MBNA county court Summons " Help Please

[DizzieDiva2010]

Hi Dizzie,

 

I wondered where you had gone, glad to hear you are on the mend now!

 

I am sure someone will come along and give you the advice you need.

 

Hi Dotty, nice to hear from you, hope your good x

[bustthematrix]

Hi Dizzie

 

Try to stay clam and keep reading and building your knowledge. It is my experience that increasing knowledge in an area can help to dissipate fear/anxiety in that particular area.

 

Have you tried visiting court just to see what it's like? Have you tried attending anyone else's cases, just for experience? Have you read through any of the success threads?

 

Have a look at this one from DiddyDicky http://www.consumeractiongroup.co.uk/forum/legal-issues/242373-mbna-restons-diddydicky-case.html

 

You have to be quite clear that you have a clear, lawful defence. Your defence is IN LAW.

 

It is not a con, a fast one or whatever else anyone wants to robe it in. It's a defence IN LAW. All the moral stuff about you owe you pay is really irrelevant at this point. Does MBNA have a lawful claim against you, on the basis of which they are bringing action? That's the real question. And the clear answer is NO.

 

Remember that judges can't just do whatever they want regardless of whose side they are on! I know it seems like it sometimes but you can make it very hard to rule against you if you bone up well and digest the legal arguments and case law behind them.

 

Where are things with your s78, CPR and SARN requests?

Edited July 30, 2010 by bustthematrix

[bustthematrix]

Another way to look at it is, if you had a good barrister/lawyer in your corner, do YOU believe you have a case?

 

If you don't then at this point, you should look to negotiate/settle.

 

Remember that your 'case' is not primarily that you have something to go after the lender for; your case is mainly based upon the fact that the lender does not have a proper case against you.

 

They do not have proper grounds to take the actions they are seeking to enforce against you by taking you to court!

[bustthematrix]

A month away from my court date and im worried about how to present my case in the correct manner and order to the judge.

Write up your case. What is the history? Look at the many defences and Witness Statements posted by Caggers. They are posted for that very purpose - to help others in their own cases. You need to be able to 'tell the story' of the history of your dealings with MBNA. All the items you've requested that have not been sent etc. All the errors and injustices they've committed, the letters that have gone back and forth. All of that.

 

You need to be very clear on all your main defence points e.g. no executed CCA, Invalid Default Notices and Termination etc.

 

It concerns me that MBNA will throw something at me and i will be lost for words,

This may well happen but why worry about it? Why? What's the worst that can happen? Remember it is THEY who are in the wrong, not you.

i really dont know what to expect and im loosing sleep over this.

Read others' stories. These will give you an idea and help to prepare you. They all use the same tactics over and over again. They're trying to catch you with the same points. Re-read your thread and all the advice you've been given. Re-read all the letters you've sent, carefully noting the legal points in each. Anything you don't understand ask for clarification on that specific point.

Has anybody on here been to court facing MBNA with dodgy default notice as their defence?

Never had the disprivilege, but others have, with success and have posted as such. Work through the MBNA threads.

Now i have recieved the documents they are going to reply upon do i have to re submit my embarrassed defence???

Not sure. Have you served any CPR requests? Did you include any unless

orders when you completed your Allocation Questionnaire?

Im not sure what im supposed to be doing now peeps...

Can you restate the up to date history of what you've sent to the court AND to MBNA and their sols?

[DizzieDiva2010]

Sorry for the delay in my responce, i have been writing up the history of my case.

 

Case Update:

No compliant default notice issued.

Court Proceedings issued on 23/04/10

Requested CPR 31.14 10/05/10

Acknowledged Service 04/05/10

Requested Subject Accesss Request 10/05/10 recieved 21/06/10 computor print out of account information, computor data application details, terms & conditions, customer information system, copy of collection notes.

Requested under the Consumers Credit Act 1974 a copy of the credit agreement 10/05/10 recieved 25/05/10 supposedly up to date terms & conditions, copy of application form & most recent statments.

Submitted Embarrassed Defence 19/05/10

Notice of Hearing dated 13/07/10

Application Notice dated 05/07/10 recieved; application form, terms & conditions of the credit agreement regulated by the Consumer Credit Act 1974, statements dated from 24/07/08 to 22/02/10, reconstituated default notice, copy of call logs.

I have submited embarrassed defence should i re-submit my defence?

[supasnooper]

Here's some links to cases that went to court with lots of twists and turns

 

http://www.consumeractiongroup.co.uk...-notices-**WON**

 

http://www.consumeractiongroup.co.uk...p-please-**WON**

 

http://www.consumeractiongroup.co.uk...Action-***-WON-***

 

 

I'd read these and then find some more .........you really must know your stuff !!

[Docman]

Sorry for the delay in my responce, i have been writing up the history of my case.

 

Case Update:

No compliant default notice issued.

Court Proceedings issued on 23/04/10

Requested CPR 31.14 10/05/10

Acknowledged Service 04/05/10

Requested Subject Accesss Request 10/05/10 recieved 21/06/10 computor print out of account information, computor data application details, terms & conditions, customer information system, copy of collection notes.

Requested under the Consumers Credit Act 1974 a copy of the credit agreement 10/05/10 recieved 25/05/10 supposedly up to date terms & conditions, copy of application form & most recent statments.

Submitted Embarrassed Defence 19/05/10

Notice of Hearing dated 13/07/10

Application Notice dated 05/07/10 recieved; application form, terms & conditions of the credit agreement regulated by the Consumer Credit Act 1974, statements dated from 24/07/08 to 22/02/10, reconstituated default notice, copy of call logs.

I have submited embarrassed defence should i re-submit my defence?

 

DD, what's the hearng for and how much longer have you to prepare? Is it a hearing for Sumary judgment?

[Series3]

I'm at court on friday..I'll post a report.

Mine is against MBNA too...

[/url]http://www.consumeractiongroup.co.uk/forum/showthread.php?245159-series3-v-MBNA-Optima/page7

you might get something by taking a look over the thread.

 

series3

[Series3]

link doesn't work!!!!

[cerberusalert]

This one? http://www.consumeractiongroup.co.uk/forum/showthread.php?245159-series3-v-MBNA-Optima

[Series3]

yup...

I copied and pasted the link from the address bar....keep getting error 404...?

 

thanks for that.

[DizzieDiva2010]

Will read thanks.

 

A good read very helpful thank you.

Edited August 19, 2010 by DizzieDiva2010

[DizzieDiva2010]

I assume so " county court judgement " that's what mbna are after.

[AndyOrch]

Hi Dizzie

 

Not quite sure you are upto speed what is happening here.The Application Notice (N245) that you received you need to read it carefully.This supersedes any other previous dates and basically the Claimant is applying for Summary Judgment.Short cutting the process and forcing the Court to make a decision in their favor and grant the CCJ.Within the AN their should be a reply or a Witness Statement in oppersition to your defence and to support said application.There will be a date for when the hearing will take place and a date for you to submit your own WS in objection to their application and why the case should proceed to trial.Your WS must be submitted not less than 7 working days to that application hearing date and also filled with the Claimants Sols for their attention.This time frame is quite stringent and failure to comply or meet the dates could have a an effect on the outcome of their application.

 

Regards

 

Andy

[DizzieDiva2010]

I submitted the Allocation Questionaire N149 by 12 July 2010 and the hearing is 6 September 2010. Can you help me out here as im not sure what im supposed to be doing for this WS.

[DizzieDiva2010]

I submited the N149 form online then i recieved a date for the hearing. I have not recieved a copy of the executed agreement therfore can i apply for a strikeout?

Edited August 19, 2010 by DizzieDiva2010

[DizzieDiva2010]

When i acknowledged the claim i defended part of the claim, I still dont feel confident with going it alone. However im asking for advice here if i have to amend my defence. I have a court hearing on the 6 September and i have no executed credit agreement. Opinions needed please.

[Series3]

I doubt many of us were confident in going it alone.

Thing is, your not alone. The good people on this site offer

help and support. I for one am feeling loads better and I'm in court

in 2hrs 15mins. lol

All we can do is our best..win, lose, at least give it a shot.

read as much as you can...you will be inspired and angry.

then confidence will come.

[AndyOrch]

Re read my post 564 DD, slowly this time,I'm not talking about Allocation Questionnaires (N149),amending defences etc.You state you received an Application Notice (N244) you state you have an hearing 6th Sept (Summary Judgment Hearing? you dont state!!) Please re read, all the answers are there.Cant help if you dont digest.

 

 

Regards

 

Andy

[DizzieDiva2010]

Sorry I need to change that no I haven't recieved that form, the last form I sent was the allocation questionaire, then the court replied with the hearing date... I got confused andy

[DizzieDiva2010]

Wishing you all the best series3

Edited August 20, 2010 by DizzieDiva2010

[AndyOrch]

Phew!!!!! Ok DD proceed as you are then:D

 

 

Andy

[AndyOrch]

I have subscribed to your NW Overdraft thread also,you dont appear to be getting any help.

 

 

Regards

 

Andy

[DizzieDiva2010]

Sorry... I have other debts I guess stress is taking it's toll on me.. I'm all good then!

[DizzieDiva2010]

Thank you Andy...