Thank you, will keep things posted

Thanks andy, much appreciated. I assume i will hear from allocated court next?

yes i have, please if we could

Ok, directions as follows: IT IS ORDERED THAT 1. The case be allocated to the Fast Track 2. The parties shall give to every other party standard disclosure of documents by serving disclosure statements no later than 6th October 2014. The latest date for service of any request to inspect or for a copy of a document is 13th October 2014. 3. Each party shall serve on every other party the witness statements of all witness of fact on whom he intends to rely on no later than the 17th November 2014. 4. Each party must file a completed pre-trial check list no later than 8th December 2014. The trial of this case will take place on a date to be fixed between 12th January 2015 and 2nd February 2015. 5. The time allowed for the trial is 1 day including reading time. 6. The Claimant shall lodge and indexed bundle of documents contained in a ring binder and with each page clearly numbered at court not more than 7 days and not less than 3 days before the start of the trial. 7. Each party must inform the court immediately if the claim is settled whether or not it is then possible to file a draft consent order to give effect to their agreement. 8. Costs in the case.

Hi Andy, Yes it is Fast track. Ive only had their Draft Directions, I have my N181 but not seen theirs. This is stressful !

Hi all, I have a Directions Questionnaire to fill out and am a bit unsure how and what to put in it. I have had correspondence from Claimants solicitors with their proposed directions then a further letter addressing the points in my defence. Help !

Hi, Yesterday received a letter from Northampton Court- Notice of proposed Allocation to the Fast Track. Presume this is normal, was hoping no news was good news as it had been so long since the original correspondence from Northampton Court with the POC. I have some time to consider and find out what to do, but any help would be appreciated, especially andyorch who's invaluable help has got me so far. Thanks

with your help andy they would be silly to proceed !

Hi, Hope anyorch is around to help again. Looking like they are proceeding here. Last letter said they are not in agreement with the defence and await to receive directions from the court. Just wondering what my next step is? Will this get transferred to my local court? , and the court will notify me?

Andy that sounds great. Many thanks. Will get it off ASAP and keep thread updated and keep reading up.

and have they? Are they claiming the full amount as interest?

£11,500 approx

PoC for reference... 1.The claimant is an assignee of the following debts, notice of assignment having been given to the Defendant in writing: MBNA POINTS - DIRECT (EXISTING) £***** Account Number **************** 2.Despite demands for payment, the above amount remains due. 3.The claimant therefore claims the sum of £****, interest under s.69 County Courts Act 1984 and costs.

Hi Andy, could you look at this for me please. I've spent hours reading threads and it is still very daunting. I was reading a thread where you were helping Shamrocker and have tried to incorporate some of the advice you gave them into my own. I have spoken to the court at need to get this in quickly. It is as follows : DEFENCE I **** ****, am the defendant in this action and make the following statement as my defence to the claim brought by Aktiv Kapital Portfolio AS, the Claimant. Except where otherwise mentioned in this defence, I neither admit nor deny any allegation made in the claimants Particulars of Claim and put the claimant to strict proof thereof. The claimants Particulars of Claim are vague and do not provide sufficient detail and appear to be an abuse of the process in that they fail to deal with the basic rules of pleading in accordance with the civil procedure rules. I am at a disadvantage to respond to this claim and to allow me to properly defend the claim. By way of example I have sent a CPR part 31.14 requesting copies of documents in the Particulars of Claim and the claimant has failed to provide any documents in accordance with this request. Also a further request for information pursuant to the Consumer Credit Act has been made but as of this date has neither been supplied or the request acknowledged. These requests were made to the Claimant’s solicitors on 11th April 2014 by recorded delivery and signed for by the claimant on 14th April 2014. To date I have received no response or acknowledgement from the claimant’s solicitor. It is denied with regards to the Defendant owing any monies to Aktiv Kapital. The Claimant is put to strict proof to: (a) show how the Defendant has entered into an agreement with the Claimant; and (b) show how the Defendant has reached the amount claimed for; and © show how the Claimant has the legal right, either under statute or equity to issue a claim; As per Civil Procedure Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed. On the alternative, if the Claimant is an assignee of a debt it is denied that the Claimant has the right to lay a claim due to contraventions of Section 136 of the Law of Property Act and Section 82A of the consumer Credit Act 1974.

Thanks, I will try and get them into PDF but it is unlikely I can do this before my defence has been submitted. I have however noticed that the DN sent to me from MBNA asks for the outstanding balance in full to be paid by the 29th August 2009, on the 27th August 2009 Experto Credite wrote to advise they had bought the interest of MBNA (is this classed as a NOA letter?). In any case this is a breach of timescales between DN and NOA?

Hope this works

I have taken a picture, just need to work out how to get link here

Not now, do not have scanner at home, its a pre 1997 application form with no T & C's. Like a lot on here. I have had this sprung on me after a long time and really wanted some help to file a defence and give me some breathing space.

Unenforceable CCA?

I thought my defence was that having asked for any information relating to the POC and having had no correspondence back was sufficient to suggest that I am unable to file a defence based on lack of communication or knowing what information they are proceeding with? I was under the impression I cannot dispute the CCA as it is not mentioned in the claim? Was, and still am looking for something to fight with.

Hi, Getting close for me now, any help much appreciated.

Thanks Andy, I have been working on this for the last few days...your thoughts much appreciated... I ****** *****, am the defendant in this action and make the following statement as my defence to the claim brought by Aktiv Kapital Portfolio AS, the Claimant. The claimants Particulars of Claim are vague and do not provide sufficient detail to enable a proper defence to be filed. I am at a disadvantage to respond to this claim and to allow me to properly defend the claim. By way of example, the claimant has failed to provide all documents in accordance with a CPR request. This request was made to the Claimant’s solicitors on **th April 2014 and sent recorded delivery. To date no response or acknowledgement from the claimant’s solicitor has been received. Without clarification of the claimant’s claim, the defendant is extremely disadvantaged and the claim appears without merit.

Seems I am in the exact same boat as you nunkychunky. Details are almost identical with the exception that I have requested CCA and CPR requests but heard nothing.

Thanks citizenb

Hi dx100uk, Checking back I cannot see me requesting a SAR from MBNA. I successfully claimed back unlawful charges a long time ago. To be fair I have had no contact with anyone for over a year until this Claim Form arrived and am not sure from the details in the POC where my defence lies. I made a CPR request and CCA request over 2 weeks ago after receiving Claim Form and have heard nothing. I wonder if they will arrive right at the last minute and leave me insufficient time to do anything. My defence has to be submitted by Friday, help please!