I've got judgement by default - For the second time !!!**WON**

[tinkerbell20]

good luck

[saintly_1]

Anything to report on this ?

 

Just wondering ;-)

[Blossomandebony]

Hi, Saintly,

 

This case just rolls on and on . . .

 

As expected the cc company applied for and got a hearing for a second set aside. The hearing is going to be more or less the same date I put the original claim in, one year ago, can you believe that!!

 

Yesterday I sent a letter to the defendant's 'legal dept' and offered to not object to the set aside as long as they pay me my money. Also sent a schedule of costs which I will be asking for at the hearing. Don't feel that they'll accept any negotiation at this stage but it's worth a go, (and it will show the judge my worthiness!)

 

The hearing is in 3 month's time, by the way, and I will definitely attend. I'm not sure how much chance I have of blocking their application but I will do my best. I'm pretty confident that I'll get my costs, though, because the behaviour of the defendant has been so poor.

 

BAE

Edited August 27, 2008 by Blossomandebony

[car2403]

I'm not sure why you haven't tried to enforce the Judgment, rather than waiting for this set aside application to come through?

 

It would have put you in a much stronger position when trying to recover costs at the set aside hearing.

[Blossomandebony]

I'm not sure why you haven't tried to enforce the Judgment, rather than waiting for this set aside application to come through?

 

It would have put you in a much stronger position when trying to recover costs at the set aside hearing.

 

I did try to enforce judgement the first time I got default judgment, so have included the £55 WOE fee in my costs.

 

Also, their set aside application almost asks that I be awarded costs, so there isn't 'prejudice' against me! If they do take this as far as the hearing I think they're going to be pretty embarassed in front of the dj as to what's gone on - and whichever solicitor they send along won't have as much of a grasp of the situation as I have, as I've lived it!

 

 

BAE:)

[Blossomandebony]

Hi, all, just signing in to finish off this thread and tell what has transpired in the past few months.

 

Firstly, I can now reveal that the cc company I've been suing is . . .MBNA, (of course!). Here's what happened:

 

1. Both default judgements I received were set aside as a matter of routine as they were both due to court errors, (judge's words!!!!).

 

2. At the second set aside hearing the judge also asked that the two sides meet up to discuss matters and see if we could settle. She also made a barbed remark about me making several claims against the same company - cheek!

 

3. Anyway, we met up, informally, and the man from MBNA was very polite, and had brought an assistant to explain stuff about how statements are made, when account numbers changed, etc. We chatted and came to an agreement wherby they would refund me all the charges they had not already refunded. Case closed. Success.

 

Postscript: One thing that really stood out in all of this is actually very good news for anyone claiming from MBNA:

 

MBNA rep told the judge that 'MBNA' will repay all and any charges they can find on your account. That is their policy. Period.

(So why not do it in the first place, you may wonder!).

 

Anyway, that's it, done and dusted.

 

Thanks to all who have helped along the way, epecially Saintly 1, and there's too many more to mention. Maybe, Saintly, the thread can be put in the successes threads of MBNA?

 

Cheers, BAE

[saintly_1]

Well done BAE glad that everything was resolved satisfactory

 

 

 

[saintly_1]

moved to successes as requested

[pompeyfaith]

Fantastic!!!!!!! well done perhaps this will bring me hope in my current court case with MBNA which is due back in court on the 29th Jan

 

Regards

 

Pompeyfaith

[Blossomandebony]

Thanks, Pompeyfaith, Saintly. Any questions about the court hearings etc, Pompey, feel free to ask. I've also got bucketloads of MBNA correspondence etc. which may be useful to you.

 

BAE

[pompeyfaith]

Thank You Blosomandebony my case went to court 2 weeks ago but got adjourned due to a court error (wrong date on order) so the judge reset the court date to the 29th this thursday ,but ive not had anything though the post as yet the judge also recommended to the solicitor for optima that they wipe the interest and fees to bring the amount to below £5000 so it could be transfered to small claims.

 

Had no confirmation of this as it had to go back to MBNA for them to decide their next course of action so im hoping as their claim was based on a un-enforceable agreement i.e. no clause 8 which they based there default on and the fact they now have a copy of my witness statement which the judge gave them they will drop there claim.

 

Heres wishing

 

Pompeyfaith

[The abused]

Well done BAE an excellent result. I am fairly new to this site and have a problem with a couple of CC companies. Citi and halifax. However I was late with a payment for MBNA and really got hassled by phone for payment both by them and Aegis.

 

I really got stung for charges from them a few years ago 2003/4. they were continually charging me £25 for going over limit defaulting not making the required payment and yet I had set a direct debit up with them. Plus interest at about 29% APR on charges.

 

Will now send letter (hand written and photo copied) requesting S.A.R. I know it is the 40 day reply option but it is a start.

[noomill060]

Hi abused- welcome to CAG:)

 

As you can see- you CAN beat them!

 

 

Best to start a thread for your own situation- youll get all the help you need.