StayingCalm vs Abbey with no CCA**WON**

[StayingCalm]

Hi Paul

Thanks so very very much. Not been able to study it all fully yet, that will take quite a while, but it looks brilliant:)

 

When the site went down this evening I really started to panic.

 

Two points I have noted so far

 

As the court is Northampton CCBC is 3 b & c applicable.

 

Although I had not mentioned it in my thread I first disputed this agreement with Abbey in Sept 07. Only on finding this site in February 08 did I follow the correct procedures. Not sure if this should be included in para 8.

[pt2537]

Hi Paul

Thanks so very very much. Not been able to study it all fully yet, that will take quite a while, but it looks brilliant:)

 

When the site went down this evening I really started to panic.

 

Two points I have noted so far

 

As the court is Northampton CCBC is 3 b & c applicable.YES most definatley,they should not IMHO have issued using the CCBC as this is a consumer credit claim they should in the interests of fairness supplied a copy of the agreement with the claim form

 

Although I had not mentioned it in my thread I first disputed this agreement with Abbey in Sept 07. Only on finding this site in February 08 did I follow the correct procedures. Not sure if this should be included in para 8.well that something for you to consider adding

 

just one thing , you need to go through the defence and put in where it says Exhibit SC you need to change that to your initials and the exhibits MUST run in order, so Exhibit 1 the 2 then 3 and so on and so on

 

also i would attach a photo copy of each letter you have sent with the defence to show your arguement is correct

[pt2537]

ive just amended point 65, i put the wrong article on the Human Rights Act 1998 so if youve already printed it out you need to check it

[StayingCalm]

Once again many many thanks Paul for a superb defence, still trying to take it all in.

If its OK with you I will post in the morning if there is anything I dont understand or need help with.

Thank you so much for all your time.

[pt2537]

Youre welcome,

 

i hope it helps

 

thats absolutley fine, i will be around in the morning for a while so ask away

[StayingCalm]

Hi Paul

 

You say send copies of all my letters. Do these all have to be mentioned in the defence and labelled as exhibits’?

 

RE NO: 20 Same with their harassment letters to me

 

Also should I include my letters to Restons and their letters

 

45 they have not supplied anything so should I put purported agreement

 

48 what exhibits do I need here

 

55 should both DO and NOT be in caps and underlined, as all Default Notices that I have seen only seem to have the NOT in caps and underlined

 

Should i include reserve right to amend defence if they supply further details

 

Default balance includes penalty charges, should this be mentioned.

Edited May 27, 2008 by StayingCalm
Added No: 20

[pt2537]

Hi Paul

 

You say send copies of all my letters. Do these all have to be mentioned in the defence and labelled as exhibits’?

 

Same with their harassment letters to me

 

Also should I include my letters to Restons and their letters

 

45 they have not supplied anything so should I put purported agreement Ah change that to "declare the agreement unenforceable".

 

 

48 what exhibits do I need here, Attach a copy of the Default notice

 

55 should both DO and NOT be in caps and underlined, as all Default Notices that I have seen only seem to have the NOT in caps and underlined Yes it is a requirement of the regulations that they are presented in the form within the regulations with no variations, the defence shows exactly how it should look

 

Should i include reserve right to amend defence if they supply further details yes

 

Default balance includes penalty charges, should this be mentioned.

 

ive answered as much as i can, ive gotta go out so i will be back in a while

[StayingCalm]

Hi paul

In no:48 the exhibits seem to refer to the regulations

[pt2537]

48. it is submitted that the default notice served under s87 (1) Consumer credit act 1974 failed to comply with the Consumer Credit (Enforcement, Default and Termination Notices) Regulations 1983 (SI 1983/1561) See attached exhibit SC1,2,3 etc

 

 

 

 

 

i have highlighted the salient points

 

it is saying the default they sent you is rubbish as it is non compliant

[StayingCalm]

UPDATE

 

My Defence was posted Spec Delivery on Tuesday and was received and processed on Wed 28th as confirmed by MCOL.

 

Yesterday i received this letter from the Court Manager:

 

I acknowledge receipt of your defence. A copy is being served on the claimant (or the claimant's solicitor). The claimant may contact you direct to attempt to resolve any dispute. If the dispute cannot be resolved informally, the claimant will inform the court that he wishes to proceed. The court will then inform you of what will happen.

 

Where he wishes to proceed, the claimant must contact the court within 28 days after receiving a copy of your defence. After that period has elapsed, the claim will be stayed. The only action the claimant can then take will be to apply to a judge for an order lifting the stay.

Not sure exactly what this means. Nothing about ordering the claimant to supply any documents. Could anyone please explain the implications.

 

Many thanks

sc

[pt2537]

UPDATE

 

My Defence was posted Spec Delivery on Tuesday and was received and processed on Wed 28th as confirmed by MCOL.

 

Yesterday i received this letter from the Court Manager:

 

I acknowledge receipt of your defence. A copy is being served on the claimant (or the claimant's solicitor). The claimant may contact you direct to attempt to resolve any dispute. If the dispute cannot be resolved informally, the claimant will inform the court that he wishes to proceed. The court will then inform you of what will happen.

 

Where he wishes to proceed, the claimant must contact the court within 28 days after receiving a copy of your defence. After that period has elapsed, the claim will be stayed. The only action the claimant can then take will be to apply to a judge for an order lifting the stay.

 

Not sure exactly what this means. Nothing about ordering the claimant to supply any documents. Could anyone please explain the implications.

 

Many thanks

sc

nothing to worry about

 

it is quite normal, what has happened is that the defence has now been sent to the claimant, they will now consider if they wish to proceed or not

 

iti s highly likely that, depending on how switched on their solicitors are, they will decide their ass is gonna get a real whoooopin and discontinue, but nothing is certain at this stage.

 

its a waiting game from here on

 

after 33 days have passed, i would give the court a call, and ask what is happening

[bank_robber]

Just a point (sorry if i drive it off course a little) but I was looking at the document scans. I assumed under law that solicitors could not be a limited company but only a partnership. Looking at the bottom of the letter it says Restons Ltd ?

[StayingCalm]

UPDATE

 

In July I received an Allocation Questionnaire from my local court which I completed and returned.

 

 

I have now received the following:

 

Notice of Case Management Conference

 

This will take place in November and 30 minutes have been allowed. Also a Note saying 'This case may be released to another Judge, possibly at a different Court'

 

Notice of Allocation to the Fast Track

 

DEPUTY DISTRICT JUDGE XXXXX XXXXXXX has considered the statements of case and allocation questionaires filed, and allocated the claim to the fast track.

 

The judge orders that you and the other parties prepare for trial as follows:

 

There be standard disclosure of documents by list between the parties by serving copies together with a disclosure statement by 4 pm on 20th August 2008.

 

A defaulting party will not be permitted to rely on any document of which disclosure has not been given pursuant to this order.

 

Each party shall serve on every other party the statements of all witnesses as to fact upon which he intends to rely at trial. There shall be simultaneous exchange of such statements no later than 4 pm on 12th September 2008.

 

The witness statements shall stand as evidence in chief at trial.

 

Evidence will not be permitted at trial from any witness whose statement has not been disclosed in accordance with this order.

 

No expert evidence being necessary, no party has permission to call or rely on expert evidence.

 

The matter be listed for Case Management Conference before the District Judge on xx November 2008 at xx:xx (time estimare: 30 minutes).

 

Costs be in the case.

 

Any party affected by the terms of this order may apply to have it set aside, varied or stayed within 7 days from service.

 

 

PLEASE COULD I HAVE SOME ADVICE AS I HAVE NEVER DONE THIS BEFORE AND I AM NOT SURE WHAT IS REQUIRED, and list of documents has to be served by 20th August.

 

sc

[StayingCalm]

Having further thoughts on this now. Does the Disclosure List refer to documents for the Case Managment Conference or for the defence as a whole.

If it is for the complete defence this is difficult because the other side still has not produced any documents, agreement etc. and my defence reserves the right to amend if and when they supply any docs.

Should I therefore be asking for this order to be set aside or varied and ask the other side to produce any docs etc.

If so I please could someone advise how I should do this as the 7 days wil be up by the end of the week.

I understand Paul is very busy at the mo, so he might not have time to advise.

 

Many thanks

sc

[StayingCalm]

Hi again

 

Just as a reminder, MBNA stated a long time ago that they did not have an agreement for this account.

 

sc

[StayingCalm]

bump

[StayingCalm]

bumpty bump

 

could anyone help me with this please

[Multay]

subbing

[StayingCalm]

bump

[Multay]

I would try clicking on the red triangle, this will alert the site team who may be able to help.....

[StayingCalm]

Thanks Multay, I will do that.

Have just read your thread, very interesting and some good letters.

[Multay]

It's just starting to get interesting - Still waiting for responses from two places but A&L are starting to play hard ball I think...Preparing my defence as we speak...

 

I'll ask a couple of people if they will have a look at your thread...

[citizenB]

Subscribing.

[pt2537]

right, ok, you need to put together disclosure by list,

 

Hmm, there is a tread that you could use as i am not around at the moment save for this reply

 

http://www.consumeractiongroup.co.uk/forum/dca-legal-successes/124572-hfc-no-agreement-amended-6.html#post1347693

 

Post 103 gives you an idea of what is required

 

Basically its a list of documents that you have in your possession

 

you need to send this to the other side by the 20th

 

I hope this offers some help

 

Regards

 

Paul

[The GodMother]

u could ask the courts to demand they comply with ur cpr request.