the claimant can push the time-lines beyond the court directions without good reason or any recourse, resulting in the time for my WS preparation being dwindled from over one month down to 8 days (5 working days) surprising, and the fact they can get away with not sending me any documentation I request from their Standard Disclosure list in time to prepare my WS a tad depressing as there will be stuff I wont be able to add to it,not having sight of the documents they will be relying on to enforce their claim.

Thanks citizenB & thanks Andy for answering my questions. I am now reading up on how to write a Witness Statement. Am I right in thinking I send my Witness Statement to the claimant?

GA have finally sent me their Standard Disclosure List "Pursuant to my draft order dated 13 Feb" This now leaves me just 5 days to request the documents from them and compile my Witness Statement by next Friday's deadline - 8th March. Here is what they put on the disclosure form dated 1st March 2013... The Judge's directions state we must request copies of documents for inspection by 8th Feb - long past now. The Judge's deadline for exchange of Witness Statements is 8th March (this Friday) I'm left wondering what my options are and I'm full of questions... How do I request the documents listed on GA's Standard Disclosure form? Do I just write to them? or is there a court form? Can/Do I need to I ask the court to extend the deadlines to give me time to request & inspect their disclosed documents before compiling my Witness Statement? If so how is this done? Is there a form to do it on such as the N244 or do I just write a letter asking? If I dont get copies of their listed documents before the Witness Statement deadline can I put in another draft order via N244 to have it struck out? 4. If GA fail to supply their Witness Statement by the Court's deadline Can I enter a N244 draft order to have it struck out? Sorry for the questions but I'm rather out of my depth at this stage.

Thanks citizenB. Thanks Andy. Roll on the 5th March

Thanks citizenB

Ive had a letter from the court with regard to my N244 form... My worry here is if GA submit on or near to the 5th March it leaves me no time to request copies of any documents as the deadline for this was the 8th Feb. It also leaves very little time to prepare my Witness Statement as the deadline for this is the 8th March. If this happens can i ask the court for more time and if so is there a specific form I make this request on?

Thanks very much Andy. Taking it to the court by hand tomorrow Ive put £35 costs down as I dont have a clue what the going rates are.

Thanks Andy. However Im a bit confused... Am I right in thinking that I am the 'claimant' in this draft order & they are the defendant? "1. The Claimant be granted summary judgment on the whole of the claim and the counter claim by the Defendant struck out. 2. The Defendant do pay to the Claimant forthwith the sum of £[ ] in respect of the claim. 3. The Defendant do pay the Claimant’s costs of the claim, in the sum of £[ ] within 14 days." I dont have a clue what to put in the money bits. I understand No3 means my costs?? but dont know what No 2 is about at all

Done a bit research and it turns out I'm entitled to payment exemption due to me being on 'Childless' Working Tax Credits. Coupled with the fact the courts dont like letters, I've decided to use the N244 form and was wondering if the following was okay to put on it... --------------------- Not sure if me requesting a strike out is too pushy but having said that the claimant has failed to do what they were told by the court so surely I'm not doing anything wrong... Am I?

Thanks Andy, Im learning all the time. & thanks SteveH too I didnt know a letter to the Judge / Court carried little or no weight. The N244 is titled 'Application Notice' and asks "What order am I asking the court to make & why" I know the "why" bit but I dont know what 'order' I should be asking the Judge/court to make. Im assuming Its too soon to ask it to be struck off? I've looked up the fees via this forum - £75 I believe. Its money I dont have lying round but Id find it rather than have my letter filed in the bin.

Okay, ta... Not having done this before, does this look good enough? (not sure if I should be asking for specific "sanctions"?) Ive tried to write it professionaly as possible rather than saying Hay court people... They didnt comply the little stinkers! Get them told & give them some of their own medicine while you're at it!

The court N265 deadline passed on the 25th Jan and Ive not received Global Arrow's N265 form from them. I sent mine to them on the 23rd Jan via special delivery. The court papers state that I must request any documentation detailed in their N265 by the 8th Feb but how can I do that if they dont send me their N265 form? Should I contact the court to tell them they have not complied with the court instructions / Ive not received their N265?

Thnaks.

Okay I think I've got it now. One question regarding me requesting documentation from them. On the N265 it says... Both parties shall give to each other standard disclosure by list, the lists to be served 4:00pm on 25th January 2013. Any request for a copy, or inspection, of any document shall be completed by 8th February 2013" Once Ive received their N265 what form do I use to request copies of their stuff I'd like to see before trial? Im assuming Im filling the "I do not abject to the claimant seeing the disclosed documents" bits. Is this right?

Thanks Andy. Okay, Ive downloaded the N265 Form. Do I state all the documents that I have, like every bit of correspondence from MBNA that I have kept etc, or just the ones that I will be using in my defence such as the two Credit Agreements & the Default Notice? Am I right in thinking I have to send the form to the court? Do I wait until GA ask for any such documents from me before filling the N265 in? Also do I need to request documents - and which ones - from GA or is this done after both parties have submitted their N265 forms?

Today I received some correspondence from a Deputy District Judge at my local court entitled "Notice of allocation to the fast track" "Arrow Global Vs Toxic Debt" dated 28th December 2012. It goes on to state that... "It Is Ordered That"... 1. The Claim is allocated to the fast track 2. Disclosure of documents shall be dealt with as follows: Both parties shall give to each other standard disclosure by list, the lists to be served 4:00pm on 25th January 2013. Any request for a copy, or inspection, of any document shall be completed by 8th February 2013. 3. Both parties shall by 4:00pm on 8th March 2013 serve on each other the witness statements of themselves and of all witnesses (other than expert witnesses) on whom they intend to rely. 4. No party may rely on or adduce the evidence of any witness whose statement has not been served in accordance with this order without further permission from the court. 5. Each party shall: Serve any request for clarification or further information based on any document disclosed or statement served by another party no later than seven days after disclosure or service and... Reply to any such request served on it within seven days of service of the request. 6. Each party shall file completed Listing Questionnaires (Pre- Trial Checklists) by 4pm on the 19th April 2013. The claiment shall also pay the fee of £xxx.xx plus the hearing fee of £xxx.xx when they file the Listing Questionnaire 7. The case be listed for fast trial before a judge sitting at XXXXXXXX courton a date to be fixed in the period commencing 3rd June 2013 and ending 21st June 2013, with an estimated time of 90 minutes. 8. Parties are to file of details of witness availability within the trial window by 4:00pm on 25th January 2013. Any availability received after that date my not be taken into account when the matter is being listed. 9. Costs in the case. 10. Because this order has been made by the court without considering representations from the parties, the parties have the right to apply to have the order set aside, varied or stayed. A party wishing to make an application must send or deliver the application to the court (together with any appropriate fee) to arrive within seven days of service of this order. Ehhm, not entirely sure what exactly is this telling me I need to do

Thanks Andy I emailed Northampton Court to ask if they had received my AQ as Royal Mail tracker said it was still in progress. They replied to say they had received it and the claim was transferred to my local court on the 7th December. Ill look out for the NoA Kind regards Toxic

Ive been sent a copy of Arrow Global's Allocation Questionnaire today along with a 1 sheet covering letter "urging" me to contact them to "resolve the Issues and save further recourse to court" blah blah. Section A 1. Do they want to settle at this stage... Yes 2. If so Do they want a month stay?... Yes Reasons - None (left blank) Section C Have they complied with the pre-action protocol... No Reason given... "Full details of the claim have been provided to the defendant" (Ive not had anything from Arrow whatsoever apart from the court claim form) Section D Have you made applications in this claim?... No Witnesses... Claimant. Witness to which facts... "Contract/Debt" They didnt tick any Track. Section F Have they attached a list of directions they think appropriate.... No Section I Have they attached documents to this questionnaire?... No What happens next?

Hi Clumber Im in the same boat as you - just about a month ahead of you. Shoesmiths caved in & withdrew their services as soon as i submitted my defence ( I did not contact them prior to submitting my defence). Arrow are now proceeding by representing themselves. Im at the stage where I have just submitted my Allocation Questionnaire. Not sure if this will help but you can read up on where my case is presently on the MBNA forums under the title of Toxic Vs MBNA. It might give you an idea as to what is coming your way in the near future & help you head off any pitfalls that may happen to me along the route, seeing as I'm a little ahead of you in the court claim progress stakes ;-)