[DISCONTINUED] - DC not mentioned in particulars of claim

[Undercover Elsa]

Re: DC not mentioned in particulars of claim yet Judge gives them a 2nd chance

I just wanted to reassure you that we haven't forgotten you, it's just how we work, to tight deadlines and in order of which defences are due first for all our cases. I've put all your deadlines in our legal diary

As I understand it they're also ordered to provide the "documents showing how the claimant obtains its interest in this debt adding commercially sensitive matters may be redacted."

Did they include the Credit Agreement with terms and conditions and/or the Default Notice in with the SAR?

(Although that's completely separate from the CCA Request, they have to respond to that specifically)

[Chole]

Re: DC not mentioned in particulars of claim yet Judge gives them a 2nd chance

Did they include the Credit Agreement with terms and conditions and/or the Default Notice in with the SAR?

Will take a look and get back.

So much to wade through and more SAR docs arrived Fri

[Undercover Elsa]

Re: DC not mentioned in particulars of claim yet Judge gives them a 2nd chance

The agreement, all the terms and conditions, the Default Notice and Notice of Assignment are all important, so look out for them x

[PlanB]

Re: DC not mentioned in particulars of claim yet Judge gives them a 2nd chance

Let me try to put this in perspective for you.

The Claimant has asked the court to make you pay them a sum of money which they say you owe them. The onus is on them to prove their case. To do that they will have to provide the court with evidence.

You filed a Defence which basically challenged their legal right to claim this debt (assignment issues).

You then issued an application for a Summary Judgement asking the court to strike out the claim for the same reason (lawful assignment challenge).

The court has stepped in and ordered the Claimant to provide proof of a lawful assignment (redacted DOA), and they also ordered them to provide a Default Notice by 15th July.

So far they've provided the Deed of Assignment (which only the court can decide is compliant or not) and they have refused to provide the DN because they say it's not relevant.

There is nothing more you need to do until 15th July which is when the court deadline for compliance with the Order expires.

Tomorrow I will email you since it's unclear from the documents you have sent whether there is to be a separate hearing for your SJ application since the Trial (final hearing) has now been listed. You ticked "Yes" to the request for the court to deal with the SJ by way of a hearing and not on paper on your application. This situation needs to be clarified.

[PlanB]

Re: DC not mentioned in particulars of claim yet Judge gives them a 2nd chance

SAR didn't answer all my requested documents and another waste of paper and ink to me.

Your SAR request did not ask for any specific documents. Basically it asked the original creditor for 'anything and everything' they have on file which relates to you when they were the original owner of this debt (or any other accounts you may have held with them in the past).

Your CCA request asked specifically for the credit agreement (and some other specific stuff) and you sent that to the current owner of this debt.

You need to keep these two requests separate in your mind. In fact if I'm not too late I'm going to suggest that you keep the responses you receive in their separate envelopes so as not to muddle the paperwork.

What you receive from your SAR request is your private business to reveal if it helps your case or conceal if it doesn't. (This case is in the Small Claims Track so you don't have to disclose everything). It will also provide valuable background research. This is how you will know if the Claimant's evidence is honest without telling them (yet) why you know it isn't. That's the element of surprise saved for the hearing.

What you get back from your CCA request is likely to be (some of) the Claimant's evidence which they intend to rely on in court. Those are the documents which we will need to examine for honesty and accuracy.

I hope that helps you to compartmentalize things

Plan B x

[Never-In-Doubt]

Re: DC not mentioned in particulars of claim yet Judge gives them a 2nd chance

Hi

Ive now formally asked our Solicitor to look at this for you. Please check email.

[PlanB]

Re: DC not mentioned in particulars of claim yet Judge gives them a 2nd chance

Can you reply to my email please

Plan B x

[PlanB]

Re: DC not mentioned in particulars of claim yet Judge gives them a 2nd chance

So today's the day.

The court ordered the Claimant to provide MBNA's Default Notice (and the redacted DOA between them and Aktiv Kapital/PRA which they have done) by 15th July.

J & P solicitors have told you they're not going to provide the DN as you requested because the Claimant does not rely upon the DN to advance their claim. That may be the case but nevertheless the court has Ordered them to provide it.

Never mind J & P's attitude that the DN won't help their claim because maybe the DN will be helpful to your Defence. What the court asks the court gets, and if not the court may take a hard line (I do hope so).

Please respond to Niddy's and my emails.

Plan B x

[Chole]

Re: DC not mentioned in particulars of claim yet Judge gives them a 2nd chance

Ive now formally asked our Solicitor to look at this for you. Please check email.

Thank you

Can you reply to my email please

Being on a downer and realise head in the sand hence non-opening of laptop

So today's the day. The court ordered the Claimant to provide MBNA's Default Notice (and the redacted DOA between them and Aktiv Kapital/PRA which they have done) by 15th July.

Postman arrived today (15 Jul 2015) with only a catalogue statement - nothing from claimant or their solicitor

Will update tomorrow with what received the other day as it has being another trying and tiring day + feeling overwhelmed

Please respond to Niddy's and my emails.

Considered done x 2

Thank you both for your continued encouragements. Seen as an appreciated nudge

[PlanB]

Re: DC not mentioned in particulars of claim yet Judge gives them a 2nd chance

Being on a downer and realise head in the sand hence non-opening of laptop

Been there done that many many times just like most of us on this forum.

You are not alone



Plan B x

[Chole]

Re: DC not mentioned in particulars of claim yet Judge gives them a 2nd chance

Been there done that many many times just like most of us on this forum.

Made me smile!

[Chole]

Re: DC not mentioned in particulars of claim yet Judge gives them a 2nd chance

There is nothing more you need to do until 15th July which is when the court deadline for compliance with the Order expires

That’s why saw no point in updating this thread until this date arrived.

Most slowest anxious wait.

Have you received anything else from PRA yet? Any response to the CCA Request?

See the attached pic and don’t laugh too loud or may hear you from where I’m sitting!

Thanks for your advice and directing me to that CCA template

Did they include the Credit Agreement with terms and conditions and/or the Default Notice in with the SAR? […] (Although that's completely separate from the CCA Request, they have to respond to that specifically)

I think so

Sending via email

The agreement, all the terms and conditions, the Default Notice and Notice of Assignment are all important, so look out for them

Again sending what I think you’re asking for via email

So far they've provided the Deed of Assignment (which only the court can decide is compliant or not)

Will be interesting to see what the court thinks as I can’t comprehend how you can say a contract is valid when there’s two (sometimes three) pieces of paper that is referred to as the same legal Deed of Assignment? One signature on one and another signature on the other (and a third signature on yet another – when one of the ‘deeds’ was suppose to have 3 signees!) And you’re telling me that 3 pieces of paper is really one piece of paper? Is the Judge suppose to cut and paste the signatures, place onto an A4 and see it as a valid deed?

Never seen a deed before but isn’t a valid contract, one piece of paper with ALL signatures on that one piece of paper ???

Am I missing something?

You’ll see what I’m on about in the email attachments

I will email you since it's unclear from the documents you have sent whether there is to be a separate hearing for your SJ application […]This situation needs to be clarified

I haven’t seen that email yet. Poss to resend or as a PM?

See now I'm confused

Thank you for that email Niddy! (Unsure if you received it but I did reply)

You’re not the only one confused.

So many paperwork has done my head in and left it spinning each time I look at the growing pile from this whole thing!

This is on top of other far more serious paperwork stuff got going on with me.

Spent over 1hr on the library slow scanner the other day to get 35 scans of what has being requested here. I scanned some of the SAR response (sent 3 separate ones for ALL the 3 accounts had with them so had to distinguish which was which) and other paperwork what I think may be of help with assisting with my amended defence.

Still attempting to place them into some sort of order to send via email.

Hoping to be done by 1pm today

===
THIS IS THE RESPONSE SO FAR!

[Chole]

Re: DC not mentioned in particulars of claim yet Judge gives them a 2nd chance

I expect the hearing on 17th August is for the SJ and not the full Trial - or maybe a combination of both.

Postman just arrived (12:03hrs) with notification of hearing of the defendant's application for summary judgement 11:00am 17 Aug 2015. (Sending to you via email)

As said previously, had no-one to look over the N244 form prior to sending off why ticked that box unknowingly

[PlanB]

Re: DC not mentioned in particulars of claim yet Judge gives them a 2nd chance

notification of hearing of the defendant's application for summary judgement 11:00am 17 Aug 2015.

That's the same date and time as the Final Hearing has been listed which means the court has decided to deal with both the claim and your SJ application at the same time, as predicted.

That makes sense.


Plan B x

[Chole]

Re: DC not mentioned in particulars of claim yet Judge gives them a 2nd chance

means the court has decided to deal with both the claim and your SJ application

Sent an update via PM regarding a letter received today from the claimant's solicitor who says otherwise

Looking forward to your suggested reply to the claimant


Thank you!