Old MBNA Card + LINK + County Court Action - Your advise please ** Set a Side/now defence**

[highwaytohell]

Many thanks Mike 770,

 

I do have another question relating to my Bank Current Account. Been with HSBC some 25yrs now, never had an issue with them, although I have had Bank loans through them which DEFINATELY had PPI on them.

 

I am undecided whether to rock the boat or not, I dont want to put myself in a position where the bank closes my account due to me claiming back the many PPI payments I have made.

 

Anybody know on General tems how HSBC react ?

 

Thanks

 

HTH

[Old Cogger]

Many thanks Mike 770,

 

I do have another question relating to my Bank Current Account. Been with HSBC some 25yrs now, never had an issue with them, although I have had Bank loans through them which DEFINATELY had PPI on them.

 

I am undecided whether to rock the boat or not, I dont want to put myself in a position where the bank closes my account due to me claiming back the many PPI payments I have made.

 

Anybody know on General tems how HSBC react ?

 

Thanks

 

HTH

 

I found if you put a good case to HSBC why PPI mis-sold they were quite quick to respond and offer was made, so important that your reasons are genuine i.e. events happened (provable), and that you are not using one of these claims companies (HSBC sit on the fence if you do I found i.e. I cancelled claims company after getting no -where, Then HSBC moved and made a offer of all PPI + interest).

 

The claim has not made any notible difference with the relationship with them in my case.

[AndyOrch]

Hi HTH

 

Why was it transfered to Cardiff ? Have you received any other paperwork from Cardiff with directions.Perhaps a short synopsis of were you are with this

and time line and events.Looks like they have got Judgment by default did you miss a date? submit a defence?

 

Andy

[highwaytohell]

Hi Andy,

 

Dont know what the hell went on. Monday got a notification from Northampton Bulk Centre to say that it had been transferred to Cardiff CC. Then literally an hour a go postie dropped the notification through from Cardiff to say judgement to Link.

 

Not had any communication from either Northampton or Cardiff.

 

Where we/i were at:

 

7 Oct 2011 - MCOL submitted and acknowledged.

7 Oct 2011 - CPR 31.14 submitted and was received on 11th Oct 2011

10 Oct 2011 - Part 18 sent off recorded delivery - Delivered on 11th Oct 2011

25 Oct 2011 - Email from Link agreeing to 28 day extension

31 Oct 2011 - Letter to Link stating they had not sent Copy of orginal T&C's and Copy of Original agreement

03 Dec 2011 - Photocopy of T&C and Agreement..... T&C are NOT copy of original.

12 Dec 2011 - Letter from Northampton Bulk Centre to state transferred to Cardiff

13 Dec 2011 - Letter from Cardiff CC stating judgement awarded.

 

I have NOT heard anything from either Northampton or Cardiff relating to a hearing or a date. It was only yesterday I was asking for advice on how to get this transferred to my local court where I can fight my corner.

 

Really gutted and down now - As the Massive hike they added for interest, where you advised they could'nt, has been added......Dont get me wrong I dont have an issue with any advice from the forum, thats been fantastic, its those so and so's at Link......really fuming now.

 

So whats my options now ??

 

HTH

 

HTH

[AndyOrch]

Hi Andy,

 

Dont know what the hell went on. Monday got a notification from Northampton Bulk Centre to say that it had been transferred to Cardiff CC. Then literally an hour a go postie dropped the notification through from Cardiff to say judgement to Link.

 

Not had any communication from either Northampton or Cardiff.

 

Where we/i were at:

 

7 Oct 2011 - MCOL submitted and acknowledged.

7 Oct 2011 - CPR 31.14 submitted and was received on 11th Oct 2011

10 Oct 2011 - Part 18 sent off recorded delivery - Delivered on 11th Oct 2011

25 Oct 2011 - Email from Link agreeing to 28 day extension

31 Oct 2011 - Letter to Link stating they had not sent Copy of orginal T&C's and Copy of Original agreement

03 Dec 2011 - Photocopy of T&C and Agreement..... T&C are NOT copy of original.

12 Dec 2011 - Letter from Northampton Bulk Centre to state transferred to Cardiff

13 Dec 2011 - Letter from Cardiff CC stating judgement awarded.

 

I have NOT heard anything from either Northampton or Cardiff relating to a hearing or a date. It was only yesterday I was asking for advice on how to get this transferred to my local court where I can fight my corner.

 

Really gutted and down now - As the Massive hike they added for interest, where you advised they could'nt, has been added......Dont get me wrong I dont have an issue with any advice from the forum, thats been fantastic, its those so and so's at Link......really fuming now.

 

So whats my options now ??

 

HTH

 

HTH

 

 

You have missed your defence date the claim as to be transferred out of CCBC to the Claimants Court to enable judgment by default.I assume its a forthwith judgment

and therefore you now need to make a variation on payment arrangements via the N245.Include a I&E and an offer of monthly payment (including that first payment)

If the offer is accepted no further enforcement should be taken. If not they may well apply for a ICO to secure the debt.

Sorry HTH I cant be more positive but you really need to keep your eye on the dates when a summons is issued.

 

Regards

 

Andy

[highwaytohell]

Even though they have added a stupid amount of interest which they should'nt of done ???

 

Apart from the N245 is there totally nothing can be done to argue the amount of judgement....I know its partially down to me and my ignorance of the process.

 

Whats ICO ??

 

Thanks

[cat10]

Post 42 The statement from link wants editing or deleting as i can see the details of account number,name etc.

[AndyOrch]

Even though they have added a stupid amount of interest which they should'nt of done ??? You could consider a possible set a side on that reason, and the fact that you was working away from home, whether it would be considered is another matter.

Apart from the N245 is there totally nothing can be done to argue the amount of judgement....I know its partially down to me and my ignorance of the process.

 

Whats ICO ?? Interim Charging Order

Thanks

 

Andy

[highwaytohell]

I was working away from home, and can prove if necessary, stupid 18hr days trying to keep a job. So what would be involved with a "Set aside"..... What does it entail ? and whats the process (sorry for all the questions).

 

Could you delete the attachement in post 42, wont let me edit.....was sure I had got rid of all the details.

 

 

Thanks

 

HTH

[AndyOrch]

I was working away from home, and can prove if necessary, stupid 18hr days trying to keep a job. So what would be involved with a "Set aside"..... What does it entail ? Further Cost of an application £80 N244 and whats the process (sorry for all the questions). Plenty on here (search set a side) re the process

Could you delete the attachement in post 42, wont let me edit.....was sure I had got rid of all the details. I have informed the Site Team

 

 

Thanks

 

HTH

 

 

Andy

[highwaytohell]

Thanks Andy, your efforts really are appreciated. Just been reading about contacting the court for an N244. If I submit this will it automatically get moved to my local area for hearing ? - How do these Judges (dont know if thats the correct term) view these things ?

 

Part of my arguement would also be that I am currently going through PPI process with MBNA on the Credit Card and a Loan agreement held by them, and that is a large part of the outstanding amount. There is another issue which I will PM you about, as its sensative.

 

And final question (Promise) can I assume that whether or not they agree to set aside, you loose your £80 ?

[AndyOrch]

Thanks Andy, your efforts really are appreciated. Just been reading about contacting the court for an N244. If I submit this will it automatically get moved to my local area for hearing ? Yes- How do these Judges (dont know if thats the correct term) view these things ? Research throughly before application make sure you have grounds before further cost.

Part of my arguement would also be that I am currently going through PPI process with MBNA on the Credit Card and a Loan agreement held by them, and that is a large part of the outstanding amount. That is separate to this claim and as such should not be used to try to counter There is another issue which I will PM you about, as its sensative.

 

And final question (Promise) can I assume that whether or not they agree to set aside, you loose your £80 ?

Unfortunately

 

Andy

[highwaytohell]

Well its been some time since any real activity. To bring everyone up to speed, here is where I am, and now asking kindly for advice/help:

 

 

• Link Financial Applied for a charging order on our property
  
• I submitted documents to the court to ask for the hearing date and location to be changed. (I paid)
  
• Hearing was changed to my local County Court.
  
• Hearing date set for 30th May 2012
  

 

The local CC made a major screw up, in that documents were sent to me advising me of the new court date; 30th May 2012. Then 2 weeks ago, we received a letter from the court, stating that in my absence the judge had awarded to "Link Financial" and added another £2k interest.

Spoke to the court, they admitted straight away they screwed up and assured me they would get it revoked on the following working day, which they did.

Only thing now is that I hope the judge does'nt feel miffed with me when I do appear.

 

 

So, I have a bundle of docs to take with me, and the crux of my argument will be that:

1. I believe the sum Link are going for it wholy incorrect, as there is a large sum within that amount that I am reclaiming on PPI

2. Link are claiming Interest on the outstanding amount, I have never had an agreement with Link, or given them anthing to say that I accept they have

taken over the debt, so how can they get interest.

3. Interest being charged after the date Link gave me a letter (attached) stating they were not going to charge interest.

 

I am sure there are other reasons I can present to him, but to be honest my head is so screwed with this, and the lack of sleep through worry is not helping.

 

Would really appreciate some advice on this, and maybe information from others who were in the same position on how it went for them.

 

Many thanks

 

 

HTH

Link documents 27 Sept 2011 Blanked.pdf

[AndyOrch]

Hi HWTH

 

I have unapproved your attachment as the case number and accounts numbers were showing on the summons.

 

Back to your claim did you make application to set a side ? Your last post being 13th December 2011 does not allow continuity, difficult to advise.

 

Regards

 

Andy

[highwaytohell]

Very sorry about that......My head seems to be somewhere else at the moment.

 

After I received their court document and mis-calculated when I had to have my responses in by, I submitted the "N244" (attached). This was then transferred to my Local court, for a date in March, but due to other commitments and by the agreement of Link, this was then reassigned to the 30th May 2012.

 

I have attached the previous document (duly corrected) and a copy of the N244. Many thanks for the speedy response.

 

HTH

Link Doc.pdf

N244.pdf

[AndyOrch]

Ok so you have an hearing for your set a side to be considered on the reasoning supplied in your N244 on the 30th May 2012.

 

I would simply create a skeleton Argument of the points to be considered, the DJ may only want to consider the points for set a side at this stage and then request a full defence be submitted within 28 days. Have you had any further guidance or Orders on preparation?

 

Regards

 

Andy

[highwaytohell]

So may not be as dramatic as my imagination would like me to think "Courts - Judges" conjur up some bad dreams.

 

Okay I will start getting my act and documents together.

 

I have not had any further guidance on preparation, so any advice/assistance would be very much welcome at this stage.

 

HTH

[AndyOrch]

So may not be as dramatic as my imagination would like me to think "Courts - Judges" conjur up some bad dreams.

 

No wigs or gowns a room with table and chairs the DJ you and the Claimant (if they show) probably held in his/her chambers.

[highwaytohell]

You dont know how happier that makes me .... I am just going to have to stop watching these Court Room drama progs on TV.......... Gallows would of been the next thought

 

Stupid question, and I ask because I know how some people get very tetchy about "titles". How do you address the DJ ?

[AndyOrch]

Sir or Madam:wink:

[highwaytohell]

Dont you just love simplicity Gonna have to stop watching them repeats of "Judge John Deed"

[AndyOrch]

HWTH if you go to your local CC and wander around get a feel of the place.

[highwaytohell]

I am going to try and get up there later this week, just so that its all a little familiar on the day.

 

So any advice on how best to prepare for this "meeting with the DJ". I had planned to do myself some notes in bullet point format, giving what I think is my arguments in the points I submitted.

 

I am concious that the 30 mins or so they allocate, I cannot afford to waffle, so need to make sure everything is relevant and valid.

 

Is there anything I can use to my advantage to argue against the massive amount of interest Link have pilied on, and additional charges they make ?

 

Thanks

[AndyOrch]

The basis of the hearing is (or can be ) 2 fold to determine your application to set a side, so prep on the reasons for that first and then as stated he/she may touch on your proposed defence should he/she allow the set a side.You have to have a reasonable defence as this effects the decision to set a side, but approach it in the two stances I have outlined.

 

Andy

[highwaytohell]

Thanks Andy,

I will follow that guidance, will also do some research on forms and our friend "Google" to see if I can come up with anything to help with the defence and to make it as strong as possible.

 

HTH