claimforms - dual MBNA CARDS with disputed MBNA sec 75 claims **WON**

[ZENTRIX9]

Heres my case summary

 

http://i911.photobucket.com/albums/ac318/zentrix9/casesummary_zps7388c184.png

 

 

Heres my summary

 

http://i911.photobucket.com/albums/ac318/zentrix9/Summary_zpsc7ea398b.png

[citizenB]

Zen, are you able to convert to pdf and upload that way ?

 

 

Dx100 – Instructions on uploading pdfs

Scan the requiredletters/agreements/sheets

as a picture file

remove all personal info including barcodes etc. using paint

but leave all figures and dates.

Go to one of the many free online pdf converter websites

convert the image to pdf format.

or if you have PDF as an installed printer drive use that

open a new message box here

hit go advanced below the message box

hit manage attachments below that box

hit the add files button on the top right

hit select files, navigate to your file on your pc

hit upload files

NB: you can set where it goes in the post by hitting insert inline.

Then hit reply button

[AndyOrch]

I will run through this shortly Zen and get back to you with my thoughts.

 

Regards

 

Andy

[ZENTRIX9]

Hi B do you still want me to do PDF

[ZENTRIX9]

Thanks Andy.

Optima are saying that I didnt have to pay the full amount until installation, the job was supply only by the company NOT supply and install.

On the contract the terms and conditions state that payment must be made in full within 30 days of the order being placed.

This was a bespoke conservatory designed to fit my house, it wouldnt fit anywhere else. Standard practice for these type of jobs were to take payment in full as previously the company had had orders cancelled and had been left with something that was useless to anyone else.

[ZENTRIX9]

Optima state in their skeletal argument " One can only conclude that the payment was made to inject money into the company ". This is only speculation and they have no evidence to prove this, can I put them to strict proof? or anything else? They are inferring that I am untrustworthy. Also stating that I didnt have planning so I shouldnt have bought it until I had, however I have a letter from planning saying that if I agree to the changes they would support my application, that should be good enough I think? As a comparison you can buy a car without a driving license if you dont drive it on the road, you can buy a conservatory as long as you dont fit it before you get planning permission. There is no law that I can find that states you must have planning permission before ordering.There are extenuating circumstances, will the judge take these into account?

[batty69]

Optima state in their skeletal argument " One can only conclude that the payment was made to inject money into the company ". This is only speculation and they have no evidence to prove this, can I put them to strict proof? or anything else? They are inferring that I am untrustworthy. Also stating that I didnt have planning so I shouldnt have bought it until I had, however I have a letter from planning saying that if I agree to the changes they would support my application, that should be good enough I think? As a comparison you can buy a car without a driving license if you dont drive it on the road, you can buy a conservatory as long as you dont fit it before you get planning permission. There is no law that I can find that states you must have planning permission before ordering.There are extenuating circumstances, will the judge take these into account?

 

Pretty certain they cant say this, I think they could possibly get away with saying it is their belief, but certainly not state it is as a fact or that a fact can be inferred. Although I'm no legal expert, so wait for response from others

[ZENTRIX9]

Just looking at my MBNA credit card agreement.

It was signed by me but not dated, it was signed by a MBNA employee on 25/07/05 after I posted it back to them.

 

Looking at the prescribed terms It states "We will choose your credit limit and tell you what it is. We may vary it at any time and write to let you know"

The copy I have is a microfiche copy and is barely readable.

There is a 2nd copy which shows the back and it states "Your credit limit is £6000"

 

Does this conform to the CCA 1974 with it being on the back it is not within the 4 corners and it doesnt say anywhere that your credit limit is on the back. Would this have been printed after it was posted back to them?

 

Heres a link

 

http://i911.photobucket.com/albums/ac318/zentrix9/MR%20VIRGIN%20MNBA/applicationfront.jpg

 

Also can someone have a look at my default notice

 

http://i911.photobucket.com/albums/ac318/zentrix9/MR%20VIRGIN%20MNBA/mbnadefaultscan.jpg

 

The default notice shows the date to rectify but not in bold and not replacing the words "BEFORE THE DATE SHOWN"

[citizenB]

The Default Notice appears to be ok. However, on the agreement that you have posted up, there is NO clause 8, which appears to be the part of the agreement you breached ?

[ZENTRIX9]

The rest of the terms are on other sheets provided but are not part of the signed sheet. Does this make a difference

[citizenB]

TBH, I don't know, Zen. I will ask for you

[AndyOrch]

Pure here say and should be countered.

 

Andy

[ZENTRIX9]

Thanks Andy, could do with knowing what I can claim for as well. Interest, compound iinterest, loss of wages through court hearings. If I am succesfull can I ask the judge to award the full contract price rather than the amount paid with the card?

In court at 10.30 tomorrow

[AndyOrch]

I will run through your latest posts tonight Zen and post my thoughts for your hearing tomorrow...so if you could be on line later tonight.

[ZENTRIX9]

Thanks Andy, the claim was awarded for the claimant, this trial is for the counterclaim. If I win my counterclaim tomorrow will I be able to ask the judge to remove any costs awarded to the claimant on the basis that if they had addressed my claim in the beginning and paid me back it would not have needed to go to court.

[AndyOrch]

Ok Zen I cant open you case summary ...I have read your summary so I assume its similar.

 

Looking at the detail it all appears pretty straight forward...you must rely on your earlier victory with HSBC to endorse the counter claim against MBNA...so have copies of that judgment handy.

With regards to recent posts and queries reject any attempt from the claimant to introduce that " here say evidence " was that ever raised in their WS?

Copy of the T&Cs of the conservatory agreement were it states payment in full...evidence that you paid it and copies of the statements from the CC,s.....that squashes there next point.

Planning permission is nonsense and smacks of desperation.

 

You claim for the amount you are at loss of...... the purchase debt/interest applied to that balance and section 69 interest 8% on top of the amount claimed (not included) Its at the courts discretion.

You can only claim for what you purchased it at...steer clear of trying for contract price...I didn't happen you didn't pay it...don't jeopardise your claim.

 

" If I win my counterclaim tomorrow will I be able to ask the judge to remove any costs awarded to the claimant on the basis that if they had addressed my claim in the beginning and paid me back it would not have needed to go to court "

 

If you win tomorrow their claim is gone, as with its costs...you will have judgment and your costs.

 

Lastly try to steer away from the word " stress " its called damages...to you, your health and to your credit reputation.

 

 

Regards

 

Andy

[ZENTRIX9]

Thanks for the advice Andy,

With HSBC I didnt go to court I just asked for the refund and they paid me, had to give them some details but they were no problem at all. I do have their offer "full and final" but I know that if it goes pear shaped tomorrow I can go after HSBC for the remainder of the amount paid. I can take the paperwork regarding this.

 

statements from the CC,s ? Is that credit cards?

 

Also my wife Paid £2800 on her card but they have sold that debt on! They cant be that confident if they sold her debt on.

[AndyOrch]

Thanks for the advice Andy,

With HSBC I didnt go to court I just asked for the refund and they paid me, had to give them some details but they were no problem at all. I do have their offer "full and final" That will do it endorses the dispute but I know that if it goes pear shaped tomorrow I can go after HSBC for the remainder of the amount paid. I can take the paperwork regarding this.

 

statements from the CC,s ? Is that credit cards? Correct

Also my wife Paid £2800 on her card but they have sold that debt on! They cant be that confident if they sold her debt on.

What card ....MBNA or HSBC ?

[ZENTRIX9]

My wifes was MBNA, I initailly put a claim in for both cards with MBNA but they said they said I hadnt given them enough info, I went to FOS, waste of time they didnt want to make a decision, said it would be better for a court to decide, then MBNA sent a claim form for my card, the highest amount, and here we are.

[ZENTRIX9]

I also have the letter from the liquidators stating we paid the 2 amounts

[AndyOrch]

Well if its not within your PoC within your counter claim its a tad late now Zen

[ZENTRIX9]

When I bought this up with the judge before my counterclaim he said it was a seperate matter and I would have to do a seperate claim otherwise I would have added it in the POC

[AndyOrch]

As I have just stated and yes its not your debt its your misses:wink:

[ZENTRIX9]

Ok feel pretty good about appearing tomorrow now, whats the drill in court, do I have to present my case first or the claimant?

 

You said earlier that if I win their claim will be struck out, so does that mean for example if there is a £10k debt on the card and I win my counterclaim then they cant legally claim the £10k anymore and they have to pay me my claim and interest.They then cant come after me for the £10k debt anymore? If yes can they sell it to a debt collection agency

[AndyOrch]

The party that has judgment is the winner...nothing to stop them chasing you... they cant enforce it.

 

Zen every court has different procedures so to advise would be crystal ball gazing ...the court will lead you.

 

Best of luck and update your thread as soon as convenient.

 

Regards

 

Andy