MBNA/Restons CCJ/ CO

[gh2008]

They refunded ppi ...

 

These refunds are not in respect of ppi premiums ......

 

You will need to get your argument clear in your head before trying to persuade a Judge that it is correct .....

 

It may be worthwhile making an appointment at your CAB and see if you can get some more help/ representation

[gh2008]

Being absolutely serious here, you need to know your case word for word and inside out.

 

If you don't they will trip you up, and basically urge the DJ to enter Summary Judgement to save you from further costs. As each time you turn up unprepared in Court it could cost anything upto £3000 on top of the existing figure then the DJ may well consider that they are doing you a favour by reducing your possible exposure to costs.

 

If you have a strong case (and I think you may well have) then you either need to get a proper handle on it yourself or find someone else who can - and quick!! Ring round some local solicitors and see if any of them will take it in on a no-win no-fee or conditional fee arrangement - then ring some debt specialist solicitors

 

But you need to decide quickly

 

JMHO

[phatram]

I think I may well need it. Cheers.

[phatram]

Being absolutely serious here, you need to know your case word for word and inside out.

 

If you don't they will trip you up, and basically urge the DJ to enter Summary Judgement to save you from further costs. As each time you turn up unprepared in Court it could cost anything upto £3000 on top of the existing figure then the DJ may well consider that they are doing you a favour by reducing your possible exposure to costs.

 

If you have a strong case (and I think you may well have) then you either need to get a proper handle on it yourself or find someone else who can - and quick!! Ring round some local solicitors and see if any of them will take it in on a no-win no-fee or conditional fee arrangement - then ring some debt specialist solicitors

 

But you need to decide quickly

 

JMHO

 

Sorry to be a bit (lot) thick but in what way do you think I may have a strong case ?

[phatram]

Good Afternoon

We do not usually take instructions in relation to a defence on a no win no fee and we do not consider this case to be an exception to this rule.

We could have a look at the matter on a fee paying basis. We could have a look at the documents and give you some pointers on the case, depending on the amount of documentation but an initial estimate for that would be in the region of £1000 plus vat. If we were to deal with the whole matter and attend court the estimate would be in the region of £5000 plus vat again depending on the amount of documentation involved.

Reply from solicitor no 1!

[phatram]

Its stacked against the little man. I firmly believe I'm the victim here yet I'm the one losing out, what a s**thole system.

Any suggestions on the way forward gratefully received, I dont want to surrender easily !

[phatram]

Sorry to be a bit (lot) thick but in what way do you think I may have a strong case ?

 

bump

[phatram]

http://www.freeurantia.org/mbna.htm

[phatram]

http://americansforfairnessinlending.wordpress.com/2008/09/24/former-bank-of-america-and-mbna-employees-expose-unethical-predatory-credit-card-practices/

[phatram]

http://maps.thefullwiki.org/MBNA

[phatram]

I'm still waiting for a reply from CAB. I am leaning towards changing my defence. I can't afford a solicitor at £5k a go, suppose Restons know that.

[phatram]

Had mail from CAB,

 

Thank you for your response.

We have decided that it would be better for one of our Generalist Advisors to contact you regarding your issues. We will contact you very soon through e-mail or by contacting you on the phone number you have provided.

Please allow 3 working days for non - priority cases for us to contact you back.

[gh2008]

Sorry to be a bit (lot) thick but in what way do you think I may have a strong case ?

 

To be honest - if you don't think you have a strong case, then you shouldn't even be thinking of stepping inside a court.

Counsel can tear apart and sway most DJs against well prepared LiPs with strong cases.

 

Most wins on CAG - and anyone please correct me if I'm wrong - are carried out in the pre-trial stage, either by making the claimant discontinue or at a SO/SJ hearing.

 

Certainly recently most trials have tended to go the claimant's way

 

jmho though ....

[phatram]

So, how do you think I've got a strong case? I'm interested in your opinion.

[phatram]

You could always PM me.

[phatram]

So, how do you think I've got a strong case? I'm interested in your opinion.

 

 

bump

[gh2008]

You will need to get your argument clear in your head before trying to persuade a Judge that it is correct .....

 

It may be worthwhile making an appointment at your CAB and see if you can get some more help/ representation

 

Right, IMO it is pointless bumping your thread until you do this above - i.e. get your story straight

 

How can anyone help when you are not even sure of the facts yourself.

 

Any advice given in those circumstances would be reckless and I am not prepared to do that - sorry ......

 

Sort the facts out, put them in a new post clearly and concisely and you will get advice in order to help yourself.

 

CAG will not do the job for you, it will help you to help yourself - no more, no less.

 

Good luck

[phatram]

Right, IMO it is pointless bumping your thread until you do this above - i.e. get your story straight

 

How can anyone help when you are not even sure of the facts yourself.

 

Any advice given in those circumstances would be reckless and I am not prepared to do that - sorry ......

 

 

Sort the facts out, put them in a new post clearly and concisely and you will get advice in order to help yourself.

 

CAG will not do the job for you, it will help you to help yourself - no more, no less.

 

Good luck

 

May I ask how much of this thread you have actually read?

[gh2008]

Ah, right - So, actually your letter to the Court was referencing the old Order which was set-aside

 

So, have you chased compliance with THIS Order??

 

These Orders were made by the Court to HELP YOU!!! they are almost your 'Get out of jail free' cards and you've kept them hidden for 2 years!!

 

Although it is *incredibly* late it *may* be worth you making an application of your own to have their case Struck Out due to their non-compliance.

With a covering letter, you *may* be able to get it heard on teh same day as the hearing for their application.

 

How far did you get with this advice ...... posted 3 weeks ago?

How is your WS coming on?

 

People can only offer advice - what you do with that advice is your decision

 

As to questioning me about how informed I am about YOUR case ........ re-read my post #701

I've read more than enough to know what a DJ will most likely currently do with an undefended SJ app against you.

 

If you don't think what I am saying is right or fair, click the triangle and ask for the Site Team to look in

[phatram]

My WS is done . I am waiting for the CAB advisor to contact me. I have been advised that they may be able to get me some help to fight this case with legal help from solicitors who do such things at a greatly reduced rate. I'm not a legal bod and most of it goes right over my head TBH. I've also been advised to change my defence, to admit I owe something but not the amount they say, then put in claims against them for charges, ppi interest,harrassment. I haven't got a clue what to do for the best ! Perhaps thats how they win 'cos WE are usually up s**t creek without a paddle. Need legal help but can't afford it so we lose ! Not good eh?

[gh2008]

Where is your WS? Have you posted it here?

 

Have you chased up their response made by the Court to HELP YOU 2 years ago??

 

If you bring this non-compliance up then they cannot get an SJ against you as they are in breach of an Order - but if you do nothing about it ......

 

Your WS is already weeks late ...... although the hearing date was moved I haven't seen anything extending the time allowed to submit your WS (was there)

 

If things go over your head then ask for clarification of a particular point (having at least Googled first to see if you can solve it yourself)

 

Very few people on here are 'legal bods' most are like you and I who have been taken to Court by creditors, couldn't afford legal advice and sat down for hours and hours and just kept reading and learning.

 

CAG is a self-help site .... not a CMC

[phatram]

This has just arrived from CAB.

 

Further to your e-mail.

Could you please clarify as to whether you are disputing that this is your debt or you are wanting to have a debt repayment arranged. If you are wanting a debt repayment plan it may be possible for you to see one of our debt advisors to do this we would need further information. We will need a complete list of all your debts ( amounts/names of creditors ). In addition could you please complete the attached benefits calculation sheet so we can ascertain as to whether you are legally helpable. Even if you are not legally helpable it may be still possible for you to see a debt advisor.

Regards.

[phatram]

Where is your WS? Have you posted it here?

 

Have you chased up their response made by the Court to HELP YOU 2 years ago??

 

If you bring this non-compliance up then they cannot get an SJ against you as they are in breach of an Order - but if you do nothing about it ......

 

Your WS is already weeks late ...... although the hearing date was moved I haven't seen anything extending the time allowed to submit your WS (was there)

 

If things go over your head then ask for clarification of a particular point (having at least Googled first to see if you can solve it yourself)

 

Very few people on here are 'legal bods' most are like you and I who have been taken to Court by creditors, couldn't afford legal advice and sat down for hours and hours and just kept reading and learning.

 

CAG is a self-help site .... not a CMC

 

Tomorrow we have 3 hours to ourselves, no foster kids, grandkids etc. This is a very rare occurence. We, thats me and Mrs P will try to get sorted and post specific questions.

 

"Have you chased up their response made by the Court to HELP YOU 2 years ago ??"

 

I don't understand what you mean about that helping me, thats never been mentioned before by anyone as I recall. I wouldn't even know how to start doing the things you're on about as in the non compliance thing. I have sent copies of everything to the court and I recollect applying to have the case struck out but to no avail. Anyway got to go to work now. Thanks for your time.

P

[diddydicky]

Being absolutely serious here, you need to know your case word for word and inside out.

 

If you don't they will trip you up, and basically urge the DJ to enter Summary Judgement to save you from further costs. As each time you turn up unprepared in Court it could cost anything upto £3000 on top of the existing figure then the DJ may well consider that they are doing you a favour by reducing your possible exposure to costs.

 

If you have a strong case (and I think you may well have) then you either need to get a proper handle on it yourself or find someone else who can - and quick!! Ring round some local solicitors and see if any of them will take it in on a no-win no-fee or conditional fee arrangement - then ring some debt specialist solicitors

 

But you need to decide quickly

 

JMHO

 

i would like to just qualify your excellent advice with one proviso

 

there are many folk on here who do not have the proverbial pot to urinate in- therefore where in a case if they lose.... they intend only to offer a token repayment and have no assets upon which the creditor can levy (renters and/or homeowners being in provable negative equity being two cases in point ) these folk have nothing to lose by having their day in court since even if they lose and the "pot" gets bigger by virtue of the creditors legal costs - it aint going to extract any more "urine" from the debtor in their offer of payments than the smaller one- the only loser will be the creditor

 

The more so if the debtor makes his finances and lack of assets and his likely offer of payments - known to the the creditor before the matter gets to court- since i am sure the court would then take the view on any application for costs by the creditor- that the creditor- in the light of the information provided by the debtor - should have acted to mitigate their losses

[citizenB]

I think you will still be able to enter your Witness statement in response to the SJ 7 days prior to the NEW hearing date.

 

You will need to respond to each of the statements made on the application for Summary Judgment. By this you will be rebutting each of the statements made.

 

HTH