StayingCalm vs Abbey with no CCA**WON**

[citizenB]

Subscribing.

[citizenB]

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

 

Staying calm, I have brought post 38 forward so peeps dont have to scroll back.

[citizenB]

Staying calm, here is an example and explanation of a Witness Statement posted by Surfaceagentx20. That might help you. I am not sure about the simultaneous exchange of documents. I understand what it means but not how you would go about doing so.

 

http://www.consumeractiongroup.co.uk/forum/legal-issues/157926-multi-track-help-statement.html?highlight=Witness+Statement#post1688609

[citizenB]

Together with;- Interest pursuant to s69 County Courts Act 19 at the rate of 260.72 pence per day to the date of Judgment or sooner payment.

 

I understood they werent allowed to claim for this. I am sure I have seen a post by pt2537 that says not. I will go and have a look.

 

I knew I had seen it somewhere.

 

 

PT has mentioned this on quite a few threads. They are NOT allowed to add s69 interest to a claim based on a regulated agreement.

 

The County Courts (Interest on Judgment Debts) Order 1991 (No. 1184 (L. 12)) - Statute Law Database

 

Section 2 (3)

Edited September 11, 2008 by citizenB

[citizenB]

 

Getting nervous now wondering if Restons will Discontinue!!

 

sc

 

Lets hope so

[citizenB]

**blush** thank you for the click:)

[citizenB]

Restons did not discontinue

 

we have exchanged

 

must go out now will post details later

 

Oh.............. bother !

[citizenB]

Me either. I am sure that x20 will be able to pull that apart. Especially the bit about not requiring to provide in court a copy of an agreement that bears YOUR signature

 

Did they also forget the Money laundering and Tax laws that say you must keep a statutory document (of which a contract/agreement is) for 5/6 years after an account is ended. ?

[citizenB]

I have now received the following reply from Restons.

 

 

 

WITHOUT PREJUDICE SAVE AS TO COSTS

 

 

 

 

 

They seem to forget they do not have a signed agreement for Court !!!

 

sc

 

StayingCalm.. I rather think they are trying to play down the fact that they will need to provide a signed copy for the court. It is interesting to see they have covered their BTMs with the Without Prejudice insertion.

[citizenB]

 

 

 

 

 

WITNESS STATEMENT

 

 

I xxxxx xxxxx of MBNA Bank Ltd of address

Will say as follows

 

 

 

6. Proceedings were issued by the claimant’s solicitors in April 2008 claiming a balance of £11895.23. Attached to this statement and marked xx2 are statements of account from December 2004 to March 2008 which demonstrates how the outstanding balance of £11895.23 has been calculated.

 

I believe that the facts…………………………..

 

 

 

Doesn't seem a very strong case to me !!!!!

 

sc

 

 

It is probably to late now, but I see in the above paragraph from MBNA's witness statement that they say... "Attached to this statement and marked xx2 are statements of account from December 2004 to March 2008 which demonstrates how the outstanding balance of £11895.23 has been calculated".

 

It is my understanding this account was orginally set up in 1998, so how exactly can they show without the statement of account from 1998, the balance as at March 2008 has been caclucated ?

 

MBNA have failed to provide me with statements prior to 2002, I was under the impression that all statutory documents and supporting documents were, in line with Tax office and Money Laundering regulations , to be kept for 6 years AFTER the account had terminated. ICO said they only had to keep statements for as long as is reasonable without actually defining "reasonable". The Tax office said they only have to be kept for a period of 6 years. I asked the Tax office in the event I was taken to court, how MBNA would prove the "brought forward" figure on the first statement they had provided ie October 2002 thereby proving the whole balance at a later date in 2008. Tax office rep said that would likely cause MBNA a headache and would be entirely their problem if I were to challenge it.

[citizenB]

Hi SC, did you send the letter in post 220 (linked below), If so, did you amend the date by which you wanted discontinuance served

 

"In the circumstances you are required to file and serve Notice of Discontinuance of the proceedings not later than midday Friday 12 September 2008."

 

 

http://www.consumeractiongroup.co.uk/forum/legal-issues/145452-stayingcalm-abbey-no-cca-11.html#post1787553

[citizenB]

Best of luck for today, SC

[citizenB]

FANTASTIC RESULT:D

 

Great work as well by x20, outstanding;)

 

Absolutely

[citizenB]

Hi SC, would you let me use your thread here to ask for help with my case? Just got my court papers yesterday. Similar case to yours, MBNA,Restons, etc. so would be handy for people who could help me to refer to your case. Thanks

 

tiokim, if you start your own thread and put a link on this one then people will be able to help you.

[citizenB]

I am having similar problems with Restons. I am about to start my own thread in the forum and I am considering how much information would be safe to post here. I know we have to exclude any details of our particulars, but I think that Restons would be able to trace a Particular letter or information to my case. Could that have a potential for a legal problem with this lot? Telling by previous threads it looks like this firm does not play the game by the rules.

 

if you ensure all personal information is removed and you are vague about amounts then you should be ok. If you also remove any barcodes and staff names who sign the letters