virgin MBNA PPI did not respond to court

[oggy1]

hi everybody,

just to fill you all in on the details:

mbna refused as i suspected to refund ppi and also refused the cca request, which is in the mbna thread,

anyway did the lba 3 times and no response only the usual crap that i signed up etc, issued court papers and also went for compensation on the ppi when i could not claim in 2005 after an accident.

they had until 27th December to acknowledge or file a defence etc.

guess what !! they have not responded at all and the court said i should wait untill 3rd January 08 before requesting judgement.

[alanfromderby]

Hands up all those that think a set-aside application will be forthcoming in the new year.

[oggy1]

having sent a request for judgment a couple of days ago , received the acknowledgement from mbna today .

makes you wonder how they can get away for being late with court stuff ??????????????????

[alanfromderby]

It is frustrating - but it can cut both ways, and it does save you having to wait several weeks for them to get the judgement set-aside.

[Odie]

Watching this with interest as Barclays have not responded to me either. They also had till the 27th Dec 07. Gonna check with the court on monday then file for judgement.

[oggy1]

had the mbna defence sent today, loads of paperwork, with a allocation questionnaire to fill in.

will be having a thorough read over the weekend.

 

letter from mbna arrived as well , they are sorry i am taking this action , but they are going to defend this vigoursly, is what they have said.

[oggy1]

on page 3 of the defence it states:

the slip that is signed acts as a credit agreement and it is the 'True Copy' and complies with the nescessary legal requirements.

i returned the application form signed on 22nd October 2004

 

any ideas anybody please, it seems they are going to fight.

[alanfromderby]

What "slip" are they referring to?

 

What type of account is this, and how did you sign up to it?

[oggy1]

they say i applied over the internet and then they say i signed the application form and sent it back.

mbna also said i ticked the box for ppi and they had supplied me all the information that was required.

not sure about this now

[oggy1]

sorry the slip they are referring to is the application form

[oggy1]

having a quick look through the paperwork, they have sent printed sheets from the internet showing the steps to obtaining a credit card but nothing with any of my details on them, only the signing of the application form.

[alanfromderby]

This sounds like total garbage, what is the value of the claim?

[oggy1]

total value of the claim including court costs £659.00 , that is with interest.

they didnt supply any transcripts of my conversation with virgin ,those would show that i was told i would have to have the ppi, twice.

[alanfromderby]

Okay, so it will be small claims track - if it were Fast Track I would have advised a part 18 request, but unfortunately it does not apply on SMT. What I would therefore suggest is that you put a request on the Allocation Questionnaire that they supply a true copy of the agreement - as they have so far failed to supply this despite a statutory request.

 

Also include requests for any more information you need. Quote CPR 27.2(3), and explain that the request is intended to reduce the need for witness evidence, and address issues raised in the Defence.

[oggy1]

having read through more of the defence ,they say i will be put to strict proof on the selection of the ppi and to the passing of information to the insurance company.

any ideas????

[alanfromderby]

They clearly don't understood the finer points of the Misrepresenation Act - or more likely, they hope you don't.

[oggy1]

i am wondering now they said i indicated i was employed at the time of the application, cant remember that, just hope i didnt tick the wrong box?

here is the defence,

background,

1.is basically stating mbna is a financial institution.

2. insofar as any allegation or matter in the poc is not expressley addressed below , such allegation is denied and the claimant is required to prove each and every element of such allegation or matter.

3it is denied that any claim is disclosed in the claimants claim. the remainder of this defence is strictly without prejudice to that contention. mbna reserve the right to make a rquest for further information and to amend the defence as appropiate on receipt of further particulars.

 

defence.

4 it is admitted that the credit card was issued.

5 it is denied the claimant was missold ppi, in its position as intermediary, acting on behalf of the insurer.

6.this states that i was offered via the internet to take out ppi by ticking a box and i could have easily have selected "no"

7.mbna denies it pre selects the ppi and the claimant will be put to strict proof on this. and mbna cannot understand why he avers the policy was missold as he did not discuss the policy with any mbna staff.

 

8.once the claimants application was accepted , a signature form was sent for him to sign and return, this slip acts as the credit agreement in these cases and complies with th nescessary legal requirements

9.the policy was sent and i didnt cancel within the required 30 days.

10 the claimant had ample oppurtuinty to read and study the policy document.

11. wether the claimant was self employed or employed he still would be covered, as the policy does not exclude on that basis .

12. the claimant will be put to stict proof of fraudulently passing details to the insurer as this is a serious allegation.

13 it is denied that the detials were passed as a mistake to fact as the claimant is extremely vague in his allegations.

all the rest are mbna denies the allegations and require evidence to be supplied to be put to strict proof.

 

dont know what to make of it all,

all the templates they have included are screen snapshots of the application on the internet with none of my details on any of them .

 

any ideas on the next move against them.

[oggy1]

should i allow mbna a month stay to try to resolve this or not??

this is on the aq.

[lindyhop]

HI Oggy1

 

im reading your thread with interest. i think yours in one of the few ppi's that have reached this stage. cant give advice on this, im still at poc stage so you are further ahead than me.

 

im wishing you every bit of success that i can summon.

 

i am sure someone with experience will get back to you with an answer shortly.

 

keep your chin up.

 

Shirls

[oggy1]

thanks lindyhop, just got to keep going and reading all the info on here.

[oggy1]

have sent the aq back to court today, thanks alan for your help.

the waiting starts now.

[oggy1]

have recieved a court date today, am in court april 16th 2008.

all court information has to be in by 27th february 2008 .

i have to pay a further £75.00, hearing fee, and it is payable by 18th february.

[oggy1]

can anybody shed any light on this:

is there a witness statement template for a court bundle or do we have to incllude it?

have studied all the stickys and trawled through this site but cant find one .

has anybody actually been to court with mbna?

[oggy1]

have recieved the court bundle from mbna today, its all about the application showing screen snapshots of it, none of it has my name or details on , so i cant see the relevance of it being included.

no information for transcripts of phone calls nor is the requested cca , but they have said they have already complied with that.

a witness statement from their solicitor is included will keep you all updated when i have finished studying it.

[oggy1]

hi to anybody,

even though this account is in default from november , dvi , a collection co has phoned me today to arrange payment .

i recorded the call, seems like mbna take no notice at all of legal requirements.