Please help - very worried. Ref: IND/Hegarty LLP/Aktiv Kapital/MBNA

[mystery1]

Re: Please help - very worried. Ref: IND/Hegarty LLP/Aktiv Kapital/MBNA

Hi, Happy new year!

i'll be applying tomorrow. Will make one more call tomorrow - so will show decent call log of trying to get information etc.

i have the form completed - post 56 - (noted replied comments in post 59)

draft completed.

witness statement will be completed after the call tomorrow.

is everything fine with the form and draft? anything else i need to do.... thanks

Seems fine to me.

M1

[HB10]

Re: Please help - very worried. Ref: IND/Hegarty LLP/Aktiv Kapital/MBNA

Thanks M1,

Just called Hegarty and spoke to the guy dealing with the case. He said the documents have not been received and is still chasing them up. He is extending for a further 14 days, making the date now 20th Jan. He sending another letter via email and post.

[Streetwise]

Re: Please help - very worried. Ref: IND/Hegarty LLP/Aktiv Kapital/MBNA

Thanks M1,

Just called Hegarty and spoke to the guy dealing with the case. He said the documents have not been received and is still chasing them up. He is extending for a further 14 days, making the date now 20th Jan. He sending another letter via email and post.

Don't think you should let them extend but wait till you here from others more knowledgeable.

[HB10]

Re: Please help - very worried. Ref: IND/Hegarty LLP/Aktiv Kapital/MBNA

Thanks streetwise,

when i called he straight away acknowledged that the docs have not come and that he would be fine with a further 14 days extension. I did not say anything to the full 28 days allowed - not knowing if it would go against me to keep the short 14 days. seems like they wouldnt be delivering in another 14 days?

[mystery1]

Re: Please help - very worried. Ref: IND/Hegarty LLP/Aktiv Kapital/MBNA

Thanks M1,

Just called Hegarty and spoke to the guy dealing with the case. He said the documents have not been received and is still chasing them up. He is extending for a further 14 days, making the date now 20th Jan. He sending another letter via email and post.

The rules allow for 1 extension. Time is up.

M1

[HB10]

Re: Please help - very worried. Ref: IND/Hegarty LLP/Aktiv Kapital/MBNA

Hi, can you help pls...

Im confused at the situation now.

When i spoke to the guy at Hegarty - he said the further extension is no problem.

If the further extension was discussed during the call - ie as per the call log and if an order is applied for - would that go against me?

What should I do with this situation? Thanks

[mystery1]

Re: Please help - very worried. Ref: IND/Hegarty LLP/Aktiv Kapital/MBNA

When i spoke to the guy at Hegarty - he said the further extension is no problem.

He may think he is right but he isn't.

If the further extension was discussed during the call - ie as per the call log and if an order is applied for - would that go against me?

Subsequent research proved this was not acceptable, sir.

What should I do with this situation?

Phone them back and tell them the rules don't allow for it and ask if he will consent to an unless order to save costs. (he will refuse)

Then send your application for an unless order to the court.



Don't let them confuse you. The rules are the rules. If in doubt, read them. http://www.justice.gov.uk/courts/pro...es/civil/rules

To start you off.
http://www.justice.gov.uk/courts/pro...es/part15#15.5

PART 15 - DEFENCE AND REPLY



Agreement extending the period for filing a defence
15.5
(1) The defendant and the claimant may agree that the period for filing a defence specified in rule 15.4 shall be extended by up to 28 days.
(2) Where the defendant and the claimant agree to extend the period for filing a defence, the defendant must notify the court in writing.


http://www.justice.gov.uk/courts/pro...les/part01#1.3

Duty of the parties
1.3
The parties are required to help the court to further the overriding objective
The overriding objective

http://www.justice.gov.uk/courts/pro...les/part01#1.1
1.1
(1) These Rules are a new procedural code with the overriding objective of enabling the court to deal with cases justly and at proportionate cost.
(2) Dealing with a case justly and at proportionate cost includes, so far as is practicable –
(a) ensuring that the parties are on an equal footing;
(b) saving expense;
(c) dealing with the case in ways which are proportionate –
(i) to the amount of money involved;
(ii) to the importance of the case;
(iii) to the complexity of the issues; and
(iv) to the financial position of each party;
(d) ensuring that it is dealt with expeditiously and fairly;
(e) allotting to it an appropriate share of the court’s resources, while taking into account the need to allot resources to other cases; and
(f) enforcing compliance with rules, practice directions and orders.


M1

[HB10]

Re: Please help - very worried. Ref: IND/Hegarty LLP/Aktiv Kapital/MBNA

have just received this from hegarty

Dear Mr ,


I refer to our telephone conversation this morning and write to confirm that your time for service of your Defence has been further extended by a period of 14 days from 6^th January 2014. Accordingly your Defence is now due on 20^th January 2014.

Yours sincerely,

[mystery1]

Re: Please help - very worried. Ref: IND/Hegarty LLP/Aktiv Kapital/MBNA

have just received this from hegarty

Dear Mr ,


I refer to our telephone conversation this morning and write to confirm that your time for service of your Defence has been further extended by a period of 14 days from 6^th January 2014. Accordingly your Defence is now due on 20^th January 2014.

Yours sincerely,

A further last point before i head off to work.

This is an extension to the time for filing your defence. It is not so they can prat about. He is attempting to give you 18 days and yet doesn't have the documents so if you didn't get them by Monday would he still be extending or just not giving you more than a few hours to study them and compile a defence.

They are attempting to take huge liberties with you.

M1

[Streetwise]

Re: Please help - very worried. Ref: IND/Hegarty LLP/Aktiv Kapital/MBNA

have just received this from hegarty

Dear Mr ,


I refer to our telephone conversation this morning and write to confirm that your time for service of your Defence has been further extended by a period of 14 days from 6^th January 2014. Accordingly your Defence is now due on 20^th January 2014.

Yours sincerely,

Just send your application to the court for an unless order,NOW sorry for shouting but.

[HB10]

Re: Please help - very worried. Ref: IND/Hegarty LLP/Aktiv Kapital/MBNA

I just spoke to hegarty again...he kept on repeating - what my concern was as he has granted the extension.

i mentioned the unless order and he just replied saying - well i have granted you 14 days extension so i will just show the court the email.

[HB10]

Re: Please help - very worried. Ref: IND/Hegarty LLP/Aktiv Kapital/MBNA

called the court - i can apply via email - make payment then email the docs - i will be doing that tomorrow. want to make sure everything is in order before i do.

regards the witness statement - I have been making a log of all the calls ive been making. question regards the last two calls - ie today - I have not yet sent the confirmation email to hegarty regards the calls - i will be.

1st call - mentioned that they still do not have the docs and that they will grant an extra 14 days extension

2nd call - similar discussion - and mentioned unless order - and that only 1 extension is allowed

how would the courts view that fact that hegarty mentioned extension and sent email - but im applying for a unless order.....also in 2nd call - it was discussed that if i applied for unless order then they would just show the email to the courts.

pls help on clarifty....thanks

[Streetwise]

Re: Please help - very worried. Ref: IND/Hegarty LLP/Aktiv Kapital/MBNA

I just spoke to hegarty again...he kept on repeating - what my concern was as he has granted the extension.

i mentioned the unless order and he just replied saying - well i have granted you 14 days extension so i will just show the court the email.

Your being MUGGED.

[HB10]

Re: Please help - very worried. Ref: IND/Hegarty LLP/Aktiv Kapital/MBNA

thanks streetwise....i'll be applying tomorrow....just want to make sure all paperwork in place.

will wait for M1 regards the above on witness statements and call logs.....cheers

[HB10]

Re: Please help - very worried. Ref: IND/Hegarty LLP/Aktiv Kapital/MBNA

ive completed the witness statement.... can you please let me know if this is fine.... thanks

(ignore the exhbit numbers)

1. I ----me----- of ---address---- being the Defendant, am a litigant in person in this case.

2. I make this Witness Statement in support of my application for an order (draft of which attached) that the Claimant do provide me with documents mentioned within the statement of case pursuant to CPR 31.14.

3. On 9^th December 2013 I have sent to Claimant’s legal representative Hegarty LLP requesting, under CPR 31.14, all documents mentioned in the particulars of claim (Exhibit 2)

4. The request was sent via Royal mail next day delivery (Exhibit 3) and it was delivered to the legal representative office in Peterborough on 10^th December 2013. (Exhibit 4)

5. Having not had a reply, on 18^th December 2013, I called and spoke to Ebony to check the status of my request (Exhibit 5).

6. Since there was no clarity given as to the requested documents and claim handler, I called again and spoke to Georgina for confirmation. This request was again passed to a senior manager for a call back (Exhibit 6).

7. Numerous calls have been made to Hegarty and IND in house solicitor Mr David Farmer to gain clarity on the requested documents. (Exhibit 7), (Exhibit 8), (Exhibit 9), (Exhibit 10), (Exhibit 11), (Exhibit 12), (Exhibit 13).

8. On 20^th December 2013 the Claimant’s legal representative Hegarty LLP (Mr Matthew Sidebottom) agreed to extend the filing date till 6^th January 2014 (Exhibit 14) as they had no clear idea on when they would have the requested documents.

9. Having had no reply I called Mr Matthew Sidebottom again on 24^th December 2014 (Exhibit 15) and 2^nd January 2014 (Exhibit 16), (Exhibit17) for clarification on the requested documents.

10. Till this day, the Claimant and their legal representative have so far ignored this request and no communication as regards to the reason for neither the delay nor a date given as to when I should be expecting to receive the relevant documents.

11. The Claimant and their representative have shown clear disregard of CPR31.15 which clearly stated that;
Where a party has a right to inspect a document –
(a) that party must give the party who disclosed the document written notice of his wish to inspect it;
(b) the party who disclosed the document must permit inspection not more than 7 days after the date on which he received the notice; and
(c) that party may request a copy of the document and, if he also undertakes to pay reasonable copying costs, the party who disclosed the document must supply him with a copy not more than 7 days after the date on which he received the request.

12. I also refer to the ruling of Rix LJ in Expandable v Rubin [2008] EWCA Civ 59 (at paragraph 24)
“The general ethos of the CPR is for a more cards on the table approach to litigation. If a party thinks it worthwhile to mention a document in his pleadings, witness statements or affidavits, I do not see why, subject as I say to the question of privilege, the court should put difficulties in the way of inspection. I look upon the mention of a document in pleadings etc as a form of disclosure. The document in question has not been disclosed by list, or at any rate not yet, but it has been disclosed by mention in what, for the purposes of litigation, is another important and formal category of documents. If so, then the party deploying that document by its mention should in principle be prepared to be required to permit its inspection, and the other party should be entitled to its inspection.”

13. Suffice to say that without the availability of relevant documents as stated in the particulars of claim for my inspection, I will therefore unable to defend the claim brought against me by the Claimant.

14. Statement of Truth:

I, ____me_________, the Defendant, believe the facts stated within this Witness Statement to be true.

Signed:

Dated: