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

[underdog13]

Wonderful news; congratulations:D Should we call you Mr Ecstatic now?

[pompeyfaith]

Mr Happy,

 

Congratulations im pleased that we have another consumer that is now not scared of these bully boy financial organisations what you have now learnt here will put you in good stead for the future.

 

Well Done and Good Luck

 

Regards

 

PF

[cashins]

Mr Happy:):)

 

Well done, Iv'e added some smiles for you.

 

Flagged a press report earlier: http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/231824-hfc-losses.html

 

Apparently HSBC have had to put at least £5 billion into HFC to plug the 'black hole' in their accounts.

 

Can only imagine that MBNA's British credit cards operation is fairing no better otherwise they would't be employing clowns like Restons to try and get some dosh in.

 

David

[Mr Happy]

I will send my costs invoice now, should I also claim for all the illegal fees charged or just let it go with a saving of 18K .

 

I have seen adverts for credit card companies recently luring in potential victims, there should be warnings that if your circumstances change you will be hounded to hell until you pay, fight or die.

 

I got into trouble because they glamorised the platinum credit card, gave regular credit limit increases and encouraged me to spend more, they must take responsibility for their actions and hopeful this case taught them a lesson, I am sure they will not learn from it but a lesson has been taught.

[citizenB]

I will send my costs invoice now, should I also claim for all the illegal fees charged or just let it go with a saving of 18K .

 

I have seen adverts for credit card companies recently luring in potential victims, there should be warnings that if your circumstances change you will be hounded to hell until you pay, fight or die.

 

I got into trouble because they glamorised the platinum credit card, gave regular credit limit increases and encouraged me to spend more, they must take responsibility for their actions and hopeful this case taught them a lesson, I am sure they will not learn from it but a lesson has been taught.

 

 

IMHO, I would settle for the costs to date.. so put in your wasted costs order.

 

I am really happy for you.. I am now going to amend your title and shift you over to the legal success forums . Well done, a well deserved win.

[angel_1]

Well done Mr Happy

 

 

we too are very happy too:lol: and given them a run for their money or not

 

anyway inspiring thread and fab result,

 

always keep positive everyone it can be done

 

laters all angel x8)

[sunflower99]

well done too! Mr happy ! Its always so cheering to read about another victory against Restons!

[Mr Happy]

I have drafted an expense order, just wanted to get your advise before sending, is it asking for too much? is the format suitable?

 

Where is reference to the labour charge validity available?

 

Any advice welcome.

 

IN THE XXXXX COUNTY COURTCLAIM NUMBER XXXXXX

BETWEEN

MBNA Europe Bank Ltd

Claimant

and

Mr XXXX XXXX

Defendant

 

 

Reasonable expenses for litigant in person encountered during preparation of court bundle and correspondence to XXXXXXXXX, payable according to court order dated XXXXXXXXXX from District Judge XXXXXX.

 

 

Labour @ £9.25 ph

Letters @ £15 each

Travel @ 40p pm

Parking @ Cost

 

 

 

 

Letters x 5 £75

Labour x 52 £481

Travel x 16 £6.40

Parking x 1 £5

 

 

 

 

Plus court time XXXXXXXXXXXdate

 

 

Labour x 2 £18.50

Travel x 16 £6.40

Parking x 1 £5

 

 

Sub total £597.30

 

 

Plus wasted expenses preparing for multi-track court appearance

 

 

Labour x 20 £185

Letter x 1 £15

 

 

Total £797.30

 

I will check all number for accuracy in addition etc

[tiokim]

Hi Mr Happy.

Like you, I am also calculating costs with MBNA.Was dealing with them for just over a year. My total figure is very simmilar to yours. I had passed the pre-trial check list stage and also had made an application for further court orders before trial

[Gazza112]

I have drafted an expense order, just wanted to get your advise before sending, is it asking for too much? is the format suitable?

 

Where is reference to the labour charge validity available?

 

Any advice welcome.

 

 

 

I will check all number for accuracy in addition etc

 

 

 

Hi Mr Happy

 

No, those costs are about tha same as mine that i put into CL Finance/Howard Cohen.

I've got a Court hearing in January, will let you know how i get on with my costs.

 

Put it this way if it goes to a hearing all the Judge can do is say, not happy with that will allow you this amount for that part of the claim.

 

Gaz

[Mr Happy]

I have received a letter from Restons offering £500 as full settlement,

 

This is my reply does it sound fair.

 

Without prejudice save as to costs

 

 

Dear Sir

 

Thank you for your letter dated 25th November 2009, regarding your offer of £500 for full settlement of the discontinued court case reference 8XXXXXX, after consideration I have decided to set aside your offer as I consider the costs to be justified and proportionate to the time spend preparing my defence, the majority of cost above your offer are for preparation of the multi-track case which should not have arisen as there was no more evidence given between summary judgement and the eventual discontinuation.

 

Regards

[citizenB]

Mr H, this is what surfaceagentx20 has to say about offers that come in regarding costs.

 

After Having Sent the Bill and N252.

Make a note when the 25 days will be up.

 

I would expect the opposition to make contact with you in an attempt to settle the question of your costs. So as to avoid hassle and heartache, I would be prepared to settle at anything which came to about one third rather than two thirds of the hypothetical solicitor’s bill. On my example, that would be around £300.00 plus the court fee. You may want to settle at something less just to be shot of it.

 

If any offer comes in which is wildly below £300.00 post to this site for advice. I would imagine the opposition will be very keen to settle since objecting will tie them into expense they will wish to avoid and any savings will soon be wiped out by employing a solicitor to deal with the objections.

[Mr Happy]

I spoke to my other half about it and she said to take the money and run, I was thinking that they have agreed to pay and that they are quite likely to pay all of it, guessing they are bluffing about not paying it all as they have done throughout the whole process, but I do agree it would be nice to get it over and done with and some spending money for Christmas (minus my CAG donation).

 

That is really why I posted it here always appreciating the voice of reason.

 

CAG is for life not just for Christmas.

[citizenB]

Having just recently been in court, the amount the judge awarded me worked out to about 75% of what I had on my bill of costs..

 

It is a decision only you can make. Good luck x

[supasnooper]

I'd give Restons another opportunity to increase their offer - create a hotmail account and e-mail them.

 

Bouchier's e-mail address is on the docs or in the public domain.

 

Give them a time of 4.00 pm, and 3 days on, and give them a figure you will accept and payable within 7 days.

Imply that you will very happily let a Judge decide the issue, together with the added costs of you have to attend the hearing.

 

You hold the aces here....not Restons.

 

I'd look between £600.00 and £650.00

[Mr Happy]

The end (I hope)

 

I sent Restons a chance to settle for £650 and gave them 7 days before I would send them a copy of my N252, didn't need 7 days the cheque was sent by return post, thank you Restons.

 

Thanks everyone for your help, thanks CAG for being here

[AA99]

Well done you !!! :D:D

[cashins]

The end (I hope)

 

I sent Restons a chance to settle for £650 and gave them 7 days before I would send them a copy of my N252, didn't need 7 days the cheque was sent by return post, thank you Restons.

 

 

Excellent stuff, well done!!

 

David

[supasnooper]

Excellent work..............enjoy the spending of it.

[citizenB]

Fantastic. :D

[wycombe]

Congratulations Mr. Happy.

 

Your thread gives hope to people like me who are just starting out on the long tussle with MBNA/Reston's. It really gave me great pleasure to read the final outcome.

[angel_1]

Fantastic news - this is really what it is all about in the end, the only way is to stand up find the courage within, take advice from this wonderful site and truely helpful and encouraging friends here and fight back

 

and now you have the thread to prove to others it can be done and a fab win is always possible as long as the defence is properley and correctly followed and actioned

 

keep positive all

 

laters angel x:cool:

[freethemice]

Just like to add my best wishes. Have read the thread from start to finish and taken lots of notes for my looming case with Bos http://www.consumeractiongroup.co.uk/forum/legal-issues/251664-g-bank-scotland-scm.html

With the speed and efficiency of the legal system hopefully (with the help of Caggers) I will have another legal success by the time the olympics come around.