MBNA - Link County Court Claim - ** CASE DISMISSED**

[manc1976]

Thanks guys, I wasn't sure what to do for the best, and nice to see you again Andy

[manc1976]

Ok, first off I need to get my OH to sign up to MCOL and acknowledge the claim and state that we will be defending the claim.

 

Secondly, if I am right then I need to send Link the letter that is on this thread (CPR 31.14 Request):

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?159445

 

But I also believe that I should also ask for an extension of time (CPR 15.5), how do I incorporate this into the CPR 31.14 letter??

 

Instead of posting this to them, would it be sufficient if I was to email it to them? Failing that, I will send it recorded delivery.

 

As 42 has said earlier, I will be requesting all documents that are stated on the POC, aswell as copy statements.

 

Back to the question that is worrying me. What am I to do about being away from home during this important period. I can communicate with Link and the Court via email.

 

I need some re-assurance on this please guys.

 

Many Thanks

 

Manc

[payingonlyencouragesthem]

Forgot to mention that they are claiming over £8k which includes a shed load of interest charges !!

 

It will thus be allocated to the Fast Track in all probability. Link have become incredibly litigious in the last couple of years and seem quite willing to spend a fortune fighting the most marginal of cases. They have quite a knowledgeable in house para legal team with a lot of combat experience. You need to tread carefully here otherwise you will just end up with a CCJ plus a shed load of costs to add to your woes. If this goes to court you will need to hire a barrister as they almost certainly will.

[manc1976]

Here is what I am going to send to them today by Special Delivery, so that they get it by tomorrow and then have until next Friday to furnish me with the required documents. This will be the last day I will be in this country, so I will have to do any further communication with them by email.

 

Dear Sir,

 

Re: Link Financial v Manc1976 Case No:

CPR 31.14 Request

 

On 2nd December 2010 I received the Claim Form in this case issued by you out of the Northampton County Court.

 

I confirm having returned my acknowledgement of service to the court in which I indicate my intention to contest all of your claim.

 

Please treat this letter as my request made under CPR 31.14 for the disclosure and the production of a verified and legible copy of [each of the following / the] document(s) mentioned in your Particulars of Claim:

 

1 the agreement. You will appreciate that in an ordinary case and by reason of the provisions of CPR PD 16 para 7.3, where a claim is based upon a written agreement, a copy of the contract or documents constituting the agreement should be attached to or served with the particulars of claim and the original(s) should be available at the hearing. Further, that any general conditions incorporated in the contract should also be attached.

 

2 the deed of assignment

 

3 the notice of assignment

 

4 the default notice

 

5 the termination notice

 

6 copy statements for the duration of the agreement

 

You should ensure compliance with your CPR 31 duties and ensure that the document(s) I have requested are copied to and received by me within 7 days of receiving this letter. Your CPR 31 duties extend to making a reasonable and proportionate search for the originals of the documents I have requested, the better for you to be able to verify the document's authenticity and to provide me with a legible copy. Further, where I have requested a copy of a document, the original of which is now in the possession of another person, you will have a right to possession of that document if you have mentioned it in your case. You must take immediate steps to recover and preserve it for the purpose of this case.

 

Where I have mentioned a document and there is in your possession more than one version of that same document owing to a modification, obliteration or other marking or feature, each version will be a separate document and you must provide a copy of each version of it to me. Your obligations extend to making a reasonable and proportionate search for any version(s) to include an obligation to recover and preserve such version(s) which are now in the possession of a third party.

 

In accordance with CPR 31.15© I undertake to be responsible for your reasonable copying costs incurred in complying with this CPR 31.14 request.

 

If you require more time in which to comply with this request you must tell me in writing. You must tell me before the time for compliance with this request has expired. In telling me you require more time you must tell me what steps you have taken and propose to take in order to comply with this request and also state a date by when you will comply with this request. In addition your statement must be accompanied with a statement that you agree to an extension of 28 days, pursuant to CPR 15.5 for me to file my defence, If you fail to agree to a 28 day extension then i will apply by way of a N244 for an order granting me disclosure and a 28 day extension. Your extension of time must be not less than 14 days from the date when you say you will have complied with my request and you must state the new date for filing my defence.

 

If you are unable to comply with this request and believe that you will never be able to comply with this request you must tell me in writing.

 

Please note that if you should fail to comply with this request, fail to request more time or fail to agree to an extension of time for the filing of my defence, I will make an application to the court for an order that the proceedings be struck out or stayed for non-compliance and a summary costs order.

 

I do hope this will not be necessary and look forward to hearing from you.

 

Yours Faithfully

 

Does this look ok to send out??

 

Thanks

 

Manc

[manc1976]

Letter sent out by Special Delivery today, and will follow up when the have signed for it, by telling them that I want all communication to be done by email until after New Year as the post is not reliable enough at this time of year. Then at least I can deal with anything that arises whilst I am out of the Country.

[citizenB]

You should be able to communicate with the court by either telephone or email. If you have access to the internet, then you will be able to see what is happening online as long as you have your passwords.

 

Your letter looked fine by the way

[the_shadow]

You should be able to communicate with the court by either telephone or email. If you have access to the internet, then you will be able to see what is happening online as long as you have your passwords.

 

Your letter looked fine by the way

 

Haha you beat me to it CitB

 

S.

[manc1976]

You should be able to communicate with the court by either telephone or email. If you have access to the internet, then you will be able to see what is happening online as long as you have your passwords.

 

Your letter looked fine by the way

 

Im taking my laptop with me as I will have free wi-fi access. Thanks for confirmation of the letter.

 

Haha you beat me to it CitB

 

S.

 

Slow coach but thanks anyway

[angel_1]

hiya manc

 

pls learn from my thread as it looks like i didnt follow the cpr rules to the letter and have now a ccj, and dont think its feasible for a set aside, as looks like i will end up with costs, but hey im still mulling over for this weekend whether i have any choices left or not - if not stuck with the ccj and then must try and get help in getting it turned into a monthly payment scheme, i feel really down with this for myself - as i thought i was doing all the right things and then i rang them for an extension of time and i must of done something wrong as i ended up with the ccj anyway,

 

here is my thread http://www.consumeractiongroup.co.uk/forum/showthread.php?282042-Link-Financial-court-summons-rec-need-help-pls

[nicklea]

I think that this really does show that you need to be proactive when dealing with court claims

 

because you didnt follow the rules Angel, im sorry to say

 

7 days is what the claimant has to comply with a CPR 31.14 request, it is outlined clearly here http://www.justice.gov.uk/civil/procrules_fin/contents/parts/part31.htm#IDALBPVB CPR 31.15 © is what you need to read

 

So,

 

If the party does not comply within 7 days on day number 8 you get on the phone and tell them, whats going on, why havent you complied and when are you going to comply. And btw i want an extension pursuant to CPR 15.5 and if you dont agree then my application will hit the court in the morning.

 

And if you get to 14 days after issue and they arent playing then you slap the application in to the court

 

you cannot depart from this

[nicklea]

another relevant comment from pt

 

Also

 

i would say that, you set the time not them., you ask for an extension, and they have to comply, so agree 28days

 

and if they then cannot provide disclosure then you APPLY end of discussion

 

A party is obliged to disclose , and if htey have founded proceedings on documents they do not have then they are commiting an abuse of process. There is tons of case law, Expandable v Rubin, Nomura v Granada, to name two

 

You need to be more litigation savvy if you are gonna fight this yourself, i dont mean to be harsh but you cant sit on your laurels as things like this happen when you do

 

you need to be firm, hard and fast and use the rules in your favour. If you cant then you need to consider what you are going to do in the later stages of this case.

 

I can only refer you back to Beachccombers case, he got out of his depth against Link very quick

[manc1976]

Thanks for the PT quotes Nick, I have just finished reading several threads including Angels and realise the importance of the deadlines.

 

My CPR request was signed for by Link this morning, so next Friday, If I do not recieve any post from them, I will be straight on the phone to them to get an agreed extension, which I will require them to confirm by email and post. Once I get the confirmation, I can email the court and notify them.

 

I will be out of the country from next Saturday, so it is even more important that I do as much as I can before I go, that has been the only part that has worried me. By getting the extra extension required, will give me until 1st Feb to submit a defence. (2nd Dec + service + 56 days), but if I have not had disclosure by the end of the 1st week of January, then it is worth me slapping an application in to the court.

[manc1976]

I tried to speak to someone at Link yesterday to get them to communicate with us by email, and all they kept saying was to make sure that we sent our claim form back to them and not the court. (Is this an underhand tatic to get a judgement by default??)

 

I told them that it had been done online and that the court would send them a copy. I asked them about the CPR 34.14 I had sent them and they said that they didnt have it, despite someone signing the Special Delivery on Friday morning. She then told me it took a few days to reach the right department. So it seems like I will have to phone them on Friday to chase up an extension and try and get it confirmed by email, so that I can then send it to the court.

[phatram]

Do not speak to them on the phone !! 8)

[citizenB]

I tried to speak to someone at Link yesterday to get them to communicate with us by email, and all they kept saying was to make sure that we sent our claim form back to them and not the court. (Is this an underhand tatic to get a judgement by default??)

 

Nononono.. you send the claim form back to the court if you are defending. If you have been advised to return it to Link that is so wrong. I wonder whether you should also be making a complaint to the SRA in respect of that misleading statement from them ?

[Jeff2000]

Hi manc,

 

 

Which person are you communicating with at Link?

 

 

Jeff.

[nicklea]

(Is this an underhand tatic to get a judgement by default??)

 

Yes

 

So it seems like I will have to phone them on Friday to chase up an extension and try and get it confirmed by email, so that I can then send it to the court.

 

They do seem to be messing you about so, as pt suggested, if they don't play ball on Friday then you really do need to put the application in to the court as, in any event, you will only have two weeks left to do your defence if you do not get this order

[manc1976]

Nononono.. you send the claim form back to the court if you are defending. If you have been advised to return it to Link that is so wrong. I wonder whether you should also be making a complaint to the SRA in respect of that misleading statement from them ?

 

Luckily I knew that it does not go back to them. I acknowledged the claim using MCOL, so do I still need to send the paper copy to the court?? It is a shame I didnt record the conversation otherwise it would be easy to prove they told me that.

 

Hi manc,

Which person are you communicating with at Link?

Jeff.

 

Hi Jeff, I didn't get a name, but she only seemed to be an admin type person, as she didnt understand what a CPR 34.14 was !!!

 

They do seem to be messing you about so, as pt suggested, if they don't play ball on Friday then you really do need to put the application in to the court as, in any event, you will only have two weeks left to do your defence if you do not get this order

 

Is this the N244? Also, can I complete this form online and pay for it online, as Friday is my last day in the UK until New Year

 

Thanks for the responses so far guys, appreciate it.

[citizenB]

No, the fact that you have acknowledged on line is sufficient. Northampton will advise the opposition that you have responded and intend to defend.

 

If you were to send the paper copy anywhere, it might just complicate things

[Jeff2000]

Hi manc,

 

 

I will pm you with a suggestion of whom to contact.

 

Jeff.

[manc1976]

I thought as much CitizenB and thanks Jeff

[Jeff2000]

Hi manc,

 

I now have room in my pm inbox.

 

 

Jeff.

[manc1976]

Link have agreed that they need an extension, and I have asked them to provide this in writing, so that I can send a copy to the court to show what has been agreed, and also for the deadlines to be changed.

 

However, Link have not as yet done this and the agreement is still only a verbal one which is not good enough. Link claim that I do not need to speak to the court and that they will place the account on hold until they have provided me with the documents requested and therefore a default judgement will not be sought after the expired deadlines. I wonder why I do not believe them.

 

I am going to resend the email to the contact I have at Link again tomorrow, and then see what happens, but I am not going to let them take the p!ss.

[the_shadow]

Link have agreed that they need an extension, and I have asked them to provide this in writing, so that I can send a copy to the court to show what has been agreed, and also for the deadlines to be changed.

 

However, Link have not as yet done this and the agreement is still only a verbal one which is not good enough. Link claim that I do not need to speak to the court and that they will place the account on hold until they have provided me with the documents requested and therefore a default judgement will not be sought after the expired deadlines. I wonder why I do not believe them.

 

I am going to resend the email to the contact I have at Link again tomorrow, and then see what happens, but I am not going to let them take the p!ss.

#

 

Nope, your absolutely right not to trust them, might be worth putting something in the email like.

 

Failure to confirm the extension of filing a defence by yourselves will result in an application to court under CPR and the consequences in the form of seeking costs against your client for this application and hearing.

 

S.

[manc1976]

Thanks Shadow

 

As it turns out, I now have an email comfirming, that they require 28 days extra to complete my request and will also give a further 28 days for me to review the documents before I need to submit a defence.

 

I will be emailing the court in the morning and can now go on holiday with the knowledge that I do not need to worry about anything until I get back.

 

Thanks for your help guys and have a good Xmas and New Year