MBNA / Restons Court Claim

[FlamingParrot]

Re: MBNA / Restons Court Claim

Sent my letter to Restons with date set for response as 9th April (Deadline being 23rd).
Also emailed the court the letter which they have acknowledged receiving and have added to file.

Date fast approaching but don't want to tempt fate so am sitting on defence prep for now.
Any tips on application for "unless order" appreciated.

Many thanks

You may want to look at the threads posted below. Basically you need to fill in an N244 form, draft order for directions and a witness statement:

You need th n244 form http://www.legalbeagles.info/forums/showthread.php?35511-CL-Finance-taking-me-to-court-over-loan-(ex-HSBC)-which-has-PPI-how-to-defend&p=276181#post276181 is how you fill it in.

You need the draft order to go with it http://www.legalbeagles.info/forums/...ht=#post402292

You need your witness statement to tell the story of getting the claim and all the steps you took to obtain disclosure of the documents from sending the letter and any subsequent enquiries you made including asking for an extension to the time for filing your defence and their refusal along the lines of http://www.legalbeagles.info/forums/...857#post404857

M1

[Mijasmom]

Re: MBNA / Restons Court Claim

Will do thanks

[Mijasmom]

Re: MBNA / Restons Court Claim

Well, have put together my witness statement to send in for N244 application.
I have attached document for comments. Please let em know what you think.
Also do I attach a cheque as payment for application or ring the court and pay by card?

[Mijasmom]

Re: MBNA / Restons Court Claim

Sent in my N244 application and witness statement etc. to NCCaround the 14th of April, Restons deadline for reply to me being the 9th.
Got a reply from Court on 23rd saying Claim has been sent to my Local County Court and they will be in touch.
Over a week now and nothing yet.
Does anyone know how long it can take for Court response?

[mystery1]

Re: MBNA / Restons Court Claim

Depends how busy they are really. Give them a quick call tomorrow.

M1

[Mijasmom]

Re: MBNA / Restons Court Claim

Thanks M1
Didn't have to call, as received papers from Local Courts this week as;

The hearing of the defendants application for an order for the claimant to provide documents (see copy attached) will take place at 10.30 am on the 9th June 2014 at the County Court......... (Local Law Courts)

The papers I received from the Court are copies of my Application Notice, Witness Statement with supporting exhibits and Draft Order.
As yet nothing else from Reston's or Arrow Global.
Will I need to attend this hearing or will the judge just review documents?

[mystery1]

Re: MBNA / Restons Court Claim

I would proceed with the mindset that attendance is required and anything else is a bonus.

M1

[pt2537]

Re: MBNA / Restons Court Claim

I would proceed with the mindset that attendance is required and anything else is a bonus.

M1

Agree, its your application so youve gotta attend. But the simple point is you cannot prepare a defence without the documents and you cannot get any legal assistance from anyone without having the documents in your possession.

Thats how i would press it to the Judge

[Mijasmom]

Re: MBNA / Restons Court Claim

Thanks M1 & pt2537.

[Mijasmom]

Re: MBNA / Restons Court Claim

Well is this typical Restons!!!

Hearing set for Monday 10.30 for an application for the claimant to supply documents under CPR 31.14. Not heard from Restons for weeks.

On Thursday received an email from Miss Cook, Junior Solicitor stating;

Re: Arrow Global Limited v. Yourself
Arrow Global Collections

Dear Sir

We refer to the above mentioned matter and the hearing on 09 June 2014.

We do not accept the basis upon which the application was made. Our client is quite prepared to oppose the hearing and to seek recovery of its costs in so doing.

However, on a voluntary basis we enclose with this email:-

1) A copy of the Credit Agreement which you signed on the 15 July 2008;
2) A reconstitution of the terms and conditions (commencing with Clause 4) which accompanied the Credit Agreement and are referred to in (1). Clauses 1 to 3 are the same as appeared on the form you signed and hence are not repeated;
3) A copy of the Default Notice dated 07 June 2010 served by MBNA;
4) A copy of the Notice of Assignment which was served on you by our client.

Please note a hard copy of these documents has also been sent in the post together with reconstituted Statements of Account.

We submit that in light of this documentation you have no realistic prospect of contesting the claim.

On Friday received all documents as requested in the Post!!
As they have now supplied all documents as requested I contacted Court to ask what best to do.
They advised cancel, adjourn or go ahead, but as the documents have been supplied it may not be the best course.

Having looked at doc's I decided best to cancel hearing and re-group.
Now received another copy of documents with a witness statement from Restons Solicitor, J. Bouchier contesting my Application and asking Court to make a judgement.
Including a costs bill of over £1300.

I have cancelled the hearing by fax to Court to be followed by Hand delivered letter on Monday am. Also emailed and sent guaranteed delivery letter to Restons to confirm this.
At a loss as what to do next?
Should I now start to try negotiating a settlement or payment plan?

Sorry bit long winded but have'nt been able to breath last 24hours

[mystery1]

Re: MBNA / Restons Court Claim

Well it depends on whether the court actually cancels it. Do Restons know you tried to cancel it yet ?

Your application was ultimately successful so i think you did wrong to be honest. There is also a problem of you being out of time for filing a defence which was part of your application.

They would've struggled to get costs. None of the 3/4 disappointments suffered in this route had costs against them as far as i'm aware.

M1

[Mijasmom]

Re: MBNA / Restons Court Claim

Yes I emailed them a copy of the letter to the court.

So does this mean I don't haven't any time to file a defence even though they only responded 4 days before hearing with documents required under CPR request?

[mystery1]

Re: MBNA / Restons Court Claim

Technically, from what you've said, yes.

Has the claimant offered you a chance to defend ?

M1

[Mijasmom]

Re: MBNA / Restons Court Claim

No mention from claimant of opportunity to defend after receipt of documents.
As I have not been able to take advise without basis of case documents can they force things?

[mystery1]

Re: MBNA / Restons Court Claim

They can apply for default judgement now, yes. Try and lodge a defence or settle asap.

M1