AIB Visa Card - Applied for Summary Judgement

[markrob]

Many thanks to everyone for all the help and info. AIB's sols have finally sent the attachments to the app for summary judgement and I attach what I feel are the relevant ones. Please let me know if you would like to see any of the others. I would be very grateful if anyone could give me advice on my defence, please.

 

I asked for a second time for a copy of the CCA under CPR 31.14 and the sols have replied that they do not think it is necessary for them to comply with this request! I can put up copies of the sols recent ltrs if of interest. I find them so arrogant and obnoxious as they try to undermine, belittle or ignore all the action I've taken up to now. I do hope I can put up a strong defence to their pathetic case.

 

Many thanks, Mark.

DM1.pdf

DM2.pdf

DM5.pdf

DM8-DM10.pdf

[markrob]

Dear Gez and all, I hope someone is able to give me advice on this, please?

 

Best regards, Mark.

[markrob]

Hi Guys, hope all is well. I have to say I'm getting a little concerned that I've not heard from anyone for over a month. I know my hearing is not till 24th June but I would really appreciate it if someone could just let me know that they are able to advise on my defence, please....Mark.

[gh2008]

Well, IMHO this is a case of an 'old fashioned' S61, s65, s127(3) case with a defective DN thrown in for good measure.

 

Termination after defective DN = onl;y arrears recoverable through enforcement

 

BUT

 

No signed agreement = no enforcement FULL STOP

 

 

This is a totally unenforceable agreement using the CCA and has become a common law debt.

 

You need to read up on some of teh older cases that used S62, s65 & s127(3) for the arguments.

 

REMEMBER Carey was ONLY ABOUT FULFILLING S78 REQUESTS TO ENABLE ENFORCMENT NOT ACTUAL ENFORCEMENT

 

i.e. the creditor has to go through certain hoops to be able to apply for an enforcement order - Carey clarified how a creditor can comply with those hoops

 

say that to yourself 20 times a day

Edited May 26, 2010 by gh2008
hopefully made it a little clearer

[markrob]

Thanks for your advice. I'm really getting worried now as I need to draft my defence and I haven't a clue where to start! Can anyone send me any links to previous cases I should look at in order to prepare something, please? Caggers gave me the impression they would help draft my defence but I'm beginning to think I've been left on my own and I don't know what I should do or where to turn to! Can anyone throw me a lifeline, please? Mark.

[gh2008]

What have you come up with so far - which threads have you searched for info?

[means2anend]

Kuits should be reminded that Emma Carey was the Claimant and HHJ Waksman said that when her CMC sought to introduce s78 as ABSENT of PROOF OF EXECUTION by hoping that by default the HSBC would not be able to supply a copy) this would not be the purpose...it only goes to information purposes...Kuits is now the CLAIMANT they are now seeking to rely upon the introduction of a copy as PROOF of execution in the same way as Carey...but HHJ Waksman statement stands for them too!!!!!

 

Your DN iS FAULTY and has been terminated upon the back of that in the sense that you were not given the required rectification period...hence an UNLAWFUL RESCISSION has taken place.

 

Your defence MUST mention these factors as these are the documents THEY are intending to RELY UPON.

 

m2ae

[means2anend]

Kuits states that they have reconstituted the agreement on the 'ASSUMPTION' that this is WHAT IT WOULD HAVE looked like at that time.

 

Again HHJ Waksman says in his judgemnent that a reconstituted copy MUST NOT BE A MERE ASSERTION but a TRUE and HONEST and ACCURATE COPY...you can rely on Kuits own letter stating this as evidence that they are ASSUMING that it is a TRUE COPY.

 

It's a gift from them to you;)

 

m2ae

Edited May 31, 2010 by means2anend

[means2anend]

Markrob!

 

Sometimes you may be asked by a judge at the beginning something to the effect of 'well do you owe the money?''

 

How would you reply-here are some interesting angles

 

http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/191353-what-if-judge-asks.html

[markrob]

Thanks gh2008 & M2ae. I'm afraid I'm not in the right frame of mind to research this thoroughly at present. A close family member had a dreadful fall some weeks back, was in a coma and has now passed away. I'm having to comes to term with this and arrange a funeral etc.

 

I was really looking for someone to give me any links to similar cases that I can use to draft a defence. There doesn't seem to be a search facility on the site to check for cases dealing with the specific parts of the CCA applicable to my case; I will have trouble finding the time to wade through the 100's of threads to try to find any relevant ones. I would really appreciate specific help on where to go on this. Many thanks, Mark.

[gh2008]

I would seriously consider applying to the Court for more time then.

 

Seriously there is no point in submitting template defences - they get shot down at the first hurdle and you end up getting stung for costs as well.

 

At the end of the day whoever presents your defence needs to know the reasoning behind every word and be able to stand up in Court and show the reasoning behind it in front of a Judge.

 

Get yourself down to a free consultation solicitor and get help in applying for more time.

 

All the best

 

gh

[markrob]

Thanks gh but I'd really like to get this sorted out now, if possible. From the comments I received when I first started this thread it seemed an open and shut case and AIB didn't have a leg to stand on?

 

Is there any way I can contact GezWee as he gave the impression he was going to draft up a defence for me but has been silent for a few weeks? Failing that I'll have to make time to research the threads and draft up my own defence for comment! Mark.

[markrob]

All docs defence + interim charging order.zip

[markrob]

Can someone please help urgently as I'm sick with worry and stress. I'm not sure if I should start a new thread as things have moved on? I seem to have made a mess of things. The summary judgement was ridiculously found in favour of AIB despite what I thought was a watertight defence as AIB had absolutely no proof that I had ever taken out a cc with them and their solicitor admitting as much! I was so shocked by this judgement that I have written to the court twice to check what went on as I can only think that due to some administrative error my defence was not presented to the judge! To my horror I've now received an interim charging order and notice of a charging order hearing on 21 Oct.

 

I attach my defence, letters to court and an interim charging order. I want to organise a defence, especially as there is no, or very little equity in my property. My 2 mortgages total about £123k and the house is worth about £125k, they are claiming £11,228.27, which really amounts to extortion as the original debt claimed was about half this! I also want to get to the bottom of how a judge could possibly come down in favour of AIB without any legal basis for their claim and appeal if at all possible?

 

Can anyone please advise on how I should proceed and who can help me?