Just had a phonecall from Chris saying they have settled out of court for the full amount. This makes my life a lot easier

Looks like Wescot are chasing. I should be able to find 5 minutes this evening to rattle off a 'not going to happen as subject to litigation' this evening.

Update MBNA failed to submit their Allocation Questionnaire by the the specified date but they now have after the court allowed them an additional 7 days.

Update. Ok, so its been a while since i lasted looked at this, what with helping a friend sort a couple of things out and a new job I have been kind of busy of late. I received a letter from our friends at Moorcroft a while ago threatening legal action if i didn't agree to pay £200pm, i filed the letter and left it at that. Fast forward to a couple of days ago and i receive a letter for Midas/Moorcroft again threatening legal action. Now correct me if i'm wrong but can i safely assume that the stay is still in place as the court has not said otherwise? What gives?

Hi UKaviator No worries. I know what it's like as at the moment there just doesn't seem to be enough hours in the day for me to help friends as well as trying to fight my own battles. I always appreciate help received from this site.

Thats great news. Stopping smoking is by no means easy, it took me 10 or so attempts to kick the habit so i know how hard it is.

Ok, so it’s getting a little desperate now as I have until COB Friday to submit the N149 and I just don’t know what to include in the way of Draft order of Directions. Looking at their defence it’s a pretty standard but there are a couple of sections that concern me and I’m wondering these need to be address as part of the Draft Order of Directions. Each bullet pointed section ends with ‘The Claimant is to put strict proof to this allegation’ Surely it is up to the defendant to disproof the allegation, is it not? The last two points concern me the most. Given when the policy was taken out, the last date for any claim was Month 2007. Therefore the claim is out of time. There is no reason why the Court should exercise their discretion to extend time under S32A of the limitation Act 1980 Also On that basis, the Defendant avers that the Claimant has no proof to support the allegations made and has no cause of action. The Particulars of Claim do not make any sense and do not make any basis for a claim. The defendant invites the Court to exercise its power to strike out this claim under the Civil Procedure Rules, CPR 3.6 as disclosing no reasonable grounds and that it is an abuse of the Courts process. I’m do not really want to post all of the defendants defence, however if you can offer guidance drop me a PM and I will send you a link to it. Please guys help in any way you can. I’ve come this far and don’t want to fail now even if it’s not my money!

Any ideas on what to use in the way of Draft order of Directions would be very much appreciated guys.

CitizenB, You are 100% correct, the oneness is on them disprove the allegations. I have limited experience in claiming missold PPI charges, i have had a certain degree of success but it does concern me that the next case may be the one that brakes the chain. I will be posting an edited version of the defendants defence shortly. however before i do that i need to complete an allocation questionnaire which has to be submitted by the end of this week. Chris has taken to not opening his mail of late and it was only when i asked him to open his post found the allocation questionnaire. So now i again have to rush around and put everything else on hold just because somebody can not be bothered to check their mail. I am fairly confident with completing the allocation questionnaire but am not sure what to add in the way of Draft Order of Directions so it looks like i will be dropping uKaviator a line this evening.

Any advice guys

Update Ok so MBNA have filed their defence and we are concerned as it's a good one! To sum up their defence They denie the allegation that the insurance was compulsory and insist that Chris was made aware that it was optional and that other similar products were available. They also state that the claim is out of date as part exceeds six years and there is no reason why the court should exercise its discretion to extend time under S32a of the limitation act. MBNA have requested that the claim either be struck out under the Civil Procedures Rules 3.6 as disclosing no reasonable grounds and is an abuse of the courts process. Guys I could really do with some help here!

Hi AC, How are you getting on.

whats the difference between a KANGAROO & KANGAROOT? ones a marsupial, the other is a geordie stuck in a lift...

Dublinel, You have a PM

Just had a phone call from Chris, MBNA have filed an Acknowledgement of service. That was quick!

Was the last payment made more than 6 years ago?

IdainFife, Thats great news, over 7 weeks keep it up It's been 15 months for me now and I don't miss it a bit, I still have friends who smoke and have no issues being round them when they smoke as long as it's not in a confined space as i HATE the smell but weirdly like the smell of cigarettes. If that makes sense! My wife and I stopped smoking in the house about 6 years ago so the smell has long since passed but I know what you mean about smelly window frames, to the point where I replaced the silicon sealant round all the windows in the house to try and take the smell away. It worked

So it's taken the Court over two weeks to register and send a copy of the claim to the defendant. The clock is ticking and I expect MBNA are going to put up a fight, well more than usual.

Two Nuns in a bath, one says to the other "wears the soap" the other says "yes it does, doesn't it"

JM, Their phonecalls don't bother me to be honest, in fact it's always a pleasure when they phone as i've not heard from them for so long i was starting to think they had forgotten about me ;-) I have only managed to speak to MPC once so far and the scrotum on the other end didn't take too kindly to me asking what she were wearing. She asked my for my DOB and name, I asked her for her vitals and favourite brand of under garments. Sounds like a fair exchange of information does it not. Anyway, this arrived today. Me thinks they need to slow their horses before demanding settlement!

Epic fail on my behalf, their address is on the letter! I'll get my coat...............

Lebbo, Are you after the address of Vispa? The Courtyard 160a Moss Lane Hale Altrincham, WA15 8AU United Kingdom Managing Director is James Paul Ormerod

Welcome Joiner, I don't think her age at the opening of the account will be sufficient to void the agreement. Your best bet would be to request a copy of the credit agreement and with the help of others assess if it is enforceable.

Leo1, Sorry I can't help but have a friendly bump instead

Lebbo, I'm sorry that I can't help but I can give your post a bump.