MBNA and Arrow Global - claim form received - bal prob all unlawful charges ***Struck Out With Costs***

[citizenB]

Lets hope you will get some good news

[BRIGADIER2JCS]

Good Luck Mr.H.

 

Brig.

[MARTIN3030]

Anything further on this yet ?

[MrHat]

No - still waiting to hear from the court/judge

[MrHat]

just phoned the court and there is a judges order in the post to me....................Apparently the judge has said something along the lines of - unless the claimant files the Terms&Conditions, breakdown of the balance incl 12 months of statements, and the termination notice by 29th December then the claim shall be considered struck out....................ANY COMMENTS CAGGERS?

[AndyOrch]

Only Tick Tock:wink:

 

Andy

[BRIGADIER2JCS]

Keep everything crossed and hope they cannot comply,

it would be stupid of them to hold out until the 29th. if they

actually have the documents.

[MrHat]

I am thinking that they will probably apply for the order to be varied

[AndyOrch]

I am thinking that they will probably apply for the order to be varied

 

In what way, set a side? Looks like a pretty tight unless order, difficult to get around.

 

Andy

Edited December 13, 2011 by Andyorch

[BRIGADIER2JCS]

Time they put up or shut up I think:madgrin:

[caro]

Excellent news.

[MrHat]

They should be able to supply all the docs really. IMO, the only reason they are not playing ball on the statements is because they will show up all the charges on the account. Will be interesting to see what happens between now and the 29th.

[MrHat]

One question: At what stage should I draw up list of costs in case the claim is struck out? Would I even qualify for costs considering I have not entered a defence?

[caro]

I should get it ready now. If you've had costs it doesn't matter how far the claim went if they've wasted your money on it.

[MrHat]

Am away visiting family but have heard that a fat envelope from the sols has arrived in the post at home

 

Will be back on 2nd Jan to inspect the contents.

[MrHat]

Now home and indeed they do seem to have complied. I reckon they had the info all the time and were simply trying to frustrate things.

 

What should I do next?

[AndyOrch]

But is it all valid, you now need to scan and post up (less any identifiable data) lets see what we have.

 

Regards

 

Andy

[MrHat]

just phoned the court and there is a judges order in the post to me....................Apparently the judge has said something along the lines of - unless the claimant files the Terms&Conditions, breakdown of the balance incl 12 months of statements, and the termination notice by 29th December then the claim shall be considered struck out....................ANY COMMENTS CAGGERS?

 

I will take it in to the office tomorrow to scan minus the statements as there is too many to scan and post.

 

In relation to the order they have supplied:

 

1. Ts&Cs

2. Statements

3. A default notice, NOT Termination notice

 

What do you think of point 3? On the default notice that they have supplied it says 'On or after the date shown we shall by written notice teminate the agreement and require immediate payment of the outstanding balance on the account' yet they do not seem to be able to supply a copy of this.

 

Is this important?

[AndyOrch]

A DN can also double as a Termination Notice but not visa versa.Ill await your scans and also Mr H if you can type out verbatim the DJ order.

 

Regards

 

Andy

[MrHat]

Ok thanks Andy.

 

Here are the judges orders:

 

It is ordered that

 

1. Unless the Claimant do file and serve the following documents by 29th Secember 2011 the claim shall be treated as having been struck out -

 

(a) A copy of the original terms and conditions pertaining to the agreement between the Defendant and MBNA

 

(b) A breakdown as to how the outstanding claim has been arrived by suppliance of 12 months statement, leading up to 7th September 2007

 

© The termination notice

[MrHat]

attempting to attach what they deem as a termination notice

20120103091904181.pdf

[citizenB]

I have seen that type before.. I would say it cannot be a DN.. it doesnt have your name or address on it. Nor does it have the Registered office of the company.

[MrHat]

Citizen - I get your point but do you think the judge will accept that as compliant with the order as described in post #345?

....because if not then the claim is struck out?

[AndyOrch]

Recreated to service the DJ order, thats a DN asking for the full balance therefore is a TN, yet they state they will terminate shortly after that date.

How does the date compare to the actual breach of account?

 

Andy

[MrHat]

How do I find this out? Credit report to see when missed payments were?