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About hereigo

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  1. Hello everyone, A friend of mine is in a real mess, she wants me to keep details vague, she is a young woman who suffers from various disabilities. She has had an account with the bank since she was a child (one of the banks in the RBS family). She has a current account with an overdraft over £2,000, and a credit card. Earlier this year she reached out to higher ups in the bank, to make sure her accounts were in good order , and offered to pay her overdraft down. She explained she has had a difficult year and suffers various disabilities. She just wanted
  2. Thanks again Andy. I am not sure what to do now, I have sent my witness statement in on time, but they seem to get away with ignoring everything, what can I do to hold them to account? They have not delivered a witness statement to me or the court on time, this is on top of ignoring my defence, and CPR 31.14 request, providing no default notice what so ever, and providing zero response to any of the other issues raised,(I could go on). I understood it was very important to file Witness statements on time, but they just ignore the rules? I should at least be able to have t
  3. Hi Andy, Thank you for your reply and help. About the 14 day time-frame to file a witness statement, is it 14 days before the hearing, regardless of holidays or when the court is open? If the court receives it 14 days before, via fax for example, but they are closed, for example on Xmas day, does that still count?. I need a bit longer to sort everything out and want to be sure it's sent in time. Thank you for your reply. I am waiting for their witness statement. The documents they hold appear to be ones Barclaycard sent in response to an older S.78 request - I am guessing thi
  4. Hello all, I need some help, I have followed all the advice up till now with my defence, and s.78/31.14, but MKDP have continued with the case, and ignored my cpr 31.14. The preliminary hearing took place not long ago, the person representing MKDP seemed very confident (and appeared to be talking a lot of nonsense!) commenting that they don't bother keeping agreements, and never lose cases!. They have provided printouts of various terms and statement from a few dates, some of the terms are illegible and the terms are about four pages long with some dated 1998 and some 2010. (there is
  5. Hello, Sorry for the lack of updates, I am not sure what to do now, any help is welcome. Everything has been moving very slowly - and MKDP seem to be delaying for time by filling in any paperwork and such at the last minute. Both parties selected mediation, however despite MKDP selecting mediation they could not find a suitable date for themselves (I was flexible with dates). They have paid the Fee to continue with their claim. I have received an order from the district judge in my local county court ordering that the claim is allocated to the small claims track and both par
  6. Hello Andyorc, Thank you for the reply and information. I did think there must be some power in the CPR 31.14, or the 7 day time-scale. I know under CPR 16.5.4 they have to prove the money is owed, but there is no need for any proof or backing to their claim at all before an actual court date? And I have no way of compelling them to even prove it's a valid claim?. This is what angers me, they know they should not have bought the case without the documentation, but they did it anyway, and are happy to drag it out for ages, and go right up to the court date, without lifting a finger
  7. Hello, Thank you for the replies CitizenB and BankFodder. I am a bit confused, surely the fact that they have not provided any evidence to support their claim, and have not complied with the CPR 31.14, request should mean something?. It seems they can just ignore the rules and carry on 3 months later?. should I not be asking for the case to be struck out, or ask for the court to force disclosure?. From what I read before, I had the impression after a month or so the case would lapse or they would need to provide a very good reason why they have not responded to my CPR 3
  8. Hello Everyone, Please help, I feel MKDP are breaking all the rules and trying it on!. but I am not sure what to do. Worst of all I am moving house soon, seems they have timed it to arrive at the worst possible time. I have a pre-2007 Barclaycard, which was bought by MKDP some time ago, they have not been able to comply with any CCA requests. I am confident they do not have any of the required documents or paperwork. MKDP Issued a court claim against me back in March, I filed AOS, and defended the claim with help from CAG (old thread below), and I also made a request fo
  9. Thanks Andy, I am just putting the finishing touches on my defence, as far as part one "nor has the claimant ever requested payment for any alleged debt" and "nor has the claimant ever requested payment for any alleged debt" I think I may have had various letters from them and Barclaycard over the years, I do not believe I have had a notice of assignment or a default notice, Should I remove the above parts considering they have possibly sent letters, or do I remove them? Thanks, hereigo
  10. Thanks for reply Andy. Would you mind pointing out more specifically where I have gone astray? !!
  11. Andy, I have taken two of your defences and combined various parts, can you suggest if this would be along the correct lines (and any further changes or parts to add or remove?) Also, they have replied to section 78 requests by just sending terms and conditions, however have not provided a valid agreement, should I still say they have failed to comply?. Also should I add anything more specific, such as it being pre 2007, and CCA section 127)3) is applicable, or the Carey case which states original signed, executed agreement would need to be produced should enforcement be sought
  12. Thanks Andy and Dotty for the replies. I have spent a long time looking through the threads, My case is based primarily the account being pre-2007, and there being no valid agreement. Also the "reconstituted agreement" they sent was just terms/statement, There have been many Section 78 requests made. There are other possible issues, such as the balance not being correct, and possible default notice and termination issues, but I do not have the facts to confirm these issues at this moment in time. How should I proceed? also, should I be requesting an extension,
  13. Thanks for the replies, CitizenB, Thank you, About the time limits, is this not correct? Issued on 14th + 5 days served = 19th, 14 days to acknowledge = 02/04/2014, 14 days to defend = 16/04/2014 ? Can you please confirm this. Also, as I filed AOS on the 28th, do I still get the full 14 days from when it was deemed served? so it won't be 14 days from my AOS, but 14 days from the 2nd of April?. Andy, Thanks, could you please point me to a template that is closer to what I should be doing? or give me a rough idea of what my defence should be?. (or a general idea of what I should be ai
  14. Hello, Thank you for the replies. The claim is from MKDP, for a Barclaycard credit card account. (very similar to dotty50's thread linked below, and my defence will be one I found in one of those threads, copied below) the value is under 2,000. (and actually, the balance is incorrect as it includes charges which were refunded off the balance as they were penalties). The claim was issued on March the 14th, (so deemed served on the 19th) I then filed AOS online on the 28th. so 33 days from the 14th, I actually only have till the 10th?.I will send the 31.14 request and section 78 on Mon
  15. Hello Everyone, MKDP have issued a court claim against me for a Credit card account. I will be defending it, as they have no valid agreement (pre 2007), I have read up on all the relevant threads and have everything ready to send. I am a bit worried I have left it too late and need help, the claim was issued on the 14th of March, I filed my AOS on the 28th of March online, I will be sending them a request under CPR 31.14 for all the relevant information, but I understand I have to give them 7 days to reply?. is this 7 days within my 14 day from AOS time limit, or
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