MBNA/Optima Court action

[MisterV]

I think its been a long day, the DN came first class posted 12th May, not 2nd class as I said earlier - sorry.

 

Think I will call it a day there and pick it up again tomorrow.

[summerbreeze]

I think its been a long day, - sorry.

 

Think I will call it a day there and pick it up again tomorrow.

 

remove the above post

 

They will not be able to provehow it was sent if it wasnt recorded and I feel sure they wont have the proof of postage as you can only get that at the post office and they send out their letters in bulk.

 

You can put them to strict proof of the postage method and if they cant provide it then 2nd class is assumed

[underdog13]

I have never known MBNA to send a DN by first class post; the cheapskates always use a 2nd class sevice, usually Uk mail.

[pompeyfaith]

yup if it aint got a first class stamp it aint first class mine was uk mail

[MisterV]

Hi folks,

 

All been a bit quiet here. Bit of advice needed now though,

 

Received a letter from the court advising receipt of my defence (id sent my defence back because MBNA's solicitors hadent complied fully with the CPR request) goes on to say the claimant will contact the court informing if he wishes to proceed or not, and that the claimant needs to contact the court within 28 days after receiving my defence. Im assuming this is a standard letter?

 

Also, my CPR requests are coming through slowly and surely, (copy of CCA and statements only so far) shall i write again saying they havent fully complied or wait? Their last letter, which was sent with a copy of my statements, (that only go back to 2004, account opened in 1999) says only ..." We look forward to receiving your defence"

 

Not too sure what my next step should be , help please.

[pompeyfaith]

Hiya MisterV,

 

How are u.

 

Right firstly here is another MBNA thread for you to follow im giving you this link because its a very good resourceful thread and its one that was WON today.

 

Although this is Restons Solicitors they work in the same way as Optima and also all the CPR will be the same.

 

http://www.consumeractiongroup.co.uk/forum/dca-legal-successes/170484-fairbyblue-mbna-restons-court.html

 

Right now onto your questions.

 

Received a letter from the court advising receipt of my defence (id sent my defence back because MBNA's solicitors hadent complied fully with the CPR request) goes on to say the claimant will contact the court informing if he wishes to proceed or not, and that the claimant needs to contact the court within 28 days after receiving my defence. Im assuming this is a standard letter?

Yes standard Letter

 

Also, my CPR requests are coming through slowly and surely, (copy of CCA and statements only so far) shall i write again saying they havent fully complied or wait? Their last letter, which was sent with a copy of my statements, (that only go back to 2004, account opened in 1999) says only ..." We look forward to receiving your defence"

I would write a letter to Optima stating something along the lines of

 

I appreciate you are looking forward to my defence, but until you fully comply with my CPR request that will not be forthcoming.

 

Now one question id like to ask you.

 

Have you recieved a copy of the comms log yet.

 

This is something you will need a its a log of every activity on your account.

 

This should be part of every CPR request but it holds true that it is never supplied unless requested. So i would add that also in your letter.

 

Regards

 

PF

[MisterV]

PF, thank you very much.

 

Is comms log short for anything? or do i just put " Comms log"

[pompeyfaith]

hiya misterv comms log is the communication log and is a record of all activity to the account mine ran into 32 pages this is very important to any defence

[MisterV]

Letter on its way.

 

Thanks PF

[pompeyfaith]

your welcome PF

[MisterV]

Hi,

 

Am in the process of completing an Allocation Questionaire from the court,

seem to be going quite well but could do with a bit of help please.

 

Hi,

 

Have read about issuing a counter claim and wondered what the procedure is and what it means?

[AndyOrch]

The Claimant makes a claim against you the defendent and you if in a position ie unfair charges miss sold PPI etc to off set the debt will make a counter claim.This is normaly done with your defence and known as a Part 20 claim however you can issue a counter claim anytime during proceedings via the N244 (at a cost).

 

PART 20 - COUNTERCLAIMS AND OTHER ADDITIONAL CLAIMS - Ministry of Justice

 

Regards

 

Andy

[MisterV]

Thanks, so no rush then, just need to get this AQ sent back. Bit stuck on a couple of issues, firstly :

 

I have indicated willingness to settle the claim before court, Do I tick yes to a 1 month stay?

[AndyOrch]

Thanks, so no rush then, just need to get this AQ sent back. Bit stuck on a couple of issues, firstly :

 

I have indicated willingness to settle the claim before court, Do I tick yes to a 1 month stay?

 

Your choice, the Claimants will to appear to be amicable in the matter,also provided a little breathing space.

I usually advocate waiting to the last min to submit your AQ you may recieve a copy of the Claimants which gives good hindsight in the completion of yours.They normaly provide a copy as courtasy and as such you same,if non recieved then dont send them yours.Very useful to see if they have or intend to make any applications or what Directions they have requested.

 

Regards

 

Andy

[MisterV]

What does a 1 month stay mean?

Presumably id tick yes to the court arranging a mediation appt?

 

Does anyone have any experience of how these things go/outcomes?

[AndyOrch]

What does a 1 month stay mean? Stopped, nothing happens.

Presumably id tick yes to the court arranging a mediation appt? Only if you want to or if you prefer to handle mediation yourself then no

 

Does anyone have any experience of how these things go/outcomes?

If mediation can be achieved then why as the Claimant issued the summons in the first place and why was mediation not agreed before litigation.If you have defended the action then their must be a dispute or problem that you are not prepared to pay,so it would follow that no you want to fight this all the way,and yet still appear to be amicable.

 

Hope that makes sense.

 

Regards

Andy

[MisterV]

What exactly does 1 month stay mean?

 

Obviously if i am willing to mediate i have to allow the court to arrange an appt?

[AndyOrch]

What exactly does 1 month stay mean? A stay in proceedings nothing happens Court wise,you and the Claimant try to reach settlement

 

Obviously if i am willing to mediate i have to allow the court to arrange an appt?

That is an option open to you .You dont have to use them you can do it yourself

[MisterV]

(sorry duplicated post above)

 

If i declined to allow the court to arrange a mediation appt, does that mean id have to arrange it myself or wait for the claimants response?

[AndyOrch]

The Claimant usually requests a stay with say 1 month time.Evey case is unique and only you know if you have a chance of winning or agreeing settlement.

If the Claimant has opted for settlemnt this means that they are open to mediation and also prefer not to proceed to trial( consider it as the last chance to come to an agreement)They may approach you by way of a Without Prejudice letter/or a Part 36 offer or you the same, doesnt really matter who instigates it, so thats the best advise I can give really without the use of a crystal ball.

I gather from your posts that you are not keen on proceeding to trial?

Do you feel your defence is weak?

 

Regards

 

Andy

[MisterV]

Im relying on the CCA route like a lot of people and would prefer to avoid court as i think its too hit and miss on the day. Pompeyfaith has helped me a lot and you just have to look at his experience to see why.

 

Obviously i have a DN now against my name and i need to avoid a CCJ against me. If i lose on the day what happens then? Can you mediate then or is it a CCJ and have to continue paying the debt as normal?

 

Like you said earlier, i need to wait until the last moment and hopefully see a copy of the claimants AQ, and see what their views are.

[AndyOrch]

Im relying on the CCA route like a lot of people and would prefer to avoid court as i think its too hit and miss on the day. Pompeyfaith has helped me a lot and you just have to look at his experience to see why.I accept that and normal

 

Obviously i have a DN now against my name and i need to avoid a CCJ against me. If i lose on the day what happens then? Can you mediate then or is it a CCJ and have to continue paying the debt as normal?If you lose you get the Judgement against you but are allowed 28 days to pay in full (no CCJ)if not in a position to pay, monthly instalments agreed with CCJ and on CRA for 6 years

 

Like you said earlier, i need to wait until the last moment and hopefully see a copy of the claimants AQ, and see what their views are.

 

 

The option of settlement is always open until the Trial window if you feel you are going to lose this then you must consider your position carefully whats best for you and your family.It takes courage to defend and even more to LiP and if you ar not confident or do not consider your defence strong enough then you really need to review your postion.

 

I trust the above is of help

 

Regards

 

Andy

Edited August 21, 2009 by Andyorch

[MisterV]

Would a settlement at this stage be between the claimants solicitors (Optima) and myself or MBNA and myself?

Has the debt been sold, which might mean a better chance to negotitate or is it still technically with MBNA.

I did have a settlement phone call with MBNA a few months ago where they were prepared to accept approx 40%, but only as partial and not F&F.

 

I just need to explore all options at this point.

 

Thanks everyone so far, particularly PF and andyorch.

[AndyOrch]

Would a settlement at this stage be between the claimants solicitors (Optima) and myself or MBNA and myself? Through the Sols acting for the Claimant

Has the debt been sold,Whos name as Claimant on the summons? which might mean a better chance to negotitate or is it still technically with MBNA.

I did have a settlement phone call with MBNA a few months ago where they were prepared to accept approx 40%, but only as partial and not F&F.Dont go there they will come back for the remainder

 

I just need to explore all options at this point.

 

Thanks everyone so far, particularly PF and andyorch.

 

Regards

 

Andy

[MisterV]

Hi,

 

Anybody around to help with a Allocation Questionaire?