no because it wasn't UK mail

the code is commercially sensitive to the Royal mail Only they can decipher it and it would need to go through their legal department, Mr Harrison had tried to get them to assist but they refused, only when they were asked during proceedings did they agree to help ive said more than i should have already

The problem i have is that i am bound by a confidentiality agreement which i cannot disclose the information which came to my possession However, you need the Royal Mail and there ought to be a orange bar code style item on the envelope , this is the key and all i can say on the subject

We had the envelope which the Claimant said the notice arrived in, i made enquiries using the envelope and was able to ascertain the date the notice entered the postal system, the time, the destination, the location from where it came etc and was able to show on balance that the envelope was the correct one and therefore i was able to show that the notice wasnt sent as MBNA said

http://www.bailii.org/ew/cases/EWHC/Mercantile/2011/B3.html Id say, enforcement has been attempted in dependence on a bad notice, Id say given this is a High Court judgment, that this would be a ground of appeal myself, wouldnt it?

Do you have counsel? The reason i ask is you may or may not be aware, but unless the barrister is direct access, then you will not be able to instruct him. He iwll need to be instructed by a solicitor Also, Barristers are very much like doctors, you have a heart surgeon for heart work, a brain surgeon for brain work, etc, Counsel are much the same, some specialise in Criminal law, others do Conveyancing, some do planning law etc so finding the right barrister is extremely important.

hell yes you can appeal CPR 52 deals with appeals http://www.justice.gov.uk/civil/procrules_fin/contents/parts/part52.htm

Its unreported sorry and i havent obtained the judgment transcript

any notice of sums in arrears served? any OFT information sheet? If the noticei s bad you should have referred to para 75 of Harrison vs Link that would have put that to bed

Kitten1 did you read my thread on Next Directory? It tells you what you need to deal with them http://www.consumeractiongroup.co.uk/forum/showthread.php?200443-Tactics-for-dealing-with-Next-Directory-out-of-date-in-light-of-recent-judgements&p=2180544#post2180544 someone has closed it and said it is no longer relevent, however, who ever did, is seriously wrong The law has not changed at all If you never signed a credit agreement with next, and the account was opened before 2007 6th April, then you can raise the arguments that i have set out within Many next customers were given credit accounts without their request, many were given them by simply sending them a catalogue and nearly all the time Next failed to get a signed credit agreement So as a consequence the agreements are irredeemably unenforceable I have a number of orders from these cases, Next Retail Limited T/A Next Directory vs Newton , in the Conwy and Colwyn County Court, to name one Also, Next Retail vs Star, Next vs Hynett, Next vs Duckworth, all cases which were won and which are publicly recorded as wins on the court lists. So, there we go

I think much of the problem with no win no fee, is that people perceive the the solicitors to work for free and without any liability. This is wrong, the Client is always ultimately liable for the bill of costs, hell, in fact id point out that if the solicitor didnt produce a bill for his work, then the opponents would not have to indemnify the Client from the bill and thus the opponents would say hes worked for free so we dont have to pay. No win no fee means exactly that, if we dont win you dont pay, if we do win then technically you do pay

Id say then, they are stuffed, the retainer isnt the best ive seen, its certainly not the law society's own one we use, Lodge a written complaint with the principal solicitor if he doesnt deal with it, then go to the Legal complaints service and complain, you will get compensation if the complaint is upheld

Thats what threw me too, i thought it was a straight strike you had gone for

A solicitor is really no different from any other trades man, he will require payment for his work. Now a CFA or no win no fee agreement is an agreement which protects you from your solicitors costs if the Claims lost. If you win then your solicitor will be entitled to be paid and will be entitled to the successfee too. Seeing as how you have won then your solicitor is entitled to his fees. So, you rely upon the indemnity principle, which means that the opponent ought to pay your reasonable costs, and thus you didnt ought to pay the solicitor as you ought to be indemnified from the bill Id seek a break down of the costs they are seeking firstly Secondly, check the agreement isnt a Contingency fee agreement as that may provide the solicitor an entitlement to 25% of your damages

If it was for disclosure then that is likely what the Court will order, striking out is probably going to be a step too far really.

A witness statement supporting the application often is the difference between win or lose imho. Lawtel has a number of precedents that i use, they give you the detail which your application ought to address The above is from the precedent itself, and should give you an idea on what your application ought to have addressed. If these points have been addressed in the app then you should be ok,

There shouldnt be a problem with you attending, but the court may deny you the right of audience, as it is not your matter so technically unless you are the Defendant, a legal exec, Solicitor, Barrister or someone whom holds a right of audience in accordance with the Courts and Legal Services act 1990 then you could be denied the right to be heard. In respect of your application i hope its supported by a witness statement of your wife setting out why the Court ought to strike out? the bar is very high in strike out cases, so i often include an alternative request for further directions to deal with the matter in the event a strike out is unsuccessful to avoid the costs implications of losing.

hang on a second there What is the purpose of signing for a document? To say its received, you have posted on an internet forum to say you had it, now i know that most lenders follow these forums and therefore i have to point out that you could face contempt if you said you havent received it. You have had the notice The reason for notice of assignment is to tell you of the assignment, they have done this, you know about it, that has effected the assignment

I want to make sure you dont make a grave error here, please do not deny receipt of the notice of assignment if asked, the reason for this is that it would place you in contempt of court which is a serious matter and can lead to a spell behind bars at her majestys pleasure The fact you have received the notice means its effective, the underlying reason for such documents are to give notice of the transfer of title, by confirming you have it, you have received notice of the assignment and that is that really.

That really would come down to two things 1) the judge 2) your submissions against and the case law you find as a result of your research

If the case was struck out, then they may, i stresss may be able to resurrect the case, for example they may apply for relief from sanctions under CPR 3.9 I accept it is a long shot, but get the wrong judge on the wrong day who considers it is equitable to allow them to proceed with this and its all happening again Id play this very very tactical and the slightest sniff of trying to apply id be filing a witness statement in opposition

The case Shadow refers to is Harrison vs Link Financial Limited

it depends on the costs incurred by the Claimant in respect of defending this claim £7k to £15k is possible costs you could face depending on the amount of work the Claimant has to do.It turns on what they have to do in respect of the case really, so i do not know Regards PT

you will see the document that they are going to rely upon, that is all, as for legibility that is something that you will need to consider after you inspect

a point to note though They can only allow you to inspect the documents in their possession under the rules, so dont go there with this expectation that you will be looking at the holy grail (your original piece of paper with your sig on) as they can only let you see the original document that they have in their possesiong