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  1. I have annotated in red where I think you should make some changes - I am sure others will comment too.
  2. Hi How they can state served 2nd August when it was only sent out to you that day (at best) who knows! As you can prove that service of their latest documents was on the fifth, you should have 14 days from then to reply with your defence, I believe. If you need the time it might be worth writing to them to that effect, asking for their agreement that you therefore have until 19th August to get your full defence to them. If they don't agree, it is something you can show the Judge to demonstrate how unreasonable they have been - perhaps?
  3. Third try with uploading. I cannot edit my earlier posts for some reason something has changed with regard to my permissions in the last few days. Judgment.pdf
  4. I hope you can read this better - the system of image uploading to the forum seems to have changed since I last used it - also I can no longert edit my posts![ATTACH=CONFIG]20678[/ATTACH]
  5. OK Here is the latest Judgment which arrived in the post this morning. Please can anyone comment on item number 4. It seems complete nonsense to me - how can a judgment be both on admission and in default? And what should/can I do about this judgmet? It seems that for a set aside I would have to have used CPR13 and CPR14 and now an appeal is the only route - but do I have sufficient grounds, based on item 4 of this ruling, if I have a valid defence (which I think I do)? Your rapid replies would be appreciated as I have less than a week to request leave for appeal.
  6. Hi. If the original DN demanded to full balance as a remedy, then the DN is faulty. A DN can only demand payment of amounts that are in arrears as a remedy. Does the copy of the DN in the POC have exactly the same content as the original DN? If it doesn't you can challenge their evidence and their witness statement, because the DN in the POC must be a "true copy". As for preparing your bundle, I suggest you follow the links posted on my thread (below) as I found them very useful http://www.consumeractiongroup.co.uk/forum/legal-issues/265332-help-require-default-judgement.html#post3005117
  7. Except that, had you paid up within the time limit provided on the DN they would have missed at least one statement to you - the one due in February. Under the act, if you remedy a default then the status quo of the agreement before the DN was sent is supposed to be fully restored. It appears to me that you haven't actually defaulted until the end of the 14 days allowed for remedy. I think you can safely say that the agreement was ended by MBNA at or before the time that the February statement was due - which is about the same time as the DN was sent. That is in breach of the CCA. The key phrase in Section 87(1) important in this case is: “is necessary before”.
  8. Do you know the LAST date you received a statement? I ask this because there are terms and conditions which apply to the Creditor as well as the Debtor. Currently MBNA t & cs include this one: So, if they stopped sending you statements in December '09 or January '10 or any time before the DN date, THEY have broken their own t & cs, which is a sure sign that they have terminated - or simply broken (defaulted on) the agreement.....
  9. So, you are saying that first make a Part 18 request and when you receive the response apply under CPR 31.14 for copies?
  10. Are you sure? I thought the wording was: So it does not cover documents they MAY rely on but have not disclosed at this early stage.....
  11. My calendar says the 12th Feb is a Friday. The 24th is a Wednesday and the 25th therefore is obviously is a Thursday. Statutory 14 days from service (first class) would be 24th Feb (8th + 2 + 14). If you can argue (and prove, as that seems to be the way the Judges work) that the DN was sent 2nd class then the 'by' date would have to be the 26th. As I understand it, weekends only 'count' if they interfere with the postage - i.e. post on a Friday, and both Saturday and Sunday do not count when working out the date of service; BUT the 14 days allowed for remedy does not give you time off at the weekends to cut the grass or do the shopping - the clock is still counting.....
  12. I quote from the thread you mentioned above: It is clear you cannot request under CPR 31.14 copies of documents which HAVE NOT been mentioned/disclosed in pleadings. Therefore CPR 15.5 does not apply. I could be wrong but: If the particulars of claim only mention the agreement, that's all you can expect to get from a request under CPR 3.14. If you want copies of anything else on which to base your claim, you need to wait for the claiment to mention (or disclose) them before you can request copies under CPR 31.14.
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