AK/Judge & Priestley - claimform - old MBNA card 'debt'

[AndyOrch]

Yes as per my post #169 above

[out_of_the_red]

Sorry so is my draft incorrect? I'm getting myself confused

[AndyOrch]

I cant read your draft its too small...but if you have used my template and assuming you have read my post # 187 then it must be ok.

[AndyOrch]

Attach a copy to the DQ and send the claimant a copy of the DQ and Draft.

[out_of_the_red]

Hi everyone, hope you had a good Easter.

 

I have received the attached document

 

 

requesting I send standard disclosure of documents by list...what is this?

 

 

I wish they'd speak in plain English.

 

 

Should this be sent to court or to Aktiv Kapital?

 

Am I right in understanding that if AK fail to send this then the case may be dismissed?

 

 

I keep hoping they'll back out or fail to provide what is requested....

[AndyOrch]

Hi everyone, hope you had a good Easter.

 

I have received the attached document

 

Courts Directions

 

requesting I send standard disclosure of documents by list...what is this? Standard Disclosure...normal process

 

I wish they'd speak in plain English.

 

 

Should this be sent to court or to Aktiv Kapital? Both at the different dates stated within the directions

 

Am I right in understanding that if AK fail to send this then the case may be dismissed? Yes and if you fail to comply... your defence struck out

 

 

I keep hoping they'll back out or fail to provide what is requested....

 

Dont miss any Direction and date to be complied with

[out_of_the_red]

Ok so standard disclosure needs to be sent to AK by 4pm on the 14th, is that correct?

 

 

On the standard disclosure I had to Google it to get the definition (still struggling with the terminology).

 

 

Do I just send the CCA and CPR requests that I sent last year?

Standard disclosure – what documents are to be disclosed

 

31.6 Standard disclosure requires a party to disclose only–

(a) the documents on which he relies; and

(b) the documents which –

(i) adversely affect his own case;

(ii) adversely affect another party’s case; or

(iii) support another party’s case; and

© the documents which he is required to disclose by a relevant practice direction.

[out_of_the_red]

HI, could someone please help me with this? TIA!

[AndyOrch]

Tia ?

[out_of_the_red]

Tia ?

 

Thanks In Advance

[AndyOrch]

Ok so standard disclosure needs to be sent to AK by 4pm on the 14th, is that correct?

 

 

On the standard disclosure I had to Google it to get the definition (still struggling with the terminology).

 

 

Do I just send the CCA and CPR requests that I sent last year?

Standard disclosure – what documents are to be disclosed

 

31.6 Standard disclosure requires a party to disclose only–

(a) the documents on which he relies; and

(b) the documents which;

(i) adversely affect his own case;

(ii) adversely affect another party case; or

(iii) support another partys case; and

© the documents which he is required to disclose by a relevant practice direction.

 

 

Anything in support or relied upon or referred to within your defence or witness statement.

[out_of_the_red]

Is it literally just a list or copies of the documents I want to submit to support my defence?

[out_of_the_red]

Good morning everyone.

 

I have just dropped in my defence from the original MCOL filing, could someone confirm that the sections I have highlighted below are those that I should be asking for proof of in my standard disclosure? Also is it ok to copy this as a list into the document asking for the proof supporting my defence?

 

"The claimant claims the sum of 13,xxx for debt and interest.

 

1. On xx.09.1997 the defendant entered into an agreement with MBNA for a credit card under reference4129xxx.

2. On xx.08.2009 the defendant defaulted on the agreement with an outstanding balance of 10,xxx.

3. On xx.09.2009 the debt of 10,xxx was assigned to Varde Investments(Ireland) Ltd, who itself assigned the debt to Aktiv Kapital Portfolio AS ZugBrand on xx.03.2012.

4. Notices of assignment were sent to the defendant in accordance with s136 Lawof Property Act 1925.

 

And the claimant claims

1. The sum of 10,xxx

2. Staututory interest pursuant to Section 69 of the County Courts Act 1984 ata rate of 8.00% per annum from 3.3.12 to 17.10.14 2,309.58 and thereafter at adaily rate of 2.41 until judgement or sooner payment

 

 

Defence

 

1. The Defendant contends that the particulars of claim are vague and genericin nature. The Defendant accordingly sets out its case below and relies on CPRr 16.5 (3) in relation to any particular allegation to which a specificresponse has not been made.

 

2. Paragraph 1 is denied with regards to an amount due under an agreement (s).The Claimant/Solicitor has refused to disclose any agreement/s or statements on which its claim relies upon.

 

3. I am unaware of any legal assignment/s the claimant refers to within its particulars and deny the notice was served pursuant to the Law of Property Act 1925.

 

On receipt of this claim I requested information pertaining to this claim byway of a CPR 31.14. To date I have yet to receive a compliant response. This was posted on the 10.11.2014 .To date I have had no response.

 

On receipt of this claim I requested information pertaining to this claim byway of a Section 78 request/s. I have yet to receive a response complying with the request. To date they have failed to comply and remain in default.

 

Therefore with the courts permission the Claimant is put to strict proof to:

 

(a)Show and disclose how the Defendant has entered into an agreement(s); and

 

(b) Show and disclose how the Claimant has reached the amount(s) claimed for;

 

© Show how the agreement(s) were breached/ terminated to allow the claimantrelief.

 

(d) Show how the Claimant has the legal right, either under statute or equityto issue a claim;

 

4. As per Civil Procedure Rule 16.5, it is expected that the Claimant prove the allegation that the money is owed.

 

5. On the alternative, as the Claimant is an assignee of a debt, it is denied that the Claimant has the right to lay a claim due to contraventions of Section136 of the Law of Property Act and Section 82A of the consumer crediticon Act1974.

 

6. By reasons of the facts and matters set out above, it is denied that the Claimant is entitled to the relief claimed or any relief"

Edited April 13, 2015 by Andyorch
Standard disclosure in bold red

[dx100uk]

you need to answer all of their 4 paragraphs

so where are replies to 2, 3 & 4?

 

 

dx

[AndyOrch]

I have marked the only two documents that you will be disclosing in bold red....

 

This is standard disclosure by you ....not the claimant...they will send you their list on receipt of yours......dont list your defence..they already have a copy.

 

Andy

[out_of_the_red]

So do I not need to worry about the other three questions now? I thought they had to be done by the dates stated.

 

I just want to address this now so I know I get it right

 

Andy, could I please just clarify that I list what I will be submitting as my defence being my correspondence asking them for the CPR 31.14 and Section 78 request. Do I state they have still yet to reply? Do I need to include copies of the original requests?

 

So sorry for so many quetsions

[AndyOrch]

What 3 other questions?

[out_of_the_red]

DX has asked about the other questions above in post #202

[AndyOrch]

I haven't the foggiest what DX is referring to or advising......this is standard disclosure...nothing to do with your defence or asking for further disclosure.

 

Just remind me is this Fast Track?

[out_of_the_red]

Oh ok, thanks

 

Yes this is Fast Track

[AndyOrch]

Okay are you using the N265 to list your disclosures?

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?421287-LEGAL-N265-Standard-Disclosure-**Correct-as-at-March-2014**

 

On page 3 (the only part applicable to the defendant) list...

 

CPR 31.14 dated xxxxxx

 

Section 78 request dated xxxxxx

 

Send to the claimant and ask them to reciprocate...once (if) they reply they will send you theirs which will list what they wish to rely on...you then ask them for anything on their list you want ...they wont ask you as they already have them...and you exchange documents by the date stated within your Notice of Allocation Directions....

 

job done.

[out_of_the_red]

Thank you Andy. I didn't know I had to use this form, it wasn't enclosed with the court directions

[AndyOrch]

[out_of_the_red]

Andy would you please mind checking this is completed correctly. I've left off case number etc.

 

[ATTACH]57083[/ATTACH]

[AndyOrch]

Yes thats fine.