claimforms - dual MBNA CARDS with disputed MBNA sec 75 claims **WON**

[AndyOrch]

Guidance on responding to a CPR 18 request ZENTRIX:-

 

http://www.justice.gov.uk/courts/procedure-rules/civil/rules/pd_part18#IDAJBUJC

 

Regards

 

Andy

[ZENTRIX9]

Thanks Andy

[andydd]

CPR 18 doesnt apply to small track and it could be argued it doesnt apply to cases that are pre-allocation and are not yet small track, but almost certainly will be.

[AndyOrch]

This is FT Andy...even without the addition of the Counter Claim.

[ZENTRIX9]

CPR 18 request? Can I email everything to them Or do I have to send them hard copies?

 

Or email them and also send a hard copy.

[AndyOrch]

If they accept electronic response/communicating...I cant see a problem but the response must contain a SoT.

 

Andy

[ZENTRIX9]

Thanks Andy, I will email them now and find out.

[ZENTRIX9]

Spoken to the claimant and they are happy for emailing the part 18 reply. They want medical records from when I allege any stress started. Do I have to prove that? I have been to the doctors because of insomnia recently but I havent had medication or anything else I just tend to buckle down and carry on.

Any suggestions on how I tackle this?

[AndyOrch]

They cant request medical records or copies of any document vis a vis CPR 18...only information in your words.

 

Andy

[ZENTRIX9]

Cheers Andy, do you think they are fishing or trying to get me to drop the alleged stress claim attached to my counterclaim.

[AndyOrch]

Mind Games and yes a fishing expedition......you would think litigators would know how to use a CPR18 request.

[ZENTRIX9]

Yes I thought so.

They have asked for :-

When I purchased the item

a copy of the invoice

When it should have been delivered

If I was aware of the financial situation when I ordered it

When the company went into liquidation

If it was the MD and comp secretary that placed the company into liquidation.

Copies of my medical records.

 

I was the acting MD at the time as my father had died. I purchased the item from the company that I worked for, I was the acting MD but purchased the item as a consumer, so shouldnt I have the same rights as anyone else? I think that they are trying to discredit me and make out that it is a fraudulant claim. I have told them everything from day one and been straight with them, I havent lied but they still dont believe me! or they do and just want me to go away.

Edited December 5, 2012 by ZENTRIX9

[ZENTRIX9]

Ok so I have nearly finished my part 18 reply and will post it up later. Can someone have a quick look over before I send it off to make sure I havent missed anything.

[AndyOrch]

Agreed simply state the facts and accurately..remember you are adding a S o T to the response and it may be used against you.

[ZENTRIX9]

Heres my reply :-

 

Statement of Truth

 

Mr *******

Address *******

 

I make this statement to the extent that facts and matters set out are true within my own knowledge. Insofar as such facts and matters that are not within my own knowledge, they are true to the best of my knowledge and belief and derived from documents submitted with this application.

 

Dated this 5th day of December and 2012

 

Full Name: *******

 

Signature: *********

 

 

Please find below the answers to the requests you have made under CPR Part 18

 

1. i) The date that I purchased (signed the contract) was *****

ii) I attach a copy of the invoice/contract provided by ******** regarding the purchase of the conservatory.

ii) I cannot confirm the date that the conservatory was meant to be delivered as this would have been agreed after the brickwork had been finished and surveyed and as *********** was put into liquidation this never happened.

iv) Yes I was aware of the financial position of ************ at the time of order, as I have said previously in other correspondence, HSBC, who the company banked with, had inspected the purchase and sales ledgers and found that the company was healthy enough for them to take the company onto their invoice financing scheme, this did not make me think that the company was having financial difficulties. I believed that the company was in good health at the time of the purchase.

v) ******** went into liquidation on *******

vi) I can confirm that it was myself and ******* that put ********* Ltd into liquidation. I cannot say categorically what titles we held at the time in the business as this was still being sorted by the accountant following the death of the Managing Director ********. I can confirm that it was my decision to approach the liquidators and place the company into liquidation as the current acting MD.

 

2. i) You have asked me to provide copies of my medical records from the time that I allegate stress started. I do not need to produce these under CPR Part 18 as you cant request medical records or copies of any document vis a vis CPR 18...only information in my own words. In my own words I am confirming that your client has caused myself and my family considerable stress in the way that they have dealt with this case from the start. Lengthening the process, hoping that I would give in to bully tactics (phone calls and threatening letters), giving me many a sleepless night through worry. This my doctor will confirm if the court requires it.

[ZENTRIX9]

Anyone had a look yet?

[AndyOrch]

Heres my reply :-

 

Statement of Truth

 

Mr *******

Address *******

 

I make this statement to the extent that facts and matters set out are true within my own knowledge. Insofar as such facts and matters that are not within my own knowledge, they are true to the best of my knowledge and belief and derived from documents submitted with this application.

 

Dated this 5th day of December and 2012

 

Full Name: *******

 

Signature: *********

 

 

Please find below the answers to the requests you have made under CPR Part 18

 

1. i) The date that I purchased (signed the contract) was *****

ii) I attach a copy of the invoice/contract provided by ******** regarding the purchase of the conservatory.

ii) I cannot confirm the date that the conservatory was meant to be delivered as this would have been agreed after the brickwork had been finished and surveyed and as *********** was put into liquidation this never happened.

iv) Yes I was aware of the financial position of ************ at the time of order, as I have said previously in other correspondence, HSBC, who the company banked with, had inspected the purchase and sales ledgers and found that the company was healthy enough for them to take the company onto their invoice financing scheme, this did not make me think that the company was having financial difficulties. I believed that the company was in good health at the time of the purchase.

v) ******** went into liquidation on *******

vi) I can confirm that it was myself and ******* that put ********* Ltd into liquidation. I cannot say categorically what titles we held at the time in the business as this was still being sorted by the accountant following the death of the Managing Director ********. I can confirm that it was my decision to approach the liquidators and place the company into liquidation as the current acting MD.

 

2. i) You have asked me to provide copies of my medical records from the time that I allegate stress started. I do not need to produce these under CPR Part 18 as you cant request medical records or copies of any document vis a vis CPR 18...only information in my own words. In my own words I am confirming that your client has caused myself and my family considerable stress in the way that they have dealt with this case from the start. Lengthening the process, hoping that I would give in to bully tactics (phone calls and threatening letters), giving me many a sleepless night through worry. This my doctor will confirm if the court requires it.

 

Alternative Point 2

 

As I am sure you are aware a request for information pursuant to CPR18 is precisely that " Information" not documents. I will contend that this matter and your action has severely impacted my health and also caused considerable stress not only for myself but all my family.

This can be confirmed by my GP if the court so requires it.Therefore no documents will be furnished to this request.

 

Rest ok Zentrix

 

Regards

 

Andy

[ZENTRIX9]

Many thanks Andy

[ZENTRIX9]

Ok thats all sent now.

I looked through the SAR request last night. They say all through the notes that they havent had certain paperwork, mainly terms and conditions. Every time I have sent them copies they say they havent had them. It states this in the SAR...... THEN all of a sudden it appears in writing.... it states that they have previously had the terms and conditions I sent them but they are only generic ones. This to me looks like they have been fobbing me off continually asking for more paperwork each time, dragging out the claim.. hoping I would give up. NOT A CHANCE!!

[ZENTRIX9]

Assuming that when I go back to court and I win, what am I entitled to claim?

 

Can I claim back the original payment, all payments that I have made since the original payment, what interest can I claim and from when, what costs can I claim etc

 

I just want to clarify the above and get it all prepared so if the judge wanst to see a breakdown I will be able to tell him the correct amounts.

[AndyOrch]

You have stated what your claim is here in Bankfodders suggested CC.

 

It is denied that the defendant is indebted to the claimant.

 

Counterclaim

 

The claimant bought a conservatory from XXX company which went into liquidation before the conservatory was delivered

Payment for the conservatory was made in part by a credit card supplied by the claimant

The loan was regulated by the Consumer Credit Act 1974.

By s.75 of the 1974 Act the claimant is jointly liable with the supplier to the defendant in respect of any breach of contract.

The claimant has breached their statutory duty to the defendant in that they have refused to carry out their duty under s.75 of the 1974 Act

 

Furthermore the claimant has a statutory duty under the FSA Conduct of Business regulations (COBS) to treat their customers fairly.

This duty is incorporated into the loan contract.

By refusing to honour their duty under the Consumer Credit Act, and by employing debt collection methods against me and by naming me as a defendant in this case the claimant is treating me unfairly and is in breach of their FSA regulated duties.

Furthermore the claimant has unfairly made a negative entry on to my credit file which has damaged my good name and affects my ability to get credit

 

Therefore I claim £XXXXX all charges or money outstanding plus interest pursuant to s.69 county court Act 1984

Plus damages for the stress and unfair treatment and damage to my credit reputation not exceeding £1000

Plus an order that the claimant deletes all references to this matter from my credit file within 7 days.

 

 

Andy

[ZENTRIX9]

Thanks Andy, I just wanted to make sure because last time the judge said he didnt think that I could claim interest from the time of the original payment. I just wanted to make sure I could and have something to quote him if it happened again.

[AndyOrch]

You can ask for sec69 Statuary interest of 8% on claims over 5K...but it is at the discretion of the Judge.

[ZENTRIX9]

Ok thanks Andy.

Am I right in thinking that if they had say £100 of mine and they charged me 8% for the month, could I charge them the same 8% when I claim the £100 back? Basically what they do, could I do the same to reverse it or doesnt it work that way?

[AndyOrch]

The purpose of the CC is to correct and put you back before any loss and award damages for the negative CRAs. You are claiming s69 from the date of loss and up until judgment/payment.Sec 69 will can be awarded on the damages element also.

Section 69 of the County Courts Act 1984 (power of county courts to award interest on debts and damages)