MBNA county court Summons " Help Please

citizenB · May 15, 2011

Has he wonderful of course I require one that will be the icing on the cake. Thank you so much for your input much appreciated.

Hi dizzy, I will let him know

Chipmeister · June 2, 2011

Hey Dizzie, how are things going? Hope to hear some good news from you soon. All the best, CM

Chipmeister · June 17, 2011

I have misplaced the confirmation will contact the court of course. The adjourned court date as i remember is the beginning of September. Sorry guys have not been on here much as baby has been ill with a serious condition Necrotizing Entercolitis has just got over it and is starting back on feeds :~) is a little fighter like his mummy.

Poor little thing - how horrendous for you all. Delighted to hear feeds starting again, and what a relief for you Dizzie. All the very best. CM

DizzieDiva2010 · June 17, 2011

Also appreciate advice on my NatWest thread am having a nightmare year so far :-(

DizzieDiva2010 · August 21, 2011

DizzieDiva2010 · August 21, 2011

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AndyOrch · August 21, 2011

Subject to how you feel and the condition of your little boy DD as to whether you agree to the adjournment.

They have known the complexities all along and how long the trial would require, court time ,are they stalling to wait to see the outcome

of " Brandon" because they state in their application this " may" assist the trial and DJ??????

Regards

Andy

Chipmeister · August 22, 2011

I think Andy is bang on the money re Brandon. This is scare and stalling tactics at their very best. If I were you I would refuse the application for those very reasons. However, you have much on your plate & you must do what is right for you & Little One. All the best, CM xx

manchestman · August 22, 2011

Hi Dizzy, life can often feel desperately unfair and my heart goes out to you. However, as Andy says, unless you feel the adjournment could help you in your personal life, then they have had loads of time already to assess the 'complexities' of the case.

Having to deal with this and finding it hard to concentrate could be a double edged sword and may actually help just a little to ease your mind off your little man for a few odd moments.

I know it won't be for everyone but when I was 'swotting' for my court case and I found I had very large threads to negotiate through, I went to 'thread tools' and pressed the 'printable version' button. I then copied and pasted the whole lot into a word file and saved it. I then began going through the thread, deleting many, many repetitions, encouraging comments and stuff I would never use until I had a condensed version containing my main points and useful advice. I found it great for then reading through quickly and finding salient points. You could go one further and even write your own headings etc if it helped.

Without reading your whole thread again, I still maintain that your one sole strong point is the claimant's lack of an enforceable agreement (please correct me if I am wrong?) and it is on this point that they will come unstuck and may need to go no further. I know time is a truly difficult thing for you to find but I have just come across a great thread by PriorityOne and only started in July this year titled 'Challenging Reconstituted Agreements...' . In just the first page, it succinctly puts some of the arguments you will want to know and use. http://www.consumeractiongroup.co.uk/forum/showthread.php?314597-Challenging-Reconstituted-Agreements...&p=3503298&viewfull=1#post3503298

Good luck, Dizzy

DizzieDiva2010 · August 22, 2011

Hi Dizzy, life can often feel desperately unfair and my heart goes out to you. However, as Andy says, unless you feel the adjournment could help you in your personal life, then they have had loads of time already to assess the 'complexities' of the case.

Having to deal with this and finding it hard to concentrate

could be a double edged sword and may actually help just a little to ease your mind off your little man for a few odd moments.

I know it won't be for everyone but when I was 'swotting' for my court case and I found I had very large threads to

negotiate through, I went to 'thread tools' and pressed the 'printable version' button. I then copied and pasted the whole lot into a word file and saved it. I then began going through the thread, deleting many, many repetitions, encouraging comments and stuff I would never use until I had a condensed version containing my main points and

useful advice. I found it great for then reading through quickly and finding salient points. You could go one further and even write your own headings etc if it helped.

Without reading your whole thread again, I still maintain that your one sole strong point is the claimant's lack of an enforceable agreement (please correct me if I am wrong?)

and it is on this point that they will come unstuck and may need to go no further. I know time is a truly difficult thing for you to find but I have just come across a great thread by PriorityOne and only started in July this year titled 'Challenging Reconstituted Agreements...' . In just the first page, it succinctly puts some of the arguments you will want to know and use.

http://www.consumeractiongroup.co.uk/forum/showthread.php?314597-Challenging-Reconstituted-Agreements...&p=3503298&viewfull=1#post3503298

Good luck, Dizzy

Hi Manchestman.. Thankyou for your response I shall take your advice on reading back my thread. Also appreciate the info.

Dizzie

DizzieDiva2010 · August 25, 2011

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Is this letter saying my hearing is still listed for the 6 September 2011 for 2 hours?

AndyOrch · August 25, 2011

Yes the the DJ has disregarded their application due to lack of time .They made the application too late:razz:

Regards

Andy

DizzieDiva2010 · August 25, 2011

Yes the the DJ has disregarded their application due to lack of time .They made the application too late:razz:

Regards

Andy

Ok thanks Andy.

Edited August 25, 2011 by DizzieDiva2010

DizzieDiva2010 · August 25, 2011

I shall post up the letter later but Restons have basically said to me in a letter that the costs I will end up paying will far exceed the balance I owe? I thought the Judge decides on the costs & it was in proportion to the amount owed?

AndyOrch · August 25, 2011

I shall post up the letter later but Restons have basically said to me in a letter that the costs I will end up paying will far exceed the balance I owe? I thought the Judge decides on the costs & it was in proportion to the amount owed?

DD you have always been aware of the costs risks in FT I have gone through it numerous times.Thats why you tried to switch it to SCT (as it should have been in the first place)

Andy

DizzieDiva2010 · August 25, 2011

So how can they say the costs will far exceed the debt!

Edited August 25, 2011 by DizzieDiva2010

AndyOrch · August 26, 2011

Amount of fast track trial costs

46.2

(1) The following table shows the amount of fast track trial costs which the court may award (whether by summary or detailed assessment).

Value of the claimAmount of fast track trial costs which the court may awardNo more than £3,000 = £485 More than £3,000 but not more than £10,000 =£690 More than £10,000 but not more than £15,000 =£1,035 For proceedings issued on or after 6th April 2009, more than £15,000 =£1,650

(2) The court may not award more or less than the amount shown in the table except where –

(a) it decides not to award any fast track trial costs; or

(b) rule 46.3 applies,

but the court may apportion the amount awarded between the parties to reflect their respective degrees of success on the issues at trial.

(3) Where the only claim is for the payment of money –

(a) for the purpose of quantifying fast track trial costs awarded to a claimant, the value of the claim is the total amount of the judgment excluding –

(i) interest and costs; and

(ii) any reduction made for contributory negligence.

(b) for the purpose of quantifying fast track trial costs awarded to a defendant, the value of the claim is –

(i) the amount specified in the claim form (excluding interest and costs);

(ii) if no amount is specified, the maximum amount which the claimant reasonably expected to recover according to the statement of value included in the claim form under rule 16.3; or

(iii) more than £15,000, if the claim form states that the claimant cannot reasonably say how much is likely to be recovered.

The amount of costs recoverable in fast track cases is strictly limited. For example, the maximum basic trial costs that may be awarded is £750 for cases where the value of the claim exceeds £10,000, plus an additional £250 if the court considers it necessary for a party's legal representative to be present in addition to an advocate.

Finally, a word of caution. The costs are supposed to be fixed, but if the judge takes the view that a party has acted unreasonably they can increase or reduce the amount of costs to be paid as they see fit.

Regards

Andy

DizzieDiva2010 · August 26, 2011

Help, I need somebody,

Help, not just anybody,

Help, you know I need someone, help.

When I was younger, so much younger than today,

I never needed anybody's help in any way.

But now these days are gone, I'm not so self assured,

Now I find I've changed my mind and opened up the doors.

Help me if you can, I'm feeling down

And I do appreciate you being round.

Help me, get my feet back on the ground,

Won't you please, please help me?

And now my life has changed in oh so many ways,

My independence seems to vanish in the haze.

But every now and then I feel so insecure,

I know that I just need you like I've never done before.

Help me if you can, I'm feeling down

And I do appreciate you being round.

Help me, get my feet back on the ground,

Won't you please, please help me.

When I was younger, so much younger than today,

I never needed anybody's help in any way.

But now these days are gone, I'm not so self assured,

Now I find I've changed my mind and opened up the doors.

Help me if you can, I'm feeling down

And I do appreciate you being round.

Help me, get my feet back on the ground,

Won't you please, please help me, help me, help me, ANDY .... with my NATWEST THREAD :lol:

Edited August 26, 2011 by DizzieDiva2010

DizzieDiva2010 · August 26, 2011

Amount of fast track trial costs

46.2

(1) The following table shows the amount of fast track trial costs which the court may award (whether by summary or detailed assessment).

Value of the claimAmount of fast track trial costs which the court may awardNo more than £3,000 = £485 More than £3,000 but not more than £10,000 =£690 More than £10,000 but not more than £15,000 =£1,035 For proceedings issued on or after 6th April 2009, more than £15,000 =£1,650

(2) The court may not award more or less than the amount shown in the table except where –

(a) it decides not to award any fast track trial costs; or

(b) rule 46.3 applies,

but the court may apportion the amount awarded between the parties to reflect their respective degrees of success on the issues at trial.

(3) Where the only claim is for the payment of money –

(a) for the purpose of quantifying fast track trial costs awarded to a claimant, the value of the claim is the total amount of the judgment excluding –

(i) interest and costs; and

(ii) any reduction made for contributory negligence.

(b) for the purpose of quantifying fast track trial costs awarded to a defendant, the value of the claim is –

(i) the amount specified in the claim form (excluding interest and costs);

(ii) if no amount is specified, the maximum amount which the claimant reasonably expected to recover according to the statement of value included in the claim form under rule 16.3; or

(iii) more than £15,000, if the claim form states that the claimant cannot reasonably say how much is likely to be recovered.

The amount of costs recoverable in fast track cases is strictly limited. For example, the maximum basic trial costs that may be awarded is £750 for cases where the value of the claim exceeds £10,000, plus an additional £250 if the court considers it necessary for a party's legal representative to be present in addition to an advocate.

Finally, a word of caution. The costs are supposed to be fixed, but if the judge takes the view that a party has acted unreasonably they can increase or reduce the amount of costs to be paid as they see fit.

Regards

Andy

Oh and Andy, the statements i was requesting all those times via letter which MBNA witheld from me they sent to me in disclosure. Therefore i based my defence on the statements and information they provided in my SAR. minus these statements to the old account!!!!! However these statements show the old account did have a nil balance but the new account commenced not long after!!! Crafty of them is this allowed?