Court Claim - MKDP / Morgan Stanley / Barclaycard - 29-5-2014

[Twin]

Re: Court Claim - MKDP / Morgan Stanley / Barclaycard - 29-5-2014

Yeah I think I have to "file" and "serve" (see I'm learning!) my documents some time in January. I assume theirs is the same.

Ok then I'll have a look through the two docs and see what I can find.

Do you know if MS are obliged to respond to my SAR letter??

[Amethyst]

Re: Court Claim - MKDP / Morgan Stanley / Barclaycard - 29-5-2014

Yes they are, if they hold any information about you they must respond to your SAR. - https://ico.org.uk/for-the-public/personal-information

File = send to the court
Serve = send to the other party

[Twin]

Re: Court Claim - MKDP / Morgan Stanley / Barclaycard - 29-5-2014

So as they haven't responded do you think it would be foolish to assume they have no information on me and possibly rely on that??

I've had a look through the terms and all the dates and rates seem to match up with the signed copy and one of them actually has MSDW printed on it :-(

[Twin]

Filing and serving documents

The documents I must file and serve, I this merely the evidence or should there be some sort of statement of defence too?
Is there a formal or preferred way to do this?

Thanks

[nemesis45]

Re: Filing and serving documents

What matter are you dealing with please?
Is the county court?

[Twin]

Re: Filing and serving documents

Yes, sorry.
Hearing is in 4 weeks docs deadline is next week.

http://www.legalbeagles.info/forums/...card-29-5-2014

[Twin]

Re: Filing and serving documents

So reading back through all the paperwork I guess I should have submitted a full formal defence "no later than 28 days from the date of service" as per the claim form.
They should make that clearer! I thought at that stage it was just the basics they wanted.

I still need to file my documents anyway.

[nemesis45]

Re: Filing and serving documents

Twin I think you have already another thread on this.
I'll ask the site team to merge them,
It will be easier to advise.

[Twin]

Re: Court Claim - MKDP / Morgan Stanley / Barclaycard - 29-5-2014

Could someone tell me what the legal costs might accumulate to if I lose this case.

[Twin]

Re: Court Claim - MKDP / Morgan Stanley / Barclaycard - 29-5-2014

Anyone.....

[Amethyst]

Re: Court Claim - MKDP / Morgan Stanley / Barclaycard - 29-5-2014

If you lost in court you could get costs against you, very difficult to say in small claims as it massively depends on the Judge on the day and who the claimant sends to the court ( if it is a barrister it could be £1200, if it's a local rep could be £250 ).

Basically if you don't feel confident with the arguments or your case, then negotiate settlement under a Tomlin Order.