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MBNA/Restons Claimforms - 2 MBNA Cards **DISCONTINUED***


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That sounds ok to me. Does your letters include postage at special / recorded delivery rates ( you may be asked to prove the postage).

 

 

I can't remember where I got the letter and hourly figure from but apparently £6.75 is accepted. I will be double checking all this stuff when the time comes.

 

I do have all the proof of posting though.

 

The N244 was £75.

 

Just a word of warning to anyone paying the courts..They do not take third party cheques (wife). I had to nip to the cash point..good job I had her card as well!

 

Rgds,

 

Royal.

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I can't remember where I got the letter and hourly figure from but apparently £6.75 is accepted. I will be double checking all this stuff when the time comes.

 

I do have all the proof of posting though.

 

The N244 was £75.

 

Just a word of warning to anyone paying the courts..They do not take third party cheques (wife). I had to nip to the cash point..good job I had her card as well!

 

Rgds,

 

Royal.

 

i thought the LIP rate was around 9.25 ph?

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Hi Diddy,

 

Yes the hourly LIP rate is £9.25

 

I found some info that you can charge £6.75 per letter you send on top of the hourly rate.

 

The info I found was on Consumerwiki...not sure how reliable it is! (just seen the CAG logo on it so hopefully RELIABLE!)

 

Have a look here...Application For Costs - Consumer Wiki

Edited by royalblue1878
cag logo bit.
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Hi,

 

Application hearing set for a few weeks away. (Requested strike out with N244 due to lack of documents supplied by claimant)

 

Is there anything I should be doing? Will be the first time to court.

 

Thanks,

 

Royal.

Edited by royalblue1878
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sub - running behind in a battle with MBNA/Restons

Halifax Card (OH) -2.9% reinstated - Sucess!

Santander/House of Fraser (1) PPI Refund plus 8% plus LOC

Santander/House of Fraser (2) PPI Refunded plus 8% plus LOC

Penalty Charge Notice - Representation accepted and PN cancelled - £120

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have a read of this thread as it will give you an insight of how a County Court hearing goes - http://www.consumeractiongroup.co.uk/forum/legal-issues/108467-basic-introduction-consumer-credit.html

 

I'd also read this post by B_R_W - http://www.consumeractiongroup.co.uk/forum/show-post/post-2171582.html

Edited by supasnooper
typo

 

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  • 4 weeks later...

Hi Folks,

 

Off to court in just over a week. I have read a little about court etiquette and so on and I am comfortable with all that.

 

The court date is my application notice hearing to get the creditor to show the docs or strike it out.

 

Should I be taking anything with me regarding to the case or will the application notice be the only thing discussed? In fact thinking about it as I have not had any of the docs yet there is very little I could take!

 

I have letters from the creditors saying they do not have the docs and I was planning to take those with me.

 

Just want to make sure thay don't say where is your such and such etc!

 

Cheers.

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Hi Folks,

 

Off to court in just over a week. I have read a little about court etiquette and so on and I am comfortable with all that.

 

The court date is my application notice hearing to get the creditor to show the docs or strike it out.

 

Should I be taking anything with me regarding to the case or will the application notice be the only thing discussed? In fact thinking about it as I have not had any of the docs yet there is very little I could take!

 

I have letters from the creditors saying they do not have the docs and I was planning to take those with me.

 

Just want to make sure thay don't say where is your such and such etc!

 

Cheers.

 

IMHO, it is well worth the hassle of taking your complete file which is suitably tagged so you can find anything speedily.

 

Far better to take all rather than not have the one peice of information you get asked for :rolleyes:

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Uploading documents to CAG ** Instructions **

 

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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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When I was in court for my LTSB non compliance hearing, I dragged along 2 huge lever arch files containing all the original documents (which apparently are to be taken to the hearing).

 

I also took 3 copies all the paperwork to be used in court, including the witness statements from LTSB.

 

At the last minute, I decided to chuck in copies of the data that arrived on the day of the hearing received too late to prevent the hearing.

 

When the barrister turned up she had just 2 sheets of notes.:eek:

 

I was never more pleased I had taken all bar the kitchen sink. The Judge wanted to see for himself the data that had been provided, in order to establish what hadnt been:D

 

On top of that, as the barrister didnt even have copies of the oppositions paperwork, I was able to provide her with copies of theirs and mine :D

Have we helped you ...?         Please Donate button to the Consumer Action Group

 

Uploading documents to CAG ** Instructions **

 

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

 

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy - HERE

2: Take back control of your finances - Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

 

 

BCOBS

 

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

 

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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Yep,

Best to go with everything you have, As Cit B says, copies for others just looks more professional.

a wry little grin when you hand the opposition a copy is very satisfying.

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Keeping Watch Royalblue as you know I am trailing behind you! - Good Luck

Halifax Card (OH) -2.9% reinstated - Sucess!

Santander/House of Fraser (1) PPI Refund plus 8% plus LOC

Santander/House of Fraser (2) PPI Refunded plus 8% plus LOC

Penalty Charge Notice - Representation accepted and PN cancelled - £120

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Keeping Watch Royalblue as you know I am trailing behind you! - Good Luck

 

Cheers, I feel good right now but 24hrs before and it may be a different feeling!

 

Obviously will keep you posted!

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Restons, if they elect to submit anything, will probably do so right up to the day before the hearing.

 

If they elect to serve you a defence on the day, politely decline it, and let them try to serve them in the Court room. Iif they are allowed to do, you would be allowed to ask for an adjournment to consider the defence.

 

Help us to keep on helping.

Please consider making a donation, however small, if you have benefited from advice on the forums.

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Any advice & opinions given by supasnooper 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.

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i haven't had a chance to read all of the thread but was a little concerned a few posts ago that you said that the claimant had confirmed that they did not have the agreement

 

applying to the court to force them to produce something that they have already admitted that they don't have- might backfire in terms of costs

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i haven't had a chance to read all of the thread but was a little concerned a few posts ago that you said that the claimant had confirmed that they did not have the agreement

 

applying to the court to force them to produce something that they have already admitted that they don't have- might backfire in terms of costs

 

Hi Diddy,

 

The case was stayed indefinately until they produced the agreement both to the court and to myself. This was done by the judge after reading the papers in the case and without any representation by either side.

 

I have had nothing from Restons (apart from the N1 and a blank application form) and am presuming that the court haven't either.

 

As there was no date limit on the stay the only way to move the case on was to issue an application notice. Otherwise it would remain in limbo.

 

I have letters from MBNA stating that they do not have the agreement and have put them in my WS.

 

R.

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Hi All,

 

MBNA/Restons have now officially discontinued!

 

I have just checked with the court after receiving a call and then an email from Restons earlier today.

 

They said in the call that they would discontinue if I agreed not to go for costs.

 

Now in this case I have agreed not to file for costs due to the overall behaviour of MBNA/Restons which has not been too bad when compared to Barclays (in my experience).

 

Having read other threads I was expecting a lot worse, also my OH and I have been through a great deal of stress and during the call from Restons I could actually feel some of that lift! So it is good just to end this episode and wait for the next. (most probably Barclays).

 

I do realise that Restons had little choice in the matter and would have likely discontinued whatever I said.

 

Speech speech speech!

 

Thanks to all involved and to all who have helped with their comments and advice, it's been fantstic and we could not have coped without it.

 

I hope no one is too annoyed that i decided to let them off the costs!

 

We would have liked to have gone out for a celebratory lunch in the village but we are still unable to afford even that. (The wife suggested I apply for a credit card and put it on that!) Hopefully in the not to distant future we will most definately be making a contirbution to CAG. (OH is doing a bit of overtime and we should be getting a little rebate from the gas/electric people for paying to much over the last year or so).

 

A little more info if it helps anyone in the same situ...this case was for two MBNA credit cards. the N1's were recieved on the same day and the 2 claims were eventually consolidated into 1 claim by the judge who originally stayed them, this meant that my application notice (N 244) for strike out. due to be heard tomorrow cost £75 and not £150. (had it been £150 I would almost have certaily gone for costs!)

 

The total amount of the 2 claims was some where in the region of £15,500.

So a good result when all said and done! (although if i had done the sums I am sure any amount spent on the cards would have been repaid several times over in interest!).

 

Thanks again to all and maybe see you on another thread!

 

Royalblue.

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RB sincere congratulations and you should have no concern regarding your decision, your family must always come first. Unlike the banking fraternity we are all only too aware that peace of mind is worth much more than money.

G

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  • dx100uk changed the title to MBNA/Restons Claimforms - 2 MBNA Cards **DISCONTINUED***
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