Miss Muppet v MBNA - *** WON + COSTS ***

[miss muppet]

Update for everyone - just got a nice fat cheque from Optima Legal. 8) Not sure whether I should be doing anything else? Anyone?

[Gazza112]

Fab News Miss Muppet well done.

 

Lets see how my MBNA Court case goes when it comes up.

 

Gaz

[I've got no money]

As to what happens next depends on a range of things and we need a bit of information:-

1. Did the Judge make any other orders apart from refusing their application

2. What stage is the case at - you've presumably filed a full defence now - how much is the claim worth? Has it been allocated to track yet.

 

I've got my run in with Arrow on an MBNA strike out on Tuesday

[questioning]

well done Miss muppet,

I've just found your thread today,

I'm sure I will enjoy reading it.

kind regards Q.x.

[miss muppet]

Hi guys, just got back to this, IGNM, my defence went in August 2008, judge ordered detailed reply to it, whcih OL did in December, then they filed for SJ combined with witness statement January 2009, my witness statement February 2009 and hearing was Friday 24th April. Got their cheque yesterday but have not received copy of the court order for their SJ to be dismissed. If I don't get it should I phone the court next week?

Good luck with yours on Tuesday, all fingers and toes crossed.

[miss muppet]

oops sorry, just re-read, claim was for just over £2000 with their illegal charges on top, it was small claims, Judge dismissed their application for SJ and made order for costs - nothing else!

[I've got no money]

Thanks...

 

You should get Small Claims Track directions - when you get them if you post them we'll have a look

 

I'd be interested to see your defence and their reply

[underdog13]

Congratulations, Miss M - I'd photocopy that cheque before you bank it and frame it - it'll make you smile every time you look at it;)

[StayingCalm]

Hi miss muppet

 

And congratulations, very well done.

 

I am so pleased my thread http://www.consumeractiongroup.co.uk/forum/dca-legal-successes/145452-stayingcalm-abbey-no-cca.html has been of some assistance to you. Being my first case I learnt so much from pt and sx20.

 

Anyway, good luck with your case, if Optima Legal have any sense they will discontinue before this gets too much further.

 

Regards

SC

[miss muppet]

Thanks SC, your help was invaluable.

[miss muppet]

Sorry, IGNM, can you translate, sorry to be so thick!

[miss muppet]

Thanks underdog, yes I certainly should!

[miss muppet]

Hi Guys, update on this, I now see what I've got no money meant. Got the practice directions from Judge which pretty much tied the other side up - been working on my witness statement which I will post up later when all this is done. The question I want some help with is that I got a call from Optima Legal yesterday as they had obviously received my witness statement and they offered me an amount to settle the case - £750 to be precise, they say it is a without prejudice offer. I said I wanted to see it in writing, they said they will be sending it to me first class with a consent form and that I have to let them know straightaway because of the dealine for their witness statement - thought after I should have said that was their problem not mine and they could have stopped this at any time as they knew they didn't have the agreement. My question is should I have mentioned 3 years of ppi as well, I didn't counterclaim for this as they didn't produce statements and I didn't have time to dig out mine, or can I go after them later for this or indeed should I bearing in mind the offer? Won't get their letter anyway probably until after I return from work so looks like they could be spending a weekend in the office - I presume I should be asking for default removal as well - any help greatly appreciated.

[trooper68]

The Barrister told me later that it was her first case where the defendant had turned up, she obviously hadn't met a Cagger before but I'm hopeful she will again in the very near future!!

 

 

Well Done Miss Muppet.

 

You summed it up, i think they have become use to the idea of winning by default. This has made them sloppy with this whole procedures before court.

 

To All Caggers involved WELL DONE

 

knowledge is power....

 

Trooper68

[underdog13]

I think Optima know they're on to a loser if they are offering to settle:)

 

Did MBNA supply you with the application form and did it have any prescribed terms, if you don't mind me asking?

[miss muppet]

Hi underdog, just got in. They admitted they didn't have the application form early on and firstly supplied 6 pages of the terms and conditions to my CCA request, of course unsigned and then later when they applied for summary judgement they supplied 1 page of the t & c's (back and front) and one blank application form so really they were stuffed. They have obviously sent me something by special delivery which I have missed and will have to collect tomorrow, you are right, they must be worried!

[Dinkjames]

They also had the evidence of my raising court action in 2005 to reclaim penalty charges and he said surely I would have to admit that I knew that there had been an association between myself and the company and I said that it was true that I had reclaimed penalty charges when I got into trouble due to my illness,

 

Hi Ms Muppet.

 

Well done on your case and glad to hear that the cancer is in remission.

 

I am concerned about the impact that your claim for unfair charges may have had on your case. A lot of us on the site, fighting the same fight, are going it all in one go. Reclaiming charges and following the CCA route at the same time.

 

Do you think that claiming charges at the same time is effectively stating that you acknowledge the agreement?

[slick132]

Hi MM,

 

they offered me an amount to settle the case - £750 to be precise, they say it is a without prejudice offer.

Are they offering to pay you or is this what they'll accept as a F&F settlement from you.

 

Are there charges on the a/c which you're reclaiming.

 

You should be in no hurry to make your decisions - as you say, they could have dropped the case at any time before now.

Edited June 12, 2009 by slick132
typo

[miss muppet]

No I don't DJ because as I said to the Judge I did not know my rights at that time under the Consumer Credit Act 1974. In my case and as I know many other caggers have found MBNA do not fight fair. When I was requesting information they made life as difficult as possible by replying to me with a different account number and when I made a complaint to the ICO, they gave an alternate reason to that stated on their first witness statement plus they told the ICO they had not passed the account to a DCA when they had. This is why we also have the new Consumer Protection Regulations enforceable since May 2008 - one of the quotes from Susan Edwards, Head of Credit Investigations and Enforcement,OFT is very clear:

Therefore it is misleading to state,when complying with a section 77 or 78 request, that the debtor has signed or would have signed (or similar) the enclosed agreement where the debtor has not done so. From 26th May 2008 such a statement will be a breach of the Consumer Protection from Unfair Trading Regulations 2008(CPRs). Reg 5 of the CPRs states that a commercial practice is a misleading action if it contains false information in relation to the main characteristics of the procduct (amongst other matters) and is likely therefore to cause the average consumer to take a transactional decision he would not have taken otherwise. The product in question is the credit agreement and the main characterisitics include the 'executiion of the product' Reg 5(5)(d) of the CPRs).

 

Telling a consumer that he signed such an agreement is also a misleading statement about his rights and the risks he might face as covered by Reg 5(4)(k) of the CPRs. It is our view that it is likely that a consumer will take a transactional decision to make a payment under the credit agreement or to refrain from exercising his rights under the agreement as a result of being misled about whether he signed it.

 

Breach of Reg 5 of the CPRs is a criminal offence under Reg 9 and can also be enforced under part 8 of the Enterprise Act 2002. Under sec218A of the Enterprise Act, where an application for an Enforcement Order is made the court may require the Respondent 'to provide evidence of the accuracy of any factual claim'(such as a claim that a debtor has signed a credit agreement.

[Dinkjames]

Thanks for the info.

 

Would you say that my experience here http://www.consumeractiongroup.co.uk/forum/general-debt-issues/204259-warned-help-please.html would be argued under the CPR's?

 

Thanks for your time and advice.

[miss muppet]

Hi Slick, sorry replies crossed. Like you wondered whether I had heard right afterwards but as she used the phrase without prejudice and I had to sign a consent form, I think I heard right first time, cursing now that I missed the special delivery but will go out first thing tomorrow and collect it - after the Judge dismissed their application for summary judgement, the order that came out from the court said that we had to exchange witness statements together with case reports and statutory provisions not to include evidence already filed by the 15th, plus the claimant had to pay a fee of £150 by 2nd July and the claimant had to lodge a case summary with an indexed and paginated bundle by 27th August.

 

The way I look at this nothing ventured nothing gained, if by any chance they meant a FF offer well I've lost nothing because I have said I want to see the offer in writing and I would not agree to that anyhow plus I have made sure I sent a copy of the 2nd witness statement to court so they know I have complied whereas as yet no witness statement from them altho this might be the Special Delivery!! Anyway, the saga to be continued..//.... off to get an early night so can pick up mysterious bundle tomorrow!!

[Docman]

Miss M

 

Do ou have a reference for your quoye from the OFT? It would be very useful to a lot of caggers.

[slick132]

Hi MM,

 

I'm still not clear as to whether they are offering to repay charges to you or offering you a F&F figure for you to settle their claim.

 

Please confirm further when you collect the SD letter.

[miss muppet]

Hi Slick, no neither was I until I hot-footed it to Royal Mail this morning for their special delivery, needless to say made sure my signature was different and Optimistic Legal are living up to their names, this is why it is so important to get everything in writing - I know what I heard but here is the gist of their letter:-

WITHOUT PREJUDICE

 

Dear M (My christian name used here - ha ha best mates not!)

 

MBNA Europe Bank Ltd v Yourselves (eh - there is only one of me!)

I write further to our telephone conversation today.

 

As discussed my client has instructed me to propose a without prejudice offer based on the following terms

 

- You pay 40% of the principal debt, being £750.00

- The amount be paid in full by 30th June 2009

 

This offer will remain open and valid until the close of business on 12 June 2009, as discussed, if the offer is rejected I will need to prepare and file my evidence at the court in accordance with the court order dated 20th May 2009

 

I await hearing from you.

 

One thing here dear Optimistic Legal the order was for witness statements to be exchanged by 15th June, no sign of yours yet is there? The court know I have complied because they have a copy. Another thing is in relation to your offer - go forth and multiply!

 

Seriously Slick, there were no charges involved other than the usual penalty charges which I got refunded into the account early on before the cases were stayed. The only other thing is PPI which I had thought until I got my statements organised were from the whole period of the account but it turns out have only been applied for about 3 years.

 

I am still confident of my case and feel I have plenty of evidence to prove they have abused court processes.

[pompeyfaith]

hiya MM abuse of court process hehe watch my space come monday i will be filleting them