MBNA county court Summons " Help Please

[AndyOrch]

Summary Judgment is what they tried for last year (it short cuts the trial process so judgment without trial)

Default Judgment is if you dont defend

Judgment is when the claim as gone full process and you lose,they get Judgment

 

Andy:wink:

[DizzieDiva2010]

Summary Judgment is what they tried for last year (it short cuts the trial process so judgment without trial)

Default Judgment is if you dont defend

Judgment is when the claim as gone full process and you lose,they get Judgment

 

Andy:wink:

 

I didnt back down and i got half the costs deducted but we'l see about these costs because this hasnt in no way been fair and im not backing down from this. If i end up paying costs i will appeal.

[Old Cogger]

M.P., SRA, Press Office of The Mail, etc etc, FSA, Minstry of Justice (regarding the quote from the Judges), P.M. deputy P.M., Watchdog, local BBC news station, ITV news station, local Radio stations, Which!, there is a start DD.?

 

Woman Magazines and any other Magazine you can think of.

 

Any American Company i.e. Capitol One, MBNA contact President Obama direct.

 

That for starters, a lot of them? you would be surprised what may become of it, I did it.

[miss muppet]

Dizzie, lost in admiration at your ability to deal with all that life has thrown at you, I hope little man is improving. You go get them girl, they are a dreadful company, I won a summary judgement against Optima Legal/MBNA couple of years ago, no application form or any kind of agreement, outstanding balance at the time £1600, took a look at my free credit report recently and there it is with amount stated as £2,000, they had already added £200 before the hearing and they had to cough up costs of £200 which they have kindly added to my credit report.

Going to sort out a notice of correction but a bit busy with something else at present.

 

Thinking of you, well done Andy for being there every step of the way, as Mike says throw everything at them, a bit of bad publicity about them has to be good.

[DizzieDiva2010]

M.P., SRA, Press Office of The Mail, etc etc, FSA, Minstry of Justice (regarding the quote from the Judges), P.M. deputy P.M., Watchdog, local BBC news station, ITV news station, local Radio stations, Which!, there is a start DD.?

 

Woman Magazines and any other Magazine you can think of.

 

Any American Company i.e. Capitol One, MBNA contact President Obama direct.

 

That for starters, a lot of them? you would be surprised what may become of it, I did it.

 

Thanks for that input mike, i need to get it all in writing, then write to these and see if magazines are interested in the story.

[DizzieDiva2010]

Dizzie, lost in admiration at your ability to deal with all that life has thrown at you, I hope little man is improving. You go get them girl, they are a dreadful company, I won a summary judgement against Optima Legal/MBNA couple of years ago, no application form or any kind of agreement, outstanding balance at the time £1600, took a look at my free credit report recently and there it is with amount stated as £2,000, they had already added £200 before the hearing and they had to cough up costs of £200 which they have kindly added to my credit report.

Going to sort out a notice of correction but a bit busy with something else at present.

 

Thinking of you, well done Andy for being there every step of the way, as Mike says throw everything at them, a bit of bad publicity about them has to be good.

 

You go girl..iv still have alot of work to get done on this case but im strong i dont let them get me down their not important enough for that

[Old Cogger]

Good for you Dizzy. give it a try!

[DizzieDiva2010]

Rooming in at the childrens hospital, my son was naughty again Monday night stopped breathing and spent a day and night in ICU but is back on the ward again. Right iv booked an appointment for legal assistance.

[Old Cogger]

see what happens Dizzie!

[DizzieDiva2010]

I'm finding it difficult to find a solicitor to take on the next hearing so I have contacted community legal team who are based in Northamptonshire.

 

I would like to put in a complaint with regards to the track my case was allocated to (fast track) as the Judge agreed it shouldn't have been allocated to this track. I want guidance on who to make a written complaint to at the court as I did state on the allocation questionnaire that I disagreed with the fast track.

 

MBNA have got Judgement on the back of a faulty default notice only because I agreed to an amount of £2250 of which I have never denied.

 

I want to submit a complaint any advice please?

Edited September 24, 2011 by DizzieDiva2010

[AndyOrch]

Have you had any paperwork through DD from the last hearing or with regards to costs hearing?

 

Andy

[DizzieDiva2010]

Have you had any paperwork through DD from the last hearing or with regards to costs hearing?

 

Andy

 

Not yet Andy.

[DizzieDiva2010]

Recieved the N24 today; number 1 states how much I am to pay and number 2 states that;

 

Not by consent

 

2) The defendant shall pay the claimants costs pursuant to contract and under CPR 48.3 subject to detailed assessment.

[AndyOrch]

Recieved the N24 today; number 1 states how much I am to pay and number 2 states that;

 

Not by consent

 

2) The defendant shall pay the claimants costs pursuant to contract and under CPR 48.3 subject to detailed assessment.

 

48.3

(1) Where the court assesses (whether by the summary or detailed procedure) costs which are payable by the paying party to the receiving party under the terms of a contract, the costs payable under those terms are, unless the contract expressly provides otherwise, to be presumed to be costs which –

(a) have been reasonably incurred; and

 

(b) are reasonable in amount, and the court will assess them accordingly.

 

(The Costs Practice Direction sets out circumstances where the court may order otherwise)

 

(2) This rule does not apply where the contract is between a solicitor and his client

 

 

 

Regards

 

Andy

[DizzieDiva2010]

Why should MBNA be awarded costs on the back of a faulty DN, they were only awarded Judgement bc iv always admitted the debt no litigation was discussed!

[DizzieDiva2010]

The Judge didn't ask to take a look at my income & expenditure as I am on benefits the advice centre said I should be paying a token payment how can I get this re looked at?

Edited October 4, 2011 by DizzieDiva2010

[AndyOrch]

You can request a redetermination (as to be done within 14 days of the judgment date) but with the costs issue being separate and not finalised there will be more to consider and agreed terms of payment.

 

Andy

[DizzieDiva2010]

You can request a redetermination (as to be done within 14 days of the judgment date) but with the costs issue being separate and not finalised there will be more to consider and agreed terms of payment.

 

Andy

 

So thats too late then! What do you suggest?

[AndyOrch]

Wait until the costs are determined and assessed and you have the final figure.

The judgment you have now is for the debt alone and set at the rate of £20pm Im not sure how they are going to request payment of the costs

and whether this will be attached to the original judgment or kept separate.Is there any mention of the costs element within the judgment?

 

Andy

[DizzieDiva2010]

Wait until the costs are determined and assessed and you have the final figure.

The judgment you have now is for the debt alone and set at the rate of £20pm Im not sure how they are going to request payment of the costs

and whether this will be attached to the original judgment or kept separate.Is there any mention of the costs element within the judgment?

 

Andy

 

No there isn't. I need to get together what I'm going to put to the Judge at the next hearing, I think this is important.

[AndyOrch]

No there isn't. I need to get together what I'm going to put to the Judge at the next hearing, I think this is important.

[ATTACH=CONFIG]30538[/ATTACH]Heres some info DD Ill post another shortly

 

Andy

[AndyOrch]

[ATTACH=CONFIG]30540[/ATTACH] This covers the effects in some cases were the wrong Track was allocated

[AndyOrch]

Plenty research there DD bedtime reading:wink:

 

Regards

 

Andy

[DizzieDiva2010]

Thanks Andy will have a good read tonight

[DizzieDiva2010]

1) No litigation was discussed at my last hearing MBNA were awarded Judgement only because I agreed to an amount I owed.

2) No litigation was discussed.

3) My case was allocated to the wrong track.

 

I need to put together my reasons as to why I believe I shouldn't have to pay any costs.

 

1) An unfair trial that only lasted 10 minutes when MBNA pushed for the fast track saying it was a complexed case. Oh how complex can you get when a defendant has admitted the debt!

 

Any other points please post up many thanks

Edited October 4, 2011 by DizzieDiva2010