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

[mystery1]

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

I'd agree with all of it bar the costs. If they pay the consent order and the cost of your application for an unless order then the deal is done. It won't matter who presents it to the court but i wouldn't be paying £45 to get them of the hook.

M1

[HB10]

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

what about date?

[mystery1]

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

28 days from today will be fine.

M1

[HB10]

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

They not willing to pay any cost - just got this reply from them


Further to your previous email, the content of which is noted.


We are not willing to pay any costs in relation to this matter. We have previously agreed with you to allow you further time to file your defence whilst we obtained documents from the Claimant.


Despite you failing to file a defence, we have not applied to the court for default judgment.


We did not consider it necessary for you to make an application to the court in any event and have tried to reach agreement with you to avoid a hearing in relation to this matter. We have now supplied you with the appropriate documentation for you to file your defence.


We would suggest that the most appropriate cause of action would be that you withdraw your application and ask the court to seal the consent order ahead of the hearing.


If you are not in agreement to do this we will proceed to the hearing as listed.


We hope this will not be necessary and that an agreement can be reached.


If you are in any doubt as to what cause of action to take, we recommend that you seek independent legal advice.


Kind regards,

[mystery1]

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

Then refuse the consent order and proceed to your application hearing.

I would submit a further witness statement for this hearing. You still need the court to give you a new date for filing your defence which is part of your outstanding application. The documents are no longer an issue but ultimately your application was successful on this point.

M1

[HB10]

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

A new witness statement? can you help me on this please.

the original unless order had a witness statement - would that not be the one for the hearing?

[mystery1]

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

A supplementary witness statement.

Just explain that they have supplied the documents, you asked for a consent order, they refused to pay costs etc.

Something like


56. I received from the claimant copies of documents that i was requesting in my application dated xxxxxx on xxxxxxx
57. I contacted the claimant requesting that we agree a consent order vacating my application upon a new defence filing date and the costs of the application being paid by them.
58. The claimant agreed to a consent order on the basis of no costs.
59. I refused as their behaviour and lack of compliance with cpr forced me to make my application to protect my position and cost me time and money. The refusal by the claimant continues their unreasonable behaviour.
60. I believe my application for disclosure has ultimately been successful in gaining disclosure but still require the court to set a new date for filing a defence as the old date and subsequent extensions have expired.



Something along those lines with relevant exhibits added :okay:

M1

[HB10]

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

Thanks for the help M1

Im away from home at present, so will have to sort the document over the weekend and then put through on Tues (due to the bank holidays).

[HB10]

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

Hi M1, hope you had a good Easter.

I have this as a witness statement - does it look fine to you?

The date for the application - i have used the application for the order date or should it be the date for the CPR request date


Between:

AKTIV KAPITAL PORTFOLIO AS ZUG (Claimant)

-And-

MR xxxxxxxxxxxxxxxx (Defendant)


Witness Statement of:

MR xxxxxxxxxxxxxxxxxxx
_________________________

1. I xxxxxxxxxxxxx of xxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxx being the Defendant,
am a litigant in person in this case.

2. I make this Witness Statement in support of my application dated 3rd January 2014 for an order that the Claimant do provide me with documents mentioned within the statement of case pursuant to CPR 31.14.

3. I received from the claimant copies of documents that i was requesting in my application dated 3rd January 2014 on 9th April 2014.

4. I contacted the claimant requesting that we agree a consent order vacating my application upon a new defence filing date and the costs of the application being paid by them.

5. The claimant agreed to a consent order on the basis of no costs. (Exhibit 17)

6. I refused as their behaviour and lack of compliance with CPR forced me to make my application to protect my position and cost me time and money. The refusal by the claimant continues their unreasonable behaviour. (Exhibit 18, Exhibit 19)

7. I believe my application for disclosure has ultimately been successful in gaining disclosure but still require the court to set a new date for filing a defence as the old date and subsequent extensions have expired.

8. Statement of Truth:

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

Signed:

Dated:

[mystery1]

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

:okay:

M1

[HB10]

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

Thanks again M1.

Couple of things;

Do i title it as witness statement as one was already submitted with original application or do i need to mention some how its additional, or witness statement 2, etc?

The initial application was made via email, after which the case was transferred to my local county court. Would the new witness statement need to be sent via post or email to the local county court.

Thanks

[mystery1]

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

Witness statement # 2 will suffice as far as i'm aware.

Send it to the local court. Phone the tomorrow to confirm the #2 as well as the email adress :okay:

M1

[HB10]

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

Called the court...

Regards the Witness Statement - she just said they can not legally mention what to be written....i will just call it Witness Statement 2

I need to send to IND also - just email a copy?

I did not send IND the first Witness Statement, draft order, n244 copy, exhibits...should i forward all that to them also? (as now there is a new person on their side handling the case)

[mystery1]

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

The original application etc would be sent ny the court.

It won't do any harm to send ws2 to them.

M1

[HB10]

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

sent ws2 to court.

what particular preparation will i need to sort before the hearing?

also any particular questions that i must be ready for?

thanks