MBNA - reclaiming charges older than 6 years

[Shelley181146]

Hi Madge,

 

I have been looking around the MBNA claims also as I am preparing to do similar to what you have done here.

 

I have had a read through your thread and think when you have a quiet moment or two (lol), sit down with a highlighter pen and go through their defence, paragraph by paragraph to make notes as to how you intend to explain your points in your claim.

If this gets into court, it is your responsibility to convince the judge on the day as to why he/she should judge in your favour.

Stay positive and keep us posted please

 

Shelley (aka, BC Slayer)

[Madge67]

Hi Shelley (aka the lion tamer) lol

 

Brilliant advice and i will def make some time to do as you suggested (quiet time though...ha ha ha ha ha ha ha ha you are so funny) . Im so damned nervous about this, it is totally the unkown an if it were a Barclays claim I think i would feel a bit more confident but the fact I havent found an MBNA court case makes me sweat a bit. What if I lose??? Oh god!!!

 

Yes of course i will be hear every step of the way.

 

ooooh is there any advice on completing the AQ, DD and Bundle please, Im having trouble finding this as well and the AQ arrived today as well whcih has to be returned by 03/09 - Gues what ill be dong Bank Holiday weekend DOH!!

 

Madge

[slick132]

AQ Guide here for you Madge - http://www.consumeractiongroup.co.uk/forum/content.php?565-Allocation-Questionnaires-A-guide-to-completion

 

[Madge67]

Slick - this is just perfect...thank you so much you little star

 

Madge

[Shelley181146]

Hi Madge,

 

Slick has just pipped me to the post - I have been looking around the forum for this for you, but at least you have got it now.

I found this document really useful.

 

Shelley

[Madge67]

Thank you so much as well Shelley - you guys are brilliant, you really are.

 

Getting it done now as we speak - i'll pop back if I get stuck on anything

 

XXXX

[Madge67]

All done - that was really easy using the link and the advice on here. I'll be sending it recorded delivery tomorrow. So I assume now I really need to start collating my bundle and this is the bit that REALLY worries me. DOH!!!

Oh well, what doesnt kill us makes us stronger eh!

[slick132]

The Court Bundle is a largish gathering of info so preparing it in advance is a must.

 

If you cannot access the bundle via The Library, let me know and I'll send it to you as a Word Doc't.

 

[Madge67]

Thanks Shelley

 

Guys, do I have to send MBNA a copy of the AQ and Draft Directions as well?

 

Madge

[slick132]

Hi Madge,

 

Yes. It is good etiquette to do so, although don't expect the same of the bank's sol'rs !

 

[Guest alan703]

Hi Madge -

 

Which POC did you use (Shelley's?) could you provide a link for a novice?

 

I have sent a LBA giving 14 days. On day 11 I received a letter that they were giving themselves 28 days.

 

Friday is Day 14 and I intend to launch a claim via Money Claim Online.

 

I'm not up to speed with POC, AQ etc

 

Any step by step advice?

[Ricardino]

Hi Madge,

Been to court with MBNA and wish you the best of luck.

 

Mine was a PPI set off but included all the charges (overlimit and late fees) dating back to 1998,

which they agreed to but I think only to show good favour with the court.

 

This meant they could argue the contractual interest on the PPI

but the DJ wasn't having it,

mainly because I prepped a 600 page bundle in response to their 300 pages.

 

They usually send a local barrister

so I would focus on the fact that they have already paid you some compensation and therefore admitted liabilty.

 

With the bundle, make it chronological and chaptered and know it.

Little coloured tabs with a key to notes really do help you find points you need to argue.

 

Anything else I can help with please ask.

[Madge67]

Hi Alan,

 

I wish you all the best with your claim. Yes i did use Shelleys as a template and made sure I changed the things that were necessary.

Here is Shelley's link http://www.consumeractiongroup.co.uk/forum/showthread.php?309037-Charges-older-than-6-years-***WON***-Compound-Int-t-and-**NO-SET-OFF**

You will find her POC's on here and the thread is a really good read and so helpful.

 

The only advice i can give really is to read as much as you can on hear and ask away, someone will always come along and help you on your way. Im still a novice too and really nervous about going to court but I have to stick to my guns and do what i beleive in.

 

Sorry I cant be any more specific than that but all the advice really is within my thread I suppose

 

Good luck

[Madge67]

OMG Rocardino, nice to hear from you and thank you do much for your story and for the advice. I REALLY do appreciate it and yes Im sure i will be nagging you for advice as the time gets nearer

 

As far as my claim goes, MBNA have kindly sent a copy of their AQ and in section G (Other information) this is what they have stated 'The Defendant avers that the Claimant's claim is statute barred pursuant to the limitation action 1980 and therefore invites the court to strike out the claim in accordance with the powers it affords under CPR 3.4(2) (a) and (b).

 

Im assuming this is what they are relying on.

[Guest alan703]

Thanks,

 

They have tried to use ye limitations act against me in their normal correspondence. Yet, they have paid a ppi claim that covers the same period 1998-2004

[Madge67]

They make you laugh dont they. I just hope section 32 does the trick for me as thats what i'll be relying on in court. That and the fact that they have already paid some out and therefore that they are unfair (although they maintain they are just 'goodwill' payments to try and wriggle out of liability).Madge

[Shelley181146]

They make you laugh dont they. I just hope section 32 does the trick for me as thats what i'll be relying on in court. That and the fact that they have already paid some out and therefore that they are unfair (although they maintain they arek just 'goodwill' payments to try and wriggle out of liability).Madge

Hi Madge,

Please, please do get ur head around the LA because although I have won Barclays and Citi claims but Capital one defended on LA 1980 and I lost my case. But 2 out of 3 claims isn't bad and I am now with another Citi claim.

Stay positive but read up on LA as best you can.

Shelley

[Madge67]

Hi Shelley

 

Yes of course mate, Ill make sure I swat up on it all. I hope I didnt come across as blaze about it all, that's so not how I feel at all. It's mad how some cases will lose on LA and some won't, why is this???

Or am I asking the impossible here. Is it just the judge on the day or that their barristers are just sh!t hot? Gosh I wish I had a head for all the legal jargon.

 

Madge

[Madge67]

Okay something has just sprung to mind. If my account was only sold on to whoever last year and I was making payments to the account before then in 2011, surely they cant claim that it is Statute Barred...surely.

 

Can somebody enlighten me please?

[slick132]

HI Madge,

 

I assume what they're saying is that penalty charges older than 6 years cannot be reclaimed due to the Limitation Act 1980 which normally prevents you from claiming sums older than 6 years.

 

And your response is that s.32 1© applies because you paid the charges in error or mistakenly. Case law is Kleinwort Benson v Lincoln City Council.

 

[Madge67]

Hi Guys,

 

Just an update really - I have received the date for the hearing which is 20 Dec 2012. Lovely - just in time for xmas eh? Seriously the judge has stated on the letter that 'a Preliminary Hearing is required to enable the court to consider the directions which need to be made in this case because it may be possible to dispose of this claim at such a hearing. It appears from the papers that the claimant has not real prospect of success at a final hearing' - WHAT THE........???? I am guessing there is no real point in going on with this. I cant tell you how peed off I am.

 

Guys is it really worth me carrying on? and what happens if I just say 'forget it' - right now I have so many other things to worry about I doint feel like I have the additional strength to see this through knowing it doesnt look good. I feel so strongly that they should pay charges older than 6 years - grrrrrr

[Guest alan703]

Hi Guys,

 

Just an update really - I have received the date for the hearing which is 20 Dec 2012. Lovely - just in time for xmas eh? Seriously the judge has stated on the letter that 'a Preliminary Hearing is required to enable the court to consider the directions which need to be made in this case because it may be possible to dispose of this claim at such a hearing. It appears from the papers that the claimant has not real prospect of success at a final hearing' - WHAT THE........???? I am guessing there is no real point in going on with this. I cant tell you how peed off I am.

 

Guys is it really worth me carrying on? and what happens if I just say 'forget it' - right now I have so many other things to worry about I doint feel like I have the additional strength to see this through knowing it doesnt look good. I feel so strongly that they should pay charges older than 6 years - grrrrrr

 

I've just had my first hearing about my HBOS claim, another has been set for 19th November to decide if I can continue with my claim.

 

Scots law should prevail, as the 5 years starts from when I could reasonable have become aware

 

I have just written my argument, quoting various aspects of the OFT FOS and the UTCCR's

 

I may be in a similar situation as you with another claim though - as MCOL transferred my MBNA claim to MBNA's court - their guidance led me to believe it would be transferred to my local court. It did not say that they could not transfer jurisdiction.

 

Don't give up - find a good legal reason to continue. If you succeed, you can guide me

[Madge67]

Alan

I know I should continue the fight but it was just the judge stating the claimant has little chance of success that has really put me off. Can I ask what happened during your first hearing, was this hearing for the same sort of reasons as they are stating mine is do you think.

 

Madge

[Madge67]

Anyone else have any thoughts or experiences of this please?

 

X

[ken100464]

Madge67.

 

I really dont want to go against the CAG line but do believe many websites advocating this action are doing so for historic reasons.

 

The 6 years since the £12 charges came in passed this summer. This gives them something to fight over. Before claims would have been littered with larger penalties which are much harder to defend. You now have to argue the older charges are part of the claim first then argue if they are fair or not.

 

More experienced people would have been on this boat years ago and will have had success. Good for them but their experiences relate to a different time.

 

Now we are left with an account with £12 charges within the last 6 years. This is not the same as an account with £25 or £30 charges that occurred within the last 6 years.

 

 

I am starting to see it on here but other websites are telling the likes of you and me get reclaiming its easy money.

 

What they should be saying is you will be going to court the bank will defend and unless you have a good understanding of it all then you wont end up with a few hundred quid back but be left in the brown and smelly. Yes there are still some success but you will see they are really starting to get few and far between.

 

A few templates wont get you anywhere now its a waste of time. On other matters I have SAR'd my creditors. The coms logs on reclaims are interesting. They follow a template path in reply to our template path. They dont even check now. In one coms log they even waited a number of days before replying just to make it look like they were going into it. It was a cynical delay in reply.

 

So we issue a claim. Then what? They defend just as you should have been told from day one. Then its up to you to argue your case and hope the judge lottery is kind.

 

I have tried this with 8 creditors since the summer. Everyone has told me to get lost. I am in the position of do I dont I issue a claim. But I could have been in that position 6 months ago if I knew I was wasting my time.

 

From the small amount I know and reading on consumer forums things have changed. The success has dropped away but newbies are being advised that it is easy. But what I am seeing is threads where the newbie has obviously got out of their depth and the thread dies. You know someone somewhere has made a horrible horrible mistake on this.

 

Perhaps not what you or CAG wish to hear but this is my thoughts and experiences.