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    • We have finally managed to obtain the transcript of this case.

      The judge's reasoning is very useful and will certainly be helpful in any other cases relating to third-party rights where the customer has contracted with the courier company by using a broker.
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      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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MBNA have issued proceedings against me -please help


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I have an MBNA credit card debt which I have done a section 77/78 request on and I have been told that the agreement is in breach of the 1974 Consumer Credit Act in that it does not contain all the prescribed terms.

MBNA have issued proceedings against me in the Chester County Court and I have had a form from the court advising me of various dates by which certain actions need to be completed.

The first of these is ‘Each party to give standard disclosure by list by 28th May 2009

And the second is ‘Any request for inspection or copies is to be made by 11th June 2009

Any help would be appreciated

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I have an MBNA credit card debt which I have done a section 77/78 request on and I have been told that the agreement is in breach of the 1974 Consumer Credit Act in that it does not contain all the prescribed terms.

MBNA have issued proceedings against me in the Chester County Court and I have had a form from the court advising me of various dates by which certain actions need to be completed.

The first of these is ‘Each party to give standard disclosure by list by 28th May 2009

And the second is ‘Any request for inspection or copies is to be made by 11th June 2009

Any help would be appreciated

 

As a starting point can you post a copy of the summons and your defence - if you take out anything that can identify you

- can you also tell us what the other directions are

 

Can you also post the CCA that they have disclosed - when was the alleged agreement taken out?

 

If you have a look at the online disclosure form and then come back to us with any queries

 

I have a suspicion that you may need to amend the defence

If I've helped feel free to add to my reputation.

 

I am not a Practising Lawyer. My comments are my opinion only. You should not rely upon those comments and should always take your own professional advice from a practising Solicitor or Barrister

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As a starting point can you post a copy of the summons and your defence - if you take out anything that can identify you

- can you also tell us what the other directions are

 

Can you also post the CCA that they have disclosed - when was the alleged agreement taken out?

 

If you have a look at the online disclosure form and then come back to us with any queries

 

I have a suspicion that you may need to amend the defence

 

Thanks for the reply,I will be able to scan the documnets you have mentioned but can you tell me how to post them here please.

Can you also please direct me as to where to find the online disclosure form.

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The other way to do it is to click on "Go Advanced" on the quick reply box and then if you look really carefully, cos its' tiny, you can see a paper clip if you click on that you can upload from your computer.

 

The Disclosure form is on the court service website

If I've helped feel free to add to my reputation.

 

I am not a Practising Lawyer. My comments are my opinion only. You should not rely upon those comments and should always take your own professional advice from a practising Solicitor or Barrister

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The other way to do it is to click on "Go Advanced" on the quick reply box and then if you look really carefully, cos its' tiny, you can see a paper clip if you click on that you can upload from your computer.

 

The Disclosure form is on the court service website

 

This is my first go at using photo bucket so here goes,

 

MBNACourtDocs.jpg

 

MBNACourtDocs001.jpg

 

MBNACourtDocs002.jpg

 

MBNACourtDocs003.jpg

 

MBNACourtDocs004.jpg

 

MBNACourtDocs005.jpg

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Hi Trickie Dickie,

 

This looks to me like a test case.

 

Why are they going to waste time & money taking you to court with an unenforcable agreement ?

 

Just turn up and ask the judge for them to show the signed agreement. Dont let the judge go with a moral decision.

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Hi Trickie Dickie,

 

This looks to me like a test case.

 

.

 

Not with those directions it isn't - those are trial directions - they've even given it a trial window and given directions for a listing questionnaire

 

I don't understand why its' not been transferred to your local county court.

 

Can you post a copy of your defence - it needs to plead the point about the "agreement" not containing the prescribed terms

 

Did you receive the D/N - if so can you post that

 

Does the claim contain account charges - or don't we know

If I've helped feel free to add to my reputation.

 

I am not a Practising Lawyer. My comments are my opinion only. You should not rely upon those comments and should always take your own professional advice from a practising Solicitor or Barrister

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Not with those directions it isn't - those are trial directions - they've even given it a trial window and given directions for a listing questionnaire

 

I don't understand why its' not been transferred to your local county court.

 

Can you post a copy of your defence - it needs to plead the point about the "agreement" not containing the prescribed terms

 

Did you receive the D/N - if so can you post that

 

Does the claim contain account charges - or don't we know

 

 

The only document I have submitted to the court so far is the allocation questionaire which does does plead the point about the 'agreement' not containing the prescribed terms.

Don't know if the claim contains account charges-not sure what is meant by that.

I have the Default Notice and will post as soon as I can get my scanner to work again.

Yesterday I had a letter from the court advising me I need to attend court for a Case Management Conference at the court on Tuesday 19th May which was very surprising as the previous dates which I was given for a court hearing were August then September.

As I have posted in another thread I phoned the court on Thursday to say I had heard that some cases were being stayed and whether mine was one of them.

I was told that mine was not to be stayed but the clerk asked if I wanted him to ask the judge to consider my case to be included in those and I said I did so he agreed to do that.

The letter regarding the CMC on Tuesday was posted the same day so I wonder if thats what he CMC is about.

Should I call the court to ask what the CMC is about as I do not have time for any preparation ?

Can anyone comment on the agreement as to if it does seem to be improperly executed?

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You must have filed a defence - when you got the claim you filed an AoS and then a defence

 

The agreement is improperly executed - you need to amend your defence

 

I don't understand what the point of having a cmc is - all you can do is go along and find out...

If I've helped feel free to add to my reputation.

 

I am not a Practising Lawyer. My comments are my opinion only. You should not rely upon those comments and should always take your own professional advice from a practising Solicitor or Barrister

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You must have filed a defence - when you got the claim you filed an AoS and then a defence

 

The agreement is improperly executed - you need to amend your defence

 

I don't understand what the point of having a cmc is - all you can do is go along and find out...

 

 

What is an AoS

Edited by When in Rome 09
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What is an aos

 

Its' an acknowledgment of service

 

You get the summons - you have 14 days from service to either a defence or an AoS - if you file an AoS you then have a further 14 days to file the defence

 

If you file an AoS but then don't file a defence the other side can enter a judgment in default

If I've helped feel free to add to my reputation.

 

I am not a Practising Lawyer. My comments are my opinion only. You should not rely upon those comments and should always take your own professional advice from a practising Solicitor or Barrister

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You must have filed a defence - when you got the claim you filed an AoS and then a defence

 

The agreement is improperly executed - you need to amend your defence

 

I don't understand what the point of having a cmc is - all you can do is go along and find out...

I filed the AQ which states that I intend to argue that the agreement is unenforceable but have not submitted any other document which I would recognise as a defence,I thought that this would be included in the documents which are requested by the court in the Order from the court dated 6th May.

However you mention I should amend my defence,could you possibly help with this based upon the info I have submitted and if you need anything else please advise what it is.

I was thinking of calling the court tomorrow to ask the purpose of the CMC do you think this would be a good idea?

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It won't do any harm to phone the court - they may not be able to tell you what the hearing is for but you might be lucky and they may be able to tell you.

 

I'm happy to help out with a defence - the only problem I have is that I won't have time until next weekend. I've got a couple of assignments for my uni course that I've got to do this week

If I've helped feel free to add to my reputation.

 

I am not a Practising Lawyer. My comments are my opinion only. You should not rely upon those comments and should always take your own professional advice from a practising Solicitor or Barrister

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A CMC is a hearing that takes place in a private room with you, the other side and a District Judge - usually they are designed to give directions for trial - things such as disclosure, exchange of witness statements etc.

 

That's why I don't understand why you're having a CMC - cos you've got the directions already

If I've helped feel free to add to my reputation.

 

I am not a Practising Lawyer. My comments are my opinion only. You should not rely upon those comments and should always take your own professional advice from a practising Solicitor or Barrister

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Account charges are fees such as overlimit fees, late payment fees, charges for letters etc

 

The disclosure - you list what you have and what you had

If I've helped feel free to add to my reputation.

 

I am not a Practising Lawyer. My comments are my opinion only. You should not rely upon those comments and should always take your own professional advice from a practising Solicitor or Barrister

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A CMC is a hearing that takes place in a private room with you, the other side and a District Judge - usually they are designed to give directions for trial - things such as disclosure, exchange of witness statements etc.

 

That's why I don't understand why you're having a CMC - cos you've got the directions already

 

I have just spoken to the court and apparently the case management conference I have been asked to attend will be dealing with a total of 44 cases.

Should be interesting,anyone want to come along as my legal advisor to earwig and possibly give me advice?

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It sounds like they're gonna discuss these test cases - its' not normal to have that many cases in a CMC at one time...

 

Presumably they're gonna all involve MBNA

 

Interesting

If I've helped feel free to add to my reputation.

 

I am not a Practising Lawyer. My comments are my opinion only. You should not rely upon those comments and should always take your own professional advice from a practising Solicitor or Barrister

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It sounds like they're gonna discuss these test cases - its' not normal to have that many cases in a CMC at one time...

 

Presumably they're gonna all involve MBNA

 

Interesting

 

 

From what I can gather it would seem that the purpose of the conference is to advise everyone involved in this matter about how the court has decided to proceed rather than discuss individual cases or listen to individual arguments.

My girlfriend is panicking about this now and insisting I am represented but I think that will be a waste of money I have not got .

Firstly whoever I could find at this short notice would know nothing about the case and it does not even sound like there will be any need for any input on my part,what do you think?

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I don't see what having a legal representative at this stage would bring to the party...

 

I agree with you that it is too late for anybody to familiarise themselves with the case...

If I've helped feel free to add to my reputation.

 

I am not a Practising Lawyer. My comments are my opinion only. You should not rely upon those comments and should always take your own professional advice from a practising Solicitor or Barrister

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Here are my default notice and the defence I filed which was prepared by someone who for reasons beyond my control is no longer willing to assist me however I have obliterated the name for confidentiality.

There are charges in the sum claimed,ie interest late payment charges etc,does that make a difference?

 

MBNADefencePersonalDetailsedited.jpg

 

MBNADefaultNoticevers2.jpg

 

MBNADefencePersonalDetailsedited001.jpg

 

MBNADefencePersonalDetailsedited002.jpg

 

MBNADefencePersonalDetailsedited003.jpg

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As far as default charges go - they are arguably imposed under unfair contract terms and/or penalty clauses at common law and as such don't bind you - if they are included on a DN then arguably the DN is invalid - I say arguably because Rankine says they do't however I Rankine is wrong and I have an argument to deal with that.

 

The Defence does need amending

If I've helped feel free to add to my reputation.

 

I am not a Practising Lawyer. My comments are my opinion only. You should not rely upon those comments and should always take your own professional advice from a practising Solicitor or Barrister

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