Help

[creditcardmug]

So what happened to Aloysius then ?

 

Thats what i was thinking

[pompeyfaith]

Hiya Guys,

 

I got this letter this morning from optima legal delaying tactics you think ? as its now past 14 days the letter was also not signed

 

Do you think i need to send a response to that letter?

 

Regards

 

Pompeyfaith

 

http://i321.photobucket.com/albums/nn363/pompeyfaith/OptimaLetterreCPR18.jpg

Edited November 30, 2008 by pompeyfaith

[creditcardmug]

Don't do anything just wait now for the AQ or not as the case may be

[citizenB]

Hiya Guys,

 

I got this letter this morning from optima legal delaying tactics you think ? as its now past 14 days the letter was also not signed

 

Do you think i need to send a response to that letter?

 

Regards

 

Leon

 

http://i321.photobucket.com/albums/nn363/pompeyfaith/OptimaLetterreCPR18.jpg

 

 

Definitely delaying tactics .

[pompeyfaith]

Fantastic citizenb just what i thought something else for my defence.

 

Onwards and Upwards

 

Regards

 

Pompeyfaith

Edited November 30, 2008 by pompeyfaith

[citizenB]

Just one thing I noticed Leon, is that you wont be able to produce that letter in court as they have marked it WITHOUT PREJUDICE. So they know exactly what they are doing

[pompeyfaith]

A legal phrase that allows parties to discuss and negotiate a settlement to a legal claim, without admitting liability. Any documents headed "without prejudice" cannot be used in evidence in any subsequent court case without the permission of both parties.

 

 

So cannot produce it but can i quote from it to show there unwillingness to produce documents on time.

 

Regards

 

Pompeyfaith

Edited November 30, 2008 by pompeyfaith

[creditcardmug]

I dont know what your worried about here, the fact that they have not complied with your CPR request is in your favour, it probably means they have nothing!

[pompeyfaith]

Yup and thinking back the portsmouth f c MBNA card was applied for via a leaflet in a pompey programme so im hoping it cant be enforced.

 

Regards

 

Pompeyfaith

Edited November 30, 2008 by pompeyfaith

[pompeyfaith]

well jusy an update still nothin recieved but just want to check my dates N1 was dated 11 july cpr 18 was sent on the 17th july they recieved it on the 18th july so there 14 days ran out on the 1st august.

 

33days from the 11th july is the 14th august ??

 

are these dates correct ?

 

 

Regards

 

Pompeyfaith

Edited November 30, 2008 by pompeyfaith

[citizenB]

well jusy an update still nothin recieved but just want to check my dates N1 was dated 11 july cpr 18 was sent on the 17th july they recieved it on the 18th july so there 14 days ran out on the 1st august.

 

33days from the 11th july is the 14th august ??

 

are these dates correct ?

 

 

Regards

 

Leon

 

I make it 13th August..

[pompeyfaith]

Thank you CitizenB August 13th i will go by what is the next stage if i do not get any Docs Re:CPR18 by then although they have already missed the 14 days by a long shot Do i go for a strike out ? as i have no documents to plead.

 

Regards

 

Pompeyfaith

Edited November 30, 2008 by pompeyfaith

[citizenB]

To be honest leon, I am not sure. I think you can write to the court and say that they havent produced any documents for you to see. I am not sure whether you can sneak in the fact that they are corresponding with you but using a Without Prejudice heading which is going to make it very difficult for you to put in a proper defence.

 

I think you need someone with some legal knowledge on this one now.

[AndyOrch]

Pompey/CB

 

As a defence already been submitted ? I understand there was a mix up with submission and Pompey contacted the Court:confused:

 

Regards

Andy

[pompeyfaith]

Hiya Andy yes i submitted the defence but forgot to include the part 20 i phoned northampton to explain my mistake but said there was nothing they could do, So now i am disputing the whole claim as for the PPI ill have to decide what i can do about that at a later date as ive only recieved a letter from OPTIMA LEGAL stating that they have passed the letter onto MBNA for them to supply all the info asked for which im still waiting for and time runs out on the 13th august which does not leave me much time to go though it all.

 

Im not really holding out much for the docs to arrive to be honest.

 

Also was the defence i put in a holding defence if so can it be expanded ?

 

Am i right in saying if they do not come up with the goods i will not need a defence as the judge will just throw it out ?

 

Really need some help here Thanks

 

Regards

 

Pompeyfaith

Edited November 30, 2008 by pompeyfaith

[AndyOrch]

Hiya Andy yes i submitted the defence but forgot to include the part 20 i phoned northampton to explain my mistake but said there was nothing they could do, So now i am disputing the whole claim as for the PPI ill have to decide what i can do about that at a later date as ive only recieved a letter from OPTIMA LEGAL stating that they have passed the letter onto MBNA for them to supply all the info asked for which im still waiting for and time runs out on the 13th august which does not leave me much time to go though it all.

 

Im not really holding out much for the docs to arrive to be honest.Neither would I

 

Also was the defence i put in a holding defence if so can it be expanded ?Not sure what did you submit was it Aloysiush short defence?

 

Am i right in saying if they do not come up with the goods i will not need a defence as the judge will just throw it out ? But you just said you have submitted one and no it wont untill you submit a N244 (AN)

 

Really need some help here Thanks

 

Regards

 

Leon

 

I will re read your thread tomorrow and see where you are up to

 

 

Regards

Andy;)

Edited August 7, 2008 by Andyorch

[pompeyfaith]

Thanks andy your a gent

[AndyOrch]

Here is the defence:

Defence

 

1. The particulars of claim are vague and do not provide sufficient detail to enable the defendant to plead effectivley or at all. By way of example the claimant has failed to confirm the date of agreement upon which the cause of action is based.

 

2. Prior to the issue of the action the claimant was requested to disclose documents relating to the alleged debt and/or agreement. The claimant failed and/or refused so to do.

 

3. The documents described above were the subject of a request pursuant to the Data Protection Act 1998 and/or the Consumer Credit Act 1974.

 

4. In all the circumstances the defendant denies being indebted to the claimant as alleged or at all.

 

Part 20 Claim

 

5. The defendant/Part 20 claimant intends to claim sums paid to the claimant /Part 20 defendant in relation to a Payment Protection Insurance policy, sold by the claimant/Part 20 defendant to the defendant/Part 20 claimantwithout qualification or appropriate advice as required by the Financial Services Authority et al. The claimant/Part 20 defendant acted as agent/broker on behalf of the insurance company issuing the policy to the detriment of the defendant/Part 20 claimant.

 

6.The defendant/Part 20 claimant refers to paragraphs 2 and 3 above, As a consequence of the claimants/Part 20 defendants failure and/or refusal to provide documents, the defendant/Part 20 claimant is unable to plead the Part 20 claim with particularity.

 

And the defendant/Part 20 claimant claims:-

 

i) An order requiring the claimant/Part 20 defendant to disclose statements of account covering the entire period of the alleged agreement and a copy of the alleged agreement.

 

ii) Damages limited to £5,000.00

 

iii) Interest pursuant to Section 64 of the County Courts act 1984 at the rate of 8% per annum until judgment or further order or such other sum as the court thinks fit.

 

Dated this day of 2008

 

 

Statement of Truth

I confirm the contents of this defence/Part 20 claim are true.

 

.....................................................

defendant/part 20 claimant

 

To the court

And to the claimant/part 20 defendant

 

Only use the red piece if you made a CCA request.

 

Hope this helps. It is good enough to get you to disclosure.

 

Hi Pompey

 

Im just bumping up the defence you submitted so I dont have to wade through your thread:cool:

 

Regards

Andy:)

Edited August 7, 2008 by Andyorch
typo

[AndyOrch]

Ok Pompey

 

Is this what you have submitted via MCOL ?

 

Originally Posted by aloysiush

Here is the defence:

Defence

 

1. The particulars of claim are vague and do not provide sufficient detail to enable the defendant to plead effectivley or at all. By way of example the claimant has failed to confirm the date of agreement upon which the cause of action is based.

 

2. Prior to the issue of the action the claimant was requested to disclose documents relating to the alleged debt and/or agreement. The claimant failed and/or refused so to do.

 

3. The documents described above were the subject of a request pursuant to the Data Protection Act 1998 and/or the Consumer Credit Act 1974.

 

4. In all the circumstances the defendant denies being indebted to the claimant as alleged or at all.

 

Regards

Andy

[AndyOrch]

You will need to re access the MCOL screen and check the status of your case.You should still be able to proceed to the counter claim section to submit your part 20 unless they have locked the screen.Alternativly you still have the hard copy papers you could submit your counterclaim via this method.

 

Regards

Andy;)

[pompeyfaith]

Yes Andy just the defence submitted i missed the part 20 bit I will try MCOL now and report back in a short while

 

Regards

 

Pompeyfaith

Edited November 30, 2008 by pompeyfaith

[pompeyfaith]

OK no cannot get in all it will allow me to do is view,print or save so should i submit it to the court via post ?

 

Regards

 

Pompeyfaith

Edited November 30, 2008 by pompeyfaith

[AndyOrch]

Hi Pompey

 

Yes just send hardcopy from your claim pack completing box 1&2 and also enclose a copy of your defence.I would send this spec/Delivery and also enclose a covering note explaining the mix up with your input vis a vis MCOL Date everything and retain proof of postage.

 

Regards

Andy;)

[pompeyfaith]

Ok Thanks Andy doing it now, Just one question it mentions a fee do i pay that now ? Just I'm not working and on incapacity benefit. Ill get it sent S/D tomorrow as time is up Wednesday

 

Regards

 

Pompeyfaith

Edited November 30, 2008 by pompeyfaith

[AndyOrch]

Hi Pompey

 

You may have to pay the fee which is £25/£55 dependent on the counterclaim amount, this you will claim back in your costs.You dont need to enclose payment now however check with the court and they will advise if you are excempt.

 

Regards

 

Andy;)

 

 

Best of luck with your case