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

[citizenB]

another poacing from Creditcardmugs post for same person! Do you think this will be ok for l on my AQ form,I suppose i could put in after where it says - the original must be brought to the hearing add under CPR direction 16 paragraph 7.3 so it reads the original must be brought to hearing under cpr directions 16 paragraph 7.3 ?

 

Yep, that would work ok.

 

Hi CiB Underdog Cashins and pompeyfaith thanks for all the moral support! ! so what i poached from Creditcardmug ok to put in my AQ forms?Also on form should i also adds some paragraphs why i am not happy with their response to my CPR 31.14 request as they will argue they complied by sending that bogpaper application form,Should i list all the faults i found with it and mention they refuse to respond to letters asking for confirmation that the front and other page they imply are overleaf are actually overleaf from same document or to confirm whether they had the Original! or to respond to my offer to travel up to their offices to view alleged agreement in my own time and expense?Or do i wait for when i neeed to fill out proper defence or witness statement and then start pulling CCA to pieces ?

 

 

TBH, I really dont know about this part. You would need to ask someone like IGNM, CCM or X20 for their input.

 

[sunflower99]

Hi CitB

So do you think it would be a good idea for me to pm these three people and give them a link to this thread? i hope they willll not mind!

[sunflower99]

If the court is in agreement, the defendant respectfully requests that special directions may be given as per the attached draft order.

 

The defendant proposes these directions in mind of the Overriding Objectives, and in particular the duty of the parties to help the court further them. The issues outlined below are the crux upon which this claim rests, and the proposed directions identify these issues and will allow them to be assessed in advance of the hearing so that this claim may proceed justly and expeditiously;

 

Without production of the requested documents, I am at a disadvantage and am unable to serve a proper defence. Failure of the claimant to supply the requested documentation will make the case much harder for the court to deal with as without production of the requested documentation will inhibit the courts ability to deal with the case.

 

The House of Lords in the case of Wilson v First County Trust Ltd - [2003] All ER (D) 187 (Jul) made it clear in paragraph 29 of LORD NICHOLLS OF BIRKENHEAD judgment

 

29. The court's powers under section 127(1) are subject to significant qualification in two types of cases. The first type is where section 61(1)(a), regarding signing of agreements, is not complied with. In such cases the court 'shall not make' an enforcement order unless a document, whether or not in the prescribed form, containing all the prescribed terms, was signed by the debtor: section 127(3). Thus, signature of a document containing all the prescribed terms is an essential prerequisite to the court's power to make an enforcement order. The second type of case concerns failure to comply with the duty to supply a copy of an executed or unexecuted agreement pursuant to sections 62 and 63, or failure to comply with the duty to give

notice of cancellation rights in accordance with section 64(1). Here again, subject to one exception regarding sections 62 and63, section 127(4) precludes the court from making an enforcement order.

 

should the claimant not have the documentation required to progress this case I suggest that there will be no case to answer

 

Therefore it stands to reason that these documents must be disclosed before this case can progress any further

Edited July 21, 2009 by sunflower99

[sunflower99]

wondering about adding this as well to other information on AQ form ?

[sunflower99]

I cut out part about wanting it in a small claim track as i think it in my interests it be a fast track one as there will be even more pressure i believe for them to comply with bringing in correct paperwork and original alleged agreement

[sunflower99]

post deleted

Edited July 21, 2009 by sunflower99

[citizenB]

Hi CitB

So do you think it would be a good idea for me to pm these three people and give them a link to this thread? i hope they willll not mind!

 

You will probably find all three debating in the following thread.

 

http://www.consumeractiongroup.co.uk/forum/general-debt-issues/208663-tale-dodgy-dn-further-104.html

 

Just pop a link to your thread, apologise for intruding and ask if someone could pop in and help you.

[citizenB]

I cut out part about wanting it in a small claim track as i think it in my interests it be a fast track one as there will be even more pressure i believe for them to comply with bringing in correct paperwork and original alleged agreement

 

Chances are it will be allocated to the Fast Track anyway because of the value of the claim, which I believe is well in excess of £5,000.

[sunflower99]

Draft Order for Directions

If the court is in agreement, the defendant respectfully requests that special directions may be given as per the attached draft order.

 

The defendant proposes these directions in mind of the Overriding Objectives, and in particular the duty of the parties to help the court further them. The issues outlined below are the crux upon which this claim rests, and the proposed directions identify these issues and will allow them to be assessed in advance of the hearing so that this claim may proceed justly and expeditiously;

 

Without production of the requested documents, I am at a disadvantage and am unable to serve a proper defence. Failure of the claimant to supply the requested documentation will make the case much harder for the court to deal with as without production of the requested documentation will inhibit the courts ability to deal with the case.

 

The House of Lords in the case of Wilson v First County Trust Ltd - [2003] All ER (D) 187 (Jul) made it clear in paragraph 29 of LORD NICHOLLS OF BIRKENHEAD judgment

 

29. The court's powers under section 127(1) are subject to significant qualification in two types of cases. The first type is where section 61(1)(a), regarding signing of agreements, is not complied with. In such cases the court 'shall not make' an enforcement order unless a document, whether or not in the prescribed form, containing all the prescribed terms, was signed by the debtor: section 127(3). Thus, signature of a document containing all the prescribed terms is an essential prerequisite to the court's power to make an enforcement order. The second type of case concerns failure to comply with the duty to supply a copy of an executed or unexecuted agreement pursuant to sections 62 and 63, or failure to comply with the duty to give

notice of cancellation rights in accordance with section 64(1). Here again, subject to one exception regarding sections 62 and63, section 127(4) precludes the court from making an enforcement order.

 

should the claimant not have the documentation required to progress this case I suggest that there will be no case to answer

 

Therefore it stands to reason that these documents must be disclosed before this case can progress any further

1 The Claimant shall not later than 4:00pm on (date) (being a date 2 weeks from the date of the making of the case management directions) file and serve a verified true copy of each of the following documents mentioned in the Particulars of Claim

 

(a) the executed regulated consumer credit agreement made between the defendant and xxxxxxxxxxxxxxxxx under reference xxxxxxxxxxxxx together with any terms and conditions that applied to it, .the original must be brought to hearing under cpr directions 16 paragraph 7.3

(b) the default notice together with proof of service the original document must be brought to the hearing

(d) a full and complete statement of account including all payments made and charges applied covering the period beginning with the day of the making of the agreement and ending on the date of the commencement of this case.

(e) any other documents on which the claimant will rely

 

2 In the event that the Claimant shall fail to comply with paragraph 1 of this order the claim shall stand struck out and the Defendant shall be at liberty without further order to apply to this court for judgment and for costs on the standard basis to be subject to detailed assessment proceedings if not agreed.

 

3 In the event of compliance with paragraph 1 of this order this case shall be allocated to the fast track and

 

4 The Defendant shall file and serve an Amended Defence by 4:00pm on (date) (being a date 6 weeks from the date of the making of the case management directions).

[sunflower99]

I hope this above draft will be ok for AQ form and welcome any opinions about it but still not sure about if i should add anything else as referred to in Post 175?so will take CiTb advice and try and nicely ask some knowledgeableCaggers up on legal side to answer post 175?

[sunflower99]

Chances are it will be allocated to the Fast Track anyway because of the value of the claim, which I believe is well in excess of £5,000.

It is indeed!

[citizenB]

It is indeed!

 

[exchange]

Petition to: Request a special investigation by the FSA and OFT into the harrassment by consumers and their families through the debt collection practices of MBNA and specifically the practices related to telephone calls and defaults while in dispute

 

Posting this link to get MBNA's practices noticed. Please sign.

[sunflower99]

! ! so what i poached from Creditcardmug ok to put in my AQ forms?Also on form should i also adds some paragraphs why i am not happy with their response to my CPR 31.14 request as they will argue they complied by sending that bogpaper application form,Should i list all the faults i found with it and mention they refuse to respond to letters asking for confirmation that the front and other page they imply are overleaf are actually overleaf from same document or to confirm whether they had the Original! or to respond to my offer to travel up to their offices to view alleged agreement in my own time and expense?Or do i wait for when i neeed to fill out proper defence or witness statement and then start pulling CCA to pieces ?

So folks could someone tell me if i should include the point mentiomed above quote in mt AQ form? i would be grateful for advice about whether to include extra paragraphs as to what i found wrong with CCA?Thanks

[AndyOrch]

So folks could someone tell me if i should include the point mentiomed above quote in mt AQ form? i would be grateful for advice about whether to include extra paragraphs as to what i found wrong with CCA?Thanks

 

Hi Sunflower

Dont use the AQ to argue your points keep it simple and fact as you state you will have chance to argue later in your WS ,should the matter progress that far.

 

Regards

 

Andy:wink:

[sunflower99]

Hi Andytorch!

Thanks for confirming it best not to add anything else ! so i will just send out the draft i poached from creditcardmugs posts in the layout in post 184!

[sunflower99]

Hi CitB

at least you been saved for a while from me writing a book for you to run your eyes over! Andytorch tells me the same as you always do! Keep it simple!

[sunflower99]

Draft Order for Directions

 

If the court is in agreement, the defendant respectfully requests that special directions may be given as per the attached draft order.

 

The defendant proposes these directions in mind of the Overriding Objectives, and in particular the duty of the parties to help the court further them. The issues outlined below are the crux upon which this claim rests, and the proposed directions identify these issues and will allow them to be assessed in advance of the hearing so that this claim may proceed justly and expeditiously;

 

Without production of the requested documents, I am at a disadvantage and am unable to serve a proper defence. Failure of the claimant to supply the requested documentation will make the case much harder for the court to deal with as without production of the requested documentation will inhibit the courts ability to deal with the case.

 

The House of Lords in the case of Wilson v First County Trust Ltd - [2003] All ER (D) 187 (Jul) made it clear in paragraph 29 of LORD NICHOLLS OF BIRKENHEAD judgment

 

29. The court's powers under section 127(1) are subject to significant qualification in two types of cases. The first type is where section 61(1)(a), regarding signing of agreements, is not complied with. In such cases the court 'shall not make' an enforcement order unless a document, whether or not in the prescribed form, containing all the prescribed terms, was signed by the debtor: section 127(3). Thus, signature of a document containing all the prescribed terms is an essential prerequisite to the court's power to make an enforcement order. The second type of case concerns failure to comply with the duty to supply a copy of an executed or unexecuted agreement pursuant to sections 62 and 63, or failure to comply with the duty to give

notice of cancellation rights in accordance with section 64(1). Here again, subject to one exception regarding sections 62 and63, section 127(4) precludes the court from making an enforcement order.

 

should the claimant not have the documentation required to progress this case I suggest that there will be no case to answer

 

Therefore it stands to reason that these documents must be disclosed before this case can progress any further

1 The Claimant shall not later than 4:00pm on (date) (being a date 2 weeks from the date of the making of the case management directions) file and serve a verified true copy of each of the following documents mentioned in the Particulars of Claim

 

(a) the executed regulated consumer credit agreement made between the defendant and xxxxxxxxxxxxxxxxx under reference xxxxxxxxxxxxx together with any terms and conditions that applied to it, .the original must be brought to hearing under cpr directions 16 paragraph 7.3

(b) the default notice together with proof of service the original document must be brought to the hearing

(d) a full and complete statement of account including all payments made and charges applied covering the period beginning with the day of the making of the agreement and ending on the date of the commencement of this case.

(e) any other documents on which the claimant will rely

 

2 In the event that the Claimant shall fail to comply with paragraph 1 of this order the claim shall stand struck out and the Defendant shall be at liberty without further order to apply to this court for judgment and for costs on the standard basis to be subject to detailed assessment proceedings if not agreed.

 

3 In the event of compliance with paragraph 1 of this order this case shall be allocated to the fast track and

 

4 The Defendant shall file and serve an Amended Defence by 4:00pm on (date) (being a date 6 weeks from the date of the making of the case management directions).

so folks this is ok for me to attach to section I of my AQ form?

[sunflower99]

On D where it asks What amount of claimis in dispute i assume i just copy the whole amount Restons stated on my POC?

Edited July 23, 2009 by sunflower99

[sunflower99]

so on D of AQ form i state the entire amount Restons put on my poc and under witnesses i just put Myself followed by my full name?

[citizenB]

Hi Andytorch!

Thanks for confirming it best not to add anything else ! so i will just send out the draft i poached from creditcardmugs posts in the layout in post 184!

 

Hi CitB

at least you been saved for a while from me writing a book for you to run your eyes over! Andytorch tells me the same as you always do! Keep it simple!

 

Just to let you know that mostly the advice I give has been hijacked from the likes of andyorch, IGNM, X20, PT, ViscountStair, CCM and others..

 

With regard to your questions above..

 

Yes, the amount of the claim that Restons are demanding.

You are a witness to all the facts.

[sunflower99]

Just to let you know that mostly the advice I give has been hijacked from the likes of andyorch, IGNM, X20, PT, ViscountStair, CCM and others..

 

With regard to your questions above..

 

Yes, the amount of the claim that Restons are demanding.

You are a witness to all the facts.

Thanks for confrirmation CitB and that draft for section I i take it! is alright better get it all done by tommorrow and send it special delivery to court!At least you got spared one of my books for moment ON Section I on form i will write see attached paper and then copy and past all the court references and claiim number on top of a seperate paper and then copy and paste the draft for directions!

[sunflower99]

Draft Order for Directions

 

If the court is in agreement, the defendant respectfully requests that special directions may be given as per the attached draft order.

 

The defendant proposes these directions in mind of the Overriding Objectives, and in particular the duty of the parties to help the court further them. The issues outlined below are the crux upon which this claim rests, and the proposed directions identify these issues and will allow them to be assessed in advance of the hearing so that this claim may proceed justly and expeditiously;

 

Without production of the requested documents, I am at a disadvantage and am unable to serve a proper defence. Failure of the claimant to supply the requested documentation will make the case much harder for the court to deal with as without production of the requested documentation will inhibit the courts ability to deal with the case.

 

The House of Lords in the case of Wilson v First County Trust Ltd - [2003] All ER (D) 187 (Jul) made it clear in paragraph 29 of LORD NICHOLLS OF BIRKENHEAD judgment

 

29. The court's powers under section 127(1) are subject to significant qualification in two types of cases. The first type is where section 61(1)(a), regarding signing of agreements, is not complied with. In such cases the court 'shall not make' an enforcement order unless a document, whether or not in the prescribed form, containing all the prescribed terms, was signed by the debtor: section 127(3). Thus, signature of a document containing all the prescribed terms is an essential prerequisite to the court's power to make an enforcement order. The second type of case concerns failure to comply with the duty to supply a copy of an executed or unexecuted agreement pursuant to sections 62 and 63, or failure to comply with the duty to give

notice of cancellation rights in accordance with section 64(1). Here again, subject to one exception regarding sections 62 and63, section 127(4) precludes the court from making an enforcement order.

 

should the claimant not have the documentation required to progress this case I suggest that there will be no case to answer

 

Therefore it stands to reason that these documents must be disclosed before this case can progress any further

1 The Claimant shall not later than 4:00pm on (date) (being a date 2 weeks from the date of the making of the case management directions) file and serve a verified true copy of each of the following documents mentioned in the Particulars of Claim

 

(a) the executed regulated consumer credit agreement made between the defendant and xxxxxxxxxxxxxxxxx under reference xxxxxxxxxxxxx together with any terms and conditions that applied to it, .the original must be brought to hearing under cpr directions 16 paragraph 7.3

(b) the default notice together with proof of service the original document must be brought to the hearing

(d) a full and complete statement of account including all payments made and charges applied covering the period beginning with the day of the making of the agreement and ending on the date of the commencement of this case.

(e) any other documents on which the claimant will rely

 

2 In the event that the Claimant shall fail to comply with paragraph 1 of this order the claim shall stand struck out and the Defendant shall be at liberty without further order to apply to this court for judgment and for costs on the standard basis to be subject to detailed assessment proceedings if not agreed.

 

3 In the event of compliance with paragraph 1 of this order this case shall be allocated to the fast track and

 

4 The Defendant shall file and serve an Amended Defence by 4:00pm on (date) (being a date 6 weeks from the date of the making of the case management directions).

I take it like i saw in other poeples threads about AQs Creditcardmug said to them not to worry about filling in dates for 1 and 4,That the judge will do it so i just put xxxxxx where dates should be?

[sunflower99]

On D where it asks What amount of claimis in dispute i assume i just copy the whole amount Restons stated on my POC?

Just found out i dont need to state the specific sum quoted on POC.all i need need to write is the word ALL and no figure thats nice and straightforward,

[sunflower99]

Bank writes off man's debt just before court hearing - Ripon Today

One encouraging court case!