*URGENT* help needed with defence

[kylie1dw]

Any help will be gratefully received. Have spent hours reading saved all relevant links and had started wading through my defence. Then disaster, my comped died, hours of work and all info lost.

 

Have managed to borrow someones comp for the day and need to get my full defence written up today and handed into the court.

 

Brief history so far: Me vs Arrow Global (MBNA)

 

Received court claim papers 13 March 2009 - defended total claim, sent cpr request etc. claim stayed

 

received notice of filed defence and AQ 18 November 2009 - sent defence and draft order for directions.

 

received allocation to small claims on 17 January 2010 (the notice is actually dated 31 December 2009 but obviously went walkabouts in the post) this allocation notice had the draft order for directions attached date stamped 21 Dec 2009 by DJ Devlin. Court date is 2 March 2010.

 

received from Arrow Global (or rather Weightmans) on 18 Jan 2010 copy of their defence.

 

Draft order asks for credit agreement - I have received copy of application form and separate pages for terms and conditions. This I presume doesn't confrom as prescribed terms not present on application and no mention of credit limit or apr rate.

 

Default notice (enforcement, Default and Termination) - not sure what the enforcement bit is but default notice dated 22 Jan 2008 and due by date is 5 Feb 2008, this doesn't allow 14 days so I presume this is not properly executed and termination notice is dated the 6 Feb 2008.

 

Document, contract or deed of assignment and notice of assignment with proof of service- sent letter of assignment from MBNA dated 11 May 2009, and yes 2009 is correct and is dated after they filed their initial claim. They also sent a covering letter with it which I have no idea whether it has any legal standing or not. See below:

 

We can confirm that any request for information relating to deeds of assignment and/or a contract giving rise to assignment cannot and will not be provided. It is submitted that such documentation has no bearing on this claim and that the notice of assignment served by the original creditor (MBNA) is sufficient to prove assignment. It would therefore be disproportionate to to the issues raised to have to provide it. Futhermore, to provide such documentation would breach principles of not only commercial confidentiality between the contracting parties but also raise issues of data protection as the contract sought would have related to a number of accounts in addition to this one.

 

We have forwarded the same documentation to the court and provided the same explanation to the absence of the sought deed.

 

We are extremely confident of sucess at trial blah blah blah

 

Really don't know how to approach that.

 

Draft order also asks for copies of all statements for the duration of alleged agreement to establish a balance. They have sent nothing on this score so I presume they have not complied fully with the draft order.

 

Just so you know their claim is for £379.93 and this is made up entirely of charges and interest hence why the need for statements.

 

If anyone has a defence handy that I can change to suit my needs or has the link to posts containing some of this info I would be very appreciative.

 

So my defence will basically be non compliance of a valid cca, an invald default notice, and invalid notice of assignment. As they haven't complied fully with the draft order can I ask for it to be struck out?

 

And also, if I referenced other cases does that mean I would have to provide a copy of the entire case or can I just quote extracts? If the entire copy is needed then I won't have time so won't be able to use.

 

Also, as time is of the essence to get a defence in as per draft order instructions, will I also be able to add further to the defence later as court rules say 14 days before hearing.

 

All help gratefully received.

[kylie1dw]

I appreciate this is very short notice and realise I won't get the help I asked for so could anyone help me with what section of the consumer credit act 1974 I should cite in my defence with regards to non compliance of a properly executed agreement i.e. no prescribed terms on same sheet as signature and no credit limit or apr rate?

 

Also, does anyone have any ideas on how to tackle there excuse for no deed of assignment

[palomino]

You can find the Act here - Results within Legislation - Statute Law Database

 

You'll have to do a quick search through the index to find the bit you want.

[kylie1dw]

Thanks for the reply will have a look now.