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

[AndyOrch]

Hi Andy -

 

In my N244 draft 'draft order' can I add this?:

 

 

I respectfully request the Court permission pursuant to CPR 15.5 a 28-day extension to 4pm 11th October 2011 (extended from 13th September) granted for the defendant to file a defence in light of claimants failure to reply to CPR 31.14 and CPR 18 requests and subsequent refusal to agree to a CPR 15.5 extension upon request.

I would also ask the Court to consider the Claimants costs for this refusal.

Then I would also make a brief reference to it in box 4 on the N244 form too?

Otherwise it will be similar to the one on the thread you told me to read...

Does that read ok?

 

 

Andy

[MrHat]

I would also ask the Court to consider the Claimants costs for this refusal.

Do you mean "Claimant's" (their) or "defendants" (mine)?

[AndyOrch]

Claimants any refusal to be civil or uncooperative or refuse mediation affects (reduces) their costs ( should they win)

Edited September 6, 2011 by Andyorch

[MrHat]

got it!

[MrHat]

Right, I have what seems like an acceptable agreement to a 28 day extension from the claimant (by e-mail). I will print and send this to the court and see if they accept

[BRIGADIER2JCS]

Good luck!!!

[MrHat]

Right - I faxed over a letter saying that the claimant has agreed to an extra 28 days together with a print out of the e-mail. I then called to see if they received and they hadn't logged it (perhaps I was being a little hasty as I only waited 30 mins). I took the oppotunity to ask the court lady if my new defence due date would be amended to 11 Oct and she said "no, the only way you can get a 28 day extension is by doing a N244". "The due date will remain as 13 sept on the system but as the claimant has agreed for the extension, it should be fine". all sounds a bit vague to me. Is this normal?

[MrHat]

Right home now.

 

If I have:

 

1. Got e-mailed agreement from Claimant for 28 day extension to the 11th October

2. Faxed this with a covering letter to the court with claim number referenced

3. The court confirms to me tomorrow (on thew phone) that they have received my fax and logged it on the system

 

Is that enough for me not to worry about the original deadline of next Tuesday?

 

Hopefully that is all I need to ask tonight and for a while!

[MrHat]

Right - I spoke to the court again this morning and they have confirmed that they have received my fax and logged it on the system. Defence due date is showing as 11th October now. Very happy with this as am away from tomorrow to monday and would have left myself one day to sort things out (next Tues). Thanks for you help so far everyone, don't know what I would have done f I hadn't dound this site. I feel in control of things rather than completely overwhelmed!

[MrHat]

For those that are following - my SAR response from MBNA is due by Fri 16th so in theory, I will have details of the charges on the account in time for my defence submission. However, I don't expect they will comply fully or at all but at least I can take action if they don't.

[AndyOrch]

 

Regards

 

Andy

[MrHat]

One thing that Arrow said re my CPR 18 reqest - "MBNA wouldn't have details of all transactions and charges as it is your responsibility to keep a record of all your statements". I have now asked for these via CPR 18 and a SAR sent out 4 weeks ago (prior to the claim being issued).

[AndyOrch]

As it is their responsibility to account for everything, particularly if they consider mounting a claim.

Apologies Mr DJ we don't keep records perhaps you could ask the defendant to justify our claim, its hes responsibility to maintain our files.

 

Andy

[MrHat]

Well my CPR 15.5 request (in light of failure to reply to CPR 31.14) worked. Next is to fire off reminders for CPR 18 and also MBNA SAR. Just want to make sure that it is obvious that I have done everything I can to get docs I need to defend. If no Docs by 2 weeks before 11th Oct, I will go with the N244 approach

[MrHat]

Hello,

 

Just back from a weekend away and have the day off today. Thought I'd plan my next few steps (thinly veiled 'calling Andy' post).

 

CPR 31.14 is now over a week late and CPR 18 is a day late - those were both sent directly to the claimant as instructed on claim form and have been received at their end. MBNA (OC) SAR is due by Friday and have heard nothing. Defence now needs to be in by 11th October (28 days from now) as an extension was agreed and filed with the Court.

 

Claimant (Arrow/Wikin Chapman) said that the would need up to 6 weeks to reply to CPR 31.14 which will take us beyond 11th October if they take the full 6 weeks. They also told me (on the phone which I recorded) that they can't help with my CPR 18 request as MBNA do not keep a history of transactions on my account and that it is my responsibility to keep all old statements.

 

Should I send off the following this week:

 

1. Reminder for CPR 31.14 - if so, how do I play this? What deadline do I give? Was thinking 27th September (14 days from defence submission deadline) then a N244 submitted if I don't receive

2. Reminder for CPR 18 - Same deadline? How do I refute their claim that MBNA cannot give me a list of transactions and charges? Any good threads for reference?

3. MBNA SAR reminder - think I can find a template for this. And should I complain about them if no response by 40 day mark (this Friday)?

 

1 and 2 could go off today. Not sure about 3.

 

How would you play this?

[BRIGADIER2JCS]

I would say send the reminder with

a 7 day time limit, and use RD.

[MrHat]

for all 3 Brig?

[BRIGADIER2JCS]

Yes might as well cover all the bases IMHO.

 

Brig.

[MrHat]

Hi all,

 

UPDATE!!!!

 

Just received SAR response directly from MBNA (oc) on day 40. It only covers from 2004 (a/c opened in 1999) but the charges alone (without interest) amount to £1275

 

So it seems that the entire balance is indeed made up of charges

[BRIGADIER2JCS]

OH GOOD:madgrin:

 

Brig.

[MrHat]

Quick question before I do the spreadsheet.

 

Most payments are 'overlimit' and 'late' fees but a few (not v significant of the £1275) are 'returned payment fees' ranging from £12 - £25. Can I iunclude the latter in my reclaim of should I leave these out?

[AndyOrch]

Put them all in Mr H, thought they didn't keep history or statements:lol:.

 

Regards

 

Andy

[MrHat]

that's what Arrow/Wilkin Chapman said Andy. This is direct SAR response from MBNA submitted before the claim form was issued

[AndyOrch]

Well we know their Masters do and as they are acting for them they were obviously frustrating your case.

[MrHat]

Right - I have entered all charges on to the spreadsheet that IMS posted on here. HERE ARE THE RESULTS

 

TOTAL OF CHARGES £ 1,300 TOTAL COMPOUND INTEREST £ 3,300TOTAL CLAIM £ 4,600

 

Before Jul 06, all charges were £25 and totalled £900 (£3519 with compounded interest at 24.95%), then they went down to £12 pewr charge (I presume because of the OFT guidelines than came out back then) - which makes up the rest of the balance.

 

What now folks?

Edited September 17, 2011 by MrHat
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