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phatram

Me v MBNA ABBEY AND MBNA VIRGIN

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So now I'm going to be used by Restons to fund their nasty business by way of court costs again and again. What is there I can do ?

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If the amount they say I owe is incorrect and I can prove it, is the judgement reversable?

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If the amount they say I owe is incorrect and I can prove it, is the judgement reversable?

 

You would have to appeal the judgement I believe and in that instance you would need some legal reason to appeal and you'd need the permission of the court to apply if out of time. If the judge had all the information in front of him/her and you didnt show the amounts were different I dont think that constitutes an appealable reason.

 

Have a look at the CPR for appeals and see if you can meet one of the criteria....

 

 

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CPR 52 for appeals

 

you would need leave to appeal no matter what out of or in time, so you would need to file your appellants notice asap

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CPR 52 for appeals

 

you would need leave to appeal no matter what out of or in time, so you would need to file your appellants notice asap

 

Thanks PT

 

S.


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Deal with your debts:

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Thank you.

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The following have just arrived from Restons. The figures quoted do not add up to the amount the judgement was for (£12,900 which included £3k costs) mbna have not taken off the amounts agreed with the FOS or paid me the agreed compensation.

 

frmrestons21feb1.jpg

 

frmrestons21feb2.jpg

 

Help please anyone.

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and is not payable on a regulated agreement debt

 

It looks like they are charging me interest so how do I stop this rip off?

Just found this on CCCS website,

Can creditors continue to add interest after a county court judgment (CCJ)?

England and Wales > Creditor action > Charges and interest

When a debt is regulated by the Consumer Credit Act, a creditor generally can not add any further interest after a county court judgment (CCJ). There may be extra charges added as a result of further court action.

Edited by phatram

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Judgementfromcourt1.jpg

 

 

This doesn't say anything about interest does it? I'm not completely mad am I?

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Will someone please help me with a letter to question these?

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Thank you for your letters dated 21/Feb/2011 asking me to telephone you to discuss my “accounts”. I will of course not be doing this.

I am curious to know how you arrive at the figures you have quoted in the letters and ask you to prove to me how you or MBNA arrived at these figures. I would hope that you know these figures are incorrect and would also know that interest should not have been added to the amounts from when I put these accounts into legal dispute and is still not allowed to be added . Perhaps you should check with your representative with whom I spoke at Derby Combined Court and who accepted my offer to pay off the debt at £100/month.

May I also take this opportunity to remind you that MBNA have still to honour the terms of the FOS investigation from over a year ago, something I would hope they would put right without me having to take the matter further.

Yours faithfully,

 

 

 

Any suggestions please?

Edited by phatram

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CPR 52 for appeals

 

you would need leave to appeal no matter what out of or in time, so you would need to file your appellants notice asap

 

 

Valid reasons to have your judgements 'set aside' (to be used on n244 form)

 

 

Introduction

 

To have your judgement set aside you will need to put forward a reason why. You must keep your reason as clear and simple as possible.

We have listed quite a few valid reasons below.

 

  1. Were you given 28 days notice in order to pay?
  2. Were you living at the address when the summons and judgement took place?
  3. If you took out a loan or any form of credit were you in receipt of the Default Notice before receiving the summons.
  4. Did you receive the summons? They are not sent by recorded mail.
  5. Maybe you were unable to attend court and defend yourself.
  6. The judgement should not appear on the credit files if it was paid up within 28 days.
  7. If you agreed to settle 'out of court' with the plaintiff you should not have received a Judgement.
  8. If you did not receive any notification of the judgement/s made against you, then you can appeal.
  9. Did you agree with the full amount of the judgement at the time, but now only agree with part of the amount?
  10. Was the summons taken out against both yourself and another person jointly. If this is so, did you both receive your summons?
  11. It could have been that you were away from the time between the issue of the summons and entry of the judgement?
  12. Did you receive the summons on time for you to apply to the court. You have 21 days to reply to the court. If the summons was 21 days late then the judgement would have already been taken out against you?
  13. Did somebody use your name or address to obtain credit, which resulted in a County Court judgement without you knowing?

I would appeal on no9.Whats the chances?

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Lastly...

 

You can use any of the above reasons to have your judgements set aside.

Remember that no correspondence sent by the courts or the plaintiff is ever recorded. In the majority of cases County Court Judgements fail to comply with every detail.

This gives you the chance of having your judgement/s removed forever

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Should I be thinking of a set aside? on the grounds of no9 in the above

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I am just flagging your thread again, phatram. Meanwhile, it might be worth you trying to track down one of the following who may be able to help

 

foolishgirl

emandcole

gh2008

diddydicky


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No it doesn't mention interest.

 

Can you please clarify if the figure blacked out in no 3 is the total of 1 and 2?


 

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Alliance & Leicester Moneyclaim issued 20/1/07 £225.50 full settlement received 29 January 2007

Smile £1,075.50 + interest Email request for payment 24/5/06 received £1,000.50 14/7/06 + £20 30/7/06

Yorkshire Bank Moneyclaim issued 21/6/06 £4,489.39 full settlement received 26 January 2007

:p

 

Advice & opinions given by Caro are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

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Thats correct caro. 1+2=3 .1 was the total of the 2 mbna accounts. 2 were Restons costs and 3 is the 2 added together.£13k, which is about double what i say it should be. Where the hell they get the figures in post 858 from God only knows!

Thank you all for your help folks. :-)

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Valid reasons to have your judgements 'set aside' (to be used on n244 form)

[*]Did you agree with the full amount of the judgement at the time, but now only agree with part of the amount?

I would appeal on no9.Whats the chances?

 

Should I be thinking of a set aside? on the grounds of no9 in the above

 

I'm not convinced about that. I believe you're saying that the figures Restons are now asking for are not the same as the judgement, so it's not the judgement figures that you're now disputing.

 

That's just what springs to mind and others who are more knowledgeable may disagree.


 

What's Best for You?

 

 

The Consumer Action Group is a free help site.

Should you be offered help that requires payment please report it to site team.

 

Alliance & Leicester Moneyclaim issued 20/1/07 £225.50 full settlement received 29 January 2007

Smile £1,075.50 + interest Email request for payment 24/5/06 received £1,000.50 14/7/06 + £20 30/7/06

Yorkshire Bank Moneyclaim issued 21/6/06 £4,489.39 full settlement received 26 January 2007

:p

 

Advice & opinions given by Caro are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

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In post #684 they say they fefunded ppi premiums,they later deny this in the WS, so the amount they sued me for is incorrect. The Restons solicitor was supposed to have taken this into account but didn't and in the heat of the moment i forgot to bring it up.

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In post #684 they say they fefunded ppi premiums,they later deny this in the WS, so the amount they sued me for is incorrect. The Restons solicitor was supposed to have taken this into account but didn't and in the heat of the moment i forgot to bring it up.
In that case no 9 appears relevant.

 

What's Best for You?

 

 

The Consumer Action Group is a free help site.

Should you be offered help that requires payment please report it to site team.

 

Alliance & Leicester Moneyclaim issued 20/1/07 £225.50 full settlement received 29 January 2007

Smile £1,075.50 + interest Email request for payment 24/5/06 received £1,000.50 14/7/06 + £20 30/7/06

Yorkshire Bank Moneyclaim issued 21/6/06 £4,489.39 full settlement received 26 January 2007

:p

 

Advice & opinions given by Caro are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

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If I can prove in court tomorrow the Judgement figure is incorrect should the CO be allowed?

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I can't see any harm is submitting a WS showing the clear facts. KEEP IT SIMPLE though otherwise it will just look messy and it will be overlooked.

 

Stick to the clear facts.

 

It may just delay the CO, you may end up reclaiming the PPI separately (can't see why that should not be possible) Then you'd get a cheque for it.

 

Very murky waters IMO - you really need to seek out some 'qualified advice'


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Mailed to FOS, similar to http://www.sra.org.uk/consumers/consumers.page, fsa and oft.

 

Dear Sir,

I have recently had a CCJ awarded against me at Derby Combined Court as a result of my dispute with MBNA EBL and feel I need to complain again to you about MBNA and their practices.

 

The amount they and their “friends” at Restons have sued me for is nearly £13000 which includes £3000 court costs to keep Restons in the lap of luxury. It has now been brought to my attention that this is incorrect and that they know that this is the case. For a start they have never refunded me the agreed amounts at the conclusion of your investigation over a year ago. The amount also includes mis-sold PPI and unlawful charges and overlimit fees.

I have now received two letters from Restons offering me a “discount “ if I pay off both my accounts before 13/3/2011. They say one account is for £12775.34 and the other is for £2515.47 !

 

I am now in writing accusing MBNA and Restons of being dishonest and Mbna unfit to hold a credit licence. I am very disappointed at the lack of effectiveness of the FOS.

 

Quite frankly , it looks to me as if MBNA are a law unto themselves and with the help of Restons are ripping people off left right and centre.

I know what I owe MBNA and have no problem with paying it back at the agreed amount of £100 pm but I’m damn sure I’m not going to be ripped off for anymore.

 

Yours faithfully

Edited by phatram

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