Varde/Brachers claimform - MBNA card

[AndyOrch]

Any chance you can post it up

[Smoothound]

No problem

 

[AndyOrch]

Ok so you have your 56 days now from service.Inform Brighton and attach a copy of their conformation.You can also request transfer at the same time to your local CC.

Now you have their agreement Smooth don't be too quick to submit that application, 2/3 weeks give them the benefit of the doubt and see if they do disclose.

 

Regards

 

Andy

[Smoothound]

Is there a form to change the court and inform them of the extension or just a copy of their letter and a covering letter combining both?

[AndyOrch]

Just a covering letter with their conformation attached.In your letter state pursuant to CPR 15.5 agreed extension and simply request a transfer from Brighton.

 

Andy

[Bazooka Boo]

 

For the avoidance of doubt this will extension will come to an end on January 5th 2012.

 

And they believe that people are going to take that computer generated bowlarks seriously?

[Smoothound]

For the avoidance of doubt this will extension will come to an end on January 5th 2012.

 

And they believe that people are going to take that computer generated bowlarks seriously?

 

Made me snigger a bit too BB

[Smoothound]

Just a covering letter with their conformation attached.In your letter state pursuant to CPR 15.5 agreed extension and simply request a transfer from Brighton.

 

Andy

 

Thanks again Andy. Letter written I assume a photocopy of their agreement is ok not the original?

[AndyOrch]

Yes thats fine Smooth

 

Andy

[Smoothound]

Should I get an acknowledgement from the court or will they just mark the case with the new date and say nothing?

[AndyOrch]

No not on the defence date but you should receive notification re transfer, you will need to check after the transfer the new defence date.

 

Andy

[Smoothound]

Just realised I'm going to have to watch my dates carefully due to the Xmas period. Don't want to find I can't do something because the court is closed! I'll phone the local court and check once I get confirmation of the transfer obviously!

 

How long should I give them to produce the documents before I file my N244 taking into account the above?

[Bazooka Boo]

Not sure, sorry can't answer that on a good day least of all thinking about the Christmas period!

[car2403]

Just realised I'm going to have to watch my dates carefully due to the Xmas period. Don't want to find I can't do something because the court is closed! I'll phone the local court and check once I get confirmation of the transfer obviously!

 

How long should I give them to produce the documents before I file my N244 taking into account the above?

 

7 days - this should have been disclosed with the claim and the Christmas period is irrelevent, as they can serve these documents by email, etc, anyway. Don't give them an inch!

[Smoothound]

7 days - this should have been disclosed with the claim and the Christmas period is irrelevent, as they can serve these documents by email, etc, anyway. Don't give them an inch!

 

I don't plan on giving them an inch but it was intimated in one of the above comments that as they had allowed the extension I should give them a bit of time to produce the documents now! I am phoning the local court today to check that the case has been transferred there and that the extension has been added. If I receive nothing in todays post from them I will be sending in my N244 application

[Smoothound]

Phoned the court but it's not been transferred yet. The letter was signed for on the 6/12/11. The girl said if I've agreed a new date with the claimant and sent the letter in to the other court that will be the date for filing my defence. I'm going to ring the other court now to be sure

[Smoothound]

Hi smooth,

the N244 is reasonably straight forward, I will go through it section by section.

 

1. Name "Smooth Hound"

2. "Defendant"

3."The Defendant requests the court to enforce the Defendants request pursuant to CPR 31.14 upon the Claimant and supply the documents as per the Defendants written request dated blah.

The Defendant has requested an extension of 28days to file their defence and to allow the Claimant to supply documents the Claimant has given no written confirmation (if needed)" Something like that anyway

 

4. YES

5. WITHOUT A HEARING (Cheaper for you)

6. LEAVE BLANK

7. LEAVE BLANK

8. DISTRICT JUDGE

9. CLAIMANT

10. EVIDENCE SET OUT BELOW

 

"The Defendant by registered post requested copies of documents mentioned in the Claimants particulars of Claim the request was dated blah and received upon blah (attach CPR request). The Claimant has stated in a letter dated blah that they only need to disclose documents after a defence is filed (attach letter). The Defendant is unaware of any such rule or direction. The Defendant is aware of CPR 31.3 which gives the right to inspect any document disclosed, the Claimant in their particulars of claim has disclosed documents. The Claimants representative has stated they do not currently possess the documents to substantiate their claim. The Defendant believes that the claim is therefore vague and generic in nature.

 

The Defendant requested more time from the Claimant in writing dated blah pursuant to CPR 15.5 the Claimant failed to respond to the Defendants request. (if applicable)

 

The Defendant request the Court to enforce the Defendants CPR 31.14 request upon the Claimant. If the Claimant fails to supply said documents the Defendant requests the claimants case is struck out.

 

The Defendant requests costs for the Claimants failure to adhere to CPR 31.14." again its a bit rough but you get the gist.

 

I hope that helps a little.

 

PM

 

 

PS The cost will be £45 without a hearing, £80 with a hearing. Please double check this.

 

I'm just finishing off my N244 and have filled it out pretty much as suggested by Mr Pieman above. I've deleted the bit in red as they granted me an extension to file my defence till 5/1/12. I will attach my letter asking for the documents and Brachers apparent refusal. I've heard nothing from Brachers regarding the requested paperwork so I'm assuming it's time to turn the screw.

 

I'm a bit confused about point 9 on the N244 as all my letters have gone to the Claimants solicitors but I'm advised above that the N244 should say Claimant?

[Smoothound]

Not sure how others get on with filling out the form online but I find that the fields for claimants and defendants name and address are too small and overlap each other so I think mine will be part printed part written

[Mr-Pieman]

Not sure how others get on with filling out the form online but I find that the fields for claimants and defendants name and address are too small and overlap each other so I think mine will be part printed part written

 

Hi Smooth,

you don't need to put the Claimants address on the N244 just the case number and any ref's given on their POC in the Claimants name section. Regarding section 9 simply put "Claimant" the court will do the rest it's not your problem that's the courts job who they post it to. The N244 goes to the court, remember you need 4 copies of everything. Send the lot off, the court will pop their seal on them send 1 to you, 1 to Claimant, 1 to file and 1 for judge.

 

You requested information they chose to issue without it let the court enforce your request and give you costs. The Claimant has been unreasonable and is trying to frustrate you. They have given no time frame when you will receive them and time is now up.

 

Post it off special delivery and enjoy Christmas and forget about them.

 

Thanks

 

PM

[Smoothound]

Ah right!

Thanks again Mr-Pieman

 

I was over complicating it

 

As far as I can see there are no refs in the POC the only ref numbers I can see are under the Brachers address in the address for sending payments to!

 

I'm pleased you mentioned about 4 copies of each document as I wouldn't have known that

 

So what actually happens to my defence date once the N244 is in and the court has contacted the Claimant?

[Mr-Pieman]

Hi Smooth,

with regards to your defence I'm unsure I think you have to submit something obviously you are unable to plead on most of their POC. I would keep it short and sweet.

 

Ok this is rough please get other opinions I've cobbled it together from other sources (thanks all)

 

1. I Smoothound of ADDRESS am the defendant in this action and make the following statement as my defence to the claim made by VARDE.

 

2. Except where otherwise mentioned in this defence, I neither admit nor deny any allegation made in the claimants Particulars of Claim and put the claimant to strict proof thereof.

 

3. The Defendant due to the vague and generic nature of the Claimants Particulars of Claim requested further information under CPR 31.14 Disclosure and Inspection.

 

4. The Defendant sent the Claimant a request under CPR 31.14 via Royal Mail Special Delivery (attached), the Claimant failed to respond to the request in the allocated time with the requested information. The Claimant has stated in letter dated blah (ATTACHED) that they do not need to supply documents until a defence is filed. The Defendant is unaware of any such rule or direction. The Defendant is aware of CPR 31.3 which gives the right to inspect any document disclosed; the Claimant in their particulars of claim has disclosed documents. The Claimants representative has stated they do not currently possess the documents to substantiate their claim.

 

5. The Defendant has made an application dated blah (ATTACHED) forcing the Claimant to disclose documents mentioned in their particulars of claim.

 

6.The Defendant is unaware of any notice of assignment dated blah between MBNA and Varde, the Defendant has received no such notice no member of the Defendants household is aware of any such notice. The Defendant is unable to plead on any assignment dated blah the Claimant has supplied no evidence that any such notice was served upon the Defendant.

 

7. The Defendant is unable to plead regarding the Claimants claim that a debt is due. The Claimant has supplied no statute notices and/or notices served under the Consumer Credit Act 1974 or any other related act relating to a credit card as claimed.

 

8. The Claimant has failed to set out how the figures claimed are calculated nor do they set out the nature and scope of any charges contained within the figure claimed.

 

9. The Claimant has failed to provide a true copy of any regulated agreement and/or agreement at all and any applicable terms and conditions that relate to the credit card agreement mentioned in the Claimants particulars of claim.

 

10. The Defendant has never received any payment requests or communications from Varde blah requesting payments. The Defendant believes that the Claimant does not possess the required Consumer credit license and this action is therefore flawed and the Claimant may be committing an offence. The Claimant only possesses a Class A consumer credit license. (Something like this)

 

11. I respectfully ask the court to use its case management powers to order the Claimant to disclose all of the information requested within this defence document as it is vital to allow me the opportunity to defend this action properly and would be unjust and totally unfair to allow this action to continue without allowing me the opportunity to view the documents which form the basis of this claim.

 

12. I respectfully request the courts permission to submit an amended defence should the Claimant file a fully particularised Particulars of Claim and/or the Defendants application prove successful.

 

Statement of Truth

 

I SMOOTHHOUND, believe the above statement to be true and factual

 

Signed SMOOTH

 

Date BLAH

 

 

 

something like that very rough I know

 

PM

[Mr-Pieman]

Hi Smooth,

the Claimant is been unreasonable by not disclosing to actually make that rubbish up about disclosure after filing a defence is just trying to mislead you. But they do try it on, if you make the court aware of their shenanigans it can't do any harm. Hopefully the judge will kick them into line.

 

In my opinion trying to collect on CCA1974 debt without the license may sink them before they start, this could be why they don't mention it in their POC they are trying to make out it's a simple common law debt. It certainly adds fuel to the fire though.

 

At the end of the day anyone can send a claim with a credit card number on it doesn't mean it due and owed to the Claimant does it? Any fool can dumpster dive and get a CC statement or letter from the OC.

 

PM

[Smoothound]

Anyone else care to comment on this as I really need to make a decision and get wheels in motion

[car2403]

I can't see how you can defend on this, as the claim isn't particularised correctly. Now they've had a chance to particularise properly and haven't taken it, where does that leave you, exactly?

 

Something needs to happen to have them confirm what the claim against you is - that is either, a holding defence because you haven't had the details/documentation that you need to defend properly, or an application to the Court from you asking for the same.

[Smoothound]

I can't see how you can defend on this, as the claim isn't particularised correctly. Now they've had a chance to particularise properly and haven't taken it, where does that leave you, exactly?

 

Something needs to happen to have them confirm what the claim against you is - that is either, a holding defence because you haven't had the details/documentation that you need to defend properly, or an application to the Court from you asking for the same.

 

Well I'm going to send my N244 in shortly asking the court to force them to disclose the documents I've asked for as advised already which have still not materialised. I'm not sure what I need to do about my defence which needs to be in by 5/2/12. I don't want to end up losing because I've not filed a defence!!