Sleeves rolled up ready and waiting

Yes it went off today special delivery. As did not want anything striking out if I didnt. I inc C pre-action protocol, Draft for defence, Other information, and a copy of my FULL defence. Is there anything I can raise myself right now before this thing lands on my doorstep in order to play them at there own game?

Hi Zara35 my date of 11May AQ is the same as you that I am getting off in the post today (re MBNA too) I have just phoned the court to see if they had filed there AQ yet and have been advised they had applied for Summary Judgement instead so am to have the papers in the post anyday too. Oh what joy eh!!!

Hi CCM, rang the court today to see if the other side had filed there AQ yet, they advised me it seems they have applied instead for Summary Judgement with a hearing date in July been set! She said they obviously dont think I have a strong enough case???? and I should have the paperwork any day. :mad::mad::mad::mad:

Superb....thanks ever so much

Hi CCM when you posted that link to that other N150 form http://www.hmcourts-service.gov.uk/H.../FormFinder.do under the section c (Pre-action protocols) you mentioned to put NO and to put this case is not covered by any approved protocol. As my N150 is different (which we've now determined) it says the following under Pre-action protocols:- If an approved pre-action protocol applied to this claim, complete Part 1 only, if not, complete part 2 only. If you answer NO to the question in either part 1 or 2 please explain the reasons why on a separate sheet and attach it to this questionaire. Part 1 (please say which protocol) The xxxxxxxxx protocol applies to this claim Have you complied with it? Yes or NO Part 2 No pre-action protocol applies to this claim. Have you exchanged information and/or documents (evidence) with the other party in order to assist in settling the claim? Yes or NO Am I still putting NO to the Part 2? then on a seperate sheet I have to put my reasons why? (what would they be?) its just that it says have you exchanged information and/or docs (evidence) with the other party in order to assist in settling the claim and I did send a letter to MBNA offering a settlement in Dec that Restons are aware of too! Other than that, its all ready to take to court now..what do y'think?

How weird that my N150 slightly differs from the hmcourts website one...ah well, there is nothing like keeping us on our toes eh......

Cheers for that, just want to state all I can to show the ground work from many an hour on here has been put in as so to speak!! Couple of other quick questions before putting the finishing touches to it, in Witness section where I am putting myself (& my name of course) my husband will be with me too so shall I put (& husband = 1) Also you mentioned...... Section H leave blank? This is my last section so I take it I should apply the next section i bit you mentioned here....Section I tick yes to the 1st question...no to the second tick no to applications and in the big box write "please see attached section I" Therefore I take it I am not sending a copy to the other side (less signature) (wasnt sure whether to y'see?)

Thanks CCM can you just confirm the dates I should be using in here are the 11th May (when the alloc questionnaire has to be back by) also is it ok for me to pad this out a bit mentioning the relevant acts of parliament they each refer to (which I can copy & paste from my full defence since I only had 800 words on the MCOL that time). Or better still can I include my FULL defence relating to this information? Also is it worth attaching proof of my CPR letter requesting the said information too. I like to go in fighting and read somewhere that A well written draft order for directions can also demonstrate a good knowledge of relevan case law and it can be a factor in persuading a claimant that it is not worth paying more money to continue? I also had a faulty DN shall I mention what I have also come across in addition to the above about this too just after where your paragraph ends in enforcement order? To be valid, a default notice needs to be accurate in terms of both the scope and nature of breach and include an accurate figure required to remedy any such breach. The prescribed format for such document is laid down in Consumer Credit (Enforcement, Default and Termination Notices) Regulations 1983 (SI 1983/1561) and Amendment regulations the Consumer Credit (Enforcement, Default and Termination Notices) (Amendment) Regulations 2004 (SI 2004/3237). Failure of a default notice to be accurate not only invalidates the default notice (Woodchester v Swayne & Co [1998] EWCA Civ 1209 (14 July 1 9 9 8) but is an unlawful rescission of contract which would not only prevent the court enforcing any alleged debt, but would also give rise to a potential counterclaim for damages where damage occurs to my credit rating (Kpohraror v Woolwich Building Society - [1996] 4 All ER 119) Copies of statements are necessary to establish the alleged balance on the account, to establish the percentage of the balance caused by unfair terms under the Unfair Terms in Consumer Contracts Regulations 1999 and therefore not binding on the defendant, and to establish whether or not the defendant is indeed indebted to the claimant to any degree. My previous request for this necessary information has been ignored. These documents are also necessary to determine the true balance on the alleged account at the time of default and termination. If the balance quoted on the default notice should be inaccurate to a degree greater than de minimis, either by the levying of unlawful charges deemed unfair under the Unfair Terms in Consumer Contracts Regulations 1999 or any other reason, then the default notice is rendered invalid as per Woodchester v Swayne & Co [1998] EWCA Civ 1209. Its is respectfully requested this case be allocated to the small claims/fast track (edit accordingly), it is a straight forward case and is easily resolved on production of the required documentation by the claimant, should the claimant not have the documentation required to progress this case I suggest that there will be no case to answer Therefore it stands to reason that these documents must be disclosed before this case can progress any further.

Hi again CCM, yes its local to me and the date I have got is the 11th May I could do with doing it though by the end of this weekend if thats ok as I am going to be travelling up & down the country with work next week so not sure how often I will be able to access my pc y'see. Look forward to hearing from you soon. Thanks

Thanks supasnooper

I have the N150 allocation questionaire to tackle today, I have come across this which no doubt will help me greatly. Directions for N150 or N149 Allocation questionnaire Just wondering about certain sections on this form regarding the "other" information I need to do. I take it I am to word all my defence stuff in FULL here again now since I am not limited to how many words I can put in now & include it on a separate piece of paper with copies of example docs I have submitted to the claimants/solicitors already to help in my defence? Also the pre-action protocol section, I did try to settle with them both verbally & in writing previous to the court forms being served, shall I point that bit out in this section? As always any guidance/help again will be very much appreciated. Thanks

Hi Pol76 again.....its me on the same timescale as you & they also have over-run the 33 days with me in responding to my defence last weekend so mine is stayed too. I am pondering the next move too....I've waited a week too

Update it seems MBNA & there Solicitors have run out of time in responding to my defence last weekend when 33 days were up so I take it now from what I read this means it is now "stayed?"

Hi greeknights I had credit card company on my back who set there solicitors on me to try to do the same thing but they issued me with court papers to try & gain a charging order. I am with payplan who said to fwd all the details to them & quite rightly as 42man has said they would have admitted everything on my behalf, however I chose to defend it instead & not send the papers onto them. With the help of the CAGGERS on this website & lots of late nights in these forums its so far all paid off as this week the Claimant/Solicitors have run out of time in responding to my defence. Payplan were made aware I was doing this all along. I personally think the time is right now for me to halt making any more payments to them since court proceedings should not have been brought in the first place, my query would be if Payplan will do that as with another account credit card also in Dispute, this I intend to check into at my next review with them very soon now.

UPDATE:- Just to let you know no news is good news for me so far. Not heard a dickie bird since filing the defence 16th March. I understand they have 33 days MCOL adv me this morning & they have not heard back from the Claimant yet. I am still ready & waiting if the next action from them does come my way & have lots up my sleeve ready from gaining lots of your helpful advice having spent many an hour on these forums, maybe if its because they dont have the "said" documentation required to progress this case? Also I understand if solicitors are chasing for a debt that is in dispute and does not have a valid CCA arern't they breaking the solicitors code of conduct here? Been looking at the Solicitors Regulation Authority and found a few things eg. Rule 11.01 Deceiving or misleading the court (1) You must never deceive or knowingly or recklessly mislead the court. know there is no CCA? Solicitors Regulation Authority - If you have been reported to us

Oh I am CCM........armed and on standby.....cheers

Thanks CCM, I have other creditors though who Payplan distribute to each month who I've never CCA as they were all accepting of Payplan and payments offered. When I did initially try to do all this by myself they were not keen to take my offers of payments (only when I went into a DMP they did) hence having a more stressfree life since. Its because of MBNA never being accepting and being a pain doing all this to me that I commenced battle back myself. In order for me to pull MBNA out of the equation in my DMP will they tell me to take back the whole caboodle to cope with myself again then, surely Payplan will act on my instruction for this one creditor wont they?

I was wondering with me being in a DMP Payplan should they be informed of any of these goings on that I have chosen to undertake myself just now? I did not pass the court papers there way initially as they would have just admitted it all on my behalf you see. Its just that I was reading with concern on another thread that should I eventually wish to stop payment to a creditor who hasn't been forthcoming with a CCA request DMP companies may not allow you to do this?

Update - I received a copy of T & C today but not the CCA original ones (from 2000) as they have the £12 charges on them. No signatures, no APR's anywhere. They also sent me a copy of the default notice from the 9th Jan again (but strangely enough this has a different credit card no on it to the default notice I originally got) Hmmmmmm!!!! So not an exact copy therefore after all???? Any thoughts anybody???

Hi Darcus I filed my defence on my claim form with the help of CCM & others early this week. For the S69 bit I put in..... It is denied that the claimant may claim interest under the County Courts Act 1984 S69 as the purported agreement is a regulated agreement regulated by the Consumer Credit Act 1974 and the County Courts (Interest on Judgement Debts) Order 1991 (No.1184 (L.12) ) section 2 (3) as the name of the order implies, is applicable only to judgement debts. I'm just waiting on the next round of something to come my way now....but so pleased I have had all the help and advice from everyone on here so far, so stick in there and stay strong. Good luck

Hi Needabreak I have spent many an hour getting lots of advice and help on this forum from others too. I am a little ahead of you as got my claim issued by the same DUO too on the 13th Feb so have just filed my defence online recently. I now await my next "round" of battle as so to speak, so if you want to keep an eye on my thread anytime with the CAGGERSs helping me feel free to do so. My non CCA rec'd is from the year 2000, whats yours?

Ok, thanks CCM will save myself the Special Delivery costs to get it in on time. I just hope I wouldnt be seen to be saying one thing then not doing it!!!! cheers

Have responded with my defence within the 8000 characters allowed on MCOL tonight. I also had such a lot more to say that I mentioned in it I would be submitting the Full paticulars of the defence today. Will this added extra be allowed and of any benefit to me now? Please advise as I hope to get it off Special Delivery today. Thank you. (if not the fact that I mentioned it in my defence will I be held to it??)