MBNA/Restons claimform - old A+L Card **WON+COSTS**

[Mr Happy]

Congrats, it was sad when Benny Hill died but I guess his memory lives on in Restons.

 

Could you give me some advice about expenses, I haven't claimed for anything and im back in court in September.

[empowered]

Well I think FB must still be on his bender - probably won't surface until Monday:p

Edited August 30, 2009 by slick132
admin review

[fairbyblue]

Congrats, it was sad when Benny Hill died but I guess his memory lives on in Restons.

 

Could you give me some advice about expenses, I haven't claimed for anything and im back in court in September.

 

LITIGANT IN PERSON: COSTS - LITIGANTS IN PERSON

 

The rate I used is £9.25 per hour (I did 60 for preparation/research and typing up) and letters have a look at your agreemnt and if they charge £25 per letter bang that on for your letters (I used £12 per letter and did 14 of them)

 

Hearing time at £9.25 per hour and travelling time, then all your court fees if you made any applications.

 

it soon adds up but to no more than 2/3 rds of what legal rep could of charged.

[fairbyblue]

Well I think FB must still be on his bender - probably won't surface until Monday:p

 

No i'm up and just about to start day 2 of the Restons Appreciation Soceity all weekend bender !!!!

Edited August 30, 2009 by slick132
admin review

[cashins]

Been away and only just seen this.

 

Absolutely brilliant!!!

 

A well deserved kick up the backside for Restons, it should also give MBNA pause for thought in employing solicitors to chase their dodgy debts.

 

David

Edited August 30, 2009 by slick132
admin review

[cymruambyth]

Brilliant, congratulations to you and everyone who helped you.

[landy_alert]

Very pleased for you fairbyblue:D

[foolishgirl]

 

..... it should also give MBNA pause for thought in employing solicitors to chase their dodgy debts.

 

 

Hmm... I wonder if it is a deliberate strategy by MBNA/Restons. Where they know they are likely to lose anyway, they employ certain solicitors cos they're cheaper & if the pre-hearing frighteners work, great for them; if they don't they get a barrister to turn up at court to contest the costs.

Edited August 30, 2009 by slick132
admin review

[sunflower99]

Been away and only just seen this.

 

Absolutely brilliant!!!

 

Not only a well deserved kick up the backside for Restons, it should also give MBNA pause for thought in employing solicitors to chase their dodgy debts.

 

David

Hi David!

Yes this thread really cracked me up! LOL

 

I have to keep going back and rereading fairyblues last court case over and over again! and the judge was brillaint with his remarks! Sounded like he had a sense of humour!

Edited August 30, 2009 by slick132
admin review

[slick132]

Well done to FB for persevering and to all who helped.

 

 

Edited August 9, 2009 by slick132
comments withdrawn, after reflection

[fairbyblue]

Lets see if restons do theor favourite trick of posting documents late ie the cheque !!!!!!

Edited August 30, 2009 by slick132
admin review

[robcag]

Lets see if restons do theor favourite trick of posting documents late ie the cheque !!!!!!

 

Hi FB

 

I was awarded £40 odd for attending a 'wasted' hearing (as restons lost their application ) which the Judge ordered to be paid within 21 days after their barrister argued against 14 days. Needless to say i did not receive the cheque on time.

 

However, when they finally discontinued, I waited a few days then banged in a letter to Restons mentioning my schedule of costs which had been handed in to the Judge at the aforementioned hearing.

 

I expected to have to fight for the costs, but I received a cheque from Restons (and it was a Restons cheque) for the full amount by return. It was the quickest response throughout the whole process.

 

From posting my letter to banking the cheque was about 3 days!

 

Cheers

Rob

Edited August 30, 2009 by slick132
admin review

[fairbyblue]

Hi FB

 

I was awarded £40 odd for attending a 'wasted' hearing (as restons lost their application ) which the Judge ordered to be paid within 21 days after their barrister argued against 14 days. Needless to say i did not receive the cheque on time.

 

However, when they finally discontinued, I waited a few days then banged in a letter to Restons mentioning my schedule of costs which had been handed in to the Judge at the aforementioned hearing.

 

I expected to have to fight for the costs, but I received a cheque from Restons (and it was a Restons cheque) for the full amount by return. It was the quickest response throughout the whole process.

 

From posting my letter to banking the cheque was about 3 days!

 

Cheers

Rob

 

Heres hoping cos Im sick of Lidl and fancy a move up market to Aldi:D

[miss muppet]

This is just wonderful FB, a great result due to all your hard work and that done by the people you mentioned - wow what a result with costs too! Loved BRW's/Johnny Cash song on the perils of owning an MBNA card and your account of the court appearance was just so inspiring. Well done you and well done Caggers:cool:

[fairbyblue]

Thanks for all your support and congrats, will post up scanned cheque from Restons, although dunno when that will be as I dont hold to much hope to actually getting it in full on time.

 

Once that clears a complaint to the SRA for them

 

Do they have to remove the DN's on credit file as a matter of course or do I have to write to them to tell them?

 

Just re read the whole thread and they have tried to constantly pulled 'fast ones' all the time. I chuckled at a few comments and remembered how I felt at the time.

 

The things I have learned throughout this episode are;

 

1 Dont get married and let the now ex-missus anywhere near your credit card.

2 When the sh!t hits the fan deal with it (I did and am thankful I did)

3 Dont bury your head

4 Listen to the advice

5 Act on it

6 Don let the sols/banks/barristers try to steam roll you (I did waver but with support we ploughed on)

7 Put the work in and 'Be Prepared'

8 You are not alone ( Caggers are invaluable)

9 Be thankful for the unamed individuals who, without wanting something in return, gave sound legal advice ( I will make a donation though)

10 that 'the legal profession' know sod all about the law !!!!

 

Thanks and my binge drinking is over for the weekend. And the first good night sleep awaits !!!!!!!

 

[supasnooper]

I don't think they will remove the default markers, so you may have to go back to court and get them removed.

 

Have a read of car2403's thread on default removal -

 

http://www.consumeractiongroup.co.uk/forum/data-protection-default-issues/110146-car2403-hfc-bank-default.html

[steven4064]

If the court orders it, they will have to - let us know what the order actually says when you get it

[pompeyfaith]

could he not submit an N224 to the judge seeking removal ? PF

[steven4064]

If necessary, but he hasn't even received the judgement yet

[supasnooper]

To be fair to restons, payment of costs is usually dealt within timescales specified.

[robcag]

If necessary, but he hasn't even received the judgement yet

 

Hi Steven

 

Will a Judgement actually be issued in the event of discontinuance?

 

HFC/Restons discontinued in my case and all I got was a 'Notice of Discontinuance' (or something like that) from Restons, absolutely nothing from the court.

 

I phoned the court to check everything was above board in case Restons were bluffing and was told verbally that, yes, they had discontinued and the trial date had been vacated, but nothing ever followed in writing.

 

Cheers

Rob

[steven4064]

In this case, there will be an order for costs and, hopefully, for the default to be removed

[slick132]

Various posts on this thread have been unapproved pending review by Site Admin.

 

The thread is also temporarily closed, but will be restored asap.

[fairbyblue]

Following my recent day in court when Restons discontinued see thread here http://www.consumeractiongroup.co.uk/forum/dca-legal-successes/170484-fairbyblue-mbna-restons-court-49.html#post2355090

 

MBNA have now sent a further DN (the 3rd) for the same account that was in court. The account is terminated as I have letter from Restons confirming it, they have tried to take me to court already over this

So how can remedy something that doesnt exist?

 

So what do i do? Cos this is an abuse of process

 

Edited August 12, 2009 by fairbyblue

[supasnooper]

Have a read of these links (originally posted by 42man) -

 

Phoenix Recoveries, this time via Mackenzie Hall

 

Court Hearing 25th Feb...Help Please **WON** CASE STRUCK OUT