Help with MBNA CCA, please. - ***WRITTEN OFF***

[Laura Cooke]

Kayyak thanks for the response she`s 47 finished work Dec 08 she gets widow pension (Till her son leaves education) she gets DLA she gets a works pension her mortgage is £200 a week!!! she won`t stay in the property her husband was found dead there 6 years ago (Use your imagination here) she as never felt well since and feels that she needs to shut the bad memories out and live the life she can for as long as she as got some people with her illness have only managed 2 years with it but things are improving

[saintly_1]

In response to your PM .. What exactly is it you want help with .........

[Laura Cooke]

Just advice on what I have to do sorry I thought I`d clearly stated what i wanted I filed N1 for no sars they came when I filed N1 rang court to let them know asked them if I could still claim some or all the scheduled costs as they did not comply till the N1 was filed, I heard nothing from court but then a defence came from MBNA in which they say they have complied yet only this past week MBNA have sent some more papers

 

I was told I had to fill in a AQ I got help with that I sent that back to court I was advised to ask for a month to negotiate

 

I am in the dark as to what I am now supposed to bedoing? all I want is my costs the sars as been complied with

 

Another poster said I could file a N244? can anyone advise what to do as I am totally in the dark what is expected of me don`t understand any of this and what is meant to happen next I thought when i was told to write in to request my costs a Judge would say yes or no and that would be a end to it now a defence as come and a Aq and I want to get off this roller coaster

[Laura Cooke]

Advice on post 253 pleaseeeeeeeeeeeeeee I`ve been asking for ages on this issue someone out there must have 5 minutes to advise?

[caro]

1. Are you sure that you have everything from MBNA now?

 

2. Did you ask for your costs in your POC?

 

If the answer to both questions is yes, I suggest that you write to MBNA and tell them that if they pay your costs because you had to take out a court claim for failure to comply with your original SAR, then you will discontinue the claim.

[Laura Cooke]

Yes I did put in scheduled costs didn`t have to pay costs to file N1 on benefits will write who should I address letter to?

[caro]

What costs did you incur?

[Laura Cooke]

I put down £250 odd

[caro]

If you didn't have to pay to submit your N1 or AQ, what were the costs and can you prove them?

 

I haven't read your thread but I've seen people who have fought much more complicated cases in court claim this kind of amount for wasted costs.

[Laura Cooke]

poc as scheduled costs does people have to prove these? not heard that one before I put down £9.25 a hour then there is the postage and research and travel to court etc

[caro]

Maybe prove isn't the right word. You can claim reasonable costs. Was all of the research for non-compliance with a SAR? That sounds like about 20 hours.

 

If you're satisfied that's reasonable then fair enough, but I'd think carefully about if a judge will agree.

[Laura Cooke]

I`m down stairs on my lap top I may have got the research thing wrong will look in morning but got my advice off cag so hope it`s not wrong as I have had no end of conflicting advice on here never know which is ok, what in your opinion is reasonable as I`d be damned if I know what is I had paper/ink will look tomorrow morning as my office upstairs and I don`t want to disturb my son and hubbie son just back from Thailand hese done in after being stuck there

[caro]

There is lots of advice on CAG Laura, but at the end of the day you have to check it all out and decide what is right for you.

 

I can't say how long it took you to find the POC for non compliance, fill in the form, take it to the court, fares, parking or whatever, but how much paper and ink did you need? If it was a later stage in a complicated claim and you used a couple of printer cartridges and a ream or two of paper to produce a massive court bundle I could understand that.

 

The thing is, if you ask for too much I can well imagine MBNA refusing, so you would need to apply to the court and hope a judge agreed with you and not them.

 

I suggest that you review your schedule when you have a chance just to be on the safe side.

[diddydicky]

if you didn't pay for the filing then what was £250 For?

 

to be honest i think you would be lucky

 

as advised i would write to the other side and give it a try - but don't hold your breath

[Laura Cooke]

I looked at a lot of others scheduled costs and took bits of theirs and advice of other cag members some others were £500 that I saw with the lack of response on cag sometimes people make wrong descisions I didn`t even put down the cost of writing letters at that

[diddydicky]

i appreciate your reasoning but i think (IMO) in real life- this is a relatively simple application to make and i doubt that you would get much more than the allocation fee back in such circumstances

 

given that you didnt pay an allocation fee - i fear that you would be wasting your time

 

but my opinion is open to be corrected of course

[Laura Cooke]

It really does get you down I have follwed so much advice on here looked at so many threads and I have incorrectly put down too much on schedule of costs, I didn`t pay any court costs but I have been down to the court twice I have typed up letters and have had my time wasted for nothing?

 

These establishments know how to play it and can do no wrong if I messed them about you can bet I`d be paying for it

 

I`m open to sound advice on what i should do now as I be damned if I know be great if you ever got 2 people on the site to agree with same thing I can`t do right for doing wrong based on quite a few people giving incorrect advice so much advice is nowhere near accurate I`m so unsure who knows what anymore, I`ve been grateful for quite a bit of help I have had especially as it comes free but it would be nice to know that it is good advice it seems to be at the time to later when you try to use it other cag memebrs pick huge wholes in it

[diddydicky]

|i think everyone gives what they believe to be good advice- you have to choose what seems reasonable to you -as normally- (despite decisions going the wrong way sometimes) judges DO take the common sense approach.

 

What appears sensible to you will probably also appear sensible to a judge.

 

when looking at posts there are some who base their advice on how they would LIKE the world to be (nothing wrong with that) - and there are some who give their advice based on what is actually happening "on the ground"

 

for what it's worth- not being legally qualified- i try to imagine what i would think/do in a particular case if i were the judge- and advise accordingly

 

clearly those that are qualified and working in court day in day out will have a much better knowledge of what is going on- but their advice will come from the Real world not the hypothetical one!

 

hope that helps

 

dont lose the faith

 

creditors do not have the monopoly on bullsh*t- try dishing a bit out yourself

[slick132]

Hi Laura,

 

Looking in as requested on your Citi thread but not sure I can add anything useful to what has been said already.

 

This whole business is not a precise science and it's down to you to look at any opinions given, then make you're own decisions, as Caro said above.

 

Even if you paid full whack to have a solicitor advise you on what is reasonable, it is still only opinion and subject to a judge's discretion.

 

Your £250 estimate is not outrageous but you should now decide on a precise figure to claim with a schedule to back it up. If MBNA refuse to settle your costs, you have something more concrete to take back into court.

[Laura Cooke]

Thanks Slick I`m going to have to be careful about what advice I take trouble is it`s not always that simple and when you don`t know what to do you get desperate and are grateful for any advice in the end problem is like you say it`s not always good advice so many posts go unanswered I wish I knew more as I didn`t rely on people so much but I find it difficult to digest all I read and abbreviations do me as I bet it does many newcomers eg cca, sars etc

[Laura Cooke]

Wrote to MBNA last week asked them to pay my scheduled costs then I`ll discontinue. Court said the case stayed till 10th May now what do I do not heard a thing from MBNA

[slick132]

Try further contact with MBNA by email confirming:-

 

1. The court put a Stay until 10th May.

2. Your costs in the sum of £xxx which you want paid as per your letter of xxdate, to which they've not replied.

3. That you'll seek these costs at court and draw the judges attention to MBNA's failure to communicate.

 

It is, of course, your prerogative as to whether you pursue the issue of costs further in court, or let the matter drop.

 

[Laura Cooke]

I`m really feeling humble today all my posts been answered with great advice/help thanks Slick thanks all very much appreciated:D

Edited May 5, 2010 by Laura Cooke

[Laura Cooke]

Wrote to MBNA and emailed them last week reminding them that I have tried to negotiate a settlement to my costs they have not responded, it`s not very good is it I expected a offer of something if not all of my scheduled costs, it`s going to be tricky if I get a court date soon as tumbled yesterday and broke my leg I`m housebound for the time being and reliant on others till the near future

[Old Cogger]

I am sure I read somewhere in the past a figure of £90 was acceptable for time spent reading regulations and preparing paperwork, + any other out of pocket costs, i.e. travel, postage (recorded delivery of course), travel expenses also loss of earnings to go to court etc etc, just a few comments do not know if any help to you??? hourly rate of £9.75 pr hr.

 

Hope your your leg repairs quickly.