MBNA/DLC/Hillesden Securities have issued County Court Claim. HELP!!!

[yebsdad]

Here are the PDF versions of the agreements received

 

MBNAappForm0001.pdf

MBNAappForm#2unsigned00010001.pdf

MBNAappForm0002.pdf

[yebsdad]

I try attaching again, please advise how to respond to what they have sent me.

MBNAappForm0001.pdf

MBNAappForm0002.pdf

MBNAappForm#2unsigned00010001.pdf

[yebsdad]

Somebody please help with this, I need to put in a defense and action is looming. Due to DLC not sending the documents the day they dated the letter and then incorrectly addressing the envelope, the documents were delayed and I am under pressure time wise. I have requested an extension of time due to their errors, but have heard nothing back.

[AndyOrch]

I thought you had already submitted your defence post# 41?

 

Regards

 

Andy

[yebsdad]

Hi Andy,

 

Yes I submitted a defence, from memory (i am away from my home pc), this is the defence I submitted. I also submitted a CPR to Hillesden. They have thus sent the above agreements. Stating they will instruct solicitors to progress the case in 14 days. (now extended towards the end of the month.)

 

Defence

 

1. The particulars of claim discloses no cause of action and are self evidently an abuse of process, in that they fail to deal with the basic rules of pleading in accordance with the CPR (even allowing for the constraints of the bulk issue system).

 

2. Further to that above the defendant is unable to plead effectively or at all. The defendant is embarrassed.

 

Would this be sufficient, or do i need to ask for clarification of the agreement, record of the default notice etc?

[AndyOrch]

What date was that submitted yebsdad? If it was longer than 28 days ago then the Claimant has not responded and the claim is stayed.I assume you have not received an Allocation Questionnaire?

 

Regards

 

Andy

[yebsdad]

End of june i think, no allocation questionnaire

[AndyOrch]

Then the claim is stayed, until either you or the claimant makes application to proceed or strike out then it will remain that way indefinitely.

 

Regards

 

Andy

[yebsdad]

So do I just leave it at that until they act?

[AndyOrch]

Yes unless you wish to make application to lift the stay and strike out, personally I wait until the dust has settled 2-4 months.

[Bandit127]

Just read through this and I think you lost the skin off your teeth yebsdad.

 

While the claim is stayed you should be preparing your detailed defence like there is 28 days to go. Don't just sit on it - get it done.

 

If they don't come back for you - print your defence off and frame it. If they do, you will be confident and ready for them.

 

To have 2-4 months to prepare your defence is a luxury nearly everyone else does not have.

[AndyOrch]

Defence has already been submitted Bandit.

[Bandit127]

OK and apologies for misreading. Schoolboy error...

[yebsdad]

Can someone please advise me on whether I have any grounds to defend the claim. I have posted the agreements they sent me on post #42. They have applied for and had granted the lifting of the stay and judgement passed. Please help.

[AndyOrch]

So they now have judgment...they made application to lift the stay and you never opposed it?

[Dotty50]

What normally happens, or should happen Andy when an application is made to lift a stay?

[AndyOrch]

You should be served a copy of the application and you are allowed 7 days to respond ie stay/set a side the application ..oppose the application if its for Summary Judgment as in yebs case.

If you are not served a copy of the application then that is also grounds to object.

 

Andy

[Dotty50]

Thanks for clarifying that Andy.

[yebsdad]

i can still oppose the application as within 7 days? i did nit get warning they were applying for this, just notification that it had been lifted and struck unless I apply for it to be set aside or varied under part 23 rule 10! So can i say i did not get due notice of application or is said letter i received, the letter the notice?

[AndyOrch]

I dont know what or when you received anything yebs....the 7 days may have expired.I wish you would post more frequently then we may have been able to deal with this matter.

 

Andy

[yebsdad]

Hi Andy, I was waiting for a response from them, but expecting communication before they attempted to lift the stay. Where as I have had a letter from the courts stating that the stay has been lifted and judgement granted. I am within the the seven days to to apply for setting aside under Part23 Rule 10

 

Application to set aside or vary order made without notice

23.10

(1) A person who was not served with a copy of the application notice before an order was made under rule 23.9, may apply to have the order set aside(GL) or varied.

(2) An application under this rule must be made within 7 days after the date on which the order was served on the person making the application.

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Power of the cou

 

http://www.justice.gov.uk/courts/procedure-rules/civil/rules/part23

[AndyOrch]

Hi Andy, I was waiting for a response from them, but expecting communication before they attempted to lift the stay. Where as I have had a letter from the courts stating that the stay has been lifted and judgement granted. I am within the the seven days to to apply for setting aside under Part23 Rule 10

 

Application to set aside or vary order made without notice

23.10

(1) A person who was not served with a copy of the application notice before an order was made under rule 23.9, may apply to have the order set aside(GL) or varied.

(2) An application under this rule must be made within 7 days after the date on which the order was served on the person making the application.

Back to top of page

 

 

Power of the cou

 

http://www.justice.gov.uk/courts/procedure-rules/civil/rules/part23

 

Ok well get it done then yeb:thumb:

[yebsdad]

Hi Andy, I was waiting for a response from them, but expecting communication before they attempted to lift the stay. Where as I have had a letter from the courts stating that the stay has been lifted and judgement granted. I am within the the seven days to to apply for setting aside under Part23 Rule 10

 

Application to set aside or vary order made without notice

23.10

(1) A person who was not served with a copy of the application notice before an order was made under rule 23.9, may apply to have the order set aside(GL) or varied.

(2) An application under this rule must be made within 7 days after the date on which the order was served on the person making the application.

Back to top of page

Power of the cou

 

http://www.justice.gov.uk/courts/procedure-rules/civil/rules/part23

[yebsdad]

Great, have started the process. Under what grounds shall I apply.

[AndyOrch]

CPR 23.10 you was not served a copy of the application to lift the stay strike out the defence and request judgment.

 

Yebs what did they actually get default judgment or summary judgment?

 

Andy