Eversheds County Court Paperwork / **SUCCESS**

[caro]

Sorry you haven't had a response before now. Just read through your thread and as far as I can see your defence is still that the POC are embarassed, and I take it you've had no more information suggesting the debt is enforceable.

 

Can you have another go putting up the full order. Was there any reference to your draft directions?

[goonerhenry]

thanks ever so much for getting back to me, i was starting to think no one would, i have received no response from eversheds regarding the requests for the credit agreement etc, i will get the order scanned in and uploaded as soon as i can get near a scanner.

[car2403]

If they haven't complied now, it's unlikely that they will - it may be time to take action and ask the Court to strike out on this basis?

[goonerhenry]

right see attached the notice of allocation, for some reason it decided not to scan into the correct order, if someone could have a quick look through and suggest my next move, i think i have til the 10/3 to respond with the disclosure list, thanks in advance

NoticeOfAllocation.pdf

[caro]

My inclination would be to wait and see what they come up with in their disclosure list. If they don't provide the paperwork to make the debt enforceable I think you'd have good grounds to ask for the case to be struck out.

[goonerhenry]

yeah thats what i was thinking, i will get my disclosure list together and get that posted on here for you guys to look at before i send it

[goonerhenry]

right just trying to get the disclosure list together, am i right in thinking that in my defence the only paperwork im relying in is the default notice which was served incorrectly and the CPR request to which they have yet to respond, also could someone help me with any lesgislation or old cases which i will need to mention, again any help will be appreciated

[goonerhenry]

also how do i need layout the diclosure list when i send it back to the court?

[caro]

I hope this post will help. You need to disclose ALL documentation that you have regarding your claim.

 

Right then

 

Q1

 

Standard disclosure is dealt with by effectivly a list of the documents they hold in their possession and will rely upon at trial. they will not send you the actual documents at this stage just a list of names of the docs they have.

 

you then have to ask them if you wish to inspect a copy of any of the documents they have listed

 

they may send you a list they may not, if they do not by the deadline then you should raise the matter with the court

 

You should also serve upon the other side as directed by the court, a list of documents upon which you are relying upon.

 

heres the standard form you use The requested resource (/HMCSCourtFinder/tiles/Her Majesty's Courts Service -Forms and Guidance) is not available

 

it is a N265

 

Q2

with regards to the second point, a reply to CPR 31.14 should provide you with documents which they have pleaded in their statement of case. it is not unusual for a solicitor to have to wait on their clients to supply this information.

 

however the purpose of CPR 31.14 is normally to allow you to access documents which you have identified as being central to your defence and without them you will be unable to plead.

[Docman]

In addition to the CCA, Dn and Notice of Assignment, don't forget to ask for a copy of the orignial sale agreement between MBNA & Arrow Global.

 

In the POC, they stated

"1. the claim is for the sum of £ in respect of monies owing by the defendant on a credit agreement held by the defendant with MBNA on which the defendant failed to maintain payments

2.a default notice was served upon the defendant and had not been complied with

3.by virtue of a sale agreement between MBNA and the claimant the claim vested in the claimant who has a genuine commercial interest

Since they have stated there is an agreement upon which the claimants base their claim, you should be able to have a copy and inspect teh original. Could be an interesting response.

[goonerhenry]

superb, thanks for the link that saves me allot of work, right see attached my part completed disclosure list, i would reaaly appreciate it if someone could take a quick look and see if firstly i need to disclose any other documents and secondly other than the obvious fields of my name etc if there is anything else i need to fill in, sorry to be a pain but im no expert and dont want to get this wrong and risk the case, thanks in advance.

 

also thanks for the advice docman, i must admit i have read the paperwork a thousand times and never thought to make sure they give me a copy of the sale agreement, just out of interest legally should i have been told about the sale to arrow? as i cant remember every receiving anything, also if they do have a copy of the credit agreement should it be the original from mbna or should arrow have made me complete another one?

DiscolsureForm.pdf

[goonerhenry]

bump

[Docman]

If that's all you have and want to use, then that's it. Your bundle of documents that comes later will have copies of the cases and the statute - but that's a long way off.

[goonerhenry]

thanks docman, as i said before im no expert so value any one elses opinion, if they are all i need to list then fair enough, but if someone could have a look and just double check that im not missing anything off i would really appreciate it

[caro]

It depends if you have anything else. If you do, then you should add it to your list, but if it's all you have then that is all you need.

[goonerhenry]

thanks caro & docman from what i can tell thats all i need as thats all i mention in my defense, will get it off and let you know when i get their disclosure list

[goonerhenry]

i have had eversheds/arrows disclosure list, not good news as they have a copy of the credit agreement, i have scanned it and attched it with the other paperwork i was sent, they do have a copy of the default notice but as i have already posted that i havent done this time as its the same, there were also pages and pages of statements and correspondance lists, but as there were so many pages again i havent scanned, also do i need to send a copy of my disclosure list to eversheds as so far i have only sent it to the courts??

can someone have a look through and suggest what my best move would be from here, thanks.

ArrowDisclosure.pdf

[the_shadow]

i have had eversheds/arrows disclosure list, not good news as they have a copy of the credit agreement, i have scanned it and attched it with the other paperwork i was sent, they do have a copy of the default notice but as i have already posted that i havent done this time as its the same, there were also pages and pages of statements and correspondance lists, but as there were so many pages again i havent scanned, also do i need to send a copy of my disclosure list to eversheds as so far i have only sent it to the courts??

can someone have a look through and suggest what my best move would be from here, thanks.

 

Did you blow up the front of the agreement or did they? If them why didnt they blow up the back? possibly unreadable prescribed key terms there???

 

It looks like microfiched copies in which case I think they have to disclose this as hearsay evidence if its not the original? [clarification from someone with more knowledge required]

 

Have a look at this here particulalry this point

 

e) if copies of any of the above documents are to be relied on in court rather than originals, a copy of the Notice of proposal to adduce hearsay evidence required under s2(1) of the Civil Evidence Act 1995 together with proof of the authenticity of the document(s) as required under s8(1)(b) of the Act, including but not limited to:

(i) a copy of the procedure(s) used for copying, storing and retrieving documents

(ii) a copy of the relevant log entry showing the time and date of the scan or copy, the name of the member of staff making the copy, the method used for copying, storage and retrieval and time and date of destruction of the original document(s)

(iii) copies of internal and external audit reports covering the entire period from the date of the copy to the present to demonstrate that the procedures have been complied with

(iv) copies of Quality Assurance accreditation certificates covering the entire period from the date of the copy to the present to demonstrate that the procedure(s) and audit process(es) comply with the appropriate quality standards.

Dont give up yet... even if you are a gooner:lol:

PmW

[42man]

STILL no default notice !!! ???

[goonerhenry]

no they did send the default notice but as i have posted it up before i didnt see the point in doing it again, how does the rest of the info look? is there any good news??

[atwozee]

Just had another read of your thread.

Your defence in relation to the flawed DN is still good regardless of the agreement – also the previous points made about the NoA are relevant – they will have to prove that you received the NoA otherwise their whole claim is in jeopardy – the assignment of the agreement only becomes effectual in law once you have had written notice of it.

The actual deed of assignment has to be verified as well to ensure that they have a right to make the claim in the first place. This is a pretty good bit of info on assignment

http://www.insolvency.gov.uk/freedomofinformation/technical/TechnicalManual/Ch25-36/Chapter31/part9/part4/part_4.htm

[goonerhenry]

apologies for being thick but whats the NoA?

[the_shadow]

no they did send the default notice but as i have posted it up before i didnt see the point in doing it again, how does the rest of the info look? is there any good news??

 

Just had a look at the DN, theres definitely at least 2 days shortage on the required days for fixing the breach there.. Sent on a Friday but doesnt allow 2 clear days as required in Regs.

 

[Only query I have is national holidays, there are 3 in the period you have to fix the breach... do they affect the dates or are they just counted as calendar dates like sundays? They dont effect the -2 days you have been given they would increase it]

[goonerhenry]

thanks for the response pmw1971, i was thinking the same as it was christmas and so surely they have to give you longer to respond as christmas post is alway rubbish

[atwozee]

NoA = Notice of Assignment

 

Regarding the DN - holidays will only count if they are part of the postal period - there is no stipulation for 14 working days.