mbna/virgin card debt - drydens/arrows/restons discounts offer - now got claim form - help!!

[AndyOrch]

What are the particulars of Claim lutin?

 

Regards

Andy

[AndyOrch]

Duplicate

[AndyOrch]

Perhaps edit out the amount and replace with £xxxxx.xx claimed lutin, makes it easily identifiable.

 

Andy

[AndyOrch]

I have completed a CPR 31.14 request and will be sending it to Restons recorded delivery first thing tomorrow morning.

I bet they don't reply,but we'll see.

Regards to all Lutin

 

Fine lutin...looking at their P.o.C you may request a copy of the contract and a copy of the Notice of Assignment only vis a CPR 31.14.

 

Regards

 

Andy

[AndyOrch]

I would ...any excuse etc.

[AndyOrch]

Risky move Lutin what if they challenge your application counter application for Summary Judgment and instruct Council/Barrister to attend...and on top of that disclose said documents?

 

Regards

 

Andy

[AndyOrch]

You can force disclosure at Standard Disclosure without risk..it would be more preferential to submit a defence on the facts you have to hand at this time.

 

Andy

[AndyOrch]

Hi Lutin

 

Difficult to advise without sight of their particulars of Claim.

 

Andy

[AndyOrch]

Yes thats fine I personally would lose No.7.

 

Regards

 

Andy

[AndyOrch]

Summary judgment (SJ) decides a claim on one or more issues in the claim without trial lutin.A SJ can be granted where the defendant has 'no real prospect' of defending the claim at trial and there is no other compelling reason not to grant it. Fixed costs are provided in relation to SJ but the court can order costs to be assessed.

Generally SJ applications are made after service of the acknowledgement of service and the defence. They may be made earlier with the court's permission.

 

The court may refuse to give SJ but may make other types of orders such as a conditional order.

 

A summary judgment application may be based on a point of law or a question of fact or a combination. The CPR sets out the rules determining when an application can be made by a claimant, it does not expressly provide for when a defendant can make such an application.

Summary judgment and strike out applications require various documents and a court fee to be filed at court. The CPR sets out what these documents should contain. There is a specific timetable that must be adhered to, to ensure parties have sufficient time to prepare for the hearing.

 

You now need a copy of the Claimants application Notice N244 and any supporting WS...you then need to submit your own WS (not less than 7 days pre hearing) listing the reasons the application should be refused and why your defence does carry merit in order for the claim to proceed to trial.

 

Regards

 

Andy

[AndyOrch]

Contact the Court or the claimants sols...the court may charge a small fee.

[AndyOrch]

Scan a copy up once in receipt lutin then you need to prepare your response not less than 7 pre hearing.

 

Regards

 

Andy

[AndyOrch]

Consumer Credit (Cancellation Notices and Copies of Documents) Regulations 1983 (SI 1983/1557).

 

Regulation 2 states:

 

2 Legibility of notices and copy documents and wording of prescribed Forms

(1) The lettering in every notice in a Form prescribed by these Regulations and in every copy of an executed agreement, security instrument or other document referred to in the Act and delivered or sent to a debtor, hirer or surety under any provision of the Act shall, apart from any signature, be easily legible and of a colour which is readily distinguishable from the .

 

Regards

 

Andy

[AndyOrch]

I would lose 12 or rephrase it

[AndyOrch]

Witness Statement

 

The Agreement

 

1. This statement is made in opposition to the Claimants application for summary judgement and by which the Claimant contends that Ihave no real prospect of successfully defending the claim made against myself.

 

2. The claim in this action is for monies outstanding under a Virgin MBNA branded credit card facility regulated by the Consumer Credit Act1974,(removed).

 

3 I submitted a defence whereby I put the Claimant to strict proof as to how I entered this Agreement. No response was received. Prior to this I had made 2 requests under CPR 31.14 for the disclosure of the documents relied on in their particulars of claim. The first request was on the 22/10/12 which the claimants failed to accept as it was unsigned. The second,24/10/12 which was not responded to even though it was signed.I believe the spirit upon which the CPR operates means that they should have responded to my requests,especially as i am a LIP(see T1 and T2)

 

4 I disagree that ”xx” the true copy of the agreement Is slightly difficult to read. I contend that it is illegible and as such renders the agreement unenforceable in a court of law as prescribed in The Consumer Credit (Cancellation Notices and Copies of Documents) Regulations1983 (SI 1983/1557).

 

Terms and Conditions

 

On the true copy there are parts of the agreement missing;on the alleged reverse side(1e) there is a paragraph missing after the words ”we will not charge interest” and the next labelling for the agreement is (1h). I would question the claimant that there are parts of the agreement missing ie 1F and 1G or the words “ we will not charge interest”

 

Also on the true copy (reverse) it is not headed “Credit agreement regulated by the Consumer Credit Act 1974 terms and conditions as required for a credit agreement to conform to said act.

 

The reconstituted copy which is barely legible ,the front of the copy has nothing to tie it to the back,and even contradicts what the claimant states that these were the terms and conditions related to the front of said Agreement, as it has vir 04/04 on the signature] side and ver 02/04 on the alleged reverse. Therefore there is no proof the terms and conditions relate to the signed document and therefore does not conform to the Credit Consumer Act 1974 which states that the terms and conditions must be embodied in the four corners of the Agreement.

 

The T&C are therefore inconsistent and unrelated.

 

Notice of Assignment

 

5. At no time has the Claimant proven a notice of assignment has been served,merely an alleged reconstituted copy.In the OFT guidance notes for business on the Consumer Credit Act section 2.12 it recommends retaining proof of postage. It is not agreed that a Notice of Assignment was sent by the Claimants “sophisticated” computer system and the claimant is put on strict proof that one was sent, a proof of postage ,and delivery confirmation from the Post Office or something as simple would suffice.

 

Default Notice

 

 

6. The amount £12,6 is different to the amount£12,2 which is what is listed in their alleged default notice. I do not agree with the amounts on their copy of a default notice as this would include penalty charges which should not be included in the default notice.

I put the claimants to strict proof that the default notice was served.

 

I have not received the O.F.T guidelines on default notices

 

Conclusion

 

7. I did not respond to letter xx as a LIP I was unaware at that time that I should have responded.

 

8. In these circumstances the court is invited to conclude that there are reasonable grounds with triable issues to support that I will be able to successfully defend the claimants claim and that the Claimants application for summary judgement against me be dismissed.

 

 

Statement of Truth

 

 

 

Dated this day xxxxxxxxxx

[AndyOrch]

I take it that I have waffled too much.Thanks Andy

 

Just a Tad

[AndyOrch]

1 more stupid question,can I put my ws online only or do I need to send an actual copy to the court and Pestons( I need to send to these I know) ta

 

 

No.... hard copy to court/claimant..if Pestons accept electronic service then you could email as well.

 

Andy

[AndyOrch]

Best of luck lutin the CAG is behind you.

 

Stand your ground...if unsure ask them to repeat.....give it thought before you answer.

 

Regards

 

Andy

[AndyOrch]

They cant serve a WS a day before the hearing Lutin read here pages 7/8

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?389205-Northampton-CCBC-claim-form-received-from-Lowell-Drydens-Fairfax-Vanquis-HELP/page8

 

Regards

Andy