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wycombe V Restons (MBNA)


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Not an MBNA claim, but some of the things you may encounter have been well deflected in this thread.. More toward the end of thread over the last 4 days.. but read the whole thread to see how it panned out.

 

http://www.consumeractiongroup.co.uk/forum/legal-issues/244988-fluffystuffs-oh-hfc-22.html#post3033923

 

 

Although the above thread is not an MBNA claim, there are a lot of posts that could be useful.

 

Happy ending as well :D

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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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CM - Thanks for your message.

 

At the moment I am busy collating all the information I am going to need or think I may need. Just getting the WS together with exhibits and paginated etc. has taken hours to do. Printing off the case law I am going to use/quote is also being a challenge with a temperamental printer, ink that costs a fortune and a forest of paper. I am probably about half way through all this - waiting for my benefit to come through so I can refill my ink cartridges!!

 

In between this I have hospital appointments - I am awaiting the final appointment now for major abdominal surgery so have been going for tests and assessments. Of course the benefit people also take up time!

 

Fortunately I still have a couple of weeks to get all done and dusted - though I may need to hire a fork lift truck to carry all the paper I have printed off!!

 

This is why I have not been too active on the Forum recently though I am keeping my eye on your thread and a few others as well. You seem to be in good hands and well on top of everything. Other than Fluffy's thread there are have been a few alarming results in court with very prejudiced judges about so I am trying to ensure I do not fall flat on my face through any lack of preparation.

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Printing off the case law I am going to use/quote is also being a challenge with a temperamental printer, ink that costs a fortune and a forest of paper. I am probably about half way through all this - waiting for my benefit to come through so I can refill my ink cartridges!!

 

You don't need to print off all the case law for your WS submission wycombe although you will need it for the court bundle & a copy for the hearing. Re. costs - when you win, it's all recoupable from the claimant. :)

Any knowledge I possess or advice I proffer is based solely on my experiences in the University of Life. Please make your own assessment of legality, risks & costs before taking any action.

 

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Thanks for looking in FG - appreciated as always:)

 

I do have one question:

 

Do I need to have my costs ready for the SJ hearing? And do I send a copy to the opposition? I have seen a few threads where the defendants have submitted or received costs before a hearing.

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Thanks for looking in FG - appreciated as always:)

 

I do have one question:

 

Do I need to have my costs ready for the SJ hearing? And do I send a copy to the opposition? I have seen a few threads where the defendants have submitted or received costs before a hearing.

 

From what I learned on Tuesday, if you don't let the other side know your costs at least 24 hour before the hearing the Judge is unlikely or unable to award them to you - so send them to the Claimant well in advance I would say.

 

p.s. I have a laser printer which is faster and much cheaper than your inkjet. If I can help you in any way with the printing I'd be pleased to do so. Ink jet cartidges are a rip-off - but that's another issue!

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Many thanks IDAH,

 

I will get my costs ready and send to the opposition a week before the hearing by Recorded mail and take a copy to the Court.

 

Also I greatly appreciate the offer of assistance with the printing. Another Cagger has already donated their copies of the few remaining bits of Case Law that I do not yet have copies of - I am deeply indebted to her for this. My antique sytem can probably cope now with the odds and ends I need to print off now just to tidy things up.

 

Also my thanks to squidward for your best wishes. At the moment my time on the Forum is limited but I am following your thread. If you need anything just shout! Trusting all goes well with your fight.

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CM - Thanks for your message.

 

At the moment I am busy collating all the information I am going to need or think I may need. Just getting the WS together with exhibits and paginated etc. has taken hours to do. Printing off the case law I am going to use/quote is also being a challenge with a temperamental printer, ink that costs a fortune and a forest of paper. I am probably about half way through all this - waiting for my benefit to come through so I can refill my ink cartridges!!

 

In between this I have hospital appointments - I am awaiting the final appointment now for major abdominal surgery so have been going for tests and assessments. Of course the benefit people also take up time!

 

Fortunately I still have a couple of weeks to get all done and dusted - though I may need to hire a fork lift truck to carry all the paper I have printed off!!

 

This is why I have not been too active on the Forum recently though I am keeping my eye on your thread and a few others as well. You seem to be in good hands and well on top of everything. Other than Fluffy's thread there are have been a few alarming results in court with very prejudiced judges about so I am trying to ensure I do not fall flat on my face through any lack of preparation.

 

Hi Wycombe, thanks for the update. Great to see all the help you are getting - you are well on your way.

 

Isn't it awful though, how you have to do so much to prove that credit agreement laws etc have been breached. Still, the end will justify the means, I feel sure of that. You can never be too prepared!

 

Hope they don't keep you waiting about too long for your surgery.

 

All the best! :)

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Do I need to have my costs ready for the SJ hearing? And do I send a copy to the opposition? I have seen a few threads where the defendants have submitted or received costs before a hearing.

 

Send your costs in no more than 48 hours before the hearing. ;)

If you win the SJ hearing, the DJ may award you the costs there & then or might make you wait for consideration at the full hearing. If the latter, make sure you hold on to them to present again with the 'full' costs at your hearing.

Any knowledge I possess or advice I proffer is based solely on my experiences in the University of Life. Please make your own assessment of legality, risks & costs before taking any action.

 

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Thanks FG and CM

 

Just to clarify:

 

No problem to send my costs to the opposition 48 hours pre-hearing.

 

But do I also send them to the Court at the same time? Or is it OK to take them along on the day with the proof they have been sent to the opposition?

 

Of course if costs are awarded there will be at least half donated to CAG as without this site I would, by now, be well trodden into the ground by the debt collection industry.

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But do I also send them to the Court at the same time? Or is it OK to take them along on the day with the proof they have been sent to the opposition?

 

Definitely send to the court - more important than the copy to Claimant.

Any knowledge I possess or advice I proffer is based solely on my experiences in the University of Life. Please make your own assessment of legality, risks & costs before taking any action.

 

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  • 3 weeks later...
  • 2 weeks later...

Brief update.

 

My SJ hearing is tomorrow and I am hoping I have enough information and don't get too tongue tied to get through this successfully. Win or lose I just want to thank everyone for all their help and support thus far. Should the worst happen then I will have to throw in the towel as much as I would hate to do this. This is because I do not have the funds for an appeal and I am due back in hospital on the 31st for some major surgery that will keep me out of action for six weeks or so. I will still be able to access my computer etc. but my mobility will be severly restricted and I probably will not have the stomach for any further fight until my health has sufficiently improved.

 

Wishing success to all other caggers who have subscribed to my thread and are in a similar position to myself. Will post up the result of my hearing on Thursday evening.

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Just to wish you all the best for tomorrow, will be thinking of you.

 

X

Notwithstanding the fact that I sometimes ramble and I'm such a worrier, all postings are made with the best intent and entirely without prejudice.

You are welcome to use any information you may find here entirely at your own risk. Please do not hold it against me! :p

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Everything crossed for 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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Yes, all the best for tomorrow.

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

1: How can BCOBS protect you from your Banks unfair treatment

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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A quick thanks to everyone for their best wishes for tomorrow. I have my bag of tricks packed and ready to go. So I am signing off now and relax in front of what ever rubbish is on TV. I doubt if I will get much sleep as I am sure everything will be spinning around in my head when I do get to bed. I really should have got some Red Bull in but good strong black coffee will have to suffice tomorrow to keep me on the ball!

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Adding my best wishes too, wycombe.

 

Stay calm & collected, take your time & don't let the DJ or any scratty sol try & hassle you.

 

If you have anyone that go with you as a Mckenzie' friend to take notes for you, it may help. Just remember to politely ask the DJ for his permission (he shouldn't refuse, the case law is there to back it up - McKenzie) & tell your friend that he/she can't address the court although he/she can converse quietly with you.

Any knowledge I possess or advice I proffer is based solely on my experiences in the University of Life. Please make your own assessment of legality, risks & costs before taking any action.

 

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