Shanidev v Verde/MBNA-Prelim hearing help wanted.

[AndyOrch]

Read here before you complete that AQ :- MBNA Claim form recieved.... advice required.

 

Varde are in Ireland.

 

Andy

[AndyOrch]

Simply phone the Sols acting and request an extension pursuant to CPR 15.5 of a further 28 days.Request written conformation and then inform CCBC along with their conformation.

 

Regards

 

Andy

[AndyOrch]

Did you request an extension Shanidev ? First DN is not a DN its a notice of arrears and intention to issue a DN.The rest look ok.

 

Regards

 

Andy

[AndyOrch]

http://www.consumeractiongroup.c o.uk/forum/showthread.php?120057-Cabot-Test-Case! Some info on Varde

 

Andy

[AndyOrch]

Is it likely that Varde would have the same problems as Cabot and would be forced to discontinue any court actions?

 

BF

I don't really know enough about them BF to say if there are jurisdiction issues

Hi Andy. Just spoken to the court. They said they cannot grand extension without an application and a fee (he reckoned it would be about £45) and I shall have to submit that and see. Is this the only way? now that I have contacted the court. If I have to pay, can I ask for longer extension?

 

See my post #78 you have left it a tad late in all honesty but any extension must be agreed with the claimant and confirmed in writing by them and then submitted to CCBC.If you did get an extra 28 days how would this assist, what would change they have furnished said documents?

Regards

Andy

[AndyOrch]

I have looked at the docs disclosed but still unaware of what your defence is? Penalty charges, PPI , unfair interest, or just a general dispute with their

behavior in issuing the claim?

 

Andy

[AndyOrch]

Ok so now you have the basis of your defence summarised concisely.Have a go at drafting it into a defence format and we can tweak it for final submission.

 

Andy

[AndyOrch]

I would remove 9 & 10 and any case law reference, how about questioning the Claimants right to collect in the UK jurisdiction and having a valid credit license? I recognise most of the rest from my past defences:wink:

 

Andy

[AndyOrch]

They may be using a UK Solicitor but has the Claimant got a valid UK Credit License to enable collection? Hence the jurisdiction doubt ?

 

Andy

[AndyOrch]

Hi Shanidev

 

On point 13 just expand a tad more relating to Mr Ps post re credit license and start point 13 on " I understand or it is averred then the owness is on them to prove otherwise.

 

Regards

 

Andy

[AndyOrch]

[ATTACH]31625[/ATTACH] No you dont submit directions with a defence that comes at AQ.I have amended the defence slightly not the credit licence part.You will need to add that.

 

Andy

[AndyOrch]

But, Andy I have been making £1 /month on this account

 

 

And???? Doesn't prove any admittance, you may have been harassed so much you was forced to make payment as you really couldn't remember enough of any old alleged debt.

 

 

If you are submitting today you really should be getting ready now, clock is ticking, not time to question your intentions or defence.IMHO.

 

Andy

[AndyOrch]

Dealing with a Fast Track Application Page 4 Shanidev. Same stage same scenario.

 

Andy

[AndyOrch]

Also the form that the post refers to is High Court but my case is in County Court. Do I have to fill a form and if so where can I get it from. shame the court letter does not give nay pointers. I know I going to be struggling with this.

 

You get it here : - http://www.oup.com/uk/orc/bin/978019..._n265_ch17.pdf Its for all courts, you must complete and follow the dates you have uploaded

failure to respond or follow the timetable will have severe penalties like eg. your defence being struck out.

 

Andy

[AndyOrch]

I am lost mode. What disclosure documents should I send If you have nothing to disclose (which i doubt you will have much) leave the N265 blank just sign it- party are to send each other disclosure documents along with disclosure statement.Tells you the date in your Allocation Notice date of exchange And, what defence can I put.You have already submitted your defence Any SAR templates for Credit Card Companiies??

Why would you want to DSAR?

Shani if you are struggling with this relative easy part of the process ( I have posted links to threads to explain) then you really are going to struggle when this kicks into 5th gear.I would advise you to contact the Claimant and try to negotiate a settlement offer.You may get slaughtered with costs if this proceeds to trial.

Regards

Andy

 

[AndyOrch]

More of a wake up call Shani, I appreciate you have had bereavement and have probably took your foot of the gas,my condolences are with you and your family,but when you enter into this process you are dealing with really slippery fish, miss a deadline miss an order and the shark will have you.Look carefully at your Allocation Notice it gives you directions and orders and by what date, follow them to the second.If you feel that this is becoming too much to understand or to devote time to then litigation will bite you.I don't want you to end up in far worse situation than you are already.So options either get a grip of this now or like I have suggested approach the claimant and enter mediation.The Court will always favor settlement and if you try it will always go in your favor.

 

Regards

 

Andy

Edited January 12, 2012 by Andyorch

[AndyOrch]

Andy, I have now got the printout stating when Varde's license expired and when they renewed. when they submitted the claim they did not have a valid license. Should this be part of disclosure. I can't think of anything so just sign and send, I suppose.

 

Now you are thinking, your N265 (standard disclosure ) is used as a threatening tool.Documents you will rely on introduce into proceeding and refer too.So list it, along with anything else that you know contains an error.Once your list is finished and signed you only send the N265 list (not the documents) and they will visa versa.Then look at your allocation timetable this will state the date you are both to exchange simultaneously.They might not want anything off yours and you off theirs but you have complied and followed directions.Don't leave any doors open or the Woolf will get you !!!!

 

Andy

[AndyOrch]

Thanks for this advice what about Varde's license (we posted at the same time) and thanks for your kind thought for us.

 

Can I fax docs to the solicitors or does it have to Special Delivery which I suppose I have to will need to do tomorrow.

 

Court I can just go and hand it in.

 

Fax or email it to them if they will accept electronic submission.

[AndyOrch]

This is not a defence Shani its standard disclosure, you cant request it if its not on their list.If its not on their list then they are not relient on it or referred to it in their PoC or can use it as evidence.

 

Andy

[AndyOrch]

Also, Andy, which section do I list these documents?

 

The large box under the signature section, the rest is for the Claimant to complete.

[AndyOrch]

Ok for now Shani?

 

I really need my beauty sleep now, long day:wink:

 

Andy

[AndyOrch]

Hi I need to put in a request to inspect the original documents. Which one should I request and how do I go about it? The ones of any use to your defence and just write and ask for them Also, just noticed the statements start from 2005 onwards although start of account in 2001.Only usually go back 6 years Statute of Limitations

Any takers or Andy if he is online!!

 

Regards

Andy

 

[AndyOrch]

If they are no longer under his control then they cant be disclosed or used or referred to in their claim (So why list them?).You can only request from the section they state they do have and don't object to.

 

Andy

[AndyOrch]

No its correct there are 3 sections you can only request from section 1, section 2 is confidential between client and section 3 are documents he can no longer disclose.

 

Andy

[AndyOrch]

There is not always a separate Termination Notice this can be part of the DN.