Re: Me vs MBNA court case looming help please / **DISCONTINUED**

[sunflower99]

Good luck Mr Happy! Hope you see them off!

[joemay]

Good luck Mr H

[Mr Happy]

Unfortunately I didn't win the Judge Lotto this time.

 

Didn't go as bad as it could I guess.

 

Run down of the day.

 

I arrived at 11:30, I like to be punctual give chance for nerves to settle, it was a very quiet waiting room, only one suited person on their own and a chap dressed like a tramp **edit** but alas he left, peeping over the suited gentleman's shoulder he had different names on his documentation so guessed it wasn't him.

 

12 oclock came and went so I asked when I was going in, they said the judge was on a conference call and had another one in the queue so had to wait, I asked if my opposition had arrived and he confirmed my thoughts that he had not.

 

12:50 I was called in, a rather serious looking grey haired gentleman looking down his nose at me, as soon as he opened his mouth I thought "Doh I'm done for" he said I don't know why the other party hasnt turned up but due to them not being there he would "dismiss or not really, strike off the summary judgement" almost his words he didnt know what to call it which was rather strange, he then said he needed to refer it to trial and gave me a run-down of the process involved using the multi track route.

 

So I am off to trial, not a victory for MBNA but not a total loss for me, its just going to involve a lot of work,time and expense on my behalf.

 

Bit disappointed but not totally unexpected, after all it is a lot of money involved.

 

If I lose I guess I'm living in a cardboard box with my family.

Edited September 4, 2009 by supasnooper
for legal reasons

[shakespeare62]

Well done ! No Summary Judgment. The other side may think twice before continuing ...

[supasnooper]

I would see it as a victory......so well done for seeing this through.

 

It is not easy for people to attend court and have to explain Consumer Credit law to a Judge.

 

If Restons can't be bothered to attend a SJ hearing then they will get short shrift by the Judge next time.

 

Did you ask for costs ?

[sunflower99]

Hi Mr Happy

Yes like Snoops says it is really a victory as MBNA still not got their way and if they did not bother even to turn up ! Well that says it all! so at least you got to trial stage nowl and if they dont turn up again well---

[citizenB]

I would see it as a victory......so well done for seeing this through.

 

It is not easy for people to attend court and have to explain Consumer Credit law to a Judge.

 

If Restons can't be bothered to attend a SJ hearing then they will get short shrift by the Judge next time.

 

Did you ask for costs ?

 

Well done Mr H:)

 

You will just need to review your case and tweak it where necessary. Make sure you are even more prepared for the trial. Obviously Restons didnt think they could win this one if they couldnt be bothered to turn up:)

[Mr Happy]

I did ask for expenses and that was added in the order, he was not interested in the amount so I assume I can sort that out later.

 

Would it be an idea to send my expenses to Restons now so they know how much they are likely to pay to date, if they receive this before the order from the court they may think they have lost outright.

 

It may get them thinking about the extra costs incurred for the next stages of the multi-track route, especially if I let them know I will be employing a barrister/solicitor for each of the stages.

 

I've gone this far I hope they realise I am not going to back down now.

[pompeyfaith]

Mr H,

 

Well Done so far this is 1 up for you, ensure this goes into any Witness Statement and/or Defence.

 

They really need to be brought to book for wasting the courts valuable time and yours.

 

Regards

 

PF

[Mydogsawestie]

I did ask for expenses and that was added in the order, he was not interested in the amount so I assume I can sort that out later.

 

Would it be an idea to send my expenses to Restons now so they know how much they are likely to pay to date, if they receive this before the order from the court they may think they have lost outright.

 

It may get them thinking about the extra costs incurred for the next stages of the multi-track route, especially if I let them know I will be employing a barrister/solicitor for each of the stages.

 

I've gone this far I hope they realise I am not going to back down now.

 

Well done for today Mr Happy, I have to do my costs to them still from my day in court in July. Supasnooper posted a really good article re costs for the case law for Litigants In Persons on my thread in posting #230 http://www.consumeractiongroup.co.uk/forum/legal-issues/185814-court-papers-help-required.html IGNM also gave me some fab info too but I am still waiting on my directions from the court first before I do anything with them.

[sunflower99]

I did ask for expenses and that was added in the order, he was not interested in the amount so I assume I can sort that out later.

 

Would it be an idea to send my expenses to Restons now so they know how much they are likely to pay to date, if they receive this before the order from the court they may think they have lost outright.

 

It may get them thinking about the extra costs incurred for the next stages of the multi-track route, especially if I let them know I will be employing a barrister/solicitor for each of the stages.

 

I've gone this far I hope they realise I am not going to back down now.

Thats great Mr Happy! that you got the chance to get some expenses of them ! :D i expect that judge was pretty annoyed at Restons wasting court time like that ! So hopefully he will be happy to agree to awarding you a nice bit of money of them for costs:D Thats great you going to threaten them with a barrister|! if they take this further:D

Edited September 5, 2009 by sunflower99

[Mr Happy]

Just got this letter from Restons not sure what it means.

 

The claimant wishes to withdraw the above application, The Defendant has been informed of this request.

 

We request ah earing date for allocation/directions allowing 30 minutes.

[bazaar]

HMM if they are withdrawing why would they need a hearing? Just keep to the courts timelines and make sure you get your costs organised for the next round. I wouldnt trust anything Restons are doing

[citizenB]

Just got this letter from Restons not sure what it means.

 

 

The claimant wishes to withdraw the above application, The Defendant has been informed of this request.

 

We request ah earing date for allocation/directions allowing 30 minutes.

 

 

When was it dated, Mr H

 

Wasnt the SJ application dismissed at this hearing you went to?.. Methinks they are a bit late

[Mr Happy]

The letter was postcoded 2/9/09.

 

Because Restons leave it to the last minute to send anything it never arrived in time for me to see it, I hope the court got theirs late as well, the Judge didn't know about it so I guess it did.

 

From what it reads to me, the SJ is to be cancelled and they want a hearing to arrange a proper trial.

A trial was arranged anyway on Friday so had they turned up this letter wouldnt have been required and another hearing not needed, unless they were afraid Fridays outcome.

 

I will ring the court on Monday for an indication of what it means.

[AA99]

due to them not being there he would "dismiss or not really, strike off the summary judgement" almost his words he didnt know what to call it which was rather strange, he then said he needed to refer it to trial

 

This happened on 4th September! When was the letter dated that you received today, 5th ???

 

Surely this needs to be struck out and you put your expenses claim in:???:

[citizenB]

What kind of postage did they use ?.. 1st, 2nd, Royal Mail or 1st, 2nd UK Mail ?

[Mr Happy]

Ist class Royal mail

[sunflower99]

Hi Mr Happy

sorry to hear even now Restons still trying to cause you confusion and worry:mad:

[citizenB]

Ist class Royal mail

 

Ah, well at least that proves they are wrong in asserting that 1st class post gets there the day after:)

[AA99]

Ah, well at least that proves they are wrong in asserting that 1st class post gets there the day after:)

 

No offence citb but I think we know that

 

Doesn't it mean, though, that they posted that letter without knowing for sure that it was going to arrive before everybody else appeared at court? They could've ensured delivery by other means before the 4th!

[pedross]

No offence citb but I think we know that

 

Doesn't it mean, though, that they posted that letter without knowing for sure that it was going to arrive before everybody else appeared at court? They could've ensured delivery by other means before the 4th!

 

 

No offence AA but do you really think that MBNA or Restons care if it arrives on time.

 

These companies have had it all their own way in the past and its just a numbers game to them. Its the 80 / 20 rule.

 

Pedross

[Mr Happy]

The above #262 was accompanied by a letter from Restons saying.

 

We enclose a copy of a letter to the court which is self explanatory.

Yours faithfully

 

I thought it was me being dense but it appears no one else here understands it, on first impressions it makes me think they have dropped the case but the second sentance makes me think they want to take it to a full trial or it could be just to settle expenses etc.

[citizenB]

The above #262 was accompanied by a letter from Restons saying.

 

We enclose a copy of a letter to the court which is self explanatory.

Yours faithfully

I thought it was me being dense but it appears no one else here understands it, on first impressions it makes me think they have dropped the case but the second sentance makes me think they want to take it to a full trial or it could be just to settle expenses etc.

 

 

I am of the opinion they hoped that letter would arrive with both you and the court before the day of the hearing on the 4th. That was that application they wished to withdraw.

 

As it didint then the application was set aside in any case and you of course are now able to claim costs.

[WelshMam2009]

The letter was postcoded 2/9/09.

 

Was it a Royal Mail date or a Restons Franking date though Mr H??

 

If the latter, then that doesn't even necessarily mean that it was posted that day , just that that was the date when it was franked by them.

 

I used to work in a large organisation where lots of mail was franked, after last collection, in readiness for the next day's post.

 

Either way, the correspondence didn't sufficiently arrive in time for you, or more importantly, the Judge and hence, you must push for your costs.

 

Best of luck as always