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

[mystery1]

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

Witness statement:

Im not sure about section 3. Although they agreed to the 6th jan 2014 as extension they have not sent email confirmation yet - due to get tomorrow. The wording does not seem right as i requested the 31.14 documents even before the extension period? or am i wrong....?


Date

In the Northampton (CCBC) County Court
Claim Number: XXXX

Between:
Aktiv Kapital (Claimant)

-And-

Me (Defendant)

_________________________

WITNESS STATEMENT OF

me
_________________________


1. I _____me____ of xxxxx 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 18^th December 2013, following Claimant’s agreement to extend filing date till 6^th January (Exhibit 1), 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 next day delivery (Exhibit 3) and it was delivered to the legal representative office in Peterborough on 10^th December 2013. (Exhibit 4)

5. Till this day, the Claimant and their legal representative have so far ignored this request and no communication as regards to the reason for the delay nor a date given as to when I should be expecting to receive the relevant documents.

6.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.

7. 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.”

8. 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.

9.Statement of Truth:

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

Signed:

Dated:

3. cannot be correct. You said it was sent special delivery on the 9th. In fact you even says so in 4.

You do not mention each and every call that you have made to get compliance ????

After point 2 you need to tell a story.

I received a claim on xxx fromxxx

i sent a request under cpr 31.14 by special delivery on xxx exhibit 1

I checked royal mail tracking and it was delivered xxx @ xxx exhibit 2

Having not had a reply, on xxx i called and spoke to xxx to check on the status of my request exhibit 3

I phoned again on xxx Exhibit 4

etc etc

M1

[HB10]

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

Thanks M1 for the above - i will complete the witness statement first thing in the morning. I have all the records etc. Should i include each call made etc?

thank you

[HB10]

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

Hegarty sent the email/letter with the 14 day extension.....posting below. Do i just email this letter to the Court - is there
any thing particular i need to do, or form etc? Thanks again for the support.

Dear Sir,


Atkiv Kapital v Mr


We write further to your recent request to extend the time period for filing your
defence.


We confirm that we agree to extend the time period for filing your defence, by a
further 14 days, until 06 January 2014.


We would remind you that it is your responsibility to notify the Court of the agreed
extension as per 15.5(2) of the Civil Procedure Rules.


If you are in any doubt as to what action you should take (if any) then we would urge
you to seek independent legal advice.

[FlamingParrot]

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

Hegarty sent the email/letter with the 14 day extension.....posting below. Do i just email this letter to the Court - is there
any thing particular i need to do, or form etc?

Yes, you can email it as per post quoted below:

Just send an email to the court at ccbcdefendants@hmcts.gsi.gov.uk

Take note of Practice Direction 5B - particularly:

4.8 Where proceedings have been commenced, the subject line of the e-mail must contain the following information –
(1) the case number;
(2) the parties' names (abbreviated if necessary); and
(3) the date and time of any hearing to which the e-mail relates.

[Gorang]

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

Thanks M1 for the above - i will complete the witness statement first thing in the morning. I have all the records etc. Should i include each call made etc?

thank you

As you have the extension now, not necessary for the mo, but still keep a record of all the calls (and transcripts) as you may still need them later on, to show in your next application (or defence) to the court of how unforthcoming they are being, and how much times you have HAD to phone them and chase them

Who wants to lay odds, if they will supply you with the docs within the 14 day extension

My money is on NO they won't lol

[HB10]

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

Thanks M1 and FP.... thanks for the support....email sent.

Wishing you guys and everyone else a Merry Christmas.

[mystery1]

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

Don't leave it to the last minute to make an application for an unless order if they fail to comply. Phone today and ask when. Phone 24th and ask when. Then apply Monday 30th if you have had the documents.

M1

[HB10]

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

yes, called this am to ask when, they do not have the docs and not sure when....call logged.... now next monday for the call.

what do you think is the reason for them only agreeing on 14 days extension - trying to show they confident that they will have the docs???

[mystery1]

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

what do you think is the reason for them only agreeing on 14 days extension

Stupidity.

M1

[abducted51]

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

Good luck with this. I'm following your thread closely as currently going through the same process, although slightly behind you. Submitted my AoS a couple of days ago and am now preparing to send CPR31.

Hopefully this is not seen as HJ'ing your thread but...

How does the holiday period affect deadline dates? I can get to the post office today with CPR31 but with my defence deadline being 4th Jan they/me am not gonna have much office time to comply. How does this work?

Good luck with your claim and a Merry Christmas

[Gorang]

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

Good luck with this. I'm following your thread closely as currently going through the same process, although slightly behind you. Submitted my AoS a couple of days ago and am now preparing to send CPR31.

Hopefully this is not seen as HJ'ing your thread but...

How does the holiday period affect deadline dates? I can get to the post office today with CPR31 but with my defence deadline being 4th Jan they/me am not gonna have much office time to comply. How does this work?

Good luck with your claim and a Merry Christmas

Hi and welcome

By the sounds of it you do not have that much time left

Could you start your own thread in this section and tell us what has happened and when since the account opened so we can give you the correct advise

One thing to note is different amounts being claimed has different procedures to follow ie over or under £10k

[HB10]

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

hi, hope everyone had a good christmas.

phoned hegarty on the 24th - answering machine - stating that the offices are now closed till the 2nd Jan.

What to do next? Call on the 2nd and then apply immediately for order?

[mystery1]

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

Apply now. Had they given 28 days i'd have applied after another call. They restricted the time so tough.

M1

[HB10]

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

[spampocket]

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

Sounds like a pickle and just being fussy as they don't no what their doing by the sounds of it but goodluck mate.