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    • best to be sure it is a N279. not that they pull any underhand stunts of course   but we have seen it. your bal is now £0 but we'll still attend court as you'll probably not as we've said we've closed the account and we'll get a judgement by default. dx  
    • Sorry, last bit They had ticked that they wanted the application dealt with without a hearing, so is there any relevance that a date and time to attend said hearing has been sent out ?
    • I've not seen it personally but I think that's the letter Dad has had from Overdales. I'll see it tomorrow. It states balance: zero
    • Agreed as you clearly have little faith in your star runners, mind you - I have less - conditional on the welcher clause I defined being part, and that we are talking about the three defined candidates: Tice Farage and Anderson - not anyone anywhere as reform might (outside chance) get someone decent to run somewhere. If any of the three dont run - they count as a loss.   welcher clause. "If either of us loses and doesn't pay - we agree the site admin will change the welchers avatar permanently to a cows ass - specific cows ass avatar chosen by the winner - with veto by site on any too offensive - requiring another to be chosen  (or of course, DP likely allows you can delete your account and all your worthless posts to cheapskate chicken out and we'll just laugh) "
    • This is the full details, note they have made an error (1) in that paragraph 5 stated 14 days before hearing not 7. Surely a company of their size would proof read and shouldn't make basic errors like that 1) The Claimant respectfully applies for an extension of time to comply with paragraph 5 of the Order of Deputy District Judge XXX dated XX March 2024 i.e. the evidence upon which the parties intend to rely shall be filed and served not later than 7-days before the hearing. 2) The Claimant seeks a short extension of time allow them to further and properly investigate data provided to them by Royal Mail which is of importance to the proceedings and determination of the Claim. 3) The Claimant and Royal Mail have an information sharing agreement. Under the agreement, Royal Mail has provided data to the Claimant in respect of the matters forming the basis of these proceedings. The Claimant requires more time to consider this data and reconcile it against their own records. The Claimant may need to seek clarification and assurances from Royal Mail before they can be confident the data is correct and relevant to the proceedings i.e. available to be submitted as evidence. 4) The Claimant's witness is currently out of the office on annual leave and this was not relayed to DWF Law until after the event which has caused a further unfortunate delay. 5) The Court has directed parties to file and serve any evidence upon which they intend to rely not later than 14- days before the hearing i.e. by 4pm on 6 June 2024. Regrettably, the Claimant will have insufficient time to finalise their witness evidence and supporting exhibits as directed. We therefore respectfully apply to extend the time for filing/serving evidence so that the evidence upon which the parties intend to rely by filed and served not later than 7-days before the hearing i.e. by 4pm on 13 June 2024. 6) This application is a pre-emptive one for an extension of time made prior to the expiry of the deadline. In considering the application, the Court is required to exercise its broad case management powers and consider the overriding objective. 7) In circumstances where applications are made in time, the Court should be reticent to refuse reasonable applications for extensions of time which neither imperil hearing dates nor disrupt proceedings, pursuant to Hallam Estates v Baker [2014] EWCA Civ 661. 😎 It is respectfully submitted that the application is made pursuant to the provisions of CPR 3.1(2)(a) and in accordance with the overriding objective to ensure the parties are on an equal footing when presenting their cases to the Court. The requested extension of time does not put the hearing at risk and granting the Application will not be disruptive to the proceedings.   They have asked for extension Because 2) The Claimant requires additional time to consider and reconcile data received from Royal Mail which is relevant to these proceedings against their own data and records in order to submit detailed evidence in support of this Claim.
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MBNA Charges - refused


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Sorry Ford, I completely absorbed everything wrong lol. I assumed I would need to give them time to do something - I think I had it in my mind that this would eventually go to court before it was finished so thought this was just the next step

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Have a read around ...executing a judgment....then you can decide whats best.

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHER

 

Have we helped you ...?         Please Donate button to the Consumer Action Group - The National Consumer Service

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I sent a letter to MBNA along with a copy of the General Form of Judgment or Order asking them to forward payment immediately. I didn't send this registered as I'm not around when the post office is open, so I'm not surprised I haven't heard anything. (I will be re-sending recorded on Sat)

 

However, I need further advice please. Firstly, does anybody have an email address for MBNA Legal Department please? I have had a look but cant find one anywhere.

 

On MCOL claim history it says that my judgment has been issued - but says below Judgments entered against this claim None? Is this right?

 

Lastly how long do I have to wait before I can inform the court they haven't paid/responded?

 

Many thanks

Up2

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Judgment is forthwith so you can enforce immediately.

 

You don't write a letter to the Court, they won't care.

 

You need to pick your method of enforcement (bailiffs, charging order, bankruptcy, third party debt order etc) and complete the relevant forms and pay the appropriate fee.

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Judgment is forthwith so you can enforce immediately. Thanks Gany,I keep thinking I have to give them time. Andy has told me this before :oops: For some reason my head wasn't taking it in

 

You need to pick your method of enforcement (bailiffs, charging order, bankruptcy, third party debt order etc) and complete the relevant forms and pay the appropriate fee.

 

 

 

 

See post #127
I have had a look into this, am I right in thinking I cant use the High Court Enforcement Officer due to the nature of the claim and the Consumer Credit Act? If this is the case, I think a Warrant of Execution is the best way but as always any advice is welcome

 

Many thanks (and sorry for being thick)

Up2

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maybe CPR 40.11 applies? ie 'A party must comply with a judgment or order for the payment of an amount of money (including costs) within 14 days of the date of the judgment or order, unless –

(a) the judgment or order specifies a different date for compliance (including specifying payment by instalments);

(b) any of these Rules specifies a different date for compliance; or

© the court has stayed the proceedings or judgment...

.......

justice.gov.uk

 

you've asked for payment? if they don't pay up, consider enforcement of the judgment?

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Thanks Ford, and thanks Andy for replying to my pm.

 

I have been back onto MCOL to try and request a Warrant but although it shows this as an available option there is no link to click to access this? As the judgment was only issued 12 days ago is it possible that I won't be able to access this for another couple of days (due to the CPR Ford mentions?) Or should it be accessible now? In which case I'll call the court tomorrow for advice.

 

If anyone knows that'd be great

Many thanks

Up2

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maybe CPR 40.11 applies? ie 'A party must comply with a judgment or order for the payment of an amount of money (including costs) within 14 days of the date of the judgment or order, unless –

(a) the judgment or order specifies a different date for compliance (including specifying payment by instalments);

(b) any of these Rules specifies a different date for compliance; or

© the court has stayed the proceedings or judgment...

.......

justice.gov.uk

 

you've asked for payment? if they don't pay up, consider enforcement of the judgment?

 

 

 

The Order states "forthwith" so the above doesn't apply.

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The Order states "forthwith" so the above doesn't apply.

 

ok, cheers. so the 14 days doesn't apply due to the 'unless' ie the 'forthwith'?

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Thanks Gany,

 

So the option to request a warrant should be available to use on MCOL?

 

Up2

 

It should enable..try again this week.

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHER

 

Have we helped you ...?         Please Donate button to the Consumer Action Group - The National Consumer Service

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It should enable..try again this week.

 

I've tried again to request a warrant via MCOL and the link still isn't enabled so I have printed off form N323 and filled it in.

 

If I emailed this to the MCOL email address I sent the judgment request to would they simply call me to request a card payment or would they reject it? Or is mailing it with a postal order my only option?

 

I am going to call the court tomorrow to see if the request warrant link can be activated, but was just wondering about my options.

 

Many thanks

Up2

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Sorry me again!

 

Just had a thought. I have put MBNAs legal department address (Chester business Park, CH4 9FB) in section 3 of the warrant request - should this be MBNAs registered address which is Stansfield House, Chester Business Park, Chester CH4 9QQ. Clearly the same area but different post codes so possibly different buildings?

 

Cheers

Up2

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I would check with the Court first up2 its far more simplified if you can get them to do it and they will confirm the address.

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHER

 

Have we helped you ...?         Please Donate button to the Consumer Action Group - The National Consumer Service

If you want advice on your Topic please PM me a link to your thread

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Thanks Andy,

 

I called the court and she said there's no facility to request the warrant online and that it needs to be transferred to MBNAs local court( which she did there and then) and advised that I should send the form and fee there.

 

I hung up and did a bit of digging around and on the MOJs EX322 it said I should send it back to the court that issued the judgment and they send it - so I called them back and they explained that because it had gotten to DQ stage and their defence was struck out it couldn't be requested online and I have to send it by post, so I will be sending it to Wrexham CC, which is where they said was MBNAs local court.

 

I don't doubt what the court has advised, but was just wondering your thoughts please.

 

Many thanks

Up2

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Thanks Andy,

 

.......because it had gotten to DQ stage and their defence was struck out it couldn't be requested online .....

 

Many thanks

Up2

 

that seems correct, as a warrant for exe can only be available online (re a claim started mcol) where there has been judgment in default or re an admission (CPR pract direction 7e para 11.1, 11.2. see also to 12.2 inclusive re transfer. etc.)

if court has now formally transferred the matter to wrexham, then send it there?

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I have just got home and started to fill in the N323 again and I've realised I forgot to ask the court about what MBNA address to put on there (the registered address or the one I've been using for their legal department or something else)

 

If anyone knows I'd appreciate it.

 

Many thanks

Up2

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according to the info ex322, is the address you want the bailiffs to visit which can be different to the claim form address? but suppose maybe their head/registered office?

interesting, warrant of exe re a bank! nice one :)

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Yeh, I was expecting that too, that's why I need to make sure I am doing everything right so that they can't cut me dead for silly mistakes. I can't help but think they're just waiting for me to mess up and render everything invalid.

 

Maybe they thought I wouldn't take it this far as I have heard many people start these claims then give up at various points along the way. Not me, they put me through years of distress and mental torture, and I am determined to see this through to the bitter (sweet) end

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