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smugorwhat

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About smugorwhat

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  1. Is there an update to this regarding the sale of account before DN expiry?
  2. No news is always good news, but it can take a while for the case to be allocated to your local Court. So not out of the woods yet.
  3. I am in a very similar position. I will be interested to see how they respond. Good luck.
  4. Sorry to pester Joe, but I would be really grateful to know which points swung the day in your case and which ones were dismissed/ignored by the Judge. S
  5. That is fantastic news Joe. Really cheered me up. It so often seems that Judges accept everything a lender says without question yet yesterday Bank of Scotland were fined £4.5 million for mal administering 250,000 mortgage accounts! Which were the two points that the Judge accepted? S
  6. Hi Joe, I would be really interested to know how you got on with this. Hopefully you got a reasonable judge, but too often that is not the case.
  7. I have a situation where the lender claims that the date given for compliance on a Default Notice is included in the 14 days. They argue that the regs require that the date stated must be not less than 14 days from service. i.e only 13 clear days are required from the date of service to the date of compliance. Any else come across this argument?
  8. That assumes that the bank you've been awarded costs against isn't bitter and twisted and quibbling over pence here and there. Can anyone tell me what the 2012 White Book has to say on the matter. Page 1516 possibly?
  9. I'm assuming that the date of cost assessment is the relevant date. Therefore all work is now assessed at £18 irrespective of when the work was carried out. Can't see how the old and new rates can be used in the same assessment as the old rate was effectively repealed and is no longer law.
  10. Great news. Well done Mr Brandon, we are indebted to you! http://www.bailii.org/ew/cases/EWCA/Civ/2011/1187.html
  11. COURT 8 Before LORD JUSTICE PILL LORD JUSTICE GROSS and SIR RICHARD BUXTON Tuesday, 25 October, 2011 Not Before half-past 11 FOR JUDGMENT APPEAL From County Courts FINAL DECISIONS B2/2010/1463 Ian Karl Robert Brandon -v- American Express Services Europe Ltd. Appeal of Defendant from the order of His Honour Judge Roderick Denyer QC, dated 25th May 2010, filed 15th June 2010.
  12. The correct address for Royal Mail is: Legal Services First Floor 35-50 Rathbone Place LONDON W1T 1HQ 020 7441 4241 They will confirm that UK Mail do not deliver mail to private addresses but deliver it to Royal Mail a day or two after picking it up from MBNA etc. Royal Mail do not guarantee how long it takes to deliver it to the recipient once received from UK Mail. They can provide date of receipt by them and delivery address from the orange barcode on the envelope. So MBNA claiming that UK Mail guarantee a two day delivery is completely false, and they know it.
  13. Mbna are still insisting that UKmail guarantee 2 day delivery in my case. They say the terms and conds on ukmail website don't apply to them and the judge is receptive to that argument. I have managed after some argument to get a court order instructing Royal Mail to read the barcode before the trial resumes. Does anyone know who the correct contact is at Royal Mail to get it deciphered? Also MBNA are claiming that even if the default notice was late, it is de mimimus and furthermore they claim that they can terminate the agreement and claim their money without a default notice at al
  14. So the UKMail conundrum continues, although the orange barcode would still indicate when and where it entered the Royal mail system. It seems wrong that the borrower is having to prove the delivery date when in theory the obligation lies with the lender.
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