mbna - link issued court papers help?

[dx100uk]

have removed the files as pers info is showing like claim numbers

 

please use the method i posted

 

dx

[almond]

hi

will upload all again after weekend and make sure i have taken off all details

[almond]

hi

hope this has worked i have attached everything thats needed i think

made a couple of notes on agreement, i marked x were i have crossed out but they have crossed out

some numbers not sure if that makes any difference

thanks in advance for any help as to what i do next

 

 

edit by DX

 

you REALLY need to learn how to use paint program to blank out idetifying info

you have not done it properly by using XXXXX

 

please next time follow my guide

pdfs 2.pd.pdf

[AndyOrch]

Hi Almond the Court as issued a receipt for a defence (even thought you state you have not submitted one) the claim is stayed.The OC has now provided all documentation you was waiting on and believes they have complied.Now you can either submit a full and particularised defence or the claimant can make application to lift the stay and seek Summary Judgment.I would check with the Court as to your position as they have not issued any further directions on the claim.

 

Regards

 

Andy

[almond]

hi

i rang the court on thursday and all she said we it was stayed , read out the letter i got from court and all she said was she did'nt realise they sent one out, suggested i rang link. What do you think i should do , i did'nt do a defence just ticked box stating i wanted more papers.

[AndyOrch]

Check on screen MCOL and see if the option to submit a defence is still available.

[almond]

rang court and because i only had two days to go before a judgement would have been made they took were i ticked box as my defence , to stop a judgement, i have been told the case is stayed and i can put a defence in now or just wait till it goes to local court and fill in question form, am typing as i am talking (ref liz) for my record

does this make sense?

[AndyOrch]

Thats what I thought, nothing will happen until Plink advise to proceed and you will receive an AQ.Its your option now if you wish to submit a defence or wait until the Claimant

lifts the stay and proceeds.

 

Andy

[almond]

hi andy

which way do you think would be better? when i spoke to court i did tell her i would be on holiday at end of november for two weeks, would you say it would be best leaving it until they lift the stay but send a letter to court stating i am out of the country at end of november?

by leaving it can i use the time to prepare a defence ? and have you looked at my cca what do you think?

[AndyOrch]

I would wait for Plink to proceed if they wish to.Then you can submit a defence you just need to be aware that they dont make a sneaky application for SJ in the meantime and without your knowledge.

 

Andy

[almond]

I would wait for Plink to proceed if they wish to.Then you can submit a defence you just need to be aware that they dont make a sneaky application for SJ in the meantime and without your knowledge.

 

Andy

would they be allowed to do that?

[AndyOrch]

Of course I have known Claimants not forward copy of applications and Courts also, with the defendant being completely in the dark and unaware.

Any application should be made on Notice (notice to the Defendant) but it as happened.So beware and keep checking the status.

 

Andy

[almond]

Of course I have known Claimants not forward copy of applications and Courts also, with the defendant being completely in the dark and unaware.

Any application should be made on Notice (notice to the Defendant) but it as happened.So beware and keep checking the status.

 

Andy

if they did that would i have any come back? and what happens now do i just wait for the stay to be lifted

[almond]

hi

need help urgent done all the bits and thought i had to do witness statement 27th april , but just found papers and its 27th march,

I have got myself in a state, bit of a long story my mother has been ill

does anybody have a copy of a statement to help me.

[AndyOrch]

Hi Almond responding to your PM

 

Ok here is a WS I drafted a while back this was for Summary Judgment so you will have to amend and don't make reference to SJ application. The form and layout will assist you but obviously you will have to edit to suit you circumstances.:-

 

 

Witness Statement

 

 

1 This statement is made in opposition to the Claimant’s application for summary judgment and by which the Claimant contends I have no real prospect of successfully defending the claim against me.

 

2 I do not deny that a contract once existed between me and the claimant. I deny the contract endures since on a day prior to the commencement of this case against me, the Claimant terminated the contract.

 

3 I deny that I have ever received an effective default notice from the Claimant prior to the contract being terminated.

 

4 At trial I shall contend that under Section 87 of the Consumer Credit Act 1974 (The Act) the creditor must deliver a default notice which complies with all of the requirement of Section 88 of the Act and of the Consumer Credit (Enforcement, Default and Termination Notices) Regulations 1983 before the Claimant will become entitled to terminate the agreement and make any demand for early payment. It is my case that no default notice which complied in the respects referred to was ever delivered to me by the Claimant.

 

5 The Claimant contends otherwise and in support of its contention that a compliant default notice was delivered to me relies exclusively on a screenshot from a “Mida” system that shows the entry XXXXXXXXX NOD

 

6 I understand the claimant claims that NOD stands for Notice of Default.

 

7 The claimant has already admitted in a letter dated xxxxxxx that they are unable to produce a copy of the default notice.

 

8 At trial I will contend that the screenshot is inadequate for the purpose of demonstrating the Claimant delivered a compliant default notice. Under Section 88 (1) of the Act, for a default notice to be compliant it must be in a prescribed form and specify the nature of the alleged breach; if the breach is capable of remedy, what action is required to remedy it and the date before which that action is to be taken and if the breach is not capable of remedy, the sum (if any) required to be paid as compensation for the breach, and the date before which it is to be paid.

 

9 The screenshot evidences none of these things. The Claimant has already given notice that it will be unable to give discovery of the default notice relied upon. In the absence of production of a copy of that default notice together with evidence from a witness having first hand knowledge that the copy so produced was delivered to me, stating the date on which and the means by which the default notice was delivered to me, contrasted with my evidence to the court that a default notice was not delivered to me, I contend that I have more than reasonable prospects of successfully defending the claim against me.

 

10 Moreover, The claimant claims the default notice was sent on the XXXXXXXX and that the default notice if it could be seen by the court would show it had allowed XX days for me to rectify any default mentioned in it. Under section 88(2) of the Act, the creditor cannot terminate the agreement or demand earlier payment of any sum due under the agreement before the date specified in the default notice. Besides the fact that merely stating the default notice would have allowed XX days is non-compliant with the requirement of section 88 of the Act owing to the need to specify a date (rather than an interval of time), it is telling in terms of the Claimant’s credibility that if the notice was delivered on the XXXXXX and gave XX days for me to rectify any default mentioned in it as the Claimant appears to contend, that the claimant’s solicitor sent a letter before action on the 14th April 2008 demanding payment, being just XX days after the claimant claims the default notice was sent.

 

11 The delivery of the letter before action is good evidence that on or before XX XXXX, the Claimant terminated the agreement.

 

12 In any event, if contrary to my contentions and expectations, the Claimant should prove at trial that a default notice was delivered to me on XXXXXXX the Claimant will be unable to show by reference to that default notice that it subsequently became entitled to terminate the contract. If the termination followed on from the delivery of the default notice on XXXXXXX and which gave to me XX days to rectify any default mentioned in it, the termination of the agreement prior to the expiration of the period given to me in the default notice was a termination which did not then entitle the Claimant to demand earlier repayment.

 

13 without prejudice to my main contention set out above, the claimant now claims without any good or proper explanation, that the value of the original claim is incorrect and They therefore request the claim value to be amended to £XX XXX XX. Yet they have failed to provide proof of how this figure has been arrived. The claimant’s solicitor however did provide an Appendix which showed various calculations.

 

14 In the circumstances and in addition to my main contention, I contend that until such time as the Claimant has established a legal entitlement to earlier payment and given disclosure of material which unequivocally justifies an entitlement to the sum of money claimed, it is impossible for the Claimant to show and for the court to determine at the hearing of an application for summary judgment, that I have no reasonable prospect of showing at trial that the sum of money claimed (whatever that sum may be) is not owing to the Claimant.

 

15 The claimant also claims £XX XX in charges. I refute these are payable. These are default charges levied on the account for alleged late payments. The court will be aware that these charge types and the recoverability thereof have been judicially declared to be susceptible to assessments of fairness under the Unfair Terms in Consumer Contracts Regulations 1999 [The Office of Fair Trading v Abbey National PLC and others (2009). I will contend at trial that such charges are unfair in their entirety.

 

17 In the circumstances the court is invited to conclude that there are reasonable grounds to suppose that I will be able to successfully defend the Claimant’s claim at trial and that the Claimant’s application for summary judgment against me should be dismissed .

 

Date: xx xxxxx xxxx

 

 

Statement of Truth

 

I believe the facts stated in this Witness Statement are true

 

 

Signature

 

Regards

 

Andy

Edited March 26, 2012 by Andyorch

[almond]

thanks andy

will be back once i have done it, do i send them a copy of credit agreement , default letter and other things i have

[AndyOrch]

thanks andy

will be back once i have done it, do i send them a copy of credit agreement , default letter and other things i have

 

 

If you make reference to and wish to rely to any documents then state " see attach exhibit no 1234 " and attach a copy.

 

Andy

Edited March 26, 2012 by Andyorch

[almond]

hi

just doing it now , if you remember i have a copy of cca and letter i have put on here saying

i can confirm that a copy of the original credit agreement has been requested for you and should we be able

to provide you with a copy we will forward it to you.

should i refer to that rather then not being able to provide me with default letter

[AndyOrch]

I Almond, not being able to recall all the finer details of your case, simply state " the claimant has failed to comply with my sec 77/78 request but confirmed in writing that they had requested a copy and would forward on receipt.To this date the Claimant has yet to respond? Edit to suit.

 

Andy

[almond]

thanks

[almond]

hi

is this ok and what is what i have highlighted in red

Witness Statement

 

 

 

 

1 I do not deny that a contract once existed between me and the claimant. I deny the contract endures since on a day prior to the commencement of this case against me, the Claimant terminated the contract.

 

2 I deny that I have ever received an effective default notice from the Claimant prior to the contract being terminated.

 

3 At trial I shall contend that under Section 87 of the Consumer Credit Act 1974 (The Act) the creditor must deliver a default notice which complies with all of the requirement of Section 88 of the Act and of the Consumer Credit (Enforcement, Default and Termination Notices) Regulations 1983 before the Claimant will become entitled to terminate the agreement and make any demand for early payment. It is my case that no default notice which complied in the respects referred to was ever delivered to me by the Claimant.

 

3 The Claimant contends otherwise and in support of its contention that a compliant default notice was delivered to me relies exclusively on a screenshot from a “Mida” system that shows the entry xxxxx NOD what is this?

 

4I understand the claimant claims that NOD stands for Notice of Default.

 

5 The claimant has admitted in a letter dated 23/04/2009 that a copy of the original credit agreement has been requested and should we be able to provide you with a copy, we will forward it to you. To this date the claimant has yet to respond. The claimant has failed to comply with my sec 77/78 request but confirmed in writing that they had requested a copy and would forward on receipt. To this date the Claimant as yet to respond I then sent a letter putting the account into dispute 30th April 2009.

attach exhibit no 1 letter from mbna dated 23rd april 2009

attach exhibit no 2 default letter dated 30th april 2009

 

6 In the circumstances and in addition to my main contention, I contend that until such time as the Claimant has established a legal entitlement to earlier payment and given disclosure of material which unequivocally justifies an entitlement to the sum of money claimed, it is impossible for the Claimant to show and for the court to determine at the hearing of an application for summary judgment, that I have no reasonable prospect of showing at trial that the sum of money claimed (whatever that sum may be) is not owing to the Claimant.

 

7 The claimant also claims £240.00 in charges. I refute these are payable. These are default charges levied on the account for alleged late payments. The court will be aware that these charge types and the recoverability thereof have been judicially declared to be susceptible to assessments of fairness under the Unfair Terms in Consumer Contracts Regulations 1999 [The Office of Fair Trading v Abbey National PLC and others (2009). I will contend at trial that such charges are unfair in their entirety.

 

 

Date:

 

 

Statement of Truth

 

I believe the facts stated in this Witness Statement are true

[AndyOrch]

Hi Almond because that example was a response to a WS for summary judgment the statement is objecting to each point raised in the claimants statement as to why SJ should not succeed.

Hence point 3 The Claimant contends otherwise and in support of its contention that a compliant default notice was delivered to me relies exclusively on a screenshot from a “Mida” system that shows the entry xxxxx NOD what is this? NOD = Notice of Default.

 

Have you received a copy of the Claimants WS yet?

[almond]

morning

i hope you might be able to help, i was supposed to file questionaire by 4th may for my court hearing

will try and keep this brief

i took ill 28th april and was being treated for a kidney infection

got worse all week and was rushed into hospital 4th may

turns out i had abcesses on right ovary

released 7th may

got worse having trouble breathing

9th may back at hospital since wanted to check if i had blood clots on lungs

confirmed 10th blood clots and 6 months warfarin

district nused calling every day to take blood and injections in tummy

bed rest because treatment for abcesses making me ill and had to restrict movement to until clots broke up.

moved from first lot of tablet cos were making me sick to second that were worse. Now on third lot that seem to be working. Off for another scan friday to see how abcesses are doing.

well thats a brief outline.

So once i was able to get out of bed i wrote to both the court and link asking if i could have two month extension

explaining what had happened, I sent letter that doctor wrote to have me admitted to hospital and a warfarin

letter i got from hospital. i have not heard back from court but got a letter from link on saturday

saying

as i failed to comply with court order made on 2nd may (wrong date) we have requested judgement in default.

I will be served with a copy once its made.

if a judgement is granted i can apply to have it set a side and suggest i take legal advice.

if the judgement is granted the next course will be to make an appilcation for a charging order.

while no payment will be rejected one the debt had been secured we will be looking for payment by instalments.

We will require details of your income and expenditure together with your offfer of payment for our consideration.

 

any ideas what i can do i am still ill and this is making matters worse, can i write to the court asking them to give it to judge before he makes up his mind as to whether a judgement is granted.

Can i write to oft to say that the account was in dispute since i was never given a copy of agreement until i 3.8 link after they took me to court.

Sorry to go on for so long and thanks if you can help

[AndyOrch]

Hi Almond responding to your PM.

 

Have you received anything further from the Court since you exchanged Witness Statements?

[almond]

hi

only a notice date for returning pre trial checklist

sent about 25th april saying to return 4th may