Friend of SAB - possible problem with MBNA claim ***WON***

[stroke a badger]

Ok, so it’s getting a little desperate now as I have until COB Friday to submit the N149 and I just don’t know what to include in the way of Draft order of Directions.

 

Looking at their defence it’s a pretty standard but there are a couple of sections that concern me and I’m wondering these need to be address as part of the Draft Order of Directions.

 

Each bullet pointed section ends with ‘The Claimant is to put strict proof to this allegation’ Surely it is up to the defendant to disproof the allegation, is it not?

 

The last two points concern me the most.

 

Given when the policy was taken out, the last date for any claim was Month 2007. Therefore the claim is out of time. There is no reason why the Court should exercise their discretion to extend time under S32A of the limitation Act 1980

 

Also

 

On that basis, the Defendant avers that the Claimant has no proof to support the allegations made and has no cause of action. The Particulars of Claim do not make any sense and do not make any basis for a claim. The defendant invites the Court to exercise its power to strike out this claim under the Civil Procedure Rules, CPR 3.6 as disclosing no reasonable grounds and that it is an abuse of the Courts process.

 

I’m do not really want to post all of the defendants defence, however if you can offer guidance drop me a PM and I will send you a link to it.

 

Please guys help in any way you can. I’ve come this far and don’t want to fail now even if it’s not my money!

[slick132]

Hi SAB - responding to your Reprted Post.

 

Just to clarify, the onus is on you (the Claimant) to show that the PPI was mis-sold or inappropriate. But you don't have to do this now as it will be addressed in your evidence to be filed later.

 

Re any Draft Directions, they are not compulsory and, even if you send in DD's with your AQ, there's no guarantee they'll be adopted by the judge.

 

If you want to include DD's, follow the guide in the Bank Templates Library and ask the court to order the production of any documents you require, or ask that Directions be made ordering the Defendant to do whatever it is you want, with a view to progressing your claim.

[slick132]

Re s.32 Limitation Act 1980, this only applies to some of the PPI amounts and I would expect that, if the claim is allowed, the older pay'ts would be included anyway. As CB said above, either the PPI is mis-sold or it's not !

 

It therefore follows that, regardless of the Limitation Act 1980, there is a case for the claim being made, at least for the later years. Therefore the claim should NOT be Struck Out at this stage.

 

[ukaviator]

Hi SAB

 

Sorry i have not been about much, i'm back doing 72 hours a week again with work. I was thinking about your draft order for directions, maybe add a little paragraph asking the judge to request Training files of the person who processed the agreement, to see if they were properly trained in PPI procedures etc. . You may not get it, but if a judge orders it, who knows.

 

Using the bullet points amend the draft order here:

 

Examples of Witness Statements / Disclosure by List / Draft Directions / Case Summary - Consumer Wiki

[stroke a badger]

Hi UKaviator

 

No worries. I know what it's like as at the moment there just doesn't seem to be enough hours in the day for me to help friends as well as trying to fight my own battles.

 

I always appreciate help received from this site.

[stroke a badger]

Update

 

MBNA failed to submit their Allocation Questionnaire by the the specified date but they now have after the court allowed them an additional 7 days.

[stroke a badger]

Looks like Wescot are chasing.

 

I should be able to find 5 minutes this evening to rattle off a 'not going to happen as subject to litigation' this evening.

 

[stroke a badger]

Just had a phonecall from Chris saying they have settled out of court for the full amount. This makes my life a lot easier

[steven4064]

Well done SAB - title changed as requested

[banker_rhymes_with]

Hello SAB!

 

Just had a phonecall from Chris saying they have settled out of court for the full amount. This makes my life a lot easier...

 

Excellent.

 

Did they include the Compound interest too?

 

Cheers,

BRW

[stroke a badger]

I think so just need to find out the value of the cheque then do the math

[landy_alert]

Great news SAB - very pleased for you and your friend

 

All your hard work paid off

[banker_rhymes_with]

Hello SAB!

 

I think so just need to find out the value of the cheque then do the math...

 

Thanks, it would be useful for people to know.

 

Cheers,

BRW

[stroke a badger]

The amount they have settled on is about £200 more than that claimed and i just can't work it out. O well

 

Chris has given me £1k towards a camera lens as a way of saying thanks, once the cheque has cleared a donation will be made to the site as well.

 

BRW.

 

The amount claimed comprises of both compound and 8% interest.

[banker_rhymes_with]

Hello SAB!

 

Excellent, many thanks for checking.

 

Get a cheaper lens, and buy more beer to celebrate.

 

I would!

 

Cheers,

BRW

[landy_alert]

The amount they have settled on is about £200 more than that claimed and i just can't work it out. O well

 

Chris has given me £1k towards a camera lens as a way of saying thanks, once the cheque has cleared a donation will be made to the site as well.

 

BRW.

 

The amount claimed comprises of both compound and 8% interest.

 

That's really brilliant SAB - if it's ok I might be needing to call on you for help with my own POC etc as I am getting close to filing a court claim against MBNA for PPI (they've offered premiums plus about £30 of interest so far)

 

Landy x

[stroke a badger]

Landy.

 

I will be happy to help in any way I can.

[slick132]

Hi SAB,

 

The Site Donation will be very much appreciated, thank you.

 

[landy_alert]

Landy.

 

I will be happy to help in any way I can.

 

Many thanks SAB, that's very kind of you and most appreciated

 

Unfortunately just as I was about to send off my LBA today I received a letter saying they have already refunded the premiums, associated interest of twenty-odd quid and a further 8% stat interest (which is an increase of £100 approx on their previous offer) to Mr L's account which has been sold to a DCA

 

Landy x