Backdoor Arrow/Drydens 2008 CCJ/CO - MBNA Card - , debt was already SB'd , **WON** set aside - Now being chased 12yrs later.!!

[mandyjayne]

Thanks Martin

 

this is the draft order i have with the N244

DRAFT ORDER FOR DIRECTIONS

 

In County Court

Claim number

 

Between

- Claimant

 

and

 

- Defendant

 

 

Draft Order for Directions

 

 

The Claimant shall within 14 days of service of this order send to the Defendant and to the Court:

Copies of the Original Consumer Credit Agreement and any documents referred to within it which complies with the consumer Credit Act 1974 and all subsequent regulations, which the claimant seeks to rely upon.

Default Notice compliant with s87 (1) Consumer Credit Act 1974 and Consumer Credit (Enforcement, Default and Termination Notices) Regulations 1983 (SI 1983/1561) as amended,

Document, contract or deed of assignment

Notice of assignment, with proof of service of the same compliant with s196 of the Law of Property Act 1925.

Or any other document relied upon.

If the Claimant fails to comply with this order, the claim will be struck out without further order.

 

The Defendant shall within 14 days thereafter file and serve the following

An amended defence sufficiently particularised in response to the documents supplied by the claimant.

If the Defendant fails to comply with this order, the Defence will be struck out without further order.

 

 

 

is this correct? MJ

[MARTIN3030]

Yes looks to be ok.

Sorry for delays...team a bit stretched today-or drinking too much coffee;)

[mandyjayne]

Thank you once again Martin...

 

Nothing wrong with a coffee or 3 and delays are fine i know how hard you all work doing this! I and probably many others just panic!!

 

Ok last couple of questions please: on the 244 am i still ticking box 5 - with a hearing or no hearing?

 

And will this be ok to put into the court on Monday (CMC meeting is thursday) as today, i am out of time now!

 

many thanks MJ

[mandyjayne]

bump

[MARTIN3030]

An application on notice needs to be "With a Hearing" the only exception would be if the other side had agreed.

 

Yes will have to be Monday-just explain this to the person on the desk and see what she says.

 

I notice someone telling you to take in 3 copies-in all my apps on notice I have only ever taken 1 copy-the Court usually sort out any paperwork on this-you wont get a copy returned-its not the same process as filing a claim !

[pt2537]

an N244 application on notice should be served with three copies, one for you, one for the court and one for the claimant or defendant depending upon which side you are.

 

The court may copy it if you serve just one copy however they are not obligated to and thus may cause you problems if the court doesnt serve on the other side

[mandyjayne]

Thanks guys...

 

ok that means im all set..filled out my 244 done my draft order and will take copies...now fingers crossed for the cmc thursday i have no idea what this will involve...can only do my best!!

 

thanks MJ:)

[mandyjayne]

ok just got back after submitting my N244 with the following on it...and another £75 lighter:mad:

 

If there is anything i need to do or know between now and Thursdays CMC meeting, please let me know, all comments gratefully accepted!

 

N244....

 

The defendant respectfully asks the Court to issue the attatched draft by way of order,in consideration of documents previously ordered for disclosure on ............ but not fully complied with.

The defendant additionally respectfully requests there be consideration to strike out the claim pursuant to CPR 3.4 (2)c on the basis that the previous orders of ............ have not been fully complied with.

 

 

 

 

Claim number

 

 

Between

- Claimant

 

and

 

- Defendant

 

 

Draft Order for Directions

 

 

The Claimant shall within 14 days of service of this order send to the Defendant and to the Court:

Copies of the Original Consumer Credit Agreement and any documents referred to within it which complies with the consumer Credit Act 1974 and all subsequent regulations, which the claimant seeks to rely upon.

Default Notice compliant with s87 (1) Consumer Credit Act 1974 and Consumer Credit (Enforcement, Default and Termination Notices) Regulations 1983 (SI 1983/1561) as amended,

Document, contract or deed of assignment

Notice of assignment, with proof of service of the same compliant with s196 of the Law of Property Act 1925.

Or any other document relied upon.

If the Claimant fails to comply with this order, the claim will be struck out without further order.

 

The Defendant shall within 14 days thereafter file and serve the following

An amended defence sufficiently particularised in response to the documents supplied by the claimant.

If the Defendant fails to comply with this order, the Defence will be struck out without further order.

 

 

thanks MJ:)

[citizenB]

I would just say, make sure you have all the paperwork you need. Where you have made reference to something you will need it at some time, might as well get organised now.

 

 

Have a read of the following link

 

http://www.consumeractiongroup.co.uk/forum/show-post/post-2171582.html

 

Be prepared.

[mandyjayne]

hello..

 

im just filing all my paperwork for thursdays case conference..

 

just looking at the statements from mbna and added up the late charges and interest they have added on to this debt..it comes to £1,924.14:eek:

 

Anything i can do with that?? also the statements have different account numbers on 10 in one account number 12 in another

 

should i take costs with me on thursday as well..if yes how do i draft it!

 

thanks MJ:)

Edited October 6, 2009 by mandyjayne

[mandyjayne]

bump:)

[supasnooper]

Have a look through these links- should be something in there -

 

Have a look at the pdf's that Surfaceagentx20 has attached at the bottom of the post on a letter for wasted costs -

 

Surfaceagentx20 wasted costs

also

 

Liabilty for Costs CPR 38.6

Sharpman v Nationwide credit card services ***WON WITH WASTED COSTS***

 

Welcome/Cohens - case withdrawn ***WOO-HOO ***

 

have a look at this post by IGNM on costs as well -

 

IGNM post on costs

[mandyjayne]

Thanks SS..any comment on this bit

 

just looking at the statements from mbna and added up the late charges and interest they have added on to this debt..it comes to £1,924.14:shock:

[supasnooper]

I'd just leave reclaiming your charges on the back burner for the moment...

[mandyjayne]

Hi ss,

 

What im trying say is, (and not explaining very well)

 

The "Alleged Debt" has accrued interest & charges of £1,900ish, & of course the court fees. Does it not make the amount Arrow are claiming improperly executed? is that the right term?? or am i getting lost along the way here? Please correct me if im barking up the wrong tree so to speak.

 

And you left me some links to costs...thank you, but you didnt confirm i should take with me tomorrow, is it vital it comes with me tomorrow?

 

Thanks whoever picks me up!

 

MJ:)

[AndyOrch]

Hi ss,

 

What im trying say is, (and not explaining very well)

 

The "Alleged Debt" has accrued interest & charges of £1,900ish, & of course the court fees. Does it not make the amount Arrow are claiming improperly executed? is that the right term?? or am i getting lost along the way here? Please correct me if im barking up the wrong tree so to speak. Absolutley correct MJ and also invalidates the DN/TN and becomes the main thrust of your defence

 

And you left me some links to costs...thank you, but you didnt confirm i should take with me tomorrow, is it vital it comes with me tomorrow? You may arm yourself but I shouldnt think a decision will be made at a a CMC hearing

 

Thanks whoever picks me up!

 

MJ:)

 

Regards

 

Andy

[mandyjayne]

andy glad you stopped by...thanks for that.

 

I have not added these charges in my defence at all...:eek: what should i do?????

 

As for the DN and TN none have been produced by Arrow, even after 2 judgment orders from the court.. the last order being an "unless" order".

 

Im running with no DN, TN, NOA being produced, and an "application form", not a CCA, with no Ts & cs

 

HELP;) panic setting in!!

 

MJ:)

[the_shadow]

andy glad you stopped by...thanks for that.

 

I have not added these charges in my defence at all...:eek: what should i do?????

 

As for the DN and TN none have been produced by Arrow, even after 2 judgment orders from the court.. the last order being an "unless" order".

 

Im running with no DN, TN, NOA being produced, and an "application form", not a CCA, with no Ts & cs

 

HELP;) panic setting in!!

 

MJ:)

 

MJ you've asked for a strike-out havent you so in theory the defence is not a major issue at present.

 

S.

[AndyOrch]

I have not added these charges in my defence at all...:eek: what should i do????? Did you imply that any alleged debt if contained Unfair charges would be defended? If not then it may be advisable to show proof and refer to them at the CMC

 

As for the DN and TN none have been produced by Arrow, even after 2 judgment orders from the court.. the last order being an "unless" order".

Again question and raise with the DJ as to why his order is being totally disregarded at the CMC

 

MJ:)

 

 

Andy

[AndyOrch]

MJ you've asked for a strike-out havent you so in theory the defence is not a major issue at present.

 

S.

 

Fair point Shadow but you have to justify also the need to Strike out and whether a DJ would grant it.Always handy to have another argument up your sleeve if you feel the day is slipping away from you.

 

Regards

 

Andy

[mandyjayne]

Thanks Guys...S and Andy...

 

Points taken... just getting a bit jittery and want to go tomorrow with as much in my "brain" as a damsell in distress can manage:D

 

Ok..i have the statements that were returned in my SAR, with the figures added up, can i show these tomorrow?.. but i didnt (i dont think) at any point add that the charges would be defended:mad:

 

And understood Re point 2 regarding the Order

 

MJ:)

[AndyOrch]

Thanks Guys...S and Andy...

 

Points taken... just getting a bit jittery and want to go tomorrow with as much in my "brain" as a damsell in distress can manage:D CMC are merely to narrow down any issues not trial the case.However if you gain opportunity to raise points then take it.Is your application for SO also being heard at the CMC?

 

Ok..i have the statements that were returned in my SAR, with the figures added up, can i show these tomorrow?..if the opportunity allows but see above but i didnt (i dont think) at any point add that the charges would be defended:mad: Thats the skill in drafting defences and completing AQs gives the Claimant a taste of what will be thrown back at them

 

And understood Re point 2 regarding the Order

 

MJ:)

 

Ok for now MJ?

 

Regards

 

Andy

[mandyjayne]

yep ok for now...thanks Andy;)

 

Sorry re: SO, i put in an n244 on Monday this week, for them to produce the rest of the docs not received or strike out.

 

Not sure what they do with it, add into CMC or seperate...you will know more than me??!!

[AndyOrch]

yep ok for now...thanks Andy;)

 

Sorry re: SO, i put in an n244 on Monday this week, for them to produce the rest of the docs not received or strike out.

 

Not sure what they do with it, add into CMC or seperate...you will know more than me??!!

 

You will recieve notice but if not it may be done at the same time so arm yourself as advised above, just in case.

 

Andy

[the_shadow]

yep ok for now...thanks Andy;)

 

Sorry re: SO, i put in an n244 on Monday this week, for them to produce the rest of the docs not received or strike out.

 

Not sure what they do with it, add into CMC or seperate...you will know more than me??!!

 

Would suspect with timescales being so tight judge will look at the case file and add into CMC hearing, its not really enough notice for an order to go out now. I take Andy's comments tho about pre-warned just in case hearing isnt going to plan.

 

S.