ZENTRIX9
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Everything posted by ZENTRIX9
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Thanks for all your help Andy, really appreciate it and will post up tomorrow what happened.
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Ok feel pretty good about appearing tomorrow now, whats the drill in court, do I have to present my case first or the claimant? You said earlier that if I win their claim will be struck out, so does that mean for example if there is a £10k debt on the card and I win my counterclaim then they cant legally claim the £10k anymore and they have to pay me my claim and interest.They then cant come after me for the £10k debt anymore? If yes can they sell it to a debt collection agency
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When I bought this up with the judge before my counterclaim he said it was a seperate matter and I would have to do a seperate claim otherwise I would have added it in the POC
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I also have the letter from the liquidators stating we paid the 2 amounts
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My wifes was MBNA, I initailly put a claim in for both cards with MBNA but they said they said I hadnt given them enough info, I went to FOS, waste of time they didnt want to make a decision, said it would be better for a court to decide, then MBNA sent a claim form for my card, the highest amount, and here we are.
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Thanks for the advice Andy, With HSBC I didnt go to court I just asked for the refund and they paid me, had to give them some details but they were no problem at all. I do have their offer "full and final" but I know that if it goes pear shaped tomorrow I can go after HSBC for the remainder of the amount paid. I can take the paperwork regarding this. statements from the CC,s ? Is that credit cards? Also my wife Paid £2800 on her card but they have sold that debt on! They cant be that confident if they sold her debt on.
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Thanks Andy, the claim was awarded for the claimant, this trial is for the counterclaim. If I win my counterclaim tomorrow will I be able to ask the judge to remove any costs awarded to the claimant on the basis that if they had addressed my claim in the beginning and paid me back it would not have needed to go to court.
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Thanks Andy, could do with knowing what I can claim for as well. Interest, compound iinterest, loss of wages through court hearings. If I am succesfull can I ask the judge to award the full contract price rather than the amount paid with the card? In court at 10.30 tomorrow
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The rest of the terms are on other sheets provided but are not part of the signed sheet. Does this make a difference
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Just looking at my MBNA credit card agreement. It was signed by me but not dated, it was signed by a MBNA employee on 25/07/05 after I posted it back to them. Looking at the prescribed terms It states "We will choose your credit limit and tell you what it is. We may vary it at any time and write to let you know" The copy I have is a microfiche copy and is barely readable. There is a 2nd copy which shows the back and it states "Your credit limit is £6000" Does this conform to the CCA 1974 with it being on the back it is not within the 4 corners and it doesnt say anywhere that your credit limit is on the back. Would this have been printed after it was posted back to them? Heres a link http://i911.photobucket.com/albums/ac318/zentrix9/MR%20VIRGIN%20MNBA/applicationfront.jpg Also can someone have a look at my default notice http://i911.photobucket.com/albums/ac318/zentrix9/MR%20VIRGIN%20MNBA/mbnadefaultscan.jpg The default notice shows the date to rectify but not in bold and not replacing the words "BEFORE THE DATE SHOWN"
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Optima state in their skeletal argument " One can only conclude that the payment was made to inject money into the company ". This is only speculation and they have no evidence to prove this, can I put them to strict proof? or anything else? They are inferring that I am untrustworthy. Also stating that I didnt have planning so I shouldnt have bought it until I had, however I have a letter from planning saying that if I agree to the changes they would support my application, that should be good enough I think? As a comparison you can buy a car without a driving license if you dont drive it on the road, you can buy a conservatory as long as you dont fit it before you get planning permission. There is no law that I can find that states you must have planning permission before ordering.There are extenuating circumstances, will the judge take these into account?
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Thanks Andy. Optima are saying that I didnt have to pay the full amount until installation, the job was supply only by the company NOT supply and install. On the contract the terms and conditions state that payment must be made in full within 30 days of the order being placed. This was a bespoke conservatory designed to fit my house, it wouldnt fit anywhere else. Standard practice for these type of jobs were to take payment in full as previously the company had had orders cancelled and had been left with something that was useless to anyone else.
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Hi B do you still want me to do PDF
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Heres my case summary http://i911.photobucket.com/albums/ac318/zentrix9/casesummary_zps7388c184.png Heres my summary http://i911.photobucket.com/albums/ac318/zentrix9/Summary_zpsc7ea398b.png
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http://i911.photobucket.com/albums/ac318/zentrix9/MR%20VIRGIN%20MNBA/Optimasummary_zpsf61944a5.png Heres Optimas summary
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Ok Andy I will scan it now, give me 10 minutes
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Ok called the court and it was just that we may have to change courts but its been sorted now. I am in court on Monday and I just had confirmed that the court and myself recieved the court bundle 2 days short of the 7 days required. The Credit Card Agreement that I have been sent looks like a microfishe or a photocopy of the original, the agreement is dated 25/07/05, does that mean I can put them to strict proof and make them produce the original in court and a copy or reconstituted agreement wont be accepted?
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Batty69, efiling? Whats that? Can you file at court online?
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Heres an update. I took my court bundle to court on Monday afternoon, I also sent Optima a copy by email and got an away message so then sent it to the person named on the away email. Yesterday (Wednesday)letter Dated Monday, pouch says 24 so would have been posted out on Tuesday. I sent a hard copy out today to Optima by courier so they will get it tomorrow. Optima have always accepted all the info previously by email so if they say they havent had it or complain it was sent by email I will bring this to the courts attention. The way I see it is that Optima have not sent me the court bundle within 7 days of the trial date. Do I tell the judge? and will this help my case. Also I came back from work today and had a message on the phone from the court asking me to ring them to discuss the case? any ideas what this could be about? do they ever rule after reading the bundles if they think its an open and shut case? Do you want me to post the summary from Optima so you can read it and advise?
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2pm, so hows that work then? Normally it states on all the court deadlines I have had that the paperwork needs to be submitted by 4pm! so if you turn up like I did at 3.10 does this still count?
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OK just got back from Coventry county court after taking my court bundle. Had to leave it with the security guard because they had all gone home? 3.05pm? He wouldn't give me a receipt either but said he would take it up and make sure the right people got it.
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I have not presented any costs yet, can I do this at court if I win? and if so what can I charge for my time?
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Will I need to include the Claimants witness statements or can I just refer to them with copies of the parts I need to refer to and give them out in court? The Claimant should include them in their bundle?
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Ok, so do you mean that I need extra copies at hand to give to the judge if needed? I will be delivering the bundle to the court tomorrow which will include everything that I will have in my bundle. The bundles include 3 or 4 different statements from both D & C and most of the paperwork I will rely on is there 3 or 4 times already. I still need extra copies? Do the extra copies need to go in the courts bundle or just for me to hand out if needed. As yet I have not recieved a bundle from the Claimant and hoping that I wont, would this give me grounds to have the case struck out? or if not what options would I have as it doesnt give me 7 days to review their paperwork and prepare for court
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I will be including witness statements in my court bundles and 95% of paperwork I will be relying on is included so do I just refer to the witness statements in court to cut down on paperwork?
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