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mahul04

PRA Judge & Priestley Claim Form MBNA

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" should i prepare my defence as it looks like they mean business "

 

You have already submitted your Defence.

 

Andy


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Surely the next step is to get my defence ready for a court date .I.e reasons why this agreement is bot valid ??

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No ...you have already submitted a defence when you received the claim...your next step is to prepare your own witness statement and disclosures.

 

Andy


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Start by typing witness statement into the search box (top right under the CAG Logo) and that will bring up all threads were reference and examples of witness statements have been made.

 

Regards

 

Andy


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Where do I start ..?? Please

 

wit statement ie what you will say in court re your relevant circumstances/defence/any rebuttal/exhibits/evidence etc


IMO

:-):rant:

 

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I have unapproved the attachment in post #98 - it appears you have left the card account reference at the top. Can you edit out, let me know and I will reapprove for you.


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this is the reply I got from j and p regarding the cpr3114 .. welcome any thoughts on this as it will come back when we are in court .. any help- regarding the validity of the original agreement are welcome to ... many thanks guys

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Not an expert by any means but it appears to direct you to Condition 11 on the application but on the T & Cs they have only provided reference to 1 & 2?

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this is the reply I got from j and p regarding the cpr3114 .. welcome any thoughts on this as it will come back when we are in court .. any help- regarding the validity of the original agreement are welcome to ... many thanks guys

 

Mahul04 - looking at the detail of your case so far, I see many similarities with my own that I went through last year.

 

 

You can defend this, but you'll need to have a clear understanding of how you're going to approach it.

You need to be able to convey strongly why a court cannot give judgement to the claimant based on that agreement document you posted up earlier in the thread.

 

 

You need to read up on cases where rulings have been passed down from the higher courts -

these act as 'authority' on certain points which may have previously been subject of interpretation. s.127(3) of the CCA is one particular point

and it is important where pre-April 2007 agreements are concerned.

 

Start with reading HSBC v Carey. This is a key case upon which you will get a good understanding of how you can challenge the enforceablilty of the agreement.

 

My prediction is that you'll challenge the legibility and incompleteness of the agreement produced by J&P

and they'll swiftly counter by producing a recon version.

It's all a bit of a game of trying to trap you, but you can back them into a corner if you can understand where the weaknesses are.

 

 

I and others will help you along the way, but it's essential that you read up on this.

You'll eventually have to state your case in front of a judge

- sounds daunting, but just try to enter into this little journey with the attitude of being willing to learn

and you'll find it much easier that you might think right now.

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Thanks very much for your support guys im really lost and scared never done anything like this before ... will start to read this case today .. is there any other cases I could read about ..

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Carey is pretty heavy going so I'd just stick to that for now - then cross reference with relevant sections of the CCA - http://www.legislation.gov.uk/ukpga/1974/39/contents. This case is more focused on the enforceability of reconstituted agreements but it will give you a good grounding on the subject of the agreement - but my guess is that they'll produce a recon at some stage anyway.

 

You'll be relying heavily on Carey, so I'd suggest reading it several times. Perhaps skim over it a bit at first and you'll see bits that will be quite relevant. It'll be easier to read through the whole thing and take more in after a few goes at it.

 

Don't get too worried about it. You have plenty of time to get your head around things. Just out of interest, how would it affect your financial situation if you were to lose this case?

 

Sham

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21 k is alot to lose .. id have to work soe payment scheme out i guess ... many thannks for your help shamrocker .. ill be working on my witness statements aswell as working on the case ..

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do you think the courts would accept a payment plan of some sort ??

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Yes, you will be able to make some form of payment plan - however, the amount being claimed is quite a lot so I couldn't say for sure how much they'd expect you to pay. Ultimately, you can only pay what you can afford. Do you own your own property?

 

You'll probably receive some Without Prejudice offers from J&P at some stage - my guess, being for around the account balance of £17k. It's up to you how you wish to play it. You can go back to them with a counter offer and see if they'll accept it. It just depends how much you're up for the fight and want to take the risk involved with going to court. This will probably be allocated to Fast Track so the winner in the case can also claim for costs (probably £3-5k on their side!)

 

They'll probably apply for Summary Judgement at some stage too. This might come first and then a WP offer - I can't remember how they played it with me.

 

Ultimately, this is a winnable case in my view. My guess is they won't have the original, but it's down to you to demonstrate that the court can not enforce the agreement without sight of the fully compliant and properly executed original copy (you need to read up and find out what constitutes a properly executed agreement). From reading other forum threads, you'll see that 'judge lottery' comes into play, but if you can get can create a good legal argument and deliver it through your witness statements and also in court, you should have every chance of walking away successful.

 

In the first instance, a strong witness statement will probably act as a signal of intent and might get the claimant to think through their position more carefully. That's where I'd be focusing my efforts for the moment. Ask for help on here any time - but read Carey and also get reading some threads involving MBNA and PRA/Aktiv Kapital - there'll be some example witness statement's posted there to give you an idea of what you should be aiming for.

 

Edit to add: Can you post up the CPR reply again - see advice from DX above before you post it.

 

Sham

  • Haha 1

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Again many thanks. .just out of interest did you win your case ?

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I lost unfortunately - £22k after costs. Wish I knew then what I know now. Hindsight, eh! ;-)

  • Haha 1

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I have sorted the CCA return and put it back up

 

 

where are the rest of the pages of T&C's?

 

 

dx


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here are the t/c from j/p ... they came with the copies of statements ..

has anyone got a link for the hsbc v casey case .. please when you search it lots of different refences but not the actual case

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PLEASE DONT HIT QUOTE IF THE LAST POST IS THE ONE YOU ARE REPLYING TOO.

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Hey guys just got a letter this morning from jp

 

Offering a settlement of 15.5k. .

 

 

They said I have a week to decide or my stay of execution finishes on 10 September .

 

 

. They say both parties agree to extend the stay period for a further month .

 

 

. They said something about a tomlin order. .

 

Any advice guys ??

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makes you wonder why if they were so sure of winning they offer a short settlement.....urm..

 

 

pay us something before we discontinue....


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This case HSBC Bank Plc v Brophy [2011] EWCA Civ 67, confirms that a Credit Card Application form constitutes a properly executed agreement under CCA 1974.

 

What is your defence? Because the defence that you have filed is only a holding defence to ensure that the claimant doesn’t get a default judgment against you.

 

Do you know if the default notice was a valid one or not?

 

I have read all of your thread and I think you are skating on very thin ice, £21k is a lot to gamble on and if you can’t defeat the claim you will end up facing a big costs bill on top of that.

 

 

Champollion

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