Eversheds County Court Paperwork / **SUCCESS**

[goonerhenry]

after reading through your post cars im very much so confused on the process i need to go through to get a summary judgement, does someone have a link to a thread that makes it a little more stright forward

[goonerhenry]

bump

[goonerhenry]

bump

[car2403]

You need to apply to the Court for Summary Judgment, using Form N244 (Application Notice)

 

There is a sample Summary Judgment application at this post;

http://www.consumeractiongroup.co.uk/forum/data-protection-default-issues/110146-car2403-hfc-bank-default-9.html#post1361381

 

What is it that you're unclear on?

[goonerhenry]

cheers cars thats what i needed, i was struggling with the process of how to apply for the summary judgement, but that form looks pretty stright forward, it does mention including a wittness statement, should i attach something simialr to what i posted earlier, basicly ripping aprt their claim due to incorrectly serverd DN, if yes is there anything else anyone can see that will add weight to this??

[car2403]

cheers cars thats what i needed, i was struggling with the process of how to apply for the summary judgement, but that form looks pretty stright forward, it does mention including a wittness statement, should i attach something simialr to what i posted earlier, basicly ripping aprt their claim due to incorrectly serverd DN, if yes is there anything else anyone can see that will add weight to this??

 

Yes, a WS is in that link too, you just need to remove the irrelevant bits

[goonerhenry]

thanks for that mate, also would i have to pay a fee to the courts for this?

[car2403]

Yup, £40 without a hearing, £75 with one, unless you qualify for remission

[goonerhenry]

who decides if i have a hearing or not? and im guessing the fee is paid after?

[car2403]

You decide if you want one. If you don't you pay the lower fee. A Judge may decide to have a hearing on receipt of the Application, though.

 

The fee has to be paid when the Application is submitted.

[goonerhenry]

ah right, so i could just ask them to look at the evidence and make a decision, which means i dont have to go to court, on the evidence i have which would you suggest, is there enough there to make a decision that is likely to go in my favour or do i need to attend to prove my point, plus if i did lose would it be possible to make a appeal and attend then?

[car2403]

I don't think it can be dealt with without a hearing, but then I don't think you need to pay for one, rather offer the Application and let a Judge make that call. (Saving yourself 35 notes along the way)

 

Either way, you'll have to go to Court, explain your reasoning in person and see what the other side come up with in reply.

 

Really, we're asking for disclosure of documents showing enforceability of the agreement, which will happen naturally under normal procedures. It's your call, but applying for SJ will slow things down, as any hearing set to here the SJ application could have been the final determination hearing in the usual/normal procedure if you hadn't have applied for SJ.

 

In short, only you can decide if you apply for SJ, or let the claim ride knowing that they can't comply with Courts directions at a later date.

 

(Also worth noting that Restons applied for SJ against me, which is why I replied by applying for SJ against them - if they hadn't have asked for SJ, I wouldn't have bothered either as they would have had to have failed at a later stage regardless of all that posturing taking place)

 

I would say, HTH, but I may have just confused you even more...

 

[goonerhenry]

yep im confused more than ever, so what your sayi ng is i dont really need to apply for a summary judgement as touch wood they will fail further down the line, is that right?? if it is i still need to get a wittness statement off, can you have a look at the one i posted earlier and see if anything needs adding or removing

[goonerhenry]

just bringing the WS forward, if someone could have a look through and see if anything needs adding or removing:

 

1. I, of XX Xxxxx Xxxx, Xxxxxxxx, Xxxxxxxx, XXX XXX, being the Defendant, am a litigant in person in this case.

2. I make this Witness Statement in support of my defence against the Claimants claim against me.

3. I make this Witness Statement from information and facts within my own knowledge and which I believe to be true.

4. In this statement I will refer to facts relating to the claimant regarding their failure to follow recognised procedures, practices and protocols during their prosecution of this case, their failure to respond to my lawful requests.

5. I have yet to view the original credit agreement or any other original documents that the claimant seeks to rely upon, I am aware that the civil procedure rules makes provision for the original documentation to be made available under practice direction 32. It is clear to me that since it is disputed that the documents which the Claimant seeks to rely upon as the alleged "Credit Agreement" the only way to establish truly if they are indeed part of the same document is to produce the original document before the court. In addition, I am aware that there are many regulations and statutory acts which place a duty upon the Claimant to retain original documentation inter alia- the Money Laundering Regulations, the Companies Act 1985 sections 221 and 222 etc. so it stands to reason that they should be able to bring before the court a copy of the original document

6. It is accepted that I had use of a credit card supplied by MBNA, but late in, due to changes in my financial circumstances, I was unable to make the minimum payments requested on the monthly statements received by me from MBNA. This led to MBNA Limited making a series of telephone calls to me enquiring as to why the payments had not been made.

7. During these telephone calls I had explained to MBNA about the change in my financial circumstances and that I was unable to make the payments which they were requesting. I tried to negotiate with them to get them to accept reduced payments and asked them to accept token monthly payment amounts, which was refused.

8. During I received a Default Notice from Arrow Global served under s87 (1) Consumer Credit Act 1974 (listed as ‘Item 1’ on my Disclosure List). However, the Claimant failed to set out the Default Notice in accordance with the Consumer Credit (Enforcement, Default and Termination Notices) Regulations 1983 (SI 1983/1561), which consequently failed to comply with the requirements because of at least a deficiency. Specifically, it failed to be accurate due to;

8.1. It failed to give the required period to remedy the default, i.e. it was issued on 1st February 2007, therefore the date of service was 2nd February 2007, and the date given by which to remedy the breach was clearly given as 14th February 2007. This amounts to thirteen days and not the required fourteen days as stipulated by the Consumer Credit (Enforcement, Default and Termination Notices) Regulations 1983 (SI 1983/1561).

To ascertain the date of service of documents by post; J R Bickford Smith, Senior Master of the

Queen's Bench Division, set out clear directions in The Council Tax Manual - Section 3 - Appendix 3.6 - Service of documents by post which states:

To avoid uncertainty as to the date of service it will be taken (subject to proof to the contrary) that delivery in the ordinary course of post was effected:-

(a) in the case of first class mail, on the second working day after posting;

(b) in the case of second class mail, on the fourth working day after posting.

"Working days" are Monday to Friday, excluding any bank holiday.

The Consumer Credit Act 1974 s87 & 88 together with Regulation 2 of Consumer Credit (Enforcement, Default and Termination Notices) Regulations 1983 (SI 1983/1561) are explicit that a Default Notice must be served upon a debtor prior to terminating or demanding repayment of monies.

At schedule 2, Para 3 of the Regulations, it states the following:

Details of breach of agreement and action required to remedy, or pay compensation for, the breach…(a) the provision of the agreement alleged to have been breached; and

(b) the nature of the alleged breach of the agreement, specifying clearly the matters complained of; and either

© if the breach is capable of remedy, what action is required to remedy it and the date, being a date [not less than fourteen days] after the date of service of the notice, before which that action is to be taken; or

(d) if the breach is not capable of remedy, the sum (if any) required to be paid as compensation for the breach and the date, being a date [not less than fourteen days] after the date of service of the notice, before which it is to be paid.

The Default notice does not comply with the requirements of CCA 1974 (as amended by CCA 2006) S88(2) where the statute is quite clear and specific about a point, and I quote,

"A date specified under subsection (1) must not be less than 14 days after the date of service of the default notice, and the creditor or owner shall not take such action as is mentioned under section 87(1) before the date specified or (if no requirement is made under subsection (1) ) before those 14 days have elapsed."

The amount stated on the Default Notice to be outstanding included sums, which had been added for the purported breaches of contract by my alleged failure to pay the required payments under the terms of the contract. These sums cannot be considered a genuine pre estimate of the claimants losses and therefore it is my belief that they are in fact penalties for breach of contract and as such are unlawful at common law.

These charges can be shown by reference to the monthly account statements obtained by myself from MBNA, dated; 13th January 2007; 10th February 2007; 13th May 2007; 26th June 2007; 26th October 2007; 10th December 2007; 13th January 2008; 11th February 2008; all of which show such charges being added.

Failure of a Default Notice or a Termination Notice to be accurate not only invalidates such Notice, and the courts attention is drawn to the judgment of Kennedy LJ in the case of Woodchester Lease Management Services Ltd v Swain & Co - [1998] All ER (D) 339 in the Court of Appeal, in this judgment Kennedy LJ states inter alia :

This statute was plainly enacted to protect consumers, most of whom are likely to be individuals. When contracting with a large financial organisation they are at a disadvantage. The contract is likely to be in standard form and relatively complex with a number of detailed provisions. If the hirer is said to have broken its terms, the hirer needs to know precisely what he or she is said to have done wrong and what he or she needs to do to put matters right. The lender has the ability and the resources to give that information with precision. If he does not do so accurately then he cannot take what Mr Gruffydd conveniently referred to as 'the next step'.

Therefore, it would be the respondents’ position that the applicant/claimant would be barred from succeeding in this claim due to the fact that the default notice consequently failed to comply with the requirements because of the two deficiencies shown above.

 

9. I was then contacted by Eversheds who said they were acting on behalf of Arrow Global, I again explained about the change in my financial circumstances and that I was unable to make the payments which they were requesting. I tried to negotiate with them to get them to accept reduced payments and asked them to accept token monthly payment amounts, which was accepted. At no point is it agreed that a notice of service had been correctly served or received.

10. The amount which I could realistically afford to pay per month was calculated by subtracting my basic living expenditure from my income and dividing the remainder between all my creditors on a pro-rata basis, and I then started to make the payments monthly. I also submitted an Income and Expenditure form.

11. I continued making regular reduced monthly payments to Eversheds as previously agreed, but towards the end of August 2007 I received various phones calls from the Eversheds. They said they were instructed to review the amount that I had been paying, after stating that there had been no change in my financial situation, I was then instructed to borrow money from my family to either pay the debt of in full or to help increase my monthly payments, otherwise a county court claim would be issued against me.

12. On the the Claimant issued a County Court claim against me. This was despite the fact that I had not missed any of the agreed monthly payments, and that the account had been unlawfully terminated due to the Default Notice issued on not complying with the Consumer Credit (Enforcement, Default and Termination Notices) Regulations 1983 (SI 1983/1561).

13. Furthermore, as no Letter Before Action was served or received, the Claimant acted in contravention of the Civil Procedure Rules, Part 1 the Overriding Objective, and Practice Direction the Pre Action Protocols paragraph 4.3

14. I tried to obtain legal advice on how I should proceed with my response to the Claimants claim, but as I had no available funds to pay for a solicitor, the only other option of which I was aware was the Citizens Advice Bureau. However due to my local Citizens Advice Bureau being under great pressure at the time due to the number of people they are trying to help, and the fact that appointments are only available on two days each week, I could not get an early appointment.

15. I acknowledged the Claim before the 14 day deadline and stated that I wished to defend the claim. I was then in a quandary as to how to defend the claim. Just 1 day before I was due to enter a defence I was told where I could possibly obtain some legal advice and some help.

16. On I was advised as to how I might proceed with my defence and did so as soon as I was aware of what options were available to me.

17. At the point where my defence was required I was not in possession of documents from the Claimant, which were vital to my ability to defend this action and placed me at a distinct disadvantage. The Claimant failed to include the written agreement, which formed the basis of this claim in accordance with part 16 and Practice Direction 16 of the Civil Procedure Rules.

18. Because the Claimants Particulars of Claim were vague and insufficiently particularised and therefore did not provide me with the information which I needed to prepare a fully particularised defence, I was only able to enter a very vague defence, but stating that I had requested documents from the Claimant, and reserving the right amend my defence at a later date if the Claimant produced the aforementioned documents.

19. On I therefore sent to the Claimant by Royal Mail Recorded Delivery a formal request under the civil procedure Rules (listed as ‘Item 2’ in my Disclosure List) for further information and copies of documents which they intended to rely on in Court.

20. To date I have had no reply from the Claimant to this request, they have not even had the courtesy to acknowledge receipt.

21. The Consumer Credit Act 1974 s78(1) and its associated Regulations state that, inter alia;

78 Duty to give information to debtor under running-account credit agreement

 

(1) The creditor under a regulated agreement for running-account credit, within the prescribed period after receiving a request in writing to that effect from the debtor and payment of a fee of £1, shall give the debtor a copy of the executed agreement (if any) and of any other document referred to in it, together with a statement signed by or on behalf of the creditor showing, according to the information to which it is practicable for him to refer,—

22. The Consumer Credit Act 1974 s78(6) then specifies that the consequences of failure to comply with such a request are that the creditor is not entitled to;

78

(6) If the creditor under an agreement fails to comply with subsection (1)—

(a) he is not entitled, while the default continues, to enforce the agreement; and

(b) If the default continues for one month he commits an offence.

23. Shortly after the I received from the Court the Allocation Questionnaire which had to be completed and returned to the Court by.

24. On I received a disclosure list from Eversheds which was accompanied by certain copy documents. These copy documents consisted of the items which I had requested in my request for further information under the Civil Procedure Rules.

25. However Eversheds stated in their covering letter that the enclosed documents were those upon which they intended to rely in court, so I will therefore object if any other documents are produced which they have not already disclosed to me, and which they attempt to rely on in court, a further request was made for legible copies of the documents as the ones provided were poor quality photocopies.

26. I deny that a properly executed agreement, or indeed any agreement as claimed, ever existed.

27. I was somewhat bemused by the contents of the disclosure list as Eversheds wanted me to provide copies of two documents, inter alia, (‘Items 1 and 2’ on my Disclosure List) document 1 being the default notice which had been sent to me by their client (the Claimant) and which they should surely have had in their possession, or indeed could have obtained from their client and which they had also stated in their letter of that date that they intended to rely on in Court, and indeed had included it on their own Disclosure List.

28. I courteously replied to Eversheds and provided them with copy documents they had requested. This was sent to them by Royal Mail Recorded Delivery on, and I have retained proof of posting.

29. Statement of Truth:

[GamekeeperToPoacher]

Hi GH,

 

I hope you don't mind I have gone through and made various amendments. Thay are intended to assist and I hope that you agree with them

 

GK

 

just bringing the WS forward, if someone could have a look through and see if anything needs adding or removing:

 

1. I, of XX Xxxxx Xxxx, Xxxxxxxx, Xxxxxxxx, XXX XXX, being the Defendant, am a litigant in person in this case.

2. I make this Witness Statement in support of my defence against the Claimants claim against me.

3. I make this Witness Statement from information and facts within my own knowledge and which I believe to be true.

4. In this statement I will refer to facts relating to the claimant regarding their failure to follow recognised procedures, practices and protocols during their prosecution of this case, their failure to respond to my lawful requests.

5. I have yet to view the original credit agreement or any other original documents that the claimant seeks to rely upon, I am aware that the civil procedure rules makes provision for the original documentation to be made available under practice direction 32. It is clear to me that since it is disputed that the documents which the Claimant seeks to rely upon as the alleged "Credit Agreement" the only way to establish truly if they are indeed part of the same document is to produce the original document before the court. In addition, I am aware that there are many regulations and statutory acts which place a duty upon the Claimant to retain original documentation inter alia- the Money Laundering Regulations YEAR?, the Companies Act 1985 sections 221 and 222 etc. so it stands to reason that they should be able to bring before the court a copy of the original document

6. It is accepted that I had use of a credit card supplied by MBNA, but late in?, due to changes in my financial circumstances, I was unable to make the minimum payments requested on the monthly statements received by me from MBNA. This led to MBNA Limited making a series of telephone calls to me enquiring as to why the payments had not been made.

7. During these telephone calls I had explained to MBNA about the change in my financial circumstances and that I was unable to make the payments which they were requesting. I tried to negotiate with them to get them to accept reduced payments and asked them to accept token monthly payment amounts, which was refused.

8. During I received a Default Notice from Arrow Global served under s87 (1) Consumer Credit Act 1974 (listed as ‘Item 1’ on my Disclosure List). However, the Claimant failed to set out the Default Notice in accordance with the Consumer Credit (Enforcement, Default and Termination Notices) Regulations 1983 (SI 1983/1561), which consequently failed to comply with the requirements because of at least a one? deficiency. Specifically, it failed to be accurate due to;

8.1. It failed to give the required period to remedy the default, i.e. it was issued on 1st February 2007, therefore the date of service was 2nd February 2007, Should this not be 3rd? and the date given by which to remedy the breach was clearly given as 14th February 2007. This amounts to thirteen 12? days and not the required fourteen days as stipulated by the Consumer Credit (Enforcement, Default and Termination Notices) Regulations 1983 (SI 1983/1561).

To ascertain the date of service of documents by post; J R Bickford Smith, Senior Master of the

Queen's Bench Division, set out clear directions in The Council Tax Manual - Section 3 - Appendix 3.6 - Service of documents by post which states:

To avoid uncertainty as to the date of service it will be taken (subject to proof to the contrary) that delivery in the ordinary course of post was effected:-

(a) in the case of first class mail, on the second working day after posting;

(b) in the case of second class mail, on the fourth working day after posting.

"Working days" are Monday to Friday, excluding any bank holiday.

The Consumer Credit Act 1974 s87 & 88 together with Regulation 2 of Consumer Credit (Enforcement, Default and Termination Notices) Regulations 1983 (SI 1983/1561) are explicit that a Default Notice must be served upon a debtor prior to terminating or demanding repayment of monies.

At schedule 2, Para 3 of the Regulations, it states the following:

Details of breach of agreement and action required to remedy, or pay compensation for, the breach…(a) the provision of the agreement alleged to have been breached; and

(b) the nature of the alleged breach of the agreement, specifying clearly the matters complained of; and either

© if the breach is capable of remedy, what action is required to remedy it and the date, being a date [not less than fourteen days] after the date of service of the notice, before which that action is to be taken; or

(d) if the breach is not capable of remedy, the sum (if any) required to be paid as compensation for the breach and the date, being a date [not less than fourteen days] after the date of service of the notice, before which it is to be paid.

The Default notice does not comply with the requirements of CCA 1974 (as amended by CCA 2006) S88(2) where the statute is quite clear and specific about a point, and I quote,

"A date specified under subsection (1) must not be less than 14 days after the date of service of the default notice, and the creditor or owner shall not take such action as is mentioned under section 87(1) before the date specified or (if no requirement is made under subsection (1) ) before those 14 days have elapsed."

The amount stated on the Default Notice to be outstanding included sums removed comma which had been added for the purported breaches of contract by my alleged failure to pay the required payments under the terms of the contract. These sums cannot be considered a genuine pre estimate of the claimants losses and therefore it is my belief that they are in fact penalties for breach of contract and as such are unlawful at common law.

These charges can be shown by reference to the monthly account statements obtained by myself from MBNA, dated; colon here 13th January 2007; commas here 10th February 2007;commas here 13th May 2007;commas here 26th June 2007;commas here 26th October 2007;commas here 10th December 2007;commas here 13th January 2008;and here 11th February 2008; semi colon not needed all of which show such charges being added.

Failure of a Default Notice or a Termination Notice to be accurate (not only not needed) invalidates such Notice, and the courts attention is drawn to the judgement of Kennedy LJ in the case of Woodchester Lease Management Services Ltd v Swain & Co - [1998] All ER (D) 339 in the Court of Appeal, in this judgement Kennedy LJ states inter alia :

This statute was plainly enacted to protect consumers, most of whom are likely to be individuals. When contracting with a large financial organisation they are at a disadvantage. The contract is likely to be in standard form and relatively complex with a number of detailed provisions. If the hirer is said to have broken its terms, the hirer needs to know precisely what he or she is said to have done wrong and what he or she needs to do to put matters right. The lender has the ability and the resources to give that information with precision. If he does not do so accurately then he cannot take what Mr Gruffydd conveniently referred to as 'the next step'.

Therefore, it would be the respondents’ position that the applicant/claimant would be barred from succeeding in this claim due to the fact that the default notice consequently failed to comply with the requirements because of the two deficiencies shown above.

 

9. I was then contacted by Eversheds a company of solicitors who said they were acting on behalf of Arrow Global, I again explained about the change in my financial circumstances and that I was unable to make the payments which they were requesting. I tried (surely here you succeeded) to negotiate with them to get them to accept reduced payments and asked them to accept token monthly payment amounts, which was accepted. At no point is it agreed that a notice of service had been correctly served or received.

10. The amount which I could realistically afford to pay per month was calculated by subtracting my basic living expenditure from my income and dividing the remainder between all my creditors on a pro-rata basis, and I then started to make the payments monthly. I also submitted an Income and Expenditure form.

11. I continued making regular reduced monthly payments to Eversheds as previously agreed, but towards the end of August 2007 I received various phones calls from (the) Eversheds. They said they were instructed to review the amount that I had been paying, after stating that there had been no change in my financial situation, I was then instructed to borrow money from my family to either pay the debt of in full or to help increase my monthly payments Surely this is contrary to debt collection guidelines?), otherwise a county court claim would be issued against me.

12. On the the Claimant issued a County Court claim against me. This was despite the fact that I had not missed any of the agreed monthly payments, and that the account had been unlawfully terminated due to the Default Notice issued on not complying with the Consumer Credit (Enforcement, Default and Termination Notices) Regulations 1983 (SI 1983/1561).

13. Furthermore, as no Letter Before Action was served or received, the Claimant acted in contravention of the Civil Procedure Rules, Part 1 the Overriding Objective, and Practice Direction the Pre Action Protocols paragraph 4.3

14. I tried to obtain legal advice on how I should proceed with my response to the Claimants claim, but as I had no available funds to pay for a solicitor, the only other option, of which I was aware, was the Citizens Advice Bureau. However due to my local Citizens Advice Bureau being under great pressure at the time due to the number of people they are trying to help, and the fact that appointments are only available on two days each week, I could not get an early appointment.

15. I acknowledged the Claim before the 14 day deadline and stated that I wished to defend the claim. I was then in a quandary as to how to defend the claim. Just 1 day before I was due to enter a defence I was told where I could possibly obtain some legal advice and some help.

16. On I was advised as to how I might proceed with my defence and did so as soon as I was aware of what options were available to me.

17. At the point in time? where my defence was required I was not in possession of documents from the Claimant, which were vital to my ability to defend this action and placed me at a distinct disadvantage. The Claimant failed to include the written agreement, which formed the basis of this claim in accordance with part 16 and Practice Direction 16 of the Civil Procedure Rules.

18. Because the Claimants Particulars of Claim were vague and insufficiently particularised and therefore did not provide me with the information which I needed to prepare a fully particularised defence, I was only able to enter a very vague defence, but stating that I had requested documents from the Claimant, and reserving the right to amend my defence at a later date if the Claimant produced the aforementioned documents.

19. On I therefore sent to the Claimant, by Royal Mail Recorded Delivery, a formal request under the civil procedure Rules (listed as ‘Item 2’ in my Disclosure List) for further information and copies of documents which they intended to rely on in Court.

20. To date I have had no reply from the Claimant to this request, they have not even had the courtesy to acknowledge receipt.

21. The Consumer Credit Act 1974 s78(1) and its associated Regulations state that, inter alia;

78 Duty to give information to debtor under running-account credit agreement

 

(1) The creditor under a regulated agreement for running-account credit, within the prescribed period after receiving a request in writing to that effect from the debtor and payment of a fee of £1, shall give the debtor a copy of the executed agreement (if any) and of any other document referred to in it, together with a statement signed by or on behalf of the creditor showing, according to the information to which it is practicable for him to refer,—

22. The Consumer Credit Act 1974 s78(6) then specifies that the consequences of failure to comply with such a request are that the creditor is not entitled to;

78

(6) If the creditor under an agreement fails to comply with subsection (1)—

(a) he is not entitled, while the default continues, to enforce the agreement; and

(b) If the default continues for one month he commits an offence.

23. Shortly after the I received from the Court the Allocation Questionnaire which had to be completed and returned to the Court by?

24. On I received a disclosure list from Eversheds which was accompanied by certain copy documents. These copy documents consisted of the items which I had requested in my request for further information under the Civil Procedure Rules.

25. However Eversheds stated in their covering letter that the enclosed documents were those upon which they intended to rely in court, so I will therefore object if any other documents are produced which they have not already disclosed to me, and which they attempt to rely on in court, a further request was made for legible copies of the documents as the ones provided were poor quality photocopies.

26. I deny that a properly executed agreement, or indeed any agreement as claimed, ever existed.

27. I was somewhat bemused by the contents of the disclosure list as Eversheds wanted me to provide copies of two documents, inter alia, (‘Items 1 and 2’ on my Disclosure List) document 1 being the default notice which had been sent to me by their client (the Claimant) and which they should surely have had in their possession, or indeed could have obtained from their client and which they had also stated in their letter of that date that they intended to rely on in Court, and indeed had included it on their own Disclosure List.

28. I courteously replied to Eversheds and provided them with copy documents they had requested. This was sent to them by Royal Mail Recorded Delivery on, and I have retained proof of posting.

29. Statement of Truth:

[citizenB]

I have edited this and taken it forward. I have removed the edited defence from here to prevent crowding.

Edited May 6, 2009 by citizenB
Copied to last post.

[GamekeeperToPoacher]

CB

 

I was trying my best lol

 

I would appreciate advice about this I fyou could spare a minute

 

Please

 

GK

[goonerhenry]

i denied all the claim, but have admitted in my defense into enetering into a credit agreement with mbna, but not arrow, i also denied it was ever enforceable with either mbna or arrow, yes i entered into a repayment plan after the DN was issued, i did keep the track and trace and will dig it out, who am i best to try and get some help off as i could do with getting this off asap as it was supposed to be in 2 weeks ago, although i still havent had eversheds WS yet

[citizenB]

Hi Henry, I will see what I can do, then try and find someone to give it the once over for you.

 

I am editing the copy in post 416.. Give me a couple of hours cos I am searching for stuff as well:D

Edited May 6, 2009 by citizenB

[goonerhenry]

cheers citezenb, much appreciated

[citizenB]

Henry, I am a little confused. You say above that the DN was issued on 1st February 2007 , yet in your Defence post # 62 it states that the DN was issued on 19th December 2006 with a remedy date of before 2nd January 2007 ?.

 

Can you confirm this please

[goonerhenry]

aplologies i have copied the WS from elsewhere and may have left that date in by mistake, the DN was issued on the 19th december 2006 with a remedy date of the 2nd of jan 2007

[citizenB]

Henry, before I go further can you please answer the following questions

 

 

Henry, I am a little confused. You say above that the DN was issued on 1st February 2007 , yet in your Defence post # 62 it states that the DN was issued on 19th December 2006 with a remedy date of before 2nd January 2007 ?.

 

Henry, I have lost the plot. Arrow sent the default notice in December 2006. At what point did Eversheds come on the scene. Where does the Default Notice you originally had as dated 1st February 2007 appear. Do you have TWO dodgy Default Notices ? I think this WS is also going to have to have a few paragraphs shuffled.

[citizenB]

aplologies i have copied the WS from elsewhere and may have left that date in by mistake, the DN was issued on the 19th december 2006 with a remedy date of the 2nd of jan 2007

 

 

Then this information is thrown out.. You cant say that there are default charges applied on these dates.. as they were AFTER the date of the DN. Or should these dates be 2006/2007 rather than 2007/2008.

 

The amount stated on the Default Notice to be outstanding included sums, which had been added for the purported breaches of contract by my alleged failure to pay the required payments under the terms of the contract. These sums cannot be considered a genuine pre estimate of the claimants losses and therefore it is my belief that they are in fact penalties for breach of contract and as such are unlawful at common law.

 

These charges can be shown by reference to the monthly account statements obtained by myself from MBNA, dated; 13th January 2007; 10th February 2007; 13th May 2007; 26th June 2007; 26th October 2007; 10th December 2007; 13th January 2008; 11th February 2008; all of which show such charges being added.

[goonerhenry]

the only correspondance i have ever rec'd from arrow was the default notice and termination notice, other than that i have never even spoken to them, after the termination notice i rec'd letters from eversheds and they are who i agreed a repayment plan with and its them i pay the money to, as far as im aware i have only ever rec'd one default notice that was dated the 19th dec 2006 and notihing dated the 1st feb 2007