Count Court Claim received MBNA\Optima

[vint1954]

Hi Vint, sorry at work so no time to scroll.. was the defence an embarrassed defence?

 

Naughty about the witness statement.

 

S.

 

Hi Shadow,

 

Not realy an embarrased defence. Main defence was surrounding the DN, which was defective on date and requesting full ammount. There was a partial defence on the legibility of the agreement requested under CPR, which was unreadable. They have supplied nothing more but confirmed that the Original does not exist. It was a flyer application form, that could not have had terms on the reverse.

 

Vint

[citizenB]

Hi Shadow,

 

Not realy an embarrased defence. Main defence was surrounding the DN, which was defective on date and requesting full ammount. There was a partial defence on the legibility of the agreement requested under CPR, which was unreadable. They have supplied nothing more but confirmed that the Original does not exist. It was a flyer application form, that could not have had terms on the reverse.

 

Vint

 

Would Harrison v Link come into play there ?

[vint1954]

Would Harrison v Link come into play there ?

 

Hi CB,

 

It may well do. I will have a good read. Was Harrison the claimant?

 

Vint

[vint1954]

Seems as though Harrison V Link may be appropriate. There was a flyer involved in that case.

 

Vint

[vint1954]

Thanks CB, I have replied.

 

Vint

[AndyOrch]

Hi Vint responding to your PM.

 

Have you asked the Court for a copy of their application/WS there may be a small fee, they should have served you a copy anyway as the application must be made on notice to enable you to respond.

Are you aware of any time frame, how do you know they have made application?

 

 

Andy

[vint1954]

Hi Andy,

 

Thanks for your quick response.

 

I have written and asked their Solicitors for a copy and have coppied my local court in.

 

I was made aware of the application, by Northampton sending me a note to say that the case had been transferred to local court for lifting stay, SJ & strike out of defence.

 

I have heard from my local court today, with notice that the stay has been lifted, with an SJ hearing in 2 months. No other details on the N24, save that they refer to documentation filed.

 

Vint

[AndyOrch]

Ok well its vital to get hold of that application and any supporting WS. I will run through your thread when I get chance in the meantime it may be an idea to request the Site Team to move this to Legal.

 

Regards

 

Andy

[vint1954]

Ok well its vital to get hold of that application and any supporting WS. I will run through your thread when I get chance in the meantime it may be an idea to request the Site Team to move this to Legal.

 

Regards

 

Andy

 

Thanks Andy

[ims21]

Thread moved to Legal Issues as requested

[AndyOrch]

Start to read up on this Vint you will base your objection along this CPR:-

 

 

 

3.4

The application should be made in accordance with Part 23 and should give the reason for the applicant’s delay in proceeding with or responding to the claim.

(Paragraph 8.2 of Practice Direction 6A contains provisions about service by the court on the claimant of any notice of funding filed with a defence.)

 

Regards

 

Andy

[vint1954]

Thanks Andy. I will have a good read.

 

Regards

 

Vint

[citizenB]

Yes, Harrison was the Claimant

 

I am sure there is another one.. I will try and find some details.

[vint1954]

I assume that if I am reading this correctly, I can apply to have the stay reimposed under Part 3.4 and 23.7

 

Service of a copy of an application notice

23.7

(1) A copy of the application notice –

 

(a) must be served as soon as practicable after it is filed; and

 

(b) except where another time limit is specified in these Rules or a practice direction, must in any event be served at least 3 days before the court is to deal with the application.

 

(2) If a copy of the application notice is to be served by the court, the applicant must, when he files the application notice, file a copy of any written evidence in support.

 

(3) When a copy of an application notice is served it must be accompanied by –

 

(a) a copy of any written evidence in support; and

 

(b) a copy of any draft order which the applicant has attached to his application.

 

(4) If –

 

(a) an application notice is served; but

 

(b) the period of notice is shorter than the period required by these Rules or a practice direction,

 

the court may direct that, in the circumstances of the case, sufficient notice has been given and hear the application.

 

(5) This rule does not require written evidence –

 

(a) to be filed if it has already been filed; or

 

(b) to be served on a party on whom it has already been served.

 

Vint

[vint1954]

I have also not been able to find anything on time limits in relation to lifting a stay.

 

25 months seems excessive.

 

Vint

[vint1954]

Yes, Harrison was the Claimant

 

I am sure there is another one.. I will try and find some details.

 

Thanks CB

[Ganymede]

I have also not been able to find anything on time limits in relation to lifting a stay.

 

25 months seems excessive.

 

Vint

 

 

 

That's because there isn't one. It's at the discretion of the DJ.

[asokn]

That's because there isn't one. It's at the discretion of the DJ.

 

To add to the above, it's not at all unusual for claims to be stayed for years and then be proceeded with. Ultimately you have suffered no real prejudice by the delay and have taken no steps to lift the stay yourself so I'd be surprised if the application was refused. In my opinion you should be focus your time on the substantive application for summary judgment; that is much more of an issue.

[vint1954]

Well,

 

Still no response from Optima regarding a copy of the application to lift the stay and their witness statement.

 

Perhaps I should apply for an or else order from the court.

 

Vint