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Noodlesgal

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  1. http://www.journalonline.co.uk/Magazine/64-1/1026769.aspx#.XQC0wrfTWDY
  2. There doesn’t seem to be a set length of time, some wentbuo wothin days others took months!
  3. If I’m honest I’m sceptical myself but I might just be being hopeful. Mike Dailly actingbfor Givan Law Centre said yesterday he wasn’t in a position to comment as litigation was ongoing.
  4. Yeah I guess they maybe wouldn’t update it the same day the judgement came out.
  5. I will as soon as he sends me a copy. I’ve asked him to send me everything over as I won’t be using him any further, so as soon as I get it I will share what I can. I hope he emails but from previous experience he might post it.
  6. Brodie’s have sent a copy of the judgement in their favour to my solicitor today
  7. I don’t know what you mean? I’m just asking help to understand the process?
  8. So what are the logistics going ahead then? I’ve asked my solicitor what happens after this hearing if they use the 6 year English rule? My understanding is it goes to debate. I wouldn’t be able to debate it would I? If for example Mike Dailly hadn’t done the debate for the Glasgow case I believe PRA would’ve asked for a ruling in absence or some similar legal term I don’t understand. That’s my fear I don’t know what the steps are after this. I can’t see how I will be able to do it myself. If it was a simple go and show last payment was over 5 years ago I’d be fine but if it’s going to be drawn out and require legal submissions i don’t know how I’d manage that. I take it it’s inferred acceptance if I cash it?
  9. I’ve been away, I will try and do a full update today with the agreement broadies have provided etc. If I’m honest I don’t have much confidence in my solicitor but I spoke to a few and he was the best by far (one saying that extinguishes debts don’t exist, a few saying they have no experience in this area etc) but he seems worried on my behalf and seems to genuinely think settling is for the best. I am speaking to him today, any advice on what I need to ask him? Re legal aid, he said I wouldn’t qualify, I earn over £30k but my outgoings are huge, childcare is extortionate, so my disposable income is around £160 a month after everything is paid for. I got my MBNA ppi check through today which was £2900. I put it through the calculator and it should’ve been much more. I’ve never said I accept it or anything so I’m not sure where to go with that.
  10. It was debated on 22nd January and judge is now deliberating i believe? That’s what my solicitor was saying, it’ll be a lengthy process therefore expensive In answer to the other queries my case was supposed to be heard start Feb but it was put back to allow me to submit defences so is now early/mid March. I’ll use the ring terminology probably but I’ve been advised my hearing/case whatever you want to call it court date was moved from start Feb to mid March My solicitor agrees I have a case. He doesn’t know what the outcome of the review of the treaty of Rome will be. He feels there is a risk of ruling in their favour and has to advise me of cost of settling vs paying for legal fees and then possibly losing.
  11. My solicitor has advised me to consider offering a settlement. He thinks costs may be prohibitive as the Glasgow Sherriff court one has become very labour intensive. I don't want to offer a settlement. They haven't submitted their defences Unless they magic up a bit of paper where I agreed to be governed by english law or an implied law then I cant see how this is even a valid argument and I think they are trying to bully me into it, I have paid £800 on legal fees so far and I only have about another £2900 left (ironically the original debt ppi refund which I think is low but that's another story) My solicitor is saying if I need to hire an advocate, when he advises is likely even that wont be enough. This is having massive detrimental affect on my mental health I am getting annoyed at being bullied into paying money I believe they have no legal right to. I feel like my solicitor is inexperienced, although he was vastly the most knowledgable one I spoke to, one said "debts don't just stop after 5 years or else people could just not pay them" so mine seemed by far the best. I asked what would happen if I just ran out of money he said "youd have to defend yourself" that is a big temptation but I just don't know if im mentally up to it. ,
  12. I can only assume as they’ve stated MBNA are a huge company with deep pockets and this will scare some into paying? It’s very stressful and financially draining and ive thought about offering a settlement just to make it go away. I’ve no idea how they can get away with claiming it’s under English law with no signed agreement but it’s certainly being taken seriously by Glasgow Sherrie court
  13. They’ve sent me a copy of my application, said this is a consumer credit agreement, there’s no reference to it being governed by English law but that’s what they have said they are going to say in their defences
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