up2meears
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Everything posted by up2meears
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Thanks Mike p.s What's ADR?
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Thanks again Ford, The judge said mediation is the next thing - waiting for the form to fill in, which I tried looking for online but couldn't find Got until the end of May, at which point he said if no agreement is reached we can go back to court Am about to settle down now and go through the court bundle guide - am bound to be back with questions Up2
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Thanks Ford I knew once I'd seen they'd sent someone it would get its set aside. Not getting hit with costs was a good thing. The judge was really nice, before we started he explained what would be happening, had his moment talking to the solicitor which was interesting to watch as she faffed around with papers and then got reminded that she didn't need to quote the CPR to him lol. Then he explained what happens next etc Just need to finish getting stuff ready to go incase we go back to court and each bit of their defence which they're telling me to prove is looking more wobbly as I gather the evidence together. Up2
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Hi Mike, I'm trying to send you a PM but your inbox is full. Can you please let me know when you have some space please Many thanks Up2
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Brilliant Mike, Many thanks for that I will draft a letter to send - probably tomorrow now as I am swimming in paperwork, but will post up for checking before I send. Up2
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Hi Mike, Their defence is at post #56 The dj said he would allocate to small claims track Up2
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Hi Slick Yes you sent it to me via email back in 2012 (didn't think it was that long - my how time flies) Up2
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Hi Mike, Since last posting, I have sent them another offer (when I sent my witness statement) but have heard nothing - that was about a month ago (Their solicitor needed to read my copy of the WS because MBNA didn't give her a copy). The hearing for set aside was yesterday, and as you correctly advised it was allowed as it seemed they had submitted the docs correctly. The Judge apologised that it had been an error of the court and explained that it will go back to the stage it was at. Fair enough. He asked whether I had filled out the mediation form, which I do not remember seeing so I said no, but told him that I had requested mediation on the N180. He said that if mediation doesn't work or I am not happy with any offer they provide, then I can carry on through the court at the end of May. I asked their solicitor lady where I get the mediation form from and she said the court will send me one - is that right or am I best requesting one? In the assumption that this will now go to court I am starting to get paperwork ready and will be writing a letter to MBNA to press for disclosure (like you mentioned in post #264) for its breakdown of costs to establish whether the charges were a genuine pre estimate of loss. - I am assuming I can request this info now as I will need this in order to prove what they've stated I will need to prove - hope that makes sense I am also sending a SAR to the DWP for confirmation of the dates I was in receipt of IB (although I have a copy of the letter I sent MBNA at the time asking for help which states the dates) but I thought this would be useful and also a letter to my local constabulary asking them to disclose the reason the job offer was withdrawn although I'm not sure if I can request this via a SAR or under something else like the Freedom of Information Act? - I will have to research. I have started highlighting all the points in the OFT debt collection guidelines 2003 which MBNA have breached (getting all the evidence together I have to prove their breach) and have downloaded a copy of the UTCCR 1999 as they are using this in their defence regarding the legitimacy of the charges. I am now going to dig out the dummys guide to preparing a court bundle which slick kindly provided me with a few months ago. Up2
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Hi Grumpy You say you have two overpayments? but then say 2 go back to 2012 and then mention 1 in 2013? I've probably just got things confused, how many do you have, how much is each and how did they come about? The one from 2013, which was around £700 you say you never received? can you explain this please? As for the bank accounts, unless you have got something to hide you shouldn't need to worry about providing statements. I agree that you refusing to provide them makes it appear you are hiding something. You should still appeal and explain in your letter why it's outside of the 30 days. Try not to worry too much, if I've read your thread right (even though I've confused myself) the o/p is not as huge as some I've seen and as long as you've started paying it back nothing sinister will happen. If you can just verify my questions above I'll hopefully be able to advise you further. Up2
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Afternoon all, So, I heard no more from RW regarding this until today when a doorstep collector appeared at my door. I told him I wouldn't discuss this at the door, and that a letter would be in the post. He was very polite (don't know if that's because I was filming) and said that's okay, they send me round to see if I can make an arrangement with you and he asked if this was to do with Satans bank when I told him I wouldn't be paying anything until I'd received what money they owe me. I'm a bit worried because he had a brown envelope in his hand (he did not give me anything) could he have been going to issue me with an SD? If so would he have given it to me regardless? I'm worried because I know how underhanded these collectors can be and don't want to find out later that they've tried to make me bankrupt What should my next move be with this? I don't want to get into letter ping pong, but because this is not SB'd for at least another 6 months, I do not feel I can sit on my hands much longer. Many thanks for any advice you can give Up2
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ge money claim for unfair fees and charges **WON**
up2meears replied to Jake17's topic in Mortgages and Secured Loans
Hi Jake, Just want to wish you luck with this. I'm currently suing MBNA for charges and I know just how daunting it can be, but stay strong and keep going. I have already beaten Barclaysharks (they settled before court) and others on here have also been successful with various companies. You will get loads of advice here and remember, they have made an offer so they know you are in with a chance, but they will play dirty and try to scare you into submission. Hold your nerve, and keep us updated Up2 -
EDITED POST I have decided not to send a variation of the Tomlin Order as I do not fully understand its use and have removed the attachment Many thanks Up2
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Oh well, I'll expect my letter in the next few days then Unfortunately, the last payment in or out for me was Dec 08 and default not registered until May 09!! I may have to reply to them with a doorstep visitor not welcome letter, but I will try and sit tight apart from that. I have just found all my paperwork from them, and they sent me 8 (that I could find) debt threats in four months lol, this is after I complained about their branch staff advising me to seek professional help for my mental health problems instead of helping me arrange a plan to pay this off as I was only getting state benefits, a copy of my bank account app that shows there was no o/d asked for only an Electron card, terms and conditions that I never received when they gave me the o/d I didn't ask for and a default notice but never took any further action after that. Sit tight Psy, you're nearly SB with this one, at least you have that to use Up2
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Thanks Mike
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Hi Mike, Have been without my dino laptop for what seems like forever (don't know how I managed lol) and since I last posted I have received a new hearing date for my local court, and have sent my W/S to them. I have not been able to reply to MBNA offer by the deadline so not sure if I still can, but I really do not want to call. I didn't manage to see your posts regarding S29 until today, and my w/s has already been sent so I'll have to hope that S32 is enough . Will the Court send a copy of it to MBNA? or should I have done that? I wont let them try and bamboozle me into the f&f for PPI, I will have copies of the letters sent questioning their calculations after the PPI was received. I also received a bailiff warrant returns report, that says:- To the Claimant, TAKE NOTICE that the WARRANT in this action has not been executed for the following reasons:- 149 DESCRIPTION - ORDER MADE XFERRING CASE TO XXXX. UNABLE TO XFER OUT WITH LIVE WARRANT. WRT TO BE REISSUED IF APPL SAJ UNSUCCESSFUL. The warrant has been returned to the Court which issued it. That was from Wrexham CC, (where I was told by CCBC to send the request) and it appears to have been sent to Chester CC, but received the report from my court. I assume this means I will not have to pay for a new one if their set aside request is refused? Thanks as always Up2
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Here's my revised WS I have made a list at the end of it of evidence I will be submitting with it. I know there should be more but am not sure what is relevant and what isn't so again I would appreciate some help please. Up2
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Okay, here it is
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Sorry Mike, schedule? Is that the info they supplied with their N244?
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Evening Mike, Yes it was marked w/p save as to costs and referred to email. The N149a says - It appears that this case is suitable for the small claims track They have put my local court on the Tomlin Order, but have said they are confident that the court will set aside judgment and reinstate their defence at the hearing on 17th March (which has now been vacated by Chester) and strong prospects of defending my claim. Up2
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Thanks Ford, I thought I had understood it right but wanted to check Will wait to see what Mike says as you suggest Thanks again Up2
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MBNA have made an offer(including costs) 'as a goodwill gesture' which is about 20% what I'm claiming and they are confident that they have strong prospects of success in defending my claim. They say they have been instructed to vigorously defend this matter and seek costs against me if I am unsuccessful at trial. They have included a Tomlin Order - which I understand to be a mutual consent to their offer? Can somebody please confirm if this is right or explain if I am mistaken - thanks. I am not prepared to accept their offer and I'm sure they've only offered it as this has now been transferred to my local court. I am still tweaking my WS and will post up once I'm sure I've got everything covered. If I could have your thoughts please. Many thanks Up2
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I have received the Order confirming the hearing has been transferred to my local Court I'm in the process of finishing off my WS. I assume I send it once I've had notice of the hearing? I also sent the email to the solicitor so maybe it will all be over soon Up2
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Many thanks Mike, Wow, that's great. I have never written such a letter before and knew I would over think it. I will jiggle the two and send that off today hopefully. Thanks again
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I have emailed the bailiffs at Chester asking if they can let me know the status of my warrant request, I will be phoning the court again tomorrow to see if the Judge has made a decision on the transfer so will ask to be put through to the bailiffs if I don't receive a reply. I have drafted an email to send to the solicitor and would appreciate any input. Many thanks Up2
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No, not the bailiffs, I asked the admin desk lady last week when I called and she couldn't give me any status on it. I think I saw a bailiff number on Chesters contact details. Will give them a call tomorrow. Cheers Mike
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