Restons/MBNA Issued Court Claim **ROUND ONE TO SF**

[sunflower99]

It is clear that s61(1)(a) is referring to the prospective regulated agreement, so that its requirements must be fulfilled by that document and not just by another document to which it refers”: Goode, Consumer Credit Law and Practice, paras 30.102-30.103.

 

This is interpreted by John McCloud, PhD, LLB, Barrister, Professor of Law, University of Liverpool:

 

On the same side as the signatures the document itself must contain the terms prescribed in the Agreement Regulations [Reg 6(1)]. To the extent that these rules refer to information which must be stated ‘together and as a whole’, that will ensure the larger list is included in the actual agreement rather than any document referred to in it.

[sunflower99]

a couple of quotes that may come in handy!

[AA99]

still subbing sf, good luck xx

[sunflower99]

Hi AA99

Thanks for moral support and still being there for me:) xxx

[Desperate Daniella]

Any last minute updates?

 

Thinking of you all. Good luck

 

DD

[sunflower99]

Any last minute updates?

 

Thinking of you all. Good luck

 

DD

Hi DD

Just go my court papers from Restons today!

[sunflower99]

Restons surprise surprise are applying for a Summary judgement,I am just going to post up my court forms,The hearing is set for 22nd sept.Any feedback and help and advice greatly appreciated as to what to do

[sunflower99]

[sunflower99]

[sunflower99]

[AndyOrch]

Hi Sunflower

 

Have they served you with their Witness Statement in support of their application?

 

Regards

 

Andy

[sunflower99]

[sunflower99]

[AA99]

What is CPR 24.2 that is referred to ?

[AndyOrch]

PART 24 - SUMMARY JUDGMENT - Ministry of Justice

[sunflower99]

Hi Sunflower

 

Have they served you with their Witness Statement in support of their application?

 

Regards

 

Andy

Hi Andy

This application notice and notice of hearing plus copies of some letters with them and a big bundle of statements from 2004 to 2006 are all that is included,Does no appear to be a witness statmennt from them apart from what they printed on application notice.

[AndyOrch]

Check with your CC they should have made one and left you in the dark.You will have to prepare one in opposition to their application and serve it not less than 7 days before the hearing.Need to see theirs though, if they have done one, before drafting yours.

 

Andy

Edited August 19, 2009 by Andyorch

[sunflower99]

I suppose i need to get a witness statement sorted out and sent to Restons 7 days before hearing,Is it a good idea to send a copy of witness statement to court as well?

[AndyOrch]

If you look at the n244 above its the last instruction hence my question where is theirs.Its courtasy to provide you with the actual WS but not a provision for you to include the Court

 

 

Andy

[sunflower99]

Check with your CC they should have made one and left you in the dark.You will have to prepare one in opposition to theirapplication and serve it not less than 7 days before the hearing.Need to see theirs though, if they have done one, before drafting yours.

 

Andy

so i need to phone court and see if they done one and get court to send me a copy?,Still i suppose i could make a start still and start working on one out as i can guess that i can start to adreess the issues in their application notice and amend and add things if anything else crops up witness statement

[AndyOrch]

yes always worth the check.It seems strange if they havent because they will rely on witness evidence to support the application.I accept their is a lot of wording in the actual application but that is not signed as truth hence the WS.

Your WS in objection will be based on theirs so you will struggle if you dont get one

 

Andy

[sunflower99]

i noticed mydogasweetie had same problem on her thread,Restons just served the application notice with reasons like they did to me but no copy of their witness statement to her either,So will try and get one fron court but if they dont respond quickly i suppose i will need to do what my dog a sweetie was advised to do which was file a witness statement in opposition to all the points made on application notice and make a case wyy i think my case stands a good chance of suceeding.Car made this point-on her thread-Quote -

Ok, so what you need to do with this (the SJ from Restons) is respond to it, paragraph by paragraph. Even if you deny each paragraph, you must do it paragraph by paragraph, making reference to the paragraphs you are responding to on this. ("Paragraph 1 is denied, because of X/Y/Z", "Paragraph 2 is denied, because of X/Y/Z", "Paragraph 3 is denied, because of X/Y/Z", etc, etc)

 

so i suppose i dont want to have a panic getting one sorted at last minute waiitng to see if court or restons send me a winess statement as Restons will not be anxious to help me and probably end up getting one at last minute knowing my luck:eek:I can always ament things add things if i am lucky enough to get one at some stage in time for hearing,I only have a about three weeks to file it and i want to make sure i get time to get it right :eek:I am not realy surprised really Andy! These DCAs will try and make things as awkward for us as possible:eek:

[sunflower99]

so need to go through each point and i suppose my strongest defence is dodgy CCA so i suppose it will be a good idea to point out why i feel what Restons has sent me does not meet with a cpr31,14 request and all the doubts aboout it and quote case law,to back it up. and at least have a draft for it in case i dont get anything else on time?

[Mydogsawestie]

Hi sunflower99 just caught up with your postings...

 

Surprise surprise Your SJ hearing application is along the same lines as mine "almost" word for word other than the paragraph which states above about it being an online application.

 

Your more than welcome to my WS in response also IGNM was of great assistance in suggesting me doing an amended defence at the last minute too.

 

Let me know if you need anything else....(still waiting on the District judge order who didnt give Restons what they came for when I attended court on the 13th July, no news is good news I guess for now (fingers crossed x)

MDAW Witness Statement.doc

[citizenB]

Hi SF,

 

I guess we knew this would happen, just not when:( Have you phoned the court to see if there is a witness statement lurking around. You will see from CB's thread that they ambushed him with one yesterday.. a day before trial.

 

MDS, Fairbyblue and CB's threads should have most of the information you require to fight this successfully.

 

Just shout if you need help/information.

 

You will need to file the response 7 days before the SJ hearing date which will be 14/15 september.