Shanidev v Verde/MBNA-Prelim hearing help wanted.

[Shanidev]

Thanks Andy. Should I tel and then confirm the conversation in writing or maybe send them a letter by 'recorded delivery'... Just in case they deny it later. I know the District Judge is biased towards the Creditors.anyway.

[AndyOrch]

See what response you get on the phone and if advised followed up with a letter to confirm the call.

 

Andy

[Shanidev]

This was an error. I phoned and they did a 'Set Aside'. Annoying that judgement cast in stone can be issued so casually.

 

Anyway I received the 'Set Aside' letter which came as a relief but I also received rather disturbing letter from another company offering to help me in my predicament. Disturbing because they knew exact date, amount and the case ref. number. How did they get hold of it so promptly!!

 

On the update side, I am waiting for the originals to come through... and I have to prepare a witness statement next. Not sure what this is, so will need help and ideas.

[sleepingdog]

Hi Shanidev ,I would not worry too much about letter offering help , I guess they obtained information from court when judgement wrongly given by default. A friend had been given a CCJ by default without any knowledge of case until a company sent a letter offering help and giving case no ,date and amount of CCJ , from that moment she was able to check if CCJ existed and eventually have CCJ set aside. Hope this helps

Sleepingdog

[Shanidev]

Thanks Sleepingdog for putting my mind at ease.

 

Next hurdle - when and where the originals of the documents can be inspected. I wrote to them with this request but so far nothing.

[Shanidev]

What can I do now? They have not sent the original documents that I requested and it is over 14 days now and I have to do the witness statement soon.

[AndyOrch]

Inform the Court that the Claimant as not complied with requested inspection (N265) and that your WS will severely prejudiced.

 

Andy

[Shanidev]

Thanks Andy for coming to my rescue once again. Pardon my ignorance. What does 'severely prejudiced' mean in this case. and, do I have to fill in a form or just the letter.

 

On the update front, I haver made a 'Formal Complaint' to MBNA as advised by FOS re not sending any of the docs (DN, Assignment letter, statements etc). I was paying £1 which I have stopped. Looking at the statements thye continued to charge hefty interest while accepting £1 and never sent me any statements.

[AndyOrch]

The request and inspection form part of the Notice of Allocation and are therefore Directions to be obeyed.(Standard Disclosure)The Court can strike out for any non compliance hence my suggestion to make a call first inform them and get it before the Case Managers nose.They may advise you to make an application but that would be a costly gamble and not serve purpose.

 

No statements = no interest.No Arrear Notices = no interest and no enforcible litigation.

If interest is being added then is it in their T&Cs to allow this and if it is then no Sec 69 interest can be added either if stated that within their particulars of claim.

 

severely prejudiced = to jeopardise your version of events and unable you to rely on their documentation.

 

Regards

 

Andy

Edited February 15, 2012 by Andyorch

[Shanidev]

I tried calling them for two days without success (high volume of calls... someone will assist shortly). Then I dropped letter into their letterbox outside the court (they are closed during my lunch hour). I finally managed to get them on the phone. To my shock they had not even seen the letter because of heavy backlog. So, he took the letter out while on the phone and promised to bring it judges attention and advised me to continue with schedule on the order.

 

I now need to prepare WS. Not sure what to put on there but some of the points I can think of are:

 

-Varde did not have a license at the time they went to N'ton Bulk Centre

-MBNA did not send the CCA, DN, Assignment letter or the termination letter

-they did not send statements for the last 8 of so months

-Assignment letter is not dated

-few things like Statement of case and correspondence common to both parties missing

-the only DN I received was from Experto Credite and that had different A/C number to the one they are quoting now

-MBNA are still investigating my complaint

 

That's all I can think of from the top of my head

 

Just been reading through Carey vs HSBC but need help in constructing Witness Statement.

Edited February 22, 2012 by Shanidev
Carey vs HSBC

[Shanidev]

Come on guys and gals... this is getting rather desperate as deadline approaches. Please.

[Shanidev]

URGENT: Now getting desperately urgent - site team please help

[Shanidev]

Bump

[dx100uk]

pm andy

 

dx

[citizenB]

Havent had time to read over your thread yet.. when is the WS due to be submitted?

[Shanidev]

Monday 27th Feb. Need to get it done by today really 'cos I am working tomorrow.

[citizenB]

I now need to prepare WS. Not sure what to put on there but some of the points I can think of are:

 

-Varde did not have a license at the time they went to N'ton Bulk Centre

-MBNA did not send the CCA, DN, Assignment letter or the termination letter

-they did not send statements for the last 8 of so months

-Assignment letter is not dated

-few things like Statement of case and correspondence common to both parties missing

-the only DN I received was from Experto Credite and that had different A/C number to the one they are quoting now

-MBNA are still investigating my complaint

 

That's all I can think of from the top of my head

 

Just been reading through Carey vs HSBC but need help in constructing Witness Statement.

 

 

A couple of things I need to clarify..

 

They say the default date was 31/08/2009. But didnt I see that they had issued a Notice of Default back in April 2009 ? Then then appear to have produced a Default Notice (proper) which you say you have never seen prior to the claim having been issued ?

 

 

 

Default under s87 (1) Consumer Credit Act 1974

The Claimant pleads that the Defendant breached his contract. By virtue of a breach of contract and pursuant to s87 (1) Consumer Credit Act 1974 the Claimant is required to serve a default notice in the form prescribed by Consumer Credit Default Enforcement and Termination Notices Regulations 1983(The Regulations). No notice compliant with the Consumer Credit Act was served therefore the Claimant is barred from terminating the agreement and demanding the sums claimed from the Defendant. The first sight the defendant had of any such Notice was when it was requested under CPR.

 

Was the document they sent, which claims to be the agreement, signed by you ?

 

 

 

Did they have a valid licence at the time of assignment ?

 

Furthermore, the Defendant notes that the Claimant did not hold a valid consumer Credit licence contrary to the Consumer Credit Act 1974 when the purported assignment took place. The Defendant avers that the Claimant committed a criminal offence pursuant to s39 Consumer Credit Act 1974 by virtue of unlicensed trading. For the avoidance of doubt the Claimant did not obtain a licence until DATE under licence number 1234567 as set out on the Office of Fair Trading’s Consumer Credit licence register.

 

In the event that the Claimant seeks to rely upon an agent as a Consumer Credit Licence holder the Defendant will refer to the case of Hicks v Walker and Frank Reynolds Ltd -[1999] GCCR 721 as the authority which sets out this is not permissible where the principal company does not hold a valid Licence to conduct the activities which require such a licence.

 

 

Not sure I can help much further.

[Shanidev]

7th April letter was intention to register a default.

 

Application 'what the call agreement' I did sign - at a motorway services - they were doing promotional hawking

 

Not sure if they had the license at the assignment time as no date is given there but they did not have license when they started court proceedings.

 

Current Credit license (0643780) was issued on 22nd June 2011 and they don't have 'Right To Canvass Off Trade Premises' whatever that means

 

See attachments

Credit Agreement.pdf

Assignment.pdf

Default Notice.pdf

Edited February 26, 2012 by Shanidev

[Shanidev]

At what stage do I mention unfair charges and interest. Do I do this in Witness Statement?

[citizenB]

In response to pm..

 

I have attached some Guidance Notes on producing Witness statements.. it runs to 3 pages.. but 2 of htem are examples.

 

There is also a Witness statement that had been provided for another cagger.. a lot of the information in it is well out of date. so unless checked.. please dont use it.. this is an example only.

 

In respect of the charges, you need to put everything you are going to rely on into your Witness statement.

 

 

Guidance Notes for WS.pdf

 

 

Witness Statement in support.pdf

[Shanidev]

Still waiting for their witness Statement. Now past the deadline. What should I say to the court?

Edited February 28, 2012 by Shanidev

[citizenB]

Did you both have to "file and serve" = submit to court and send to one another ?

 

If so, then check with the court to see if they have received anything - if they have then ask for a copy, you might be charged a copy fee.

 

Do you have an email address for the opposition, If so, I guess you could drop them an email and remind them, they are late !

[Shanidev]

It was like 'Each party to serve every other party' - just like an old Marx Brothers movie... I may be showing my age here.

 

I shall give them a call tomorrow.

[AndyOrch]

" The party of the first part......." is hereinafter called " The party of the first part " and " The party of the second part ....." is hereinafter called " The party of the second part "

 

Groucho and Chico " A Night at the Opera "

 

I remember it Shani:wink:

 

Andy

[citizenB]

No way I'm admitting I remember