Being taken to court...please help I'm scared Re: MBNA.

[GamekeeperToPoacher]

Hi,

 

In my opinion I would go for the holiday and forget everything.

It always seems to me that the Claimant can take whatever time they like when deadlines are supposed to be set.

 

Family comes first!!

 

GK

[r&b]

hi molly,

sounds like the holiday is a necessity not a luxury......

why dont u set all ur cases out, see which are awaiting court dates or necessitate u being here and phone and/or write to the court, explaining the situation to see if the dates u are away can be avoided. anything else can wait i would imagine....for a refreshed molly and OH;)

the issue of telling ur family is of course a tough one but u may find it a weight off if u do. i dont see it as anything to be ashamed of, none of us started out wanting to get into these messes and they may even be able to help by the sounds of your very kind mum. i know the feeling tho.

take control molly and do whats best for u...

[mollybe]

Thanks for the replies...once again. They both make perfect sense. I should be really happy at the chance of a holiday, I know.

 

I really don't kow whats going to happen next. Andyorch has been advising me and I am waiting for a response from the Claimants on both of them.

 

With this one the judge has the file at the moment so I don't know if that means a date is imminent or not.

 

The second one I sent a letter last week and have heard nothing yet...they are wanting to settle but there was a query.

 

The 3rd and 4th are not at court stage...just threatening letter stage but who knows I could get a claim instigated whilst I am away.

 

I just think the courts would take a very dim view of me going away on holiday when I have no money.

[AndyOrch]

Hi Molly

 

If the AQs are with the DJ at the moment then the next stage is you will recieve an Allocation Notice within the next 2 weeks stating the date of the hearing (which you dont really have to attend) and further orders re Disclosure /WS/ etc for action probally around Oct/Nov so fear not take your holiday and enjoy yourself.It will still be waiting for you if anything on your return.

 

Have a nice break

 

Regards

 

Andy

[r&b]

I just think the courts would take a very dim view of me going away on holiday when I have no money.

 

hi molly,

the DJ simply gets a file on which to make a decision based on the facts, no notes stating how many holidays u have had .

dont feel guilty about it, put all this in a sealed, metaphorical box for two weeks and as andy says have a nice break.

[mollybe]

Thanks everyone..you have made me feel so much better!

 

Both OH and I really need this holiday, it will do us both so much good to be able to get away from everything for a while.

 

I have been reading all the threads I can to gain more knowledge for my own cases and I wish you all the best of luck whilst I am away.

 

I will catch up with everything when I get back.

 

I'd better go and get packed!

 

Cheerio for now, and thanks for everything.

[AndyOrch]

Enjoy Molly

 

 

 

Andy

[r&b]

excellent news molly,

by the way im not keen on those wicker donkeys but i do like italian lottery tickets worth 136mil euros if u happen across one blowing around on the beach:D

[AndyOrch]

excellent news molly,

by the way im not keen on those wicker donkeys but i do like italian lottery tickets worth 136mil euros if u happen across one blowing around on the beach:D

 

Now now R&B you know you wouldnt be happy with all that money.How would you fill your time without Cag:D

 

Regards

 

Andy

[r&b]

Now now R&B you know you wouldnt be happy with all that money.How would you fill your time without Cag:D

 

Regards

 

Andy

 

lol...very true andy. but i would make a hell of a contribution tho:-D

[mollybe]

Well, here I am again.

 

Silly me thinking I could get on with my packing and forget all this for a while....the postman has just been.

 

There is a letter from the solicitors asking me to reply to the settlement within the next 7 days and wanting me to complete the Tomlin Order they sent previously.

 

I am still waiting for the Claimants AQ from the court but it is still with the judge so I won't get it yet.

 

I think I need to reply...any ideas please?

 

r & b...I doubt I shall find an Italian lottery ticket lying anywhere around as I am going to Spain, but if there is a Spanish one anywhere its yours!!

[AndyOrch]

Not to worry Molly carry on packing,no one can be forced to agree a Tomlin Order without consulting legal advise,and certainly not being pressured by 7 days threat.Ring the Sols and tell them you are away for 2 weeks from Friday and will deal with it on your return.

 

That a side re the Tomlin the only concerns i have about it would be to add a stipulant that all accrued interest be frozen in the matter and added to the front page, not the schedule.

 

Apart from that continue packing and have a good time.

 

Regards

 

Andy

Edited August 26, 2009 by Andyorch

[mollybe]

Thanks Andy...I just called them and told them what you advised. He says he will make a note on the account and refer to their client for further instructions.

 

Does that sound like its okay? Do I need to follow it up in writing?

[AndyOrch]

You may if you have time or make a note date time person you spoke with.

Did you mention my amendment to the Tomlin?

 

Regards

 

Andy

[mollybe]

Oops no..I forgot...shall I put it in the letter?

[AndyOrch]

I would, will give them something to contemplate whilst you are sun bathing:D

And stipulate on the order as well as in the schedule.

Andy

[mollybe]

I'm sorry Andy you have lost me now. What exactly am I requesting?

[AndyOrch]

I'm sorry Andy you have lost me now. What exactly am I requesting?

 

 

Amenedment to the Tomlin Order.

 

3. No order as to costs.

 

Amendment to the Schedule.

 

No charges will accrue on the settlement sum.

 

Just type it as the above Molly

 

Regards

 

Andy

[mollybe]

Thanks Andy...I will do it now and post it tomorrow. I hope there are no more surprises before Friday:D

[mollybe]

Well, I am back and ready to fight on!

 

Here's an update.

 

I have received a letter from the solicitors saying the following:

 

We refer to the above matter and your letter of 27th August 2009.

We note the comments of your letter and your requests for amendments to be made to the Tomlin Order.

 

We can confirm that paragraph 1 of the Schedule confirms that the sum of £2,500.00 is in full and final settlement and is inclusive of interest and costs. Therefore, this is confirmation that no charges will accrue on the settlement sum.

 

We further confirm that paragraph 5 of the Schedule confirms that each party will bear it's own costs. Therefore no order for costs can be made against you, on the condition that the monthly repayments stated in paragraph 2 are made

 

We hope this is of assistance to you and we await your response in regards to the settlement offer.

Yours faithfully

 

 

Does this seem okay in reply to my last letter?

 

I also called the court again as Andy advised me to try and get a copy of the Claimants AQ. After twice being told that they would post one out, they are now telling me that it is not their policy to send out copies of AQ. I told them that I cannot seem to get any paperwork out of MBNA and am therefore trying to fight this blind and all she could tell me was to seek legal advise! She also told me that the judge has made no orders to MBNA to produce paperwork or I would have received a copy of the order.

 

I also have a letter from the courts stating that the case has been stayed until 7th october.

 

I am really stuck now!!

Edited February 20, 2010 by citizenB
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[AndyOrch]

Well, I am back and ready to fight on!

 

Here's an update.

 

I have received a letter from the solicitors saying the following:

 

We refer to the above matter and your letter of 27th August 2009.

We note the comments of your letter and your requests for amendments to be made to the Tomlin Order.

We can confirm that paragraph 1 of the Schedule confirms that the sum of £2,500.00 is in full and final settlement and is inclusive of interest and costs. Therefore, this is confirmation that no charges will accrue on the settlement sum.

We further confirm that paragraph 5 of the Schedule confirms that each party will bear it's own costs. Therefore no order for costs can be made against you, on the condition that the monthly repayments stated in paragraph 2 are made.

We hope this is of assistance to you and we await your response in regards to the settlement offer.

Yours

 

Does this seem okay in reply to my last letter?

 

Thats fine Molly

 

I also called the court again as Andy advised me to try and get a copy of the Claimants AQ. After twice being told that they would post one out, they are now telling me that it is not their policy to send out copies of AQ. I told them that I cannot seem to get any paperwork out of MBNA and am therefore trying to fight this blind and all she could tell me was to seek legal advise! She also told me that the judge has made no orders to MBNA to produce paperwork or I would have received a copy of the order.

 

Does not really matter now Molly either way if you sign and accept the above the matter is dealt with

I also have a letter from the courts stating that the case has been stayed until 7th october.Ok The Claimants will have requested this pending acceptance of the Tomlin by yourself

 

I am really stuck now!!

 

Regards

 

Andy

[mollybe]

Hi Andy,

 

I still don't know whether to sign this order as I am convinced there are lots of charges on there, but if I can't get any paperwork from them I can't check it.

[AndyOrch]

Hi Molly hope you had a good holiday.

 

Well if there is, you dont sign we proceed,more chances yet to demand the paperwork.

 

 

Andy

[mollybe]

Thanks Andy, I had a great holiday...came back very well rested and ready to fight another day.

 

I don't know what else I can do to get any paperwork from them. They have ignored everything so far, including my SAR!

 

Any ideas?

[AndyOrch]

I understand that you have submitted AQs and the claim is currently stayed.You cant retrieve a copy of their AQ.Case as not been allocated to track as yet and will continue to remain stayed until settlement is reached.

They wont provide statements for you to verify any unfair charges or miss sold PPI.

You have recieved copies of the DN NoA and Termination and the DN is invalid as it does not allow the perscibed period to rectify any breach.

So stalemate.IMHO I would just leave this for now and let it fester.Gut feeling tells me that they have not submitted an AQ otherwise the Court would have issued an Allocation Notice along with Directions.When they are ready to proceed ( and it does not look like they are in any hurry, with the amount of pressure they are applying re the Tomlin Order),we will arrive at Disclosure stage.They willthen have to either comply or discontinue.Sit this one out for now Molly.

 

Regards

 

Andy