Hi C2K, glad to see folk coming to your aid! My case has only really just begun - if you have a spare hour have a look at my thread!! http://www.consumeractiongroup.co.uk/forum/legal-issues/266440-ccj-defence-due-please.html#post3017281

Generally, yes there are. An Insolvency Practitioner would firstly be appointed as your nominee and would assist you in preparing your proposal to creditors. There will be a Nominee's fee for this work. Once the arrangement is agreed, the Nominee becomes the Supervisor of the Arrangement and any Supervisor fees are generally paid from the contributions you'd make into your IVA. If you debts are under £15,000 you may be better off considering a debt relief order. Have a look at the attached link to the R3 booklet "Is an IVA Right For Me?" All the best, CM http://www.gregorypennington.com/IsanIVArightforme.pdf

Hi C2K, Your findings are very interesting to me as MBNA have also registered a default on my credit report on 31 March 2010 yet the (defective) default notice they sent me is dated 9 April!! There are some great people here who will help you out. All the best, CM

Yeah, with my 7 acres of landscaped gardens!! Good to see you back CB, hope you had a good break.

Me again - just to confirm that I've spoken to the Court and the fee for the submission of the N244 requesting information under CPR is indeed £40. Once again, OH has confirmed that there has been no post at Chipmeister Towers today... Right! I'm off to the Post Office!

GH and FG - thanks ever so much. Will call the Court, confirm the fee and get 'em sent off post haste!

Thanks for confirming. Fair enough re the typos - I certainly wouldn't want to appear petty when I have real issues to deal with! Please find attached my amended N244 and draft order (greatly reduced!) for review and comment - hoping to send it all off this afternoon, so if any CAGers have a spare moment I'd be grateful for any final reviews and comments. Thank you all - you are fantastic. :grin: N244.pdf

FG, you are a legend - thank you so much. I presume I should send my N244 to the Court (two copies, is this correct?) via recorded mail, or am I best to use special delivery? The only other thing that I require assistance with now is the amount I need to pay the court for the N244 order - please could someone confirm? General applications • Application on notice where no other fee is specified £75 • Application to set aside a County Court Judgment £75 • Application by consent or without notice where no other fee is specified £40 • Application to vary a judgment or suspend enforcement £35

Quick question below please:

FG, thanks so much for this. By adding a brief summary at 10 on the N244 I can eliminate a lot of the waffle on my directions already. I know my directions are an epic and need some work, but I am learning all the time and am grateful for the time you have given me. All the best, Chips

By the way, please could someone confirm the cost for filing the N244 - been looking on Court website and come up with this: General applications • Application on notice where no other fee is specified £75 • Application to set aside a County Court Judgment £75 • Application by consent or without notice where no other fee is specified £40 • Application to vary a judgment or suspend enforcement £35 • Application for a summons or order for a witness to attend £35 • Application for a certificate of satisfaction of a judgment debt £15 Think it is £40 - Application by consent or without notice where no other fee is specified, but would be mortified if I sent the wrong amount!

OK, here is the amended version without the SAR bits: --------------------------- MBNA v Chipmeister Court Ref: Information in Support of my Application I refer to my embarrassed defence submitted via MCOL on 9 July 2010 and acknowledged by the Court on 12 July 2010. On Thursday 8 July 2010, I requested information under Civil Procedure Rules 31.14 and 18 from the Claimant’s solicitors, Optima Legal (“Optima”), to assist me in preparing a full defence. Optima provided a response to my requests dated 9 July 2010 (which I received on 13 July 2010) advising me that “these regulations comes (Optima's typo, not mine!!) into relevance further into litigation proceedings under a process called, “disclosure” and as such the requests are inappropriate at this time.” I responded to Optima’s letter on 17 July 2010 by exercising my rights under CPR 31.15 and advising them that I required sight of the original executed document. My letter was sent by recorded mail on 17 July 2010 and I received confirmation that it was delivered on Monday 19 July. Copies of Optima’s letter, my response and CPR 31.15 request are attached for the Court's ease of reference. The seven days in which Optima had to respond to my CPR 31.15 request have now expired, and I have not received their response. As further background to my case, I confirm that I did not receive a proper letter before action from Optima before they instigated legal proceedings against me, which is in violation of the Practice Direction relating to Pre-Action Conduct. Furthermore, Optima sent their Particulars of Claim separately without copies of the documents asked for in my CPR 31.14, putting them in breach of CPR Practice Directive 16, paragraph 7.3. I feel that I am being frustrated in my attempts to file a full defence as the Claimant has made no effort to comply with my reasonable requests, and without the documents listed below the Claimant cannot prove their case and the Court cannot make a fair judgement. Draft Order I therefore wish to make an application to the Court under CPR 31.15 requesting that the Claimant provide me with the following documentation by Thursday 26 August 2010 to allow me to prepare a full defence: 1) Legible photocopies of the original, signed, executed consumer credit agreements in respect of the two separate credit card accounts which have been combined in this claim 2) Any terms and conditions that applied to the accounts at the time of default and at the time the accounts were opened 3) All terms and conditions , as varied, that applied throughout the duration of both accounts 4) True copies of any notice of assignments that Optima Legal or the Claimant sent me, with a copy of any proof of postage that they hold 5) True copies of any default notices and enforcement notices that Optima Legal or the Claimant sent me, with a copy of any proof of postage that they hold If copies of any of the above documents are to be relied on in court rather than originals, a copy of the Notice of Proposal to adduce hearsay evidence is required under s2(1) of the Civil Evidence Act 1995, together with proof of the authenticity of the documents as required under s8(1)(b) of the Act, including, but not limited to: a) A copy of the procedure(s) used for copying, storing and retrieving documents b) A copy of the relevant log entry showing the time and date of the scan or copy, the name of the member of staff making the copy, the method used for copying, storage and retrieval and time and date of destruction of the original documents c) Copies of internal and external audit reports covering the entire period from the date of the copy to the present to demonstrate that the procedures have been complied with d) Copies of Quality Assurance accreditation certificates covering the entire period from the date of the copy to the present to demonstrate that the procedures and audit processes comply with the appropriate quality standards 6) Copies of statements from the date of inception to the termination of the agreements for both accounts so that I may audit the claimed sums for accuracy 7) Documents relating to any insurance added to the accounts, including the insurance contract terms and conditions , date it was added and deleted (if applicable) 8) Details of any collection charge added to the accounts, specifically, the date it was levied, the amount of the charge, a detailed financial Breakdown of how the charge was calculated, and what the charge covers 9) Specific details of the fees / charges levied by any other agency in respect of these accounts and a detailed breakdown of said fees / charges and what each charge relates to and on what date said fees / charges were levied 10) Termination notices in respect of both accounts 11) Any other documents that the Claimant seeks to rely on in court. Finally, I request permission from the Court to re-submit my full defence pending delivery of the above mentioned documentation from the Claimant. Unless the Claimant provides this information by Thursday 26 August 2010 I would respectfully request that the claim be struck out under CPR 3.4 (2a, 2b) as an abuse of process, and that the Claimant be ordered to pay the costs of this application to be summarily assessed on the standard basis and pursuant to the provisions of The Litigants in Person (Costs and Expenses) Act 1975. --------------------------------------------------- The N244 can be reviewed in post 183. Thanks again to you all for your input.

The less post I receive the happier I am!!!

OK, I'll take the SAR stuff out - certainly don't want to rant on and upset the judge! Does the actual N244 read ok please?

Quick update - yet again, no post received at Chipmeister Towers...

OK folks, here is my amended missive to be attached to S10 of the N244 form. As I will be attaching copies of Optima's response to my requests as part of S10 I have edited the missive. Also attached is a PDF draft of the N244. Please can someone cast a beady over it and confirm that what I intend to write is ok! Thanks to you all. ------------------------------------------------------- MBNA v Chipmeister Court Ref: Information in Support of my Application I refer to my embarrassed defence submitted via MCOL on 9 July 2010 and acknowledged by the Court on 12 July 2010. On Thursday 8 July 2010, I requested information under Civil Procedure Rules 31.14 and 18 from the Claimant’s solicitors, Optima Legal (“Optima”), to assist me in preparing a full defence. Optima provided a response to my requests dated 9 July 2010 (which I received on 13 July 2010) advising me that “these regulations comes into relevance further into litigation proceedings under a process called, “disclosure” and as such the requests are inappropriate at this time.” I responded to Optima’s letter on 17 July 2010 by exercising my rights under CPR 31.15 and advising them that I required sight of the original executed document. My letter was sent by recorded mail on 17 July 2010 and I received confirmation that it was delivered on Monday 19 July. Copies of Optima’s letter, my response and CPR 31.15 request are attached for the Court's ease of reference. The seven days in which Optima had to respond to my CPR 31.15 request have now expired, and I have not received their response. As further background to my case, I confirm that I did not receive a proper letter before action from Optima before they instigated legal proceedings against me, which is in violation of the Practice Direction relating to Pre-Action Conduct. Furthermore, Optima sent their Particulars of Claim separately without copies of the documents asked for in my CPR 31.14, putting them in breach of CPR Practice Directive 16, paragraph 7.3. I feel that I am being frustrated in my attempts to file a full defence as the Claimant has made no effort to comply with my reasonable requests, and without the documents listed below the Claimant cannot prove their case and the Court cannot make a fair judgement. Draft Order I therefore wish to make an application to the Court under CPR 31.15 requesting that the Claimant provide me with the following documentation by Thursday 26 August 2010 to allow me to prepare a full defence: 1) Legible photocopies of the original, signed, executed consumer credit agreements in respect of the two separate credit card accounts which have been combined in this claim 2) Any terms and conditions that applied to the accounts at the time of default and at the time the accounts were opened 3) All terms and conditions, as varied, that applied throughout the duration of both accounts 4) True copies of any notice of assignments that Optima Legal or the Claimant sent me, with a copy of any proof of postage that they hold 5) True copies of any default notices and enforcement notices that Optima Legal or the Claimant sent me, with a copy of any proof of postage that they hold If copies of any of the above documents are to be relied on in court rather than originals, a copy of the Notice of Proposal to adduce hearsay evidence is required under s2(1) of the Civil Evidence Act 1995, together with proof of the authenticity of the documents as required under s8(1)(b) of the Act, including, but not limited to: a) A copy of the procedure(s) used for copying, storing and retrieving documents b) A copy of the relevant log entry showing the time and date of the scan or copy, the name of the member of staff making the copy, the method used for copying, storage and retrieval and time and date of destruction of the original documents c) Copies of internal and external audit reports covering the entire period from the date of the copy to the present to demonstrate that the procedures have been complied with d) Copies of Quality Assurance accreditation certificates covering the entire period from the date of the copy to the present to demonstrate that the procedures and audit processes comply with the appropriate quality standards 6) Copies of statements from the date of inception to the termination of the agreements for both accounts so that I may audit the claimed sums for accuracy 7) Transcriptions of all telephone conversations records and any notes made in relation to telephone conversations by Optima Legal or the Claimant 8) Where there has been any event in the history of the accounts over this period which has required manual intervention by any person, I require disclosure of any indication or notes which have either caused or resulted in that manual intervention, or other evidence of that manual intervention in relation to my accounts. If you are unable to supply this data because there has been no such manual intervention, then please be so kind as to confirm this in your response 9) Documents relating to any insurance added to the accounts, including the insurance contract terms and conditions, date it was added and deleted (if applicable) 10) Details of any collection charge added to the accounts, specifically, the date it was levied, the amount of the charge, a detailed financial breakdown of how the charge was calculated, and what the charge covers 11) Specific details of the fees / charges levied by any other agency in respect of these accounts and a detailed breakdown of said fees / charges and what each charge relates to and on what date said fees / charges were levied 12) A genuine copy of any notice of fair use of my data as required by the Data Protection Act 1998 13) Termination notices in respect of both accounts 14) A list of third party agencies to whom Optima Legal or the Claimant have disclosed my personal data and a summary of the nature of the information that has been disclosed 15) Any other documents that the Claimant seeks to rely on in court. Finally, I request permission from the Court to re-submit my full defence pending delivery of the above mentioned documentation from the Claimant. Unless the Claimant provides this information by Thursday 26 August 2010 I would respectfully request that the claim be struck out under CPR 3.4 (2a, 2b) as an abuse of process, and that the Claimant be ordered to pay the costs of this application to be summarily assessed on the standard basis and pursuant to the provisions of The Litigants in Person (Costs and Expenses) Act 1975. N244.pdf

FG, thanks for looking in and for clarifying some terms for me. My responses are in red below: FG, thanks as ever for your input. I will review the documents and re-submit later on for comment.

That was all mentioned briefly in my defence. Thanks for clarifying what I will need to say to MBNA in respect of repudiation when the time comes. I was thinking - I haven't actually mentioned that my S78 has also been pretty much ignored - should I add this? I thought I was better to concentrate on the CPR chasers with S78 being abused by Claimants trying to use Carey in the incorrect way...

Hi Elsa, thanks for your response. Please see replies below in red:

OK folks, here is my draft order for submission with my N244 form. I'm wondering if I've gone into overkill! Is it too lengthy? Have I asked for the right stuff? Have I asked for enough stuff? Is there anything I shouldn't have asked for? Is there anything I've missed that I should have asked for?!! Comments and guidance very welcome please! Here goes: MBNA v Chipmeister Court Ref: Application for a Special Court Order I refer to my embarrassed defence submitted via MCOL on 9 July 2010 and acknowledged by the Court on 12 July 2010. On Thursday 8 July 2010, I requested information under Civil Procedure Rules 31.14 and 18 from the Claimant’s solicitors, Optima Legal (“Optima”), to assist me in preparing a full defence. Optima provided a response to my requests dated 9 July 2010 (which was received on 13 July 2010) advising me that “these regulations comes into relevance further into litigation proceedings under a process called, “disclosure” and as such the requests are inappropriate at this time.” As I advised Optima in my letter of 17 July, these are requests for information which may be made after proceedings have started, and can continue up until any court hearing. I further advised that the documents requested in my CPR 31.14 request have already been disclosed by Optima by virtue of their mentioning them in their Particulars of Claim, and therefore I was not asking for disclosure but requesting copies of documents that they have already disclosed and should therefore have to hand. On the same date, I exercised my rights under CPR 31.15 and advised Optima that I required sight of the original executed document. As further background to my case, I confirm that I did not receive a proper letter before action from Optima before they instigated legal proceedings against me, which is in violation of the Practice Direction relating to Pre-Action Conduct. Furthermore, Optima sent their Particulars of Claim separately without copies of the documents asked for in my CPR 31.14, putting them in breach of CPR Practice Directive 16, paragraph 7.3. Copies of Optima’s letter, my response and CPR 31.15 request were sent to the Court by recorded delivery on 17 July 2010. The seven days in which Optima had to respond to my CPR 31.15 request have now expired, and I have not received their response. I feel that I am being frustrated in my attempts to file a full defence as the Claimant has made no effort to comply with my reasonable requests, and without the documents listed below the Claimant cannot prove their case and the Court cannot make a fair judgement. I therefore wish to make an application to the Court requesting that the Claimant provide me with the following documentation by Thursday 26 August 2010 to allow me to prepare my defence: 1) Legible photocopies of the original, signed, executed consumer credit agreements in respect of the two seperate credit card accounts which have been combined in this claim 2) Any terms and conditions that applied to the accounts at the time of default and at the time the accounts were opened 3) All terms and conditions, as varied, that applied throughout the duration of both accounts 4) True copies of any notice of assignment that Optima Legal or the Claimant sent me, with a copy of any proof of postage that they hold 5) True copies of any default notices and enforcement notices that Optima Legal or the Claimant sent me, with a copy of any proof of postage that they hold If copies of any of the above documents are to be relied on in court rather than originals, a copy of the Notice of Proposal to adduce hearsay evidence is required under s2(1) of the Civil Evidence Act 1995, together with proof of the authenticity of the documents as required under s8(1)(b) of the Act, including, but not limited to: a) A copy of the procedure(s) used for copying, storing and retrieving documents b) A copy of the relevant log entry showing the time and date of the scan or copy, the name of the member of staff making the copy, the method used for copying, storage and retrieval and time and date of destruction of the original documents c) Copies of internal and external audit reports covering the entire period from the date of the copy to the present to demonstrate that the procedures have been complied with d) Copies of Quality Assurance accreditation certificates covering the entire period from the date of the copy to the present to demonstrate that the procedures and audit processes comply with the appropriate quality standards 6) Copies of statements from the date of inception to the termination of the agreements for both accounts so that I may audit the claimed sums for accuracy 7) Transcriptions of all telephone conversations, records and any notes made in relation to telephone conversations by Optima Legal or the Claimant 8) Where there has been any event in the history of the accounts over this period which has required manual intervention by any person, I require disclosure of any indication or notes which have either caused or resulted in that manual intervention, or other evidence of that manual intervention in relation to my accounts. If you are unable to supply this data because there has been no such manual intervention, then please be so kind as to confirm this in your response 9) Documents relating to any insurance added to the accounts, including the insurance contract terms and conditions, date it was added and deleted (if applicable) 10) Details of any collection charge added to the accounts, specifically, the date it was levied, the amount of the charge, a detailed financial breakdown of how the charge was calculated, and what the charge covers 11) Specific details of the fees / charges levied by any other agency in respect of these accounts and a detailed breakdown of said fees / charges and what each charge relates to and on what date said fees / charges were levied 12) A genuine copy of any notice of fair use of my data as required by the Data Protection Act 1998 13) Termination notices in respect of both accounts 14) A True copy of the consumer credit agreement section 77-79 of the Consumer Credit Act of 1974 (to be removed??) 15) A list of third party agencies to whom Optima Legal or the Claimant have disclosed my personal data and a summary of the nature of the information that has been disclosed 16) Any other documents that the Claimant seeks to rely on in court. Finally, I request permission from the Court to re-submit my full defence pending delivery of the above mentioned documentation from the Claimant. Unless the Claimant provides this information by Thursday 26 August 2010 I would respectfully request that the claim be struck out without further order.

Oh, by the way, I'm still not certain about how I should phrase any letter about unlawful recission, and will this need to be mentioned in my N244?

Excellent!! That should shake them up!!

replies in red below: I will put an N244 together with a draft order for review and comment. v Thanks for all your help!

Hi emandcole, please see relevant recaps below in red! Incidently, my defence was accepted as filed with the Court on 12 July 2010. Optima obviously still have time out of the 28 days (of which 14 have elapsed) to respond to my defence. Am I still ok to push through with the N244? Hope this helps - if you need anything else please let me know

Afternoon all. Well, CPR31.15 received Monday 19 July, reply due by Monday 26 July, and the postman has been and gone and no response received from Optima. So, to work on my N244 I guess. In the N244 can I request the ORIGINAL agreement, and state categorically that I do not want a reconstituted or reconstructed copy - am I actually allowed to do this? I get the feeling that they will not have such a document as the agreeements date back to 2002 / 2003. Therefore, if the ORIGINAL agreement which I am entitled to ask for isn't produced, (and how could it be, I suspect that all they have is an application form, after all, one account I signed up for was outside a football club and I remember there was only an application form, not an agreement) could the case be thrown out due to lack of original documentation? In the N244, do I need to specify a time limit for them to respond, or will the court do that? If I have to do it, what would be considered a reasonable amount of time (seeing as they've chosen not to respond to my CPR requests? Finally, do I need to send a copy of the N244 to Optima or do I rely on the court to do that? All advice gratefully received - I'm really in the mood to go to town on this today!!