MBNA Charges - refused

[up2meears]

Thanks again Andy,

 

I have now received the DQ from the Court and will be sending that off tomorrow with the relevant fee. I gather a hearing is the next step? unless MBNA agree to settle.

 

No doubt I will be back later on for more advice, but I will keep the thread updated as I go.

 

Thanks again for your advice, it really is appreciated.

 

Up2

[AndyOrch]

It may got to mediation first assuming you opt for that...which you should IMHO.

 

Regards

 

Andy

[up2meears]

Thanks Andy,

 

I forgot to ask what you thought about that! I left if blank until I'd asked and totally forgot

 

 

 

Up2

[AndyOrch]

You should always opt for its expected by the courts

[up2meears]

Evening all,

 

Just a quick update on this one. (and of course a bit more advice please)

 

I returned the DQ and fee to CCBC on 9th Dec and last Tues (17th) received a letter from MBNA dated the 11th to say that they had returned their DQ and an enclosed copy for me.

 

I have today received from the court a General Form of Judgment or Order.

On first inspection I thought they were saying that I hadn't returned the DQ and fee, and after a little frustration weep I read it again and it says:

 

Before the court officer....

 

The defendant, you have been sent notice N149A, B or C which specified the date by which you were required to return the DQ and pay any fee. You have failed to file the DQ and the fee.

 

It then says that they have 7 days to file it from 19th December and if it's not received their defence will be automatically thrown out.

 

So Phew!! panic over (for now) that it's not mine, but what can I expect next? Is this just a delaying tactic to get me nervous

 

If they don't file this by 26th December can I request Judgment? or will they be given more time due to the xmas period?

 

Many thanks and merry Christmas

 

Up2

 

p.s the last transaction shown on MCOL is the submission of their defence

[Guest]

if they don't comply, let it get auto struck out first. then yes, can apply for judgment with costs. cpr 3.5

but, looks like they have sent. maybe things have crossed. could expect some delay re court dealing, but not re receipt. could check with the court few days after.

haven't read whole thread so excuse if wide.

[up2meears]

Thanks Ford,

 

Kinda guessed that may be the case. Will wait to see what happens.

 

Up2

[up2meears]

Evening all and a very Happy New Year to you all

 

So, nothing else has been received from the court or MBNA, nor has MCOL status changed from the date they submitted their defence

 

What should I do? wait until I hear further from the court or should I be making a move on this? I'm not sure to what to expect next either way

 

Thoughts and advice gratefully received

Up2

[Guest]

did you check with the court? maybe still in their backlog?

Edited January 3, 2014 by Ford

[up2meears]

Hi Ford,

 

Thanks for looking in.

 

I'll give it til next week and then call the court if nothing else transpires

 

Cheers

Up2

[slick132]

I agree with Ford.

 

Make sure there's no Xmas back-log that's holding up the processing of any paperwork, then decide how to move this on.

 

[up2meears]

Hiya Slick

 

I think I misunderstood what Ford was saying, (not hard as I am shattered) I'll give the court a call tomorrow to check on their processing times and any backlogs.

 

Many thanks to you both

Up2

[AndyOrch]

You just need to check if they have submitted their DQ by the date stated and if not submit an application to strike out their defence......move fast whilst the irons hot don't give them chance to file late.

 

 

Regards

 

 

Andy

[Guest]

Hiya Slick

 

I think I misunderstood what Ford was saying, (not hard as I am shattered) I'll give the court a call tomorrow to check on their processing times and any backlogs.

 

Many thanks to you both

Up2

 

hi

as per slick and andy if they haven't complied in time then should get auto struck as per the order, but can expedite it

what did the court say?

[up2meears]

Morning all,

 

I have contacted the Court and

 

they have said that MBNA had until the 30th Dec and

 

the DQ has still not been submitted so

 

they are in the process of striking out their defence.

 

They have said that I need to complete and submit N225, which I am doing now.

 

In section D it asks about the interest.

 

Now as I made a booboo with the % on the interest since date of claim I may need some help with figures.

 

I am at work at the mo (so apologies if all text blocks together)

and do not have access to my stuff

so will have to check previous posts for exact dates etc.

 

Many thanks for any further advice

 

Up2

[AndyOrch]

Its the figure you claimed on your summons (N1) which included interest if any added + 8% sec69 up until judgment.

 

 

Regards

 

 

Andy

[Guest]

Morning all,

 

I have contacted the Court and

 

they have said that MBNA had until the 30th Dec and

 

the DQ has still not been submitted so

 

they are in the process of striking out their defence.

 

..

Up2

 

 

sounds good

[slick132]

Hi Up2,

 

On the N1, you incorrectly claimed s.69 Stat'y Int't at 24.9%.

 

On the N225, claim the correct amount of Stat'y Int't using simple 8%.

 

Use the total claimed of charges and Restitutionary Int't x 0.00022 to get the 8% daily rate, then multiply that amount by the number of days from the N1 date to the N255 submission date.

 

Edited January 6, 2014 by slick132

[up2meears]

Thanks for looking in everyone, much appreciated

 

So, Section A - The Defendant has not filed an admission or defence to my claim - Do I tick this box?

 

section D..... I've ticked the box immediately, I've worked out the stat interest using slicks method (thanks Slick) as 71 days since date of issue at 8% is £66.98. - Court fees shown on claim is £100 (do I add the £40 DQ fee to this?) No rep costs, none to deduct as nothing yet paid by MBNA.

 

And lastly, once it is all signed, dated and ready to go will I be able to email this? or does it have to be a hard copy - obviously email is quicker. And I am assuming there is no fee to accompany this as I can not see reference to one.

 

Many thanks guys, one way or another I feel like I'm getting there

 

Up2

[slick132]

Hi Up2,

 

Having looked at the form, I'm not sure this is the right one, so I'll ask Andyorch to comment first.

 

Then we can deal with any other queries.

 

[up2meears]

Right-e-o Slick

 

Many thanks

[AndyOrch]

N225 is for a Claimant not defendant....if the court is striking out of their own motion then you the defendant need not submit anything.

If the court is only considering SO or as you state in the process then you make application using the N244.

 

 

 

Andy

[up2meears]

N225 is for a Claimant not defendant.... if the court is striking out of their own motion then you the defendant need not submit anything.

 

 

Andy

 

Hi Andy,

 

Excuse me sounding thick but I am totally confused.

 

I am the claimant asking for a judgement order due to no service of the DQ by the defendant?

 

If I need to submit N244 instead of N225 I will need some help as I do not understand (even after reading the notes) most of the questions. Will I need to write a statement or would I just be relying on my POC?

 

Also, am I right in thinking the fee for this £80?

 

Many thanks

Up2

[AndyOrch]

Apologies ..so you are..... then yes its the correct form (in theory) but they have submitted a defence and not made any admittance and its not a default judgment.

 

 

The court should strike out using CPR 3 and there should be no need for you to submit anything. Fill it in anyway and just request judgment.

 

 

Sorry for the confusion..so use to defence procedures

[up2meears]

Thanks for clearing that up Andy,

 

So although the lady at court said they were in process of striking out, I do not in fact need to fill in the form she said? would it speed things up if I did fill in and submit the N225?

 

Sorry I know it's getting late but I wont be able to sleep if I don't get this straight in my head

 

Thanks