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

[Streetwise]

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

Don't wait M1 might not get back in time get the application in.

[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.

It means not a lot. You can show that you asked for 28 days and they refused. Like i said, it's not an extension for them to comply with disclosure rules it's for you to file a defence. 31.15 says they have 7 days. You've tried everything to accommodate them and they are just pissing around. Cpr 15.5 says "an extension" which implies singular not plural. You should have 14 days to file a defence imo and that is not going to happen because the documents could be anywhere.

Besides this the court won't hear the application immediately and if they still haven't got them they'll look kind of silly as that 14 days would be up !

M1

[mystery1]

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:

13 needs deleted imo.

M1

[HB10]

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

Received this from Hegarty this morning

Thank you for this. You have omitted to mention one aspect of our telephone conversation. You indicated that you had taken advice and had been told that only one extension of time is permitted under the rules. You confirmed that you had received my email confirming the further extension until 20th January and I asked what your concerns were in relation to this second extension. You were unable to identify any such concerns. I told you that if you had any concerns then I would be happy to address them.

Other than that, your note is an accurate reflection of our telephone conversation.

[HB10]

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

application made - payment via phone then emailed all the documents

[Streetwise]

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

application made - payment via phone then emailed all the documents

Please call the Court and make sure they have recieved your emailed documents.

[mystery1]

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

Received this from Hegarty this morning

Thank you for this. You have omitted to mention one aspect of our telephone conversation. You indicated that you had taken advice and had been told that only one extension of time is permitted under the rules. You confirmed that you had received my email confirming the further extension until 20th January and I asked what your concerns were in relation to this second extension. You were unable to identify any such concerns. I told you that if you had any concerns then I would be happy to address them.

Other than that, your note is an accurate reflection of our telephone conversation.

Doesn't change much and, i assume, it's an accurate reflection.

I'd have replied with a rewritten overview of the conversation and added that it was per his email that you'd changed it and then changed the original exhibit for that one. I guess it's too late for that now and shouldn't really make much difference.

M1

[mystery1]

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

Having read cpr 15 again i now conclude it does not say an extension. I apologise for being wrong.

I'd also point out that it is still correct to apply as the time for them to disclose lapsed after 7 days and the time for you to file your defence is getting short. The rules for a defence usually allow you 14 days and plainly you are not going to get that. Cpr 15.4 1(a)

You haven't applied because of the extension shenanigans, you've applied because they are way over time and your time is running out.

M1

[HB10]

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

Thanks m1 and streetwise,

i emailed the docs and received the auto responder. called the courts but they said call on monday and see if the docs on records as it usually takes a few days. however, they said sinc eyou have emailed and received the auto responder - plus made th payment and its all been noted so the date will not be a problem

i did not change the exhibit - though i did mention the call and the fact that i said that only 'an' extension is allowed. also did not include his replied email regards the call and his points. is this likely to be an issue now?

[HB10]

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

Called the northampton court - case has now been transferred to local court (leicester county court)....called leicester county court - they have on record of application and fee details etc

[HB10]

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

Received letter from court

To all parties

This claim has been transferred to the Leicester County Court for that court to deal with the defendant's application for the Claimant to provide the defendant with the further information.

The court will send you and the other parties notice of the time, date and place of hearing.

[toomanycalls]

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

Do you need to attend the hearing for a N244?

[mystery1]

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

Do you need to attend the hearing for a N244?

If one has been asked for (recommended) then yes.

M1

[toomanycalls]

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

If one has been asked for (recommended) then yes.

M1

Thanks for coming back, just to clarify is that the defendants home court or the claimants in the case of this n244 for CPR disclosure?

[mystery1]

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

Defendants.

M1