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    • Topic moved to Financial Legal Issues Forum.   When you have all the details of the debt /claim/judgment...please complete the following and post your responses back here for further advice.       Andy
    • Although I still think you will be ok on the mortgage front, it always helps to find a good Broker who can guide you around these sorts of things. 
    • Hello all   A colleague discovered he had a CCJ recorded against him by Lowell as a result of them acquiring an old Electricity Bill from around 2011.   They lodged their claim in 2019 to my colleagues old address and got a back door judgement.   I helped my colleague draft an application to set aside and it was decided by the court service to hold a telephone hearing which took place last week.   It was slightly comical.    The Judge had got my colleague on the conference call and rang the number provided by Lowell only to reach a call centre person who knew nothing about the case.  She offered to find somebody but the judge was not having it and said they had plenty of time to sort out the case and he had called the number they had provided and expected someone to be ready to handle the case.  He asked her if she was ready to deal with it.  She said she wasn't so the Judge "dismissed" her and was left speaking to my colleague only.   It then turned out that Lowell had submitted a response saying they agreed to the Set Aside providing Each party paid their own costs to which my colleague agreed.   Our application requested a set aside on the basis that the original claim was not received despite the utility having my colleague's address and for SB reasons.   The final outcome was the Set aside was ordered by the Court and the original Claim restored with 14 days to defend.   I am running the case here for any CAGers to advise and comment.   My next step is to write to the Court and Lowell asking for a copy of the original Claim Form without which it is difficult to defend.   The main details are that my colleague paid his electricity bill before moving house and indeed retained the same utility company in his new house, not something he was likely to do if he was evading them.   In any event the defence is an SB one as the original bill was around 2011 and any claim would surely have expired about 2017.   I will get back to the thread with more details.  If anybody wants to comment then all suggestions welcome.
    • All of the above but I don't think their default is going to hurt your mortgage application.
    • Unless you have already sent it – which I don't think it's clear – how about this as an alternative:    
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    • I sent in the bailiffs to the BBC. They collected £350. It made me smile.
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    • Hi @BankFodder
      Sorry for only updating you now, but after your guidance with submitting the claim it was pretty straight forward and I didn't want to unnecessarily waste your time. Especially with this guide you wrote here, so many thanks for that
      So I issued the claim on day 15 and they requested more time to respond.
      They took until the last day to respond and denied the claim, unsurprisingly saying my contract was with Packlink and not with them.
       
      I opted for mediation, and it played out very similarly to other people's experiences.
       
      In the first call I outlined my case, and I referred to the Contracts (Rights of Third Parties) Act 1999 as the reason to why I do in fact have a contract with them. 
       
      In the second call the mediator came back with an offer of the full amount of the phone and postage £146.93, but not the court costs. I said I was not willing to accept this and the mediator came across as a bit irritated that I would not accept this and said I should be flexible. I insisted that the law was on my side and I was willing to take them to court. The mediator went back to Hermes with what I said.
       
      In the third call the mediator said that they would offer the full amount. However, he said that Hermes still thought that I should have taken the case against Packlink instead, and that they would try to recover the court costs themselves from Packlink.
       
      To be fair to them, if Packlink wasn't based in Spain I would've made the claim against them instead. But since they are overseas and the law lets me take action against Hermes directly, it's the best way of trying to recover the money.
       
      So this is a great win. Thank you so much for your help and all of the resources available on this site. It has helped me so much especially as someone who does not know anything about making money claims.
       
      Many thanks, stay safe and have a good Christmas!
       
       
        • Thanks
    • Hermes and mediation hints. https://www.consumeractiongroup.co.uk/topic/428981-hermes-and-mediation-hints/&do=findComment&comment=5080003
      • 1 reply
    • Natwest Bank Transfer Fraud Call HMRC Please help. https://www.consumeractiongroup.co.uk/topic/428951-natwest-bank-transfer-fraud-call-hmrc-please-help/&do=findComment&comment=5079786
      • 33 replies

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I think that would be useful, they may have first

hand experience of MBNA's calcs.

 

I'm just a little cautious that they may have already settled some/all of the charges which would leave you with egg on your face at the

hearing to set aside.

 

Has it noted the PPI issue and its effect on charges within its ws?

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Ims is going to have a look at the calcs when he's got a minute - thanks Ims

 

Their w/s does not mention PPI or anything else except the time frame and how they reckon they submitted the DQ in time. That is all that is contained in it.

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Hello up2, just responding to your PM.

 

I've looked at the spreadsheet that MBNA sent out to you and a has been said, the charges do appear as transactions but I can't see that any have been refunded as part of the PPI settlement.

 

By going through the reconstruction you should be able to see the "behaviour" of the account with the PPI and associated interest removed. Using the same repayments it should be possible to establish which charges may have been incurred solely due to the PPI and it's associated interest. Those that were incurred as a result of that should be refunded as part of the PPI settlement together with any interest on them.

 

The overriding consideration is that you should be put back in the position you would have been in had the PPI not been added to the account in the first place.

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I've taken a look at the first few charges and can find no evidence [on the papers] that they have been credited.

 

The point to get across at the set aside would ideally be that [technical service failings aside] it has no defence if it previously failed to accurately reconstruct the account. Assuming your credit limit was circa £3k during 2001 [no over limit fees for the period June thru Nov 01 would indicate this] then each of the charges would naturally fall to be credited [concomitant]

 

Have you spoken to it's sols regarding this? I really can't see it's in anyone's interest to go back to court when the likelihood is that it will cost both parties time and money for the same result as the default judgment.

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.........

The point to get across at the set aside would ideally be that [technical service failings aside] it has no defence if it previously failed to accurately reconstruct the account. ........

 

...

 

ditto, include 'no defence' as said if continuing.

 

and, as mike poses, is there a chance of mutually agreeable settlement prior?

IMO

:-):rant:

 

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Thanks everyone for looking into this for me. I am so grateful

 

[quote=ims21;4478668

The overriding consideration is that you should be put back in the position you would have been in had the PPI not been added to the account in the first place. From what I can see I don't think the added PPI made an impact on the charges, but I can't see the wood for the trees. I have been going through paperwork for two nights solid and it's all starting to make me a bit delirious :wacko:

 

I've taken a look at the first few charges and can find no evidence [on the papers] that they have been credited.

 

The point to get across at the set aside would ideally be that [technical service failings aside] it has no defence if it previously failed to accurately reconstruct the account. Assuming your credit limit was circa £3k during 2001 [no over limit fees for the period June thru Nov 01 would indicate this] then each of the charges would naturally fall to be credited [concomitant] As far as I remember the original limit was £3,000. and if I remember rightly I got into a pickle with the overlimit fees because they used to estimate the following months interest, but I never used to take in to account the PPI being added on (probably because I never knew what it was) and the late fees came about because of the timings of the statements arriving usually 7 days before it was due and the payment clearing (no internet banking back then - cheques in an envelope)

 

Have you spoken to it's sols regarding this? I really can't see it's in anyone's interest to go back to court when the likelihood is that it will cost both parties time and money for the same result as the default judgment.I haven't yet been in touch with the solicitor, I don't really know how to approach it.

 

I'm not quite sure how to add this to my WS? I do not have any statements, just a transaction history which I do not know how to translate to see if anything would have changed if the PPI was responsible forthe charges - sorry just read that back and it doesn't make much sense, but cant find another way to say it - ggrrr.

 

I need to rely on the WS and I don't want to put any wrong info or assumptions and have MBNA make me look like an idiot.

 

If anyone can help with a suggested letter to send to their solicitor I would be grateful

 

Also, I sent an email to Chester last Monday as requested by them to get this transferred to my local court and I have not heard anything yet? I don't want to hound them, but The hearing is in two weeks and I'm getting a bit jittery that it wont get transferred in time. Do you think it will be okay to call them yet?

 

Many thanks

Up2

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If you look at your PPI redress sheet the charges tend to stand out as unaccounted for.

 

As an example; you have an £18.00 overlimit fee applied at May 2001 [from your schedule of charges]...... If you look at the PPI sheet for the period you can see at May 2001 the running redress is £131.05..... If you then refer to June 2001 [the accounting period for redress of the previous months PPI,interest and charges] the running redress is now at £152.11, an increase of £21.06 [£19.14 PPI + £1.92 associated interest]

 

Who are the sols and do you have an email address and/or a contact name/number for the case handler?

 

Bear in mind that its counsel will unlikely have any information at all regarding any previous PPI settlement, its instruction will be purely to argue for set aside of judgment.

 

Transfer........ phone the court and ask if it has acted in the matter yet. Assuming the other side requested a stay of enforcement within its application there's nothing left for Chester to consider until the set aside issue has been dealt with at your home court.

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The solicitor is MBNA legal Department? Her postal/email addresses are at MBNA.

 

I see what you mean by the charges not being calculated in the PPI redress - thanks for putting it into laymans terms for me. So the balance of May 01 should have been (without the PPI and interest) £2,941.09 thus taking me under the £3,000 limit? My limit was increased a few times over the years and as of yet I can't find when and to how much, will that matter?

 

If I have finally managed to get my head around this, I will incorporate it to my WS, and try and come up with a letter for the solicitor. I will also try to decipher their coded reports to see if I can work out when the limit increases happened, and compare the true balances on my spreadsheet.

 

Thank you for being patient with me Mike - :embarassed:

 

I will call Chester tomorrow also and try and find out what's happening with the transfer.

 

Thanks

Up2

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MBNA do have a handful of specialists in house, would her initials be J.A.P?

 

It may be useful to give them a call and ask if she is prepared to discuss off the record, it just seems sensible to try to settle this before having to take a day out for court....... that doesn't mean you end up with less than the judgment, it may however mean that the parties agree to compromise the case by consenting to set aside with terms to include its settlement of the claim.

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Well I dunno about the A but the J and P are in the right place lol

 

I don't know if I would want to call her, I think I would prefer an email in case I get all tongue tied and make a pigs ear of the conversation, plus I'll probably forget what was said as soon as I hang up. At least with an email, I can edit to suit if it's not right and I will have a copy of it.

 

I will try and get this ready tomorrow, and then at least I'll hopefully know what's happening with the transfer.

 

How would I head the letter? would it be without prejudice? or something else?

 

Sorry I ask another question each time you answer one - I don't mean to be a pain, I promise

 

Up2

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Well I dunno about the A but the J and P are in the right place lol

 

Anne is her middle name...... never spoken to her but understand she is very approachable and takes a pragmatic approach to all cases she becomes involved with.

I don't know if I would want to call her, I think I would prefer an email in case I get all tongue tied and make a pigs ear of the conversation, plus I'll probably forget what was said as soon as I hang up. At least with an email, I can edit to suit if it's not right and I will have a copy of it.

 

Emails fine, head it 'without prejudice' and outline your points concisely establishing a means to settle the case

 

I will try and get this ready tomorrow, and then at least I'll hopefully know what's happening with the transfer.

 

How would I head the letter? would it be without prejudice? or something else?

 

Sorry I ask another question each time you answer one - I don't mean to be a pain, I promise

 

Up2

 

Type your draft on here and I'll take a look before you send

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That's brilliant Mike,

 

Thank you so much.

 

I am heading up the wooden hill now as that loving place I call work demands me to wake before normal people so I will get on this tomorrow and hopefully have a draft by evening.

 

Enjoy the rest of yours and thanks again

 

Up2

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I called the Court today and was told that they had received my email and that my transfer request was waiting to be looked at by a District Judge to make a decision on whether it can be transferred to my local court? Didn't realise that would need to happen, thought that it would be a case of - sent to wrong court, gets transferred.

 

Is that normal practice? What's the chances of them saying no? Would I be able to do anything about it?

 

Thanks

Up2

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Probably needs to refer to the papers prior to a decision, without sight of the full application we don't know if it requested stay of execution of the warrant or if it is effectively still live. Have you spoken to the bailiffs at Chester to find out if the court is acting on your warrant request?

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No, not the bailiffs, I asked the admin desk lady last week when I called and she couldn't give me any status on it.

 

I think I saw a bailiff number on Chesters contact details. Will give them a call tomorrow.

 

Cheers Mike

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I have emailed the bailiffs at Chester asking if they can let me know the status of my warrant request, I will be phoning the court again tomorrow to see if the Judge has made a decision on the transfer so will ask to be put through to the bailiffs if I don't receive a reply.

 

I have drafted an email to send to the solicitor and would appreciate any input.

 

Many thanks Up2

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Bit too much info, all you really need to say is that you're prepared to compromise..... worth mentioning the previous redress and effect on charges if only to get it to focus on the facts

 

 

 

Dear Ms Solicitor,

Without Prejudice

 

In order to avoid further legal costs in the above case I make the following offer;

 

The business agree to settle the above claim in the sum of £………… to include all legal costs to date, in consideration of same I will consent to set judgment aside, further agreeing not to sue the business for any claim whether or not currently in my contemplation in relation to the agreement or other reason arising out of the agreement.

 

It should be noted, absent any compromise I will vigorously reject any argument that the case be set aside on a technicality. The business having no substantive defence and by it’s own admission within PPI redress those breaches of agreement positions which the charges in question are alleged to reflect were not effective. The business defending on the basis that it wishes to retain the benefit of unjust enrichment.

 

I am sure you will agree that this case is ripe for settlement and the offer is both pragmatic and fair to all parties in concluding the claim.

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Many thanks Mike,

 

Wow, that's great.

 

I have never written such a letter before and knew I would over think it.

 

I will jiggle the two and send that off today hopefully.

 

Thanks again :-)

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I have received the Order confirming the hearing has been transferred to my local Court :-)

 

I'm in the process of finishing off my WS. I assume I send it once I've had notice of the hearing?

 

I also sent the email to the solicitor so maybe it will all be over soon

 

Up2

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I have received the Order confirming the hearing has been transferred to my local Court :-)

 

Excellent....... and about bliddy time :-)

 

I'm in the process of finishing off my WS. I assume I send it once I've had notice of the hearing?

 

Yep, wait on the formal notice of hearing before filing/serving witness statement

 

I also sent the email to the solicitor so maybe it will all be over soon

 

Up2

 

She may not respond at all so don't get you hopes up, add the details of the PPI redress to your w/s and annex the statement it supplied you with. Usually you wouldn't bring anything new to proceedings but as the crux of the case centres on the fairness of any such charges and the manner of breaches within the agreement it would seem sensible to identify that you believe, in the event of set aside, it has no defence to the claim.

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MBNA have made an offer(including costs) 'as a goodwill gesture' which is about 20% what I'm claiming and they are confident that they have strong prospects of success in defending my claim.

 

They say they have been instructed to vigorously defend this matter and seek costs against me if I am unsuccessful at trial.

 

They have included a Tomlin Order - which I understand to be a mutual consent to their offer? Can somebody please confirm if this is right or explain if I am mistaken - thanks.

 

I am not prepared to accept their offer and I'm sure they've only offered it as this has now been transferred to my local court. I am still tweaking my WS and will post up once I'm sure I've got everything covered.

 

If I could have your thoughts please. :-)

 

Many thanks

Up2

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seems usual response re defending and costs statement.

yes, a tomlin/consent order would be usual re a settlement prior. but, contents would be negotiable if you want to do so as you dont accept current offer.

see what mike says

IMO

:-):rant:

 

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