HFO/optima CO for old MBNA debt - sold to link

[slick132]

Have you put these onto a spreadsheet to quantify what you should reclaim in charges and compound interest in restitution.

 

This should do - http://www.shweb.pwp.blueyonder.co.uk/interestcalcs.xls

 

What total does this give for charges and compound int't.

 

8)

[whymehfor]

Claim Date 16-May-2011 Interest Rate (%APR) 29.90% TOTAL CLAIM: 1,744.57

 

Thats including the combined overlimit fees charges and also the late fee charges

[slick132]

Hi Whyme,

 

Re the PPI, as you actually claimed on it at some stage, I assume you will not be trying to reclaim PPI.

 

Out of interest, you say the PPI box was not ticked on the T&C's they sent to you - is your signature on there.

 

If you can reclaim £1,750 odd, what balance approx is left owing on the a/c.

 

I wonder if you can use this to negotiate on the basis of inadequate paperwork on their part. See if they would take the £1,750 in F&F Settlement and you agree not to pursue for repayment of charges or PPI.

 

Otherwise, you will have to counterclaim for the penalties.

 

8-)

[whymehfor]

PPI. I came out worse off from using ppi than if they had put me on a reduced payment plan. I became self employed and during part of that time I took unemployment benifit. But the PPI from st andrews only works in a block of 30 days. My account increaded by from roughly 6300 to 7200 (theses are the statements that are missing).

 

Because no ppi T&C where not given to me at the time, and that it is likely that any pre existing medical condition would have invalidated the insurance. St Andrews have every right to ask for their money back as it was invalid. I unwittingly helped Mbna to fraud.

 

Fun isn't this ...

 

"If you can reclaim £1,750 odd, what balance approx is left owing on the a/c.

 

I wonder if you can use this to negotiate on the basis of inadequate paperwork on their part. See if they would take the £1,750 in F&F Settlement and you agree not to pursue for repayment of charges or PPI.

 

I didn't include the 8% (the court thingy - lost for words here) on that total .. The total they are asking for is approx £5000.

[slick132]

I'm guessing here but, if at any time they became aware of your previous medical condition, or that you were self employed and no longer qualified for PPI, I'd say the PPI should be refunded from that date.

 

You could calculate this but those statements are missing !! You need to get them asap.

 

[whymehfor]

By not checking that i wanted ppi, not giving me details about the ppi, and again not checking that if I had a pre existing medical condition to me says i was missold ppi and that i was party to fraud due to their mishandling of the account .

 

I would dearly love the courts to throw the book at them over this but as i say its a half day hearing at a court with a 15 min conciliation meeting a month before.

[slick132]

I would dearly love the courts to throw the book at them over this.....

Not likely to happen but you should decide what you're going to do about the PPI - ie ignore it or reclaim some/all of it.

[whymehfor]

update:

 

Phoned the courts today, and it was MBNA and it was them who had Judgement refused and not me. SO their SJ Failed.

 

The courts missed the draft order for directions ..

 

Questions.

 

is any leter sent by MBNA, that says

 

"we are aware that you are on a reduced monthly payment plan. If you continue to pay those amounts every is fine, if you do not we reserve the right to default your account. once defaulted your account is terminated"

is that classed as a enforcement notice ?

 

Should I used the same draft order for direction again or should i use a certain form to push for cpr 31.14 compliance?

[whymehfor]

Update:

 

I have a reconciliation meeting tomorrow to determine what bits should go to full trial or if it can be sorted out before that. I have evidence that the dn is defective on 3 grounds. Should I explain this tomorrow and suggest out of court settlement or SJ

[dx100uk]

pers i'd do this

 

make two spreadsheets usig the slick link

one for charges

one for PPI [guestimate the missing statement PPI figure based on avg for months before/after missing ones]

 

make SURE you use THEIR INTERST RATE on each SOC & your can noe add a FURTHER 8% in rest int one to each months charge & PPI from that monthto today {charge/PPI for that month + their int + 8% for EVERY ONE]

 

from the PPI total deduct what they gave your during your claim against it]

 

i bet that will very nearly equal your outstanding bal?

 

then neg from there. on the DN front, worth a try too

 

not my game court ...sorry

 

dx

[the_shadow]

If you go with the problems with the default notice you should be aware they'll probably mention Brandon vs Amex which is the case that is currently the lead case on default issues. You would need to show clear prejudice by the default notice being incorrect (you say 3 things).

 

If its the time between service of the document and the date given to rectify you would need to show they took enforcement action in that 14 day period.

 

Brandon vs Amex is being appealed... this month I believe so if you use the default issues and they mention Brandon, remember to state its under appeal this month.

 

S.

[whymehfor]

OMG, what a day .. its bloody hot and i felt like roast chicken and being roasted .. I came home quickly as possible.

 

The reconciliation was semi interesting in that the DJ had to go at 1pm.

 

The brandonVs Amex is interesting in that the Judge has overridden the guidelines by the OFT and UTR, that the penalty charges are unlawful.

 

Shadow may i IM you with the full details of the of the 3 defective reasons why the DN is defective. Some if it isn't in the Public domain and I wish to keep it that why till my full defense goes in.

Edited July 4, 2011 by whymehfor
Spelling!

[citizenB]

Will leave a message for the Shadow for you

[whymehfor]

thanks

[the_shadow]

Hmm they certainly appear to have mucked up, but never underestimate the judiciarys attempts to alter the playing filed.

 

S.

[whymehfor]

Yes i found that out from the brandon case, and my own reconciliation meeting where it was like, open your chequebook please :o.

[whymehfor]

I have to have my defense in by friday (posting Thursday)

 

Does my exhibits have to be in with that bundle or the witness statement bundle (due in a few weeks time)? 90% of the exhibits are from the claimant.

 

Also will somebody kindly look over my defense once postd. ..(pretty please).

[slick132]

Copy letters and other evidence will be dealt with in your court bundle, to be submitted later.

 

[whymehfor]

Yup, just double checked the court documents.

 

claimants full Disclosure 18/7

Defense in 29/7

Claimant reply to defense 12/8

 

All documents that any party intends to rely on in court to be served to parties and the court by the 18/8

[whymehfor]

long day ..

 

Can somebody look at the main crux of my defense.

 

Theres a couple of bits left to do which i'm fine with

 

- rubbishing the poc

- counter claim - ppi (partial embarrassed defense as the claimant has not provided full disclosure after 6months)

- harrasment.

 

if theres anything i should change or add please do tell me.. i unfortinuity had not clue it would take 17 hours writing this.

 

If i have left any personal info please do delete and i will re upload. again the word doc is available via pm ..

 

and of course super thankies in advance. CAGers

 

cag.pdf

[whymehfor]

Optima legal is cliaming this is ok for an LBA I do not not due to its vagueness of legal action

[whymehfor]

crapo they have turned out small :O..

[MARTIN3030]

Does not look too bad but needs better formatting.

I would suggest numbering each section.

Also putting refs in closed brackets.

You can also refer to the client as C and defendant as D-This should cut it down a little.

[whymehfor]

Has anyone here got information on the above that can be used in court?

 

Thanks in advance.

 

WhyMeh

[citizenB]

Not quite sure I understand the question.. but a charge off entry usually indicates when the creditor has sold the account on. The charge off being for tax purposes. HTH