Pudsters14 vs MBNA

[pudsters14]

I am also going to mention Link's non-compliance with my Sect 18 CPR.

 

Something i found on another thread...

 

The Claimants are deliberately frustrating these proceedings and preventing me from submitting a fully particularised Defence/ Counter-claim, by refusing to provide information requested under CPR 18 on the xxth April 2008.

 

 

PLEASE let me know if I've missed anything or you think i'm doing something wrong....

 

Again thanx for all your help!

 

Pudst

x x x x x

[pudsters14]

Oh... and I don't have to enclose a fee do I?

 

I've read the guidance but it didnt mention that

[pudsters14]

This was what I was going to go with for Part G on the form... Other Info

 

 

 

 

N149 Allocation Questionnaire

 

 

Section G - other information

 

If the court is in agreement, the defendant respectfully requests that special directions may be given as per the attached draft order.

 

The defendant proposes these directions in mind of the Overriding Objectives, and in particular the duty of the parties to help the court further them. The issues outlined below are the crux upon which this claim rests, and the proposed directions identify these issues and will allow them to be assessed in advance of the hearing so that this claim may proceed justly and expeditiously; without production of the requested documents, I am at a disadvantage and am unable to serve a proper defence. Failure of the claimant to supply the requested documentation will make the case much harder for the court to deal with as without production of the requested documentation will inhibit the courts ability to deal with the case

 

The House of Lords in the case of Wilson v First County Trust Ltd - [2003] All ER (D) 187 (Jul) made it clear in paragraph 29 of LORD NICHOLLS OF BIRKENHEAD judgment

 

29. The court's powers under section 127(1) are subject to significant qualification in two types of cases. The first type is where section 61(1)(a), regarding signing of agreements, is not complied with. In such cases the court 'shall not make' an enforcement order unless a document, whether or not in the prescribed form, containing all the prescribed terms, was signed by the debtor: section 127(3). Thus, signature of a document containing all the prescribed terms is an essential prerequisite to the court's power to make an enforcement order. The second type of case concerns failure to comply with the duty to supply a copy of an executed or unexecuted agreement pursuant to sections 62 and 63, or failure to comply with the duty to give notice of cancellation rights in accordance with section 64(1). Here again, subject to one exception regarding sections 62 and63, section 127(4) precludes the court from making an enforcement order.

The Claimants are deliberately frustrating these proceedings and preventing me from submitting a fully particularised Defence/Counter-claim, by refusing to provide information requested under CPR 18 on the 15th May 2008 which was sent special delivery.

 

Its is respectfully requested this case be allocated to the small claims track, it is a straight forward case and is easily resolved on production of the required documentation by the claimant, should the claimant not have the documentation required to progress this case I suggest that there will be no case to answer.

 

Therefore it stands to reason that this document must be disclosed before this case can progress any further.

[pudsters14]

I've just noticed that steven is away,...can anyone else help?

 

Thanks

[citizenB]

bump

[pudsters14]

Hi is anyone there? bumpPudst

[citizenB]

Pudster, there appears to be one or two site helpers/mods/legal bods logged in. If you havent had one of them look in on you in say a couple of hours.. then hit the panic button. The red triangle at the left hand side at the bottom of your avatar panel.

[pudsters14]

Thanks,... i wanted to get this taken to court before 4pm you see... it's all typed up ready to go and I live not far from court bt would just prefer someone to take a quick look at it before i go... Thanks for your helpPudstx x x x

[citizenB]

Thanks,... i wanted to get this taken to court before 4pm you see... it's all typed up ready to go and I live not far from court bt would just prefer someone to take a quick look at it before i go... Thanks for your helpPudstx x x x

 

 

I guess it wouldnt harm to hit the panic button now then. Thank you for the click. I just wish I could do more.

[pudsters14]

Thanks very much CB!! I willPudstx x x x

[pudsters14]

BUMP! Please help

[steven4064]

Hi pudster

 

This may be too late. My only comment is that it might make it clearer to spell out the information that you want them to provide (just to help the court). If you haven't, I don't think it matters as you have made it clear elsewhere. Apart from that, IMO what you have written is great.

[pudsters14]

Hiya Steven, I'm taking it 2mrw now... it's the last day... should i put the list in that was in my section 18 request or is that too much?Pudstx x x x

[pudsters14]

Should I use this.....In the ************* County CourtClaim number **********Between************* - Claimantandxxxxxxxxxx - DefendantDraft Order for DirectionsThe Claimant shall within 14 days of service of this order send to the Defendant and to the Court: Copies of the 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 andConsumer 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. Copies of any statement or 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........................................................................ But with the other stuff that I included in the sect 18 request.... the long list etc?..................................... Thanks for all your help.....................Pudst

[pudsters14]

Sorry about this line spaces thing... will go on my laptop because that recognises the line spaces whereas this stupid computer doesnt!

[steven4064]

Yes, you could use that. You could also attach a copy of the CPR18 request for info.

[pudsters14]

Brill will do, will post up the changed draft directions for you to have a read.Thanks again, ur a star!

[pudsters14]

I'm changing to my laptop so they are spaced correctly - be back in 5 mins

[pudsters14]

In the ************* County Court

Claim number **********

 

 

 

Between

 

************* - Claimant

 

and

 

xxxxxxxxxx - Defendant

 

 

 

Draft Order for Directions

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

 

1. Copies of the 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.

2. Any terms and conditions that applied to the account at the time of default and at the time the account was opened.

3. 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.

4. Document, contract or deed of assignment.

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

6. Transcriptions of all telephone conversations recorded and any notes made in relation to telephone conversations by your company, or by any previous creditor.

7. Where there has been any event in my account history over this period which has required manual intervention by any person, I require disclosure of any indication or notes which have either caused or resulted in that manual intervention, or other evidence of that manual intervention in relation to my account formerly held with MBNA.

8. Documents relating to any insurance added to the account, including the insurance contract and terms and conditions, date it was added and deleted.

9. Details of any collection charge added to the account; specifically, the date it was levied, the amount of the charge, a detailed financial breakdown of how the charge was calculated, and what the charge covers.

10. A genuine copy of any notice of fair use of my data as required by the Data Protection Act 1998.

11. Specific details of the fees/charges levied by any other agency in respect of this account and a detailed breakdown of said fees/charges and what each charge relates to and on what date said fees/charges were levied.

12. A list of third party agencies to whom you have disclosed my personal data and a summary of the nature of the information you have disclosed.

12. Copies of any statement for the entire duration of the credit agreement 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:

 

1. 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.

 

 

 

 

 

Plus I will also add in section G that I have enclosed a copy of my original CPR request anda copy of proof of postage

 

How does that all look?

 

If it's all ok, will get it printed now ready to take to court 2mrw!

 

Thanks again for everyones help and advice... couldn't have done it without you!

 

Pudst

x x x x

 

 

[steven4064]

In section G put that you have included draft order for directions which will provide information without which you cannot make a proper defence and whose provision will further the overriding objective.

[pudsters14]

Hiya Steven, in post 103 I have included what I will be attaching as section g, i just need to add on that i have enclosed a copy of my sect 18 request and proof of postage... is that okay?

 

Pudst

x x x x

[pudsters14]

Heres another copy

 

N149 Allocation Questionnaire

 

 

Section G - other information

 

If the court is in agreement, the defendant respectfully requests that special directions may be given as per the attached draft order.

 

The defendant proposes these directions in mind of the Overriding Objectives, and in particular the duty of the parties to help the court further them. The issues outlined below are the crux upon which this claim rests, and the proposed directions identify these issues and will allow them to be assessed in advance of the hearing so that this claim may proceed justly and expeditiously; without production of the requested documents, I am at a disadvantage and am unable to serve a proper defence. Failure of the claimant to supply the requested documentation will make the case much harder for the court to deal with as without production of the requested documentation will inhibit the courts ability to deal with the case

 

The House of Lords in the case of Wilson v First County Trust Ltd - [2003] All ER (D) 187 (Jul) made it clear in paragraph 29 of LORD NICHOLLS OF BIRKENHEAD judgment

 

29. The court's powers under section 127(1) are subject to significant qualification in two types of cases. The first type is where section 61(1)(a), regarding signing of agreements, is not complied with. In such cases the court 'shall not make' an enforcement order unless a document, whether or not in the prescribed form, containing all the prescribed terms, was signed by the debtor: section 127(3). Thus, signature of a document containing all the prescribed terms is an essential prerequisite to the court's power to make an enforcement order. The second type of case concerns failure to comply with the duty to supply a copy of an executed or unexecuted agreement pursuant to sections 62 and 63, or failure to comply with the duty to give notice of cancellation rights in accordance with section 64(1). Here again, subject to one exception regarding sections 62 and63, section 127(4) precludes the court from making an enforcement order.

 

The Claimants are deliberately frustrating these proceedings and preventing me from submitting a fully particularised Defence/Counter-claim, by refusing to provide information requested under CPR 18 on the 15th May 2008 which was sent special delivery.

 

Its is respectfully requested this case be allocated to the small claims track, it is a straight forward case and is easily resolved on production of the required documentation by the claimant, should the claimant not have the documentation required to progress this case I suggest that there will be no case to answer.

 

Therefore it stands to reason that this document must be disclosed before this case can progress any further.

[steven4064]

THat looks good

[tinkerbell20]

Yes it reads well:)

[pudsters14]

Fantastic... thanks guys! Will keep you updated what happens next. Hand delivered the AQ and all attachments to the court today!

 

Pudst

x x x x