MBNA Charges - refused

[up2meears]

from what i see, you've done things all by the book

and i'll help all that i can

 

Thanks Ford.

 

You, Andy and everyone who has advised thus far have got me this far and I now see a light at the end of the dark and dingy cave MBNA have had me trapped in for years

 

Up2

[AndyOrch]

Correct the on line only appears after judgment...apologies up2....anyway you seem to have this sorted now so get em!!!

 

Regards

 

Andy

[up2meears]

Thanks Andy,

 

N323 & fee sent today by special delivery.

 

Watch this space!!

 

Up2

[up2meears]

Just thought I'd update you on this.

 

Sent the N323 and fee to Wrexham as it was transferred there.

 

Called them today as I have not heard anything further and

 

have been told it has been transferred to Chester

 

I queried this with the lady that transferred it,

I thought Wrexham seemed a bit wrong.

 

Called Chester and they said that they are waiting for the file from Northampton?

 

But that I should call back at the end of the week if I haven't heard anything by then.

 

I'm just worried that the postal order is going to awry and the N323 come back.

 

Still, hopefully wont be much longer til this is done and dusted

 

Up2

[up2meears]

S.O.S, Help needed please.

 

I have heard from Wrexham County Court and I'm not sure what I need to do next.

 

I have received a 'Notice of Transfer of Proceedings'

 

To all parties,

 

This claim has been transferred to Chester County Court for that Court to deal with the defendant's application for set-aside judgment.

This case has been transferred to Chester as being the Defendant's most local court.

That court will send you and the other parties notice of the time, date and place of hearing

 

As I am an individual shouldn't this have been transferred to my local court?

What do I do to get this sent to my court?

Why didn't Wrexham tell me this yesterday when I called .

What's happened to my N323 and my £100 fee?

 

I am also assuming I need to start preparing my case?

I will need help with this please if this is the case

 

Many thanks

Up2

[Guest]

looks like, as warrant is re their hq in chester? maybe court has, under CPR 30.2 etc (30.3) re enforcement of a judgment, transferred it to chester?

it should all get tied up.

did you get notice?

[up2meears]

Hi Ford,

 

Get notice? sorry, not sure what you mean. All I've received is what I mentioned in post 155.

 

This set aside wasn't mentioned by either Wrexham or Chester when I called.

 

Up2

[Guest]

soz, didn't see that post.

looks like they have applied to set aside then.

what was their address for service? note pract direction 7E para 12.2 and rule 13.4

[Guest]

note also my post #117 if applicable. when did they apply for set aside? within the required 14 days?

[up2meears]

I don't know what their address for service was? Where would this info be?

 

What I need to know is what I need to do to get this transferred to my local court

as MBNA is a business and any hearings should get sent to my court shouldn't they?

Or do I not have to go to a set aside hearing?

 

I obviously want to because MBNA have made my life hell and I am not prepared to let this lie.

 

Also,

why did both courts not mention this to me when I called?

 

My query to both was to find out where the N323 and fee was.

 

If this has been applied to be set aside would they still process my warrant request?

 

Bit naughty if they do as it's unnecessary cost to myself.

 

If they don't then where are the form and fee?

 

Ggggggrrrrrrrrrrr I am so confused

 

Up2

[up2meears]

note also my post #117 if applicable. when did they apply for set aside? within the required 14 days?

 

 

Judgment was 14th Jan, Notice of proceedings 11th Feb

[Guest]

looks like things may have crossed.

 

maybe your warrant is still going ahead despite their app'n to set aside.

 

re a set aside app'n usually therein any current enforcement is requested to cease/hold subject to.

if enforcement goes ahead and bailiffs turn up they'll prob excuse as is before court re set aside?

 

note the rules i mentioned re where it would go re defendant not an individual. seems maybe the 'preferred' court? ie theirs?

 

need to find out when they applied for set aside (was it in time?),

 

and as you say, what happens re your enforcement and fee.

 

others will no doubt look in, otherwise give andyorch etc a nudge

[up2meears]

note the rules i mentioned re where it would go re defendant not an individual. seems will be the 'preferred' court? ie theirs?

 

I thought andyorch had confirmed it would be transferred to mine? Argh!!!!! hair pulling time

[up2meears]

note also my post #117 if applicable. when did they apply for set aside? within the required 14 days?

 

Sorry, should they have applied for a set aside within 14 days? if so would the court allow it if it's out of time??

[Guest]

I thought andyorch had confirmed it would be transferred to mine? Argh!!!!! hair pulling time

 

i know, but having looked at those rules am not sure!

even if is set for their court, i think an app'n could be made to transfer it to yours?

[Guest]

Sorry, should they have applied for a set aside within 14 days? if so would the court allow it if it's out of time??

 

 

if judgment was as per mentioned in my post,

then yes according to the rules they should've applied within 14 days re a set aside.

 

if applicable, and not within time, then that would be something to put before the J at hearing.

 

whether that would be enough, i don't know. would be for the J to decide.

 

ps there is also the general set aside/relief requirements to satisfy?

[up2meears]

Funny how these companies can bend the rules to suit themselves. If it was me defending their claim it wouldn't be allowed

 

If this 14 day deadline is the case it's just more evidence of how vindictive MBNA try to be by abusing the court procedure,

along with their breech of debt collection practices etc which I have endured.

 

I will defo want my day in court with them although I wont ponder on this too much

until I know for sure as my anger is getting the adrenalin pumping.

[Guest]

know what you mean. the rules say this and that but yet sometimes they don't seem to abide by them. yet if an LiP doesn't, then they are quick to say so!

have given andy a nudge for you

[up2meears]

Thanks Ford,

 

Just when I think I'm getting my head (semi) round this I'm thrown into more confusion lol - frustrated much

[AndyOrch]

Okay what date was the judgement? What period of time was they allowed to set a side (if any)

What date was their application made? What date did you request execution ?

Was you served Notice of the application..Was you served Notice of the hearing?

 

Courts will always try to merge applications into one hearing (2 fees one hearing good business)

 

Yes any hearing should be at the LIP local county Court (claimant or defendant) they are a business so they follow you.

You simply make a further application to transfer (again).

 

If you could clarify the above UP2 .... we can look at this and prepare.

 

Regards

 

Andy

[up2meears]

Hi Andy

 

Thank you so much for looking in. I was planning to answer your questions once I got home so I could be sure of exact dates etc, but on getting here I have opened a letter from Chester CC which enclosed a Notice of Hearing of Application at Chester, which I will need to transfer.

It also included a copy of the N244 submitted by MBNA asking for set aside due to them submitting the AQ in time (copies of their emails sent to the court also enclosed)

 

Not sure what you will want to know now? Or what to do next. What happens with my N323 application and £100 fee? That's obviously redundant now.

 

Okay what date was the judgement? 14th JanWhat period of time was they allowed to set a side (if any)No time mentioned

What date was their application made? The application was made 14th JanWhat date did you request execution ? Dated and sent 1st Feb, received by Wrexham CC 3rd Feb

Was you served Notice of the application..Was you served Notice of the hearing? Both received today

 

Courts will always try to merge applications into one hearing (2 fees one hearing good business)

 

Yes any hearing should be at the LIP local county Court (claimant or defendant) they are a business so they follow you.

You simply make a further application to transfer (again).

 

If you could clarify the above UP2 .... we can look at this and prepare.

 

Regards

 

Andy

 

Grateful for all the help.

 

Up2

[AndyOrch]

It appears to all rest on the submission of their DQ on time then...what evidence has been provided and why was the court not aware of this?

 

If you think and it appears you do that it will be set a side then you must request your fee for execution be returned.

[up2meears]

I haven't got a clue why the court was not aware of this Andy. I can't believe what a shambles this appears to be. When I submitted my request for judgment via MCOL email, it was received and acknowledged, yet MBNA say they submitted their AQ TWICE via the MCOL email and neither were actioned? Doesn't make sense to me, but they have submitted email printouts of the emails with their N244??.

 

One thing I was wondering is they have requested it be set aside without a hearing, yet the court have arranged one. Is this normal?

 

I want to call the court on Monday and try to find out what is actually going on. Should I call the MCOL number as this where they apparently sent their AQ (twice)? I can also ask them about transferring to my local court and my execution fee being returned (I'm happy to leave this if it's not set aside obviously, but just worrying incase I have to pay it again).

 

What will happen at this hearing? Will I have to give my reasons for them not to set aside?

 

How could TWO separate emails not get picked up? something smells very fishy to me, but then I'm biased when it comes to believing that MBNA would actually lie and cheat for their own end - after all that's how I got in this mess in the first place

 

Thanks again Andy

Up2

[AndyOrch]

Couple of points from you post

 

DQs are not ssubmitted to MCOL you submit them to the transferred court (ie your Local County Court) and yes there must be an hearing in all set a side applications unless both parties agree and its not required.

 

You can submit a WS in objection to application...usually not less than 7 days pre hearing.

 

Regards

 

Andy

[up2meears]

Sorry Andy, my mistake they said they sent it to [email protected] and then the second one to [email protected]. So different addresses to where I sent my judgment request.

 

What is WS? Is this objecting to them setting aside? I have tried googling it but still none the wiser.

 

Thanks

Up2

 

Hearing is one month from now, so need to get it transferred pretty quickly I assume??

Edited February 14, 2014 by up2meears
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