IM vs AMEX - Help with defence

[shakespeare62]

Hi IM, Just pm'd you my case details for the version you submit to the Respondent.

 

From a quick glance it looks good. I would consider replacing the second sentence section which currently reads

 

"who has made an appeal which has been granted by"

 

with

 

"where an appeal has been granted by"

 

Also, be sure to put cc. District Judge, [XX] County Court

at the bottom of the letter.

 

Make sure you send a copy of the letter to your Court. by registered post or by hand. Check the Court receives it. Also Register or Special Deliver it to the Respondents solicitors.

Edited March 13, 2010 by shakespeare62

[shakespeare62]

Just wondering if you should change the first line of your second para to read

 

"The above case deals with the same points that have been raised in my defence..." ?

 

The difference is subtle, but I think it implies that it deals with the Respondents arguments as well which are essentially the same

 

Hopefully you'll get some more suggestions / comments before you submit it.

[shakespeare62]

You could also refer to my Appeal hearing date which is the 25th May.

[im4347]

Thanks for this Shakey, will amend accordingly.

 

Regards,

 

IM

[im4347]

Hi all

 

Sent off the Stay request to MDR with many thanks to Shakey for his help, and we've now received a reply from them stating that they are surprized we know of Shakey's case and want the following information as to why we want an adjournment:

 

1. Why do we think our case is the same as Shakey's?

 

2. If Shakey is unsuccessful, how will we move forward with our case?

 

They have also stated that they want my witness statement as it is so late and they think I am trying to obtain an adjournmet to delay my witness statement.

 

As the hearing is coming up soon, any advice would be appreciated.

 

Many thanks,

 

IM

[gezwee]

Hi IM

 

First reaction would be to tell 'em to p off and work it out for themselves but............... with all things not being equal I'd respond something along the lines of:-

 

Dear Mdr

 

It is more than apparent that there are striking similarities between the 2 cases cited.

 

Your client has (as above) proceeded with a part 7 action without first conforming to said part of civil procedure rules - inter alia, the evidencing of a duly executed agreement compliant with the Consumer credit act 1974 complete with prescribed terms.

 

With regard to any future instruction to your client and in their abeyance of the above, I am unfortunately unable to advise in this matter.

 

Up yours etc etc

 

IM

[Desperate Daniella]

You could also add something along of the lines of

 

Obviously your clients are very anxious for my case to proceed before the outcome of the Shakespeare...... appeal on 25th May, but this case is clearly relevant to my Defence and therefore it is wholly reasonable that your clients should agree a stay until after that date.

 

You could also say you will make an application directly to the court if they don't agree, but for the moment I'd leave that until you get the reply to the first letter.

 

DD

[im4347]

Thanks Gezwee and DD

 

I will construct the letter today and get it in the post tomorrow.

 

Shakespeare sent me the following to add to the letter;

 

1) I am are aware that Shakespeare was granted permission to appeal on all points by His Honour Judge XXXXX who stated the appeal had a realistic prospect of success.

2) My Default Notice, covers the same issues being dealt with by Shakespeare's appeal. Specifically that the claimant issued a Default Notice route and terminated the agreement; That the claim is fatally flawed due to the Default Notice which allegedly failed to allow 14 statutory days to rectify a breach.

3) That the Default Notice failed to contain mandatory prescribed text required by the Regulations

4) That the Default Notice contained penalty charges alternatively unfair charges under UTCCR 1999.

5) That the authenticity of the alleged original agreement is disputed and that it is undergoing detailed forensic examination with a full report to be produced to the Court.

I understand that the outcome of Shakespeare's appeal would be persuasive upon my case. Should it proceed to a full trial in the High Court, the result would have a binding effect upon a lower Court.

 

Any further comments would be appreciated.

 

Many thanks,

 

IM

[Desperate Daniella]

Even better, but in 2) why do you have to say ..."the Default Notice which allegedly failed ..." ? I'm sure there must be a reason, but I would just put "failed" as I think it makes you look stronger to MdR. However, I stand to be corrected.

[im4347]

Hi DD

 

Good point regarding 2), will amend accordingly, thanks.

 

IM

[im4347]

Hi guys

 

I sent MDR a letter with the information they requested regarding my request for a stay on the claim pending the outcome of Shakespeares case.

 

To date I have not heard back from them so I rang the Court today and they basically said that if I don't hear from MDR soon, I need to come in and pay for a stay (£40) as the hearing is fast approaching.

 

I have also not filed my witness statement at the moment as I was hoping the case would be stayed.

 

Any advice would be appreciated.

 

Thanks,

 

IM

[Desperate Daniella]

Sorry, what is the court date?

[im4347]

Hi Danielle

 

It's coming Tuesday.

 

Regards,

 

IM

[Desperate Daniella]

 

I think you should fax or call (if you want to) MdR and tell them that unless you get immediate confirmation that they are agreeing to a stay you will be filing an application first thing in the morning, which obviously they will then receive by DX, and will also be applying for costs if you have to have a hearing as a result.

 

I'm mentioning the DX because the solicitor in the other side in my case tried to pretend he had only received the notification the day before the hearing so wasn't given enough notice which the court said was rubbish because it had been DX'd on the very same day.

 

They are supposed to be given three clear days notice of any application so you are pushing it a bit, so need to contact MdR this afternoon, and get that application in first thing. You can argue that you were waiting for their reply.

 

DD

[im4347]

Thanks DD

 

Just done the fax to them that I need to know asap (by 10am tomorrow) or I will be filing through court.

 

Keep you posted.

 

IM

[im4347]

Hi Guys

 

Just to let you know that MDR accepted the adjournment request pending the outcome of Shakespeares case and both parties signed the 'Consent Order' for adjournment.

 

I went and handed in a copy and MDR faxed a copy to court of Friday. I rang the court this morning for an update and MDR have told the court in writing that in light of the adjournment 'Consent Order', they will not be attending the scheduled hearing.

 

Thanks guys.

 

IM

[Desperate Daniella]

Fantastic.

[Laura Cooke]

Great for you