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    • Evening all,   I have deliberated over this offer for two weeks and I have decided to take their offer. I do understand that some may prefer us to go to court and receive a judgement but with our personal circumstances and my current military commitment that could become an issue. I am so grateful for all the help and support you have all offered me over the last few months. I will continue to monitor this site and push all those that are being wrong to get in touch.   Thank you! what you all do is truly amazing!
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Re: Me vs MBNA court case looming help please / **DISCONTINUED**


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Good luck Mr Happy! Hope you see them off!

Im happy to help with support and my own opinions but as i have no legal qualifications If I offer any thoughts to your problems please take it as from my life experience only and not of any legal standing. Always take further advice from the legal experts in your final action,

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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 by supasnooper
for legal reasons
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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 ?

 

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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---:D

Im happy to help with support and my own opinions but as i have no legal qualifications If I offer any thoughts to your problems please take it as from my life experience only and not of any legal standing. Always take further advice from the legal experts in your final action,

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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. :D Obviously Restons didnt think they could win this one if they couldnt be bothered to turn up:)

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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.

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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

Finally if you succeed with your claim please consider a donation to consumer action group as those donations keep this site alive.

 R.I.P BOB aka ROOSTER-UK you have always been a Gent on these boards and you will be remembered for that.

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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.

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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: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 by sunflower99

Im happy to help with support and my own opinions but as i have no legal qualifications If I offer any thoughts to your problems please take it as from my life experience only and not of any legal standing. Always take further advice from the legal experts in your final action,

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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.

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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 :-D

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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.

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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:???:

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

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Hi Mr Happy

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

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Im happy to help with support and my own opinions but as i have no legal qualifications If I offer any thoughts to your problems please take it as from my life experience only and not of any legal standing. Always take further advice from the legal experts in your final action,

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Ist class Royal mail

 

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

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Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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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!

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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

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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.

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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. :D

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1: How can BCOBS protect you from your Banks unfair treatment

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3: Banking Conduct of Business Regulations - The Hidden Rules

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Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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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 :D

If you feel I've helped then by all means click my star to the left...a simple "thank you" costs nothing! ;)

 

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