Count Court Claim received MBNA\Optima

[shakti]

I had to pay them £20 a mth on a £7000 debt Im happy with that as its chicken fodder lol

 

No costs awarded to them I feel that I could of won it had my knowledge of court procedure been better.

 

Still I offered MBNA £50 a month before it went to court they decided no and ended up worst lol

 

I cannot stress enough do your homework and abide by the CPR.

 

And finally catch them out on ever turn because this is optima and they will fluff up.

 

PF

good result then PF

[shakti]

Shakti

 

Just to clarify. It is not an abuse of process to apply for SJ if a defence has been filed. In fact, it is a mechanism for disposal of a parties case if it seems that the case has no real prospect of succeeding without the need to go to trial.

 

If you were to file a defence which was clearly "fanciful" then the creditor would be perfectly entitled to issue an application for SJ. This is not to say that their application would succeed as you would then have the opportunity and the right to oppose that application.

 

It is true that the SJ system is sometimes used inappropriately or incompetently as per the cases we have been talking about.

 

Regards

langster

if you filed an embarassed defence because they ahdn't supplied the doc's you need then surely that kills any prospect of a SJ

[shakti]

`or am i just being fick

[Old Cogger]

Just Proves what idiots Optima are, there not solicitors just so called bully boy litigation crappers.

[vint1954]

You think you guys have got problems with Optima... just wait until the debtors prison returns...... A chilling glimpse of the future?

 

http://www.consumeractiongroup.co.uk/forum/abbey-bank/261927-return-debtors-prison-santander.html

 

"It emerged after the case that Glasgow law firm Optima Legal, who handle legal matters on behalf of Santander, had attempted to have the case covered by a local solicitor, but no Dundee firm would take up the case on their behalf"........

 

....... just left her to rot then... not sure of the Legal system in Scotland but as the judge said, "they might have had the decency to be represented".

Discusting.

[foolishgirl]

OMG - what are we coming to??

[vint1954]

Looking at it again, it appears as though there was a CCJ , followed by a warrent, but it was not served correctly. When there was no response to the warrent, the poor womans's arrest followed.

[GeoffreyAlby]

Goes to show the usefulness of CAG. Its scary how some people are literally bullied by these people and too scared to respond to court action and pay the consequences, whereas the posters on here have the confidence to take on and demonstrate total knowledge of the relevant law!

[pompeyfaith]

Originally Posted by vint1954

Looking at it again, it appears as though there was a CCJ , followed by a warrent, but it was not served correctly. When there was no response to the warrent, the poor womans's arrest followed.

Full paperwork not produced at court as well. It was a civil matter, not a criminal case. I don't know the Scottish system but as the judge seemed so scathing it looks as though something happened out of the norm. The excuse for nobody turning up on behalf of Optima/

 

Santander seems laughable.

 

One word UNBELIEVABLE

[vint1954]

Full paperwork not produced at court as well. It was a civil matter, not a criminal case. I don't know the Scottish system but as the judge seemed so scathing it looks as though something happened out of the norm. The excuse for nobody turning up on behalf of Optima/Santander seems laughable.

There are so many complaints about this firm, it begs the question, what is being done about them. Nothing I would assume.

[LB145]

Hi Vint, how are things progressing, you have had no update for several weeks - I have to get my WS in nxt week for SJ hearing, and am also dealing with the threat of SD from MBNA/Experto (the biggie) - its all or nothing isnt it? heavy workload, trying to fit in Uni visits up and down the country (so expensive to do) for all out there who are travelling by train from a London station - you can get cheap train travel from £5 - £20 return until the end of July - you just have to have an Oyster card (£3.00)

[vint1954]

Hi LB,

 

Still argueing the toss raely. I susspect they will move again soon.

 

Vint

[blueotter]

maybe they've just realised the futility of it all vinnt..............my mbna accs have been dormant for over 7 months now,think experto have them still as i had some txt offers !

[RoadToRecovery]

maybe they've just realised the futility of it all vinnt..............my mbna accs have been dormant for over 7 months now,think experto have them still as i had some txt offers !

 

 

Same here. Experto bought the debt, only had a couple of letters over the past six months.

[GeoffreyAlby]

maybe they've just realised the futility of it all vinnt..............my mbna accs have been dormant for over 7 months now,think experto have them still as i had some txt offers !

 

 

Do you reply to EC or just ignore them? Ive got to the point of just ignoring them, their latest stunt being a World Cup Offer! Are they serious!

[blueotter]

I,ve had 2 txt offers and ignored them but i was posing a question on another thread.

 

I'm not on here as much as i used to be what with a newborn and no home internet anymore but i cant help but notice there's an awful lot of people just sitting on their accounts with no dca action being taken.

 

Now there's only so many legal depts and resources avilable so i was wondering aloud if the dca's /banks are cherry picking the accounts with less defects so they have more chance of convincing a dodgy judge and also concentrating on house owners as they'll have a chance of an attachment order ?

 

Does seem strange that so little seems to be going on,in my own case i don't own anything but owe everything so even if they did get me to court i have nothing to give them.

I was making a nominal contribution on a few accounts but i cant see the point anymore as i'd need to live another 60 years to have any chance of paying them off at a rate i can afford.

[LB145]

Hi Vint - just checking in to see how tngs are progressing - all seems very quiet?

[vint1954]

Yes, quiet at the moment.

 

Vint

[vint1954]

Its been very quiet on this case until now.

 

NCCBC claim issued 2009.

 

Case stayed in Feb 2010 following issue of defence.

 

Last communication from MBNA Sols Feb 2011

 

Application to lift stay and Summary Judgement issued 2012 after 26 months.

 

Looks like we are back on again.

 

They have not supplied me with a witness statement, supporting their application.

 

Vint

Edited April 17, 2012 by vint1954

[citizenB]

So what is their excuse for leaving it so long, Vint ?

 

Is the situation still the same as it was back in 2010 when the claim was stayed ?

 

Lots of things have happened since then, some good, some bad .. are you ready for them ?

[LB145]

That was a blast fromthe past Vint! Will follow your progress again! Good Luck

[vint1954]

Hi citizenb,

 

Nothing much has happened.

 

They have written to me over a year ago, requesting that I withdraw my defence, which I obviously refused to do. Nothing until a notification from Northampton stating that the case had been transferred to my local court.

 

There was no communication from the OC or their solicitors, no witness statement to support their application.

 

I am aware of a few of the recent gevelopements, particularly the Brandon appeal in the house of lords. Defects in default notices are NOT de minimis.

 

Vint

[the_shadow]

Hi Vint, sorry at work so no time to scroll.. was the defence an embarrassed defence?

 

Naughty about the witness statement.

 

S.

[vint1954]

That was a blast fromthe past Vint! Will follow your progress again! Good Luck

 

Thanks LB.

 

I thought that they had gone away.

 

Vint

[citizenB]

Have responded to pm