Link Claim Forms -MBNA debts

[Prudence]

Thanks Andy that's what I suspected.... and....no chance!

[Prudence]

Hi, does anyone know if Andy is around? I need to send to the Claimant and the Court "documents upon which" I wish to rely, statements of all witnesses etc.

Could someone please help me sort out what I need to send here. I was thinking of sending a copy of the SAR documents I received fromLink. I have already sent the PPI calculation spreadsheet with my counterclaim.

Can anyone advise please, as I have to send them off tomorrow? Many thanks. Oh, and as for witness statement - there is only myself. Do I need to send one and if so how will it differ from my Defence document?

[Old Cogger]

Pru P.M. him.

[citizenB]

Pru, he doesnt appear to be around at the moment.. did you send a private message? I could leave a message on ST notice board for you.

 

Are you having to send the documents or a disclosure list ?

 

Disclosure list.

 

It is my understanding that you have to list everything that you have mentioned or hope to rely on, in your disclosure list.

 

Then you swap them - then you both have the opportunity to request copies of documents off each others lists.

 

If it is the actual documents that require sending then.. exactly the same - you need to copy 3 times.. 1 for the court - 1 for the opposition and one spare (as you will also have the originals and they must also be taken to court) The Spare is also a good idea because it has been known for either the Judge or the opposition not to have their copy and you will be obliged to hand yours over ?

 

If you havent disclosed/mentioned a document - you WILL NOT be allowed to rely on it in court.

 

HTH

[Prudence]

Mike, CB, thank you very much to responding to my distress call!

Yes, I have PM'd Andy so I know he will reply as soon as he is able. I don't know how you all do it, you give so much of your time to people, it is really heartwarming to see how many people you have helped. And you obviously have your own lives/ issues to deal with.

OK, I will put together the documents. Good point re the extra set. No they do not mention the word "Disclosure" - what is the difference between 'sending documents' and a 'disclosure list' ?

Many, many thanks, Pru

[Andyorch]

N265 Standard Disclosure Pru?

[Prudence]

Hi Andy,

Do I need to complete that form? On the notice it just said "the parties must file at the Court and serve on the other party not later than 14 days before the hearing the following: (a) copies of all documetns upon which they wish to rely (b) statements of all witnesses (this includes both the Claimant and the Defendant) upon whose evidence you wish to rely. The statements shall be typed dated and signed by the witness and stating that he/she believes that the facts stated in teh witness statement are true." etc etc

How should I set out my witness statement?

Many thanks, Pru

[Andyorch]

Yes Pru the N265 which you can download.Prepare 2 sets one for the Claimant and one for your file.With regards to WS if you have not prepared one or been told to prepare one then there is no inclusion.

Check your Notice of Allocation and directions of the DJ.

 

Regards

 

Andy

[Prudence]

Thanks Andy. Did you get a chance to look at my pm's?

[Andyorch]

Yes Prudence.

[Prudence]

Just wondering if you have any thoughts on their WS?

[Andyorch]

I have made a few notes Pru but appear to have miss placed them .....give me an hour to clear the desk:wink:

[Prudence]

Of course, thank you

[ims21]

Hi Pru

 

As far as the interest is concerned, it doesn't have to follow what the bank's T&Cs are.

 

Each day the bank have had your money they have made profits on it so you are entitled to compound your interest daily. You don't even need to use their own interest rate, you can use a higher rate because not only have they taken interest from you but they have also loaned that money to others who would have paid interest as well.

 

This is where the unjust enrichment comes in because if the items on which you are claiming are unlawful then any profits earned by the bank on those items ( and the interest they charged you ) are unjust and they should be relieved of those profits.

[Prudence]

Thank you so much IMS, brilliant. Pru

[ims21]

Hi Pru

 

Just got in from work and got your latest PM.

 

Hope you are sorted now.

[Andyorch]

Ok they are rather vexed at the application to amend the defence and the reason is not that they did not receive a copy but because their WS is now insignificant without your error.Hence the bolstered Skelly.

Stand your ground tomorrow Pru don't be side tracked or blustered by their council, stick to your defence and your claim, if you are not sure of anything ask for them to explain if you are at a loss for anything request an adjournment to seek further advice.

Don't let their council lead the DJ. question everything.

 

I wish you well

 

Regards

 

Andy

[Prudence]

I will, a big and even huge THANK YOU Andy

[underdog13]

Best of luck with your case, Pru

[Prudence]

Aw thanks very much underdog! I will report back here tomorrow xx

[underdog13]

You're welcome, Pru - really hope it goes well for you! xx

[Prudence]

Hi guys, just to update, don't want to say too much but my case was adjourned (my request) for me to seek further legal advice, which I am. I need proper legal representation as nothing was accepted from me, which I will now be seeking. Even when there was doubt it was 'assumed' the other side were correct. It was quick shocking actually. Pru