Count Court Claim received MBNA\Optima

[haggis1984]

When you draft your letter, highlight any words , phrases, you feel they may not understand and enclose the dictionary definition or suitable explanation.

 

This could mean that your letter looks as though it has a severe rash.. but what can you do:rolleyes:

 

Its nice to wake up and have a chuckle

[vint1954]

When you draft your letter, highlight any words , phrases, you feel they may not understand and enclose the dictionary definition or suitable explanation.

 

This could mean that your letter looks as though it has a severe rash.. but what can you do:rolleyes:

Yes CB, I have always done that. Perhaps I should highlight the whole letter.

 

I will copy the court manager in again.

[vint1954]

hi vint

our cases are running side by side i'm watching yours with great interest as i now know what to expect in the post next, good luck

No, good luck to you shakti. You WILL need it:rolleyes:

[RoadToRecovery]

A good read, and gl should you ever reach the stage where it is needed!

[vint1954]

This just gets more concerning. I cannot beleive that these are solicitors drafting these responses.

 

They issue a claim with no supporting documents in their hands.

 

They reply to my first 5 CPR 31.14 letters with illegible documents and documents missing when their letters state they are enclosed.

 

They ignore my CPR 31.15 letter to inspect the documents.

 

I am forced to issue an embarrassed defence.

 

They issue a reply to my defence, where the references to para numbers from my ED are mis-quoted.

 

In their reply they refer to the bundle attached, but this has documents missing that they refer to in their reply as being in the bundle. 2 more illegible sheets.

 

In their covering letter they state that their client is unable to provide the original agreement, yet in their response to the ED, they state that they have the documentation to prove the claim.

 

They have put me to strict proof, when they are the claimant.

 

Then require me to file a fully particularised claim by next week. I have a fuller defence ready, however it is still part embarrassed where the agreement is concerned.

 

I have written to the court twice now, advising them of the situation, but no response.

 

Ho Hum.

[citizenB]

Vint, They cannot order or even require you to put in a fuller defence. Onlly the court can do that.

 

If you are still corresponding with Northampton then they wont reply to your letters, I dont think. They didnt to mine .. however the claim was stayed and still is (not an MBNA situation).

 

Have you telephoned Northampton to see if they can offer any advice... they are usually pretty helpful in a non committed sort of way !!

[citizenB]

I wonder if Optima are gearing up to issuing a Summary Judgement ?

[vint1954]

Not sure CB,

 

Can they do that at Northampton? where they have not complied.

 

Think I will phone court to see what can be done.

[vint1954]

Hi CB,

 

Spoke with the court. Pretty helpful as you said.

 

Despite our freinds issueing an official looking reply to my defence, they have not lodged it with the court. They have heard nothing from them.

 

He says they have until the 15th Feb, then it goes before the judge for directions and a probable order to supply documents.

 

They apparently cannot obtain an SJ as I have filed a defence.

[haggis1984]

Sorry I dont have any expertise to advise you Vint - just want to offer some moral support!

[vint1954]

Sorry I dont have any expertise to advise you Vint - just want to offer some moral support!

Thanks haggis. A little more comfortable now, having spoken with the court. They seem to know Optima of old;)

 

Even more depressing was speaking to my sister just now. They live in Crete. They don't have much money, but are extremely relaxed and can afford to eat and drink well. rates or council tax is £70 a year, water is £60 a year, food where they live is about 35% of the uk prices. I love Greece.

[Undercover-Elsa]

Ahh well Vint, look on the bright side.. Ed Balls could get to be Prime Minister.....

 

 

No No please God NO!!!!!!

[vint1954]

Ahh well Vint, look on the bright side.. Ed Balls could get to be Prime Minister.....

 

 

No No please God NO!!!!!!

Do behave old thing!

[Undercover-Elsa]

Sorreeeee

I'd sit on the naughty step but someone took it...

[vint1954]

Not a naughty step collector, instead of a doorstep collector.

[Undercover-Elsa]

I feel a bit cheered up now after bringing my filing up to date for the last hour. It's reminded me that I'm sitting on, not a naughty step but:

3 faulty DN's (1 loan, two CC's)

4 accounts without any agreements, one of which just gave up and removed it from my credit file (without being asked) after admitting they didn't have one.

Methinks it's the happy hour

[vint1954]

Absolutely, French white falling down water called for. I am taking it intreveniously ( spelling?) at the moment.

[Undercover-Elsa]

Intravenously. But it doesn't matter after you've had a couple. My sleech gets spurred. Mines a brandy and coke

[vint1954]

Intravenously. But it doesn't matter after you've had a couple. My sleech gets spurred. Mines a brandy and coke

Mmmm, Brandy.

 

[vint1954]

Vint. My source on the inside tells me that your case has now been transferred to the Dispute Resolution Department of Optima and is currently being handled by a G**** P*****. This person is a solicitor albeit newly qualified.

 

I also have it on good authority that there are one or two people at Optima who have now started tuning in regularly to these forums to see what's being said about them and what errors have crept into their output...... Seems that they might be using this board as a sort of educational/training tool . Oh well, if they didn't persist in making errors and turning out shoddy work as they seem to have been doing from the evidence on here and documents which other people have posted up, we wouldn't have anything to write about... Fair comment, justified opinions and qualified privilege all apply....

 

Vint. If they do attempt to go for summary judgment, remember, the test for summary judgment is very, very high and if you have still got outstanding issues and questions it would be entirely inappropriate for them to chance any such application. I don't have to remind you but keep all letters and documentation.

 

Regards

Thanks Langster,

 

Just a couple of points, not sure how they would know who I was from this site.

 

Can you elaborate on Despute Resolution.

 

Regards

 

Vint.

[fredsdebt]

Hi Vint, just a line to wish you good luck with this.

 

Thanks for your help with my concerns & questions on my cases in the past.

 

ps/ Can I get to Greece with a couple of "Cornflake boxes" also!!

[haggis1984]

Hey Vint,

 

Just doing some bored surfing and came accross this:

 

http://www.consumeractiongroup.co.uk/forum/campaign/97712-complain-about-litigation-behaviour.html

 

Might be worth a complaint about the idiots you're dealing with

[vint1954]

Hi Vint, just a line to wish you good luck with this.

 

Thanks for your help with my concerns & questions on my cases in the past.

 

ps/ Can I get to Greece with a couple of "Cornflake boxes" also!!

Would be nice:)

[vint1954]

Hey Vint,

 

Just doing some bored surfing and came accross this:

 

http://www.consumeractiongroup.co.uk/forum/campaign/97712-complain-about-litigation-behaviour.html

 

Might be worth a complaint about the idiots you're dealing with

Thanks haggis. I will have a look.

[blueotter]

Hi vinnt,

Just returned from another short stay in hospital and i find that you're upto your ears in it ! looks like you're getting some good advice though,i know you can take care of yourself but we're all crossing fingers for you,give em hell.