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

[ZENTRIX9]

Hi all, heres an update on where I am at the moment with MBNA.

I have sent them copies of what Optima have requested for disclosure,TWICE! and yesterday I got a General Form of Judgment or Order from the court telling me that I had to disclose copies of what I have already sent!

By the way Optima have not sent me any of the documents that I have requested for disclosure!

I have again today forwarded them emails with documents attached and pointed out that they have had them twice. I also asked them to withdraw the order at the court as I have already complied.

Witness statements have also been exchanged.

 

Looks like they are trying to blind side me!

 

Any advice anyone?

[ZENTRIX9]

Can anyone recomend a no win no fee solicitor in the Midlands area?

This is really getting me down at the moment.

[AndyOrch]

CAG does not recommend or endorse any representation...this is against Forum rules Zentrix9.

 

Regards

 

Andy

[ZENTRIX9]

Ok Andy, cheers.

Any thoughts on my post?

[AndyOrch]

" I have sent them copies of what Optima have requested for disclosure,TWICE! and yesterday I got a General Form of Judgment or Order from the court telling me that I had to disclose copies of what I have already sent!

By the way Optima have not sent me any of the documents that I have requested for disclosure!"

 

Respond to the Order and state that you already have...twice...its the Claimant that has failed to comply with their N265 and request that the court compel them to disclose or impose sanction.If they have failed to comply with SD then their WS is irrelevant because their evidence has yet to be furnished.

This should be done by way of an application N244.

 

Regards

 

Andy

[ZENTRIX9]

One thing on the list they have asked for is documents relating to the ordering of materials for the conservatory. I have the contract for the frames but I was doing the basework myself. I have installed the footings but gone no further. I did not keep the reciepts for the work I did. Will this be a problem? I dont want the court to throw out my counterclaim based on this. I have informed them of this in my disclosure I selt them.

[AndyOrch]

Shouldn't be a problem.

[ZENTRIX9]

Great

[ZENTRIX9]

Ok I have filled in the N244 form. This is what I have put in the box 3. What order are you asking the court tomake and why?

 

"I have received an order from the Court (attached) that requires me to disclose copies of documents. I have already forwarded copies of the documents required to the Claimant on 2 seperate occasions (see attached emails). It is in fact the Claimant that has not forwarded the documents that I have requested for disclosure. The Claimant has failed to comply with their N265 and request that the court compel them to disclose or impose sanction. If they have failed to comply with SD then their WS is irrelevant because their evidence has yet to be furnished"

 

Is this ok?

 

No.4 asks if i have attached a draft of the order I am applying for I have selected the box NO

 

No.5 Selected box without a hearing

[AndyOrch]

Ok I have filled in the N244 form. This is what I have put in the box 3. What order are you asking the court tomake and why?

 

"I have received an order from the Court (attached) that requires me to disclose copies of documents. I have already forwarded copies of the documents required to the Claimant on 2 seperate occasions (see attached emails). It is in fact the Claimant that has not forwarded the documents that I have requested for disclosure. The Claimant has failed to comply with their N265 and request that the court compel them to disclose or impose sanction. As the Claimant has failed to comply with Standard Disclosure then it is accepted that the Witness Statement is irrelevant because their evidence has yet to be furnished"

 

Is this ok?

 

No.4 asks if i have attached a draft of the order I am applying for I have selected the box NO Tick yes see below

 

No.5 Selected box without a hearing

Ok

 

 

 

 

#### START OF ORDER ####

 

In the ......... county court

Claim No. ...

 

Before

 

District Judge ………

 

 

Dated ……… 20…

 

 

Claimant A

 

and

 

Defendant B

 

 

 

Draft/ORDER

 

 

UPON reciept of the Courts Order dated xxxxx

 

 

IT IS ORDERED THAT:

 

1. The Claimant be forced to comply with Standard Direction and disclose requested documents within 7 days or their claim be struck out

2. The Defendants Counter Claim to proceed.

3. The Claimant do pay the Claimant’s costs of this application

 

#### END OF ORDER ####

 

 

Regards

 

Andy

[ZENTRIX9]

It seems Optima have beat me to it, I have just recieved by email the documentation I requested.

[AndyOrch]

Coincidence

[ZENTRIX9]

Yes it is isnt it

I think that that were trying to get it sorted without going to trial. Sneaky.

[ZENTRIX9]

Just thought I would post an update.

 

I sent the judge a letter stating that Optima had recieved all the items they had asked for more than once and they are still saying I havent sent them. They were trying to get my counter claim struck out and judjment without going to trial. Also said they were causing me and my family undue stress.

 

I had a letter from the court today stating

 

It is ordered that my letter be treated as an application to set aside and be listed for hearing before the judge.

 

Does this look like my case is being favoured?

[citizenB]

Zentrix, I don't think andyorch is online at the moment. I am sure he will receive notice that you have posted and will look in on your thread in the morning

 

But yes, it does look as though there is some consideration being given as you would normally have to submit a set aside on a proper application form .

[ZENTRIX9]

Thanks, I will wait to hear from Andy

[AndyOrch]

" It is ordered that my letter be treated as an application to set aside and be listed for hearing before the judge."

 

Set a side what? you made application for them to disclose or be struck out?

 

Andy

[ZENTRIX9]

Hi Andy, no, I didnt send the letter for them to disclose or be struck out because they emailed me the documents while we were chatting on CAG.

[ZENTRIX9]

" It is ordered that my letter be treated as an application to set aside and be listed for hearing before the judge."

 

Set a side what? you made application for them to disclose or be struck out?

 

Andy

 

 

So this means the application to set aside will be discussed and if unsuccesfull it will go to trial on another agreed date?

[AndyOrch]

So this means the application to set aside will be discussed and if unsuccesfull it will go to trial on another agreed date?

 

It appears so ZENTRIX

[ZENTRIX9]

Optima have sent me their witness statement but I still have to send them mine. Should I wait to see what the outcome is at the set aside or send it them. Am I right in thinking that it has to be sent no later that 1 week before the trial date, and as one hasnt been set yet it can wait?

[AndyOrch]

The norm is usually 7 days pre Zen.

 

Andy

[ZENTRIX9]

I would like to submit my defense tonight and I am going away Monday for a few days. Can anyone tell me what I have posted is ok?

[ZENTRIX9]

Hi all, I attended court and my case is still going to trial. One of the items I was asked to submit was "planning permission documents" which was incorrectly described by me as I only had "planning application documents" so the judge said I had not produced the correct documents, I had not complied with a court order and told me I had to pay the other sides costs for that hearing.

 

 

I have been away for a week and have been waiting for a letter confirming what was said, I didnt take notes on the dates discussed as I thought it would all be comfirmed in a letter like it usually is. I just rang the court and said I was waiting for a confirmation letter and they said they are 10 days behind and that I would have to wait. The judge said I would have to pay within 7 days.

 

From when? when I get the letter, from the date of the hearing? I dont know. He said I could apply to pay in installments, how?

 

 

I dont have over £400 and I am pulling my hair out because I am scared the case might be kicked out and I have to pay over £12k.

 

 

Any suggestions, please

Edited July 1, 2013 by citizenB
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[citizenB]

It is usually from when you receive the order.

 

I will ask andyorch to look in and see what options you have.