Help with MBNA and N244 Summary Judgement

[maak99]

I have defended County Court Claim regarding my MBNA Credit Card and filled out Allocation Questionnaire. But MBNA has put in N244 to strike my defense out and go for Summary Judgement.
Defended under S.61(1)(a); S65(1); s127(3) etc.
I did sign only the application form and never an agreement. Done CPR31.14 and got a reconstructed application form back. The dates of that form are different(19.05.2012) to the dates on the claim form through the courts where they base the claim on a contract date around (25.10.2005) Also on the reconstructed
Agreement is a different address, my previous address at the time of the application.

Today I asked for a CPUTR request in regards if they hold the original agreement they base the reconstructed one on. I also asked for CPR.18 : Do you hold an original signed Consumer Credit Agreement you base your claim upon? For avoidance doubt, I mean an original signed Consumer Credit Agreement is just that; not an application for credit and not a reconstructed document from other sources.


What do people on this forum think about cputr and cpr.18?



Is the summary judgement witness statement a shorter version of the witness Statement or do I have to hand in my Witness statement now?



Thanks for any help.

[labman]

Re: Help with MBNA and N244 Summary Judgement

I can answer part of this. CPUTR is probably not a vast amount of use once court action has commenced. It can be used very effectively to avoid court action starting.

The rules of disclosure should enable you to ascertain whether or not a properly enforceable agreement is held. The request about CPUTR will not have done any harm.

I'd have to look up CPR18 I'm afraid as I'm not sufficiently au fait with them to really comment. :beagle:

[SpringerSpaniel]

Re: Help with MBNA and N244 Summary Judgement

I think the creditor is unlikley to get summary judgement as there are significant issues which can only be fully determined at trial.

You should say this in opposing thier application.

[rendammomia]

Re: Help with MBNA and N244 Summary Judgement

I have been surfing online more than 3 hours today, yet I never found any interesting article like yours. It is pretty worth enough for me. Personally, if all web owners and bloggers made good content as you did, the web will be a lot more useful than ever before. Houston garage door repair