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    • Hi everyone, I have an update on my case that I’d like to share with you all.  so after submitting 371 pages in my bundle, a witness statement and skeleton argument for my court case due to take place in Manchester on June 21st I got an email from my litigator stating that hmrc have pulled out and the case is now closed!    this is the body of the letter….. This letter, which is copied to the Appellant, pursuant to Rule 17 of the Tribunal Procedure (First-tier Tribunal) (Tax Chamber) Rules 2009, the Respondents gives notice to the Tribunal of their intention to not defend the above appeal.   The Respondents respectfully invite the Tribunal to allow the appeal and close its file. In lieu of the above the Respondents would respectfully ask the Tribunal to vacate the hearing scheduled for Friday 21 June 2024. We would accordingly invite the Tribunal to close its file. Obviously this is extremely good news which hasn’t sunk in that after 3 years of fighting it is over.    I do have a further fight on my hands in that the Group Action I had joined with Independent Tax that had been disbanded in November last year and I chose not to continue with them. They are trying to bill me over 5k for the work they did under that Group Action which is ludicrous bearing in mind the whole point in joining was that it would keep the cost to a minimum as it would be shared between us all. They had asked if I wanted to continue to have them represent me on an individual level which I declined, if I hadn’t, goodness knows what they would have been trying to charge me now. 
    • President Ruto says Kenyans pay less tax than citizens in some other African countries.View the full article
    • As PM Sunak really showed his true colours at the D Day Commemorations by doing what? Oh I am the British PM lets just leave early I have better things to do and as he is called out on disrespecting all those veterans that served our country for the freedoms we have today he gives a groveling apology to little to late. He knew about this event for a long time and also knew that this is probably the last D Day Commemoration due to the age of those Veterans who gave so much for there countries freedom. Even on the day of the D Day Commemoration he still could have changed his plans As PM and stayed but choose not to showing such DISRESPECT to those Veterans, those that lost there lives and Families for the Freedoms we have today Being a Veteran myself I have never known a PM to show such disrespect what the hell was he thinking SHAME ON YOU PM SUNAK  
    • Thanks. We'll try to help over the weekend. If the hearing is on 05/07 then it's 90% sure that the deadline for filing your WS is 21/06.
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MBNA/Reston threating court action


jason_mnm
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Hi Westie How r u? thanks for your reply.

 

Actually it is not this case.. some other case specifically about bank's failure of their duty and care...

 

tut :rolleyes: hope someone can assist you soon then....every little helps

 

Re your SAR & what diddydicky just said I take it you do have the POD

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Hi Jason,

 

You should keep reading up on defence issues in the Legal Issues forum to prepare for a full defence if the bank amend their POC.

 

:)

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you cant really do anything more until you get all the information you require

 

forming a defence based on partial information could be disastrous- you need all the facts

 

you could do some reading up on other threads in a similar vein in the meantime and download some defences to get the idea of how you go about things

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You could also read the following threads as to how to behave in court and what to expect.

 

EMPTY DESK TRICK

 

http://www.consumeractiongroup.co.uk/forum/legal-issues/108467-basic-introduction-consumer-credit.html

 

 

 

HTH

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Re Phatram's BUMP 2 posts back, Fairbyblue's Restons thread is here - http://www.consumeractiongroup.co.uk/forum/dca-legal-successes/170484-fairbyblue-mbna-restons-court.html

 

I sent this to Jason ages back by PM. :cool:

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Hi Jason,

 

Yes, you should now wait to hear further from the court.

 

:)

We could do with some help from you

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Will you guys kindly tell me How can I use this case MBNA –v- Thorius for my defence, cause my case is similar to this case.

 

Langster documents is really well put on this thread (not sure if you had it in your subscribed threads already?

 

Some of this Extracted ....."is well worth reading, printing out and referring to if anybody is facing a situation where the claimant has not produced all of the contemporaneous documentation and seems to be relying on a different set of terms and conditions than the ones in force at the time of the contract… it is for the claimant to prove their case and, if they are advised by Solicitors, there can be no excuse for any shoddiness or gaps in presentation of their evidence or the documentation."

http://www.consumeractiongroup.co.uk/forum/mbna/243487-mbna-lynne-thorius-solicitors.html

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Go through the coms log carefully to see if there's anything useful to your case.

 

Does the credit agreement appear to be exactly the same as you received before.

 

Have you had replies yet to the CPR 31.14 and 18 letters.

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Hi Slick thanks for your reply.

 

I do not know if I ever signed a credit agreements.

 

They have not replied to my CPR 31.14 or 18 letters.

 

The application form or so called credit agreements supplied is the exactly same as the one used in MBNA –v- Thorius case..

Does that mean I can use the above case law in case it goes to hearing....

I will try to upload the application form for you..

Also SAR only supplied for last 6 years, not from begining. seems they have hide it intentionally as it has PPI payments on them...

Should I sent one more SAR to get the statements from begining..

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  • 2 weeks later...

Hi jason - you have gone quiet - how's it going? - I am waiting for Restons to respond to my defence - just not very good at waiting - it was so manic getting the defence ready and this lull is really strange.

Halifax Card (OH) -2.9% reinstated - Sucess!

Santander/House of Fraser (1) PPI Refund plus 8% plus LOC

Santander/House of Fraser (2) PPI Refunded plus 8% plus LOC

Penalty Charge Notice - Representation accepted and PN cancelled - £120

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  • 2 weeks later...

Here we go.. I am back...

 

I had no reply for my CPR 14 and 16 request.. but today I received AQ from Northampton.. and it gives me to file the AQ by 05 April 2010..

 

What does that mean? Does that mean MBNA/ Restons has not replied to my defence in 28 days to court? So the court send the AQ?

 

The AQ says ' A defence has been filed. I guess it talks about the defence that I have filed.

 

I do not understand why Court sed me the AQ. They should send it to Claimant...

 

Anyway I need ur kind expert help again..

Edited by jason_mnm
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Hi PT thanks for your reply..

 

No, I have not send copy of the CPR letter to Court, but I did wrote in my Embrassed defence about the CPR letters that I had sent..

 

Also to let you know I have received SAR from MBNA 3 weeks ago which included A copy of the application form and communication log and statement from 2004, but this account was opened in 2001..

 

Funny the application form has the signature which is not my official signature at all.. Also this application form look same as the MBNA –v- Thorius case..

 

This application form (without my official signature) has tick for NO PPI. But statements that I got in 2001 and 2002 have PPI payments...

Edited by jason_mnm
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ah

 

ok, the AQ is to assist the court on case management, it is a simple document which both parties complete and send to the court

 

 

If you have not had disclosure, how can you defend? i mean how can you raise a proper defence that the agreement is improperly executed for example if you dont have the agreement? common sense says you cant

 

I think you have walked into a problem by this, a request for an extension ( see CPR 15.5) of 28 days would have been proper along with a request for disclosure and in default of that request would give rise to an application for disclosure

 

thats how i would have dealt with this, in my day job

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