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About tnook

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  1. Update: Received mail from the courts. The hearing is set for..... MARCH next year.
  2. Had the mediation call. Their position is standard, it's all in the T&C's, statue barred, OFT said £12 per charge was fair. Offered £115 plus my court costs. All finished and now going to court. I get the impression they also want to take this to court.
  3. Sorry mediation is today, got the date muddled with Santander. Mediator just called and asked for my position. Told the lady what the summary position is and that I would be happy to listen to any proposals from BC. Waiting for her to call back.
  4. So the only thing to report is that my mediation call has been scheduled for next week. Seems very odd considering the lack of defence and the N224 order BC filed. I think the MCOL process is broken because BC filed an incorrect response and ticked the mediation flag. I'll attend the session but I expect BC won't attend theirs.
  5. and in the mean time the mediation process has started Actually I'll write to the mediation team and highlight the lack of a defence and it will cause a disadvantage.
  6. When I go into MCOL the only document is the Defendant's Response from Sept 4th, there they state that they dispute the claim and then every space on the form states "see the email we send to the courts and N244 etc". (uploaded PDFs above). So does the latest N244 and witness statement count as their defence? Feels like a complete abuse of process.
  7. Attached is their N244 to request a strike out and costs. They had also included the T&C's from several other banks to show that £12 fees are the norm in banking, I extracted them to reduce the file size. Because one of the newer cards was defaulted, they argue they never got enriched and so no restitution is due. Possibly for some of the latter charges, however there are many I paid. Even so the old card is where the bulk of the restitution lies, it was never defaulted. They are dismissive of Benson Kleinworth and cite Cavendish Square Holding BV v El Makdessi; Pa
  8. Well with less than 15 minutes to go I got an email from the solicitors. It's another N244 form and a witness statement plus some draft orders. Basically requesting a judgement to strike out. I will remove my personal info from their document and upload it shortly. Here is the summary from their new N244:
  9. Just had an email from the mediation service. Interesting, they say if I can't agree to be flexible on the amount of the claim then I should decline mediation. Will this count against me in the 'being reasonable' sense? I'm still going to do the things we mentioned above, ask for judgement if there is no defence today.
  10. Yeah they submitted it late on Friday the 4th of Sept, Monday 7th was the deadline. They never asked first, they asked after. They are doing the same thing again. Deadline today and 17:30 on Friday the asked for a further 7 days. I didn't respond.
  11. Yes they submitted a N244, attached as PDF, on Sept 4th asking for an additional 21 days. N244 redacted.pdf
  12. I think they broke the system by filling in "see our email from Sept 4th" in all the cells. The MCOL website probably thought that was their defence. If they don't submit a defence by 4pm, I think I should email the courts and ask for clarification around the process.
  13. Part 3 on their Defendant's Response form (attached in last post)
  14. So today at 4pm is the deadline for BC to file a defence . They have asked for an additional 7 days. As you say AndyOrch, they have had enough time. They have actually had 41 days so far. BC got the claim on August 18th, they asked for 2 more weeks the deadline then for submission was Sept 7th. BC then got an additional 21 days. The attached PDF is the original response BC sent to the court. Every part of the form is filled in with the same phrase: This is the core of the email they sent to the court on the 4th of Sept, basically asking for a 21 day extension.
  15. Yes I have a balance on the card but it's several 1000's less than the claim.
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