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

[AndyOrch]

Well its Judgement Day tomorrow so will post up how it goes.

 

Any tips on what to do if I lose? or if I win what can I claim or ask for?

 

You will be awarded the amount you specified within your PT 20 plus 8% interest and costs.

 

Best of luck Zen for tomorrow.

 

Regards

 

Andy

[ZENTRIX9]

The judge awarded approx £10k inc costs to the claimant but was stayed,

so if i win can I ask for their costs to be deducted from the amount the judge previously awarded?

The claimant already asked if I win can it be offset against what I owe them.

[AndyOrch]

But if its stayed then it as yet to be determined and judged....

[ZENTRIX9]

I won at court today

[caro]

Woohoo!! Well done.

[ZENTRIX9]

Judge found in my favour for the counterclaim, £6,000 + 8% interest for 5 years £2400 + £480 costs ( didnt know I could only charge £18 per hour! otherwise I would have put down more hours for costs )

 

The claimant was awarded the £10,700 ish and it was offset against what I was owed

so I still have to pay some but I am happy with the outcome as it proves that I had a valid section 75 claim

 

Now we can go after them for the amount on my wifes card and use the outcome on my card against them.

 

Would it be better to go back to the Ombudsman or contact MBNA direct?

[AndyOrch]

Well done Zen delighted for you.

 

I will amend your thread title to reflect the result.

 

Regards

 

Andy

[ZENTRIX9]

Thanks to everyone for your help, I couldnt have done it without you all.

 

I do have to pay some but its a hell of a lot less than I did.

I should get the letter from the court in the next few days and I will be required to pay about £2300 within 14 days, problem is that I dont have it, can I offer payment options?

[AndyOrch]

Yes you can...but if they dont agree then you would have to use the N245 through the court to vary it to monthly.

[ZENTRIX9]

Quick update.

 

I have sorted out a payment schedule for the amount left over after the judgment so this debts all done and dusted now,

 

however my wifes card is under the same circumstances and now that the judge has found in my favour and that I did have a valid claim this should then apply to my wifes card.

 

MBNA have sold her debt onto someone else,

so do I contact MBNA saying that they should have addressed her claim and should have paid her back?

and that they are in breach of the contract?

 

Do I also have a right to ask them to reinstate both of our credit cards?

after all we were in the right but we stopped paying them because they would not refund us what was owed so that they would address the issue.

 

Any advice on what to do next would be greatly appreciated.

[ZENTRIX9]

Hi, recently I went to court against MBNA who were the claimant and I beat them!

 

My claim was only part of it,

my wife and I used both our cards and purchased a conservatory, we didnt get it.

We put in a section 75 claim and they refused to refund us.

 

So we went to the FOS, they said that it wasnt suitable for them and would be better suited to court due to the complicated nature of the claim.

 

We refused to pay any more interest to MBNA as it was killing us financially and stopped paying them.

They pursued me through the court system but left my wife to the numerous debt collector agencies.

 

They fast tracked my card as it was more than the debt my wife had.

It went to trial and CAG helped me a lot,

I represented myself and it was a learning curve as to how things are done and in what order, also what dirty tricks they can try to stop you defending.

 

The judge found for the defendant (me) and awarded me the original payment plus 8% simple interest, less some court costs. I asked for the interest payments I had paid over the years but didnt get it.

 

Now my case has set a president (as it was not a straight forward as we were claiming from our family business) I am ready to try to get MBNA to refund my wifes card as the judge has now ruled we had a valid claim under section 75

They have sold on my wifes card to debt collectors.

 

Now I have a few questions,

I have looked at the FOS website and their example 7 pretty much covers my case,

they awarded the original payment,

all the interest paid on the payment and then 8% statutory interest.

Do I go through the FOS (which they already have the complaint on their records)

or send the claim and breakdown of what I am owed to MBNA?

 

If my wife is refunded as per the above it should clear her debt and leave her with about £1500.

As we had a valid section 75 claim and they refused to address it our credit history suffered badly, can I ask for this to be put right?

 

If all goes to plan with my wifes debt and she is refunded the way I have set out above can I go back to MBNA or FOS and say, hang on, I wasnt refunded correctly and ask for the shortfall when I was refunded?

 

I have a couple of cards that I am claiming payments, PPI etc back from at the moment, If all goes well the refunds will pay off nearly all our debts and leave us almost debt free

 

An encouraging word to any Cagger, NEVER give up, CAG will support you no matter how low you may feel, there is always a solution to your problem.

 

I always say nothing is impossible!, it just takes a little longer

 

I look forward to any comments or help to any of the above.

 

Next one is claim PPI from HSBC approx £5500

[ZENTRIX9]

This is the basics of a letter I have drafted to MBNA, could someone check my working out and if I am legally within my rights to ask for what I am asking for.

 

During 2010 I submitted a claim to MBNA under section 75 of the consumer credit act.

The outcome was that I was refunded £8800 (the 3 payments the claim was for) and £503.44 for interest from the time I reported it to MBNA

 

I submit that MBNA has refunded me incorrectly.

I believe that I should have been refunded the original payment, all the interest payments I had made since the purchase and 8% statutory interest.

 

My figures are detailed below :-

 

Total amount originaly paid on my card was £8800

From the time I paid for the item and the refund I paid £5078.62 in interest.

 

These two figures mean I have paid :-

£13,878.62. x 8% statutory interest = 1110.29 / 365 days = £3.04 daily interest

£3.04 x 1098 days = £3337.92

 

13,878.62+

3,337.92

£17,216.54 This amount is what I should have been allowed to claim, not £9,350.00!

 

This is a shortfall of £7866.54, so I think that I am within my rights to ask for this amount, PLUS 8% statutory from the date HSBC refunded me £9,350.00.

-------------------------------------------------------------------------

 

So, from 17/01/2010 to 08/01/2014 (1453 days)

 

£7866.54 x 8% = 629.32 / 365 days = £1.72 daily interest.

£1.72 x 1453 days = £2499.16

 

7,866.54+

2,499.16

£10,365.70 This is the amount I believe that MBNA now owes me.

[ZENTRIX9]

myself and my wife bought something jointly using both our credit cards.

We didnt get it and put in for a section 75 claim after waiting for the liquidators to say that there was no money left to refund us, so we approaced MBNA.

 

MBNA said it wasnt valid.

They took me to court and after 2 years they lost and the judge said that I did in fact have a valid section 75 claim.

 

My wifes debt has been "assigned" to Arrow Global Guernsey limited.

They have now started court proceedings against my wife.

Now both situations are identical so if the judge says that I had a valid claim then surely my wife does too.

 

I called Wilkins Chapman and explained this and was told that their client still wanted to proceed with court action.

 

Arrow Global has started court proceedings and I have submitted a defense.

 

I also sent a letter to Virgin/MBNA explaining everything and they replied.

 

This is the gist of what they sent .

 

My dispute has been accepted on a goodwill basis for the transaction amount only.

They dont accept liability.They consider the offer reasonable and have no further offers.

They will use the funds to reduce the card debt on the account. (lets call it £2000 as a ballpark figure)

 

By crediting the account they have discharged any obligation they have relating to this dispute, whether under section 75 of the consumer credit act 1974 , or otherwise. If anyone else pays an amount relating to this then you agree to pay immediately to MBNA (to a maximum of £2000)

 

The terms of this settlement arent to be disclosed to any third party except when:

a) A court or other body with competent and compellable jurisdiction require such a disclosure.

b) The non-disclosing party provides written consent.

 

We trust this confirms our position.

 

--------------------------------------------------------------------------------------------------------------------------------------------------

 

So where does that leave us?

Do I use the case I won against them in court to set presdence?

Do I show the judge the letter from Virgin/MBNA? If they have paid out the original card payment isnt that proof they are liable under section 75?

 

I recieved Arrow Globals copy of the allocation questionaire today. They agree to mediation, they have also submitted a Defence to Counterclaim.

 

As below:

 

Save for any admissions herein, the claim is denied in its entirety for the reasons set out below and the Defendant is put to strict proof.

 

The claimant is a well established international debt purchaser which aquires charged-off consumer debt. MBNA assigned the debt under account number xxxxxx to the claimant under the terms of a debt sale/purchase Agreement dated xxxxxx ; notice of which was provided to the defendant on or about xxxx. The outstanding balance as at the date of assignment was £xxxx, being the purchase balance.

 

The Defendant's counterclaim, as pleaded, relates to the alleged actions and/or omissions of the originating creditor, MBNA, prior to assignment of the account. The claimant is not in a position to comment on the sam.

 

The counterclaim discloses no cause of action against the claimant and is self evidently an abuse of process. The statement of case discloses no reasonable grounds for bringing the claim and/or does not amount to a legally recognisable claim against the claimant.

 

Further and/or in the alternative the counterclaim as pleaded does not contain sufficient particulars to permit the Claimant to file a properly particularised and pleaded defence. As such the Claimant is unable to plead effectively or at all. The Claimant is embarrassed.

 

Having regard to the above, it is verily believed that the counterclaim discloses no legally recognisable basis for bringing the claim against the Claimant. The Defendant has no real prospect of success and is likely to obstruct the just disposal of the proceedings. Further and/or on what legal basis the counterclaim is brought. In the circumstances the Claimant requests that the court strike out the counterclaim pursuant to CPR 3.4

 

I have to file by Friday at the latest so if I can add to my defence I need to do it today.

 

All help will be appreciated

[ZENTRIX9]

This is the defence that I submitted for my wife.

 

This debt has come about because MBNA would not process my section 75 claim. My husband had an identical case with MBNA, they would

not process his claim either. We tried to sort this out with the FOS but they said it would best be sorted in court. MBNA started

court proceedings against my husband and my husband won his case. Recorder Pepperall found in favour of my husband at Birmingham

Crown Court, Recorder Pepperall said that he did have a valid section 75 claim. Based on this judgment, I believe that I also

have a valid claim and want MBNA to pay me back what they owe me as set out in the Consumer credit act. MBNA state in their POC

that the defendant has failed to make payment in accordance with the agreement, I state that MBNA has failed to adhere to the

consumer credit act regarding section 75 by not refunding a valid claim, I find them at fault and negligent in the way they have

bullied me into trying to make me pay for a debt they don't want to refund, for that reason I stopped paying them to make them

address the issue. I believe that they have have breached their contract with me by not refunding me as they should have done as

per section 75 of the consumer credit act.

I am making the counterclaim because the debt I am being chased for should not exist. If MBNA would process my claim under section 75 as they should have done there would be no debt. They have refused to refund me and continually tried to bully me into paying a debt that I believe I do not owe. My husband had an identical case and the court found in his favour. I have contacted the solicitors acting on behalf of MBNA and gone through the case with them, pointing out what happened with my husbands case and the still will not settle this dispute. This is a classic case of the big banks trying to wiggle out of paying when they know that if they wait long enough I will give up and pay.

[ZENTRIX9]

The offer Virgin/MBNA sent me doesnt even give me a choice to turn it down!

 

The only thing I can see that may or may not be an advantage to the court case is that if they deduct this amount then the amount that Arrow Global is chasing me for is then incorrect by a few thousand pounds.

[ZENTRIX9]

Hi all. I won my case against MBNA, now its my wifes turn.

 

The judge ruled in my favour so they should also rule in my wifes favour as well as the case is identical in every way exept for the amount paid.

 

Heres the breakdown :-

 

Original payment was £2800 on 7/1/2008

We paid interest up to 16/06/2010 totaling £1817.51

So our total outlay was £4617.51

 

How do I calculate what I want to claim?

 

I know that they should award the £2800 but what about the 8% interest?

 

What am I entitled to claim and what else could I ask for the judge to award?

 

I am waiting for a mediation call so would like the figures to try and come to some agreement.

 

many thanks

[citizenB]

http://www.consumeractiongroup.co.uk/forum/showthread.php?330996-Latest-Spreadsheets-PPI-Claims-and-Charges-Claims-Dec-2011

 

Choose the spreadsheet suitable for your claim from those in the link above and it will work out what you are entitle to.

[ZENTRIX9]

I'm off to court tomorrow representing my wife, its a hearing at the local county Court approx 2 hrs set aside to sort it out. Does my wife have to attend, she suffers with nerves VERY badly and I am afraid it will take my mind away from what it needs to be thinking about.

[ZENTRIX9]

My wife (A) has a debt with MBNA (B).

 

It has been "allocated/sold" to Arrow Global.

 

This debt was in dispute for a section 75 claim that she had with MBNA.

 

MBNA said it was not a valid claim.

 

I also had an identical claim and the court ruled in my case that it was valid

and ordered MBNA to refund me.

My wife has a counterclaim as I did

 

Who now legally owns the debt?

 

A has recieved a court summons from B and has to attend a court hearing.

 

The court papers show Arrow Global as the Claimant.

 

Now my way of thinking is this:-

 

If MBNA still owns the debt and Arrow Global are acting on behalf of MBNA,

then shouldnt MBNA be a "co-claimant" on the court form?

 

Can I get the case thrown out of court as Arrow Global have no rights sueing my wife

as they do not "OWN" the debt?

 

Only the owner of the debt can instigate court proceedings?

 

If Arrow Global say they now "OWN" the debt absolute,

then any claims/refunds can be directed at Arrow Global.

 

Arrow Global say that they :-

 

The Defendant is misguided in her defence,

the relationship between the Claimant and MBNA is limited to Assignor and Assignee.

Whilst the rights and benefits of the agreement were transfered to the Claimant, the burden was not.

 

So it seems that they are acting on behalf of MBNA and MBNA are not on the court paperwork as co-claimant!

 

Any replies would be great as I am in court tomorrow.

 

Or are they trying to confuse us, I dont think the judge will view this as good practice.

[dx100uk]

I would suspect your CRA file will show arrows as the owners.

 

any dispute with the original creditor

can be used in your defence.

 

esp a sec 75 one.

 

have you received a NOA?

 

you indicate you've already sent a defence in

with this dispute info?

 

dx

[ZENTRIX9]

Hi dx, ok, if Arrow are the owners are they now liable for my section 75 claim? The refund of the payment plus interest at 8%.

Can I also claim the interest payments that we, plus 8% interest?

 

Yes had a NOA.

Yes sent in the defense, dont have it with me now but basically the judge ruled in my favor in my case which is identical, so the judge tomorrow should do the same, hopefully.

[dx100uk]

sri can you type that 1st sentence again?

 

the section 75 request is against the original creditor always

 

dx

[ZENTRIX9]

sri can you type that 1st sentence again?

 

Is this meant for me DX and if it is can you explain, not sure what you mean

[dx100uk]

Hi dx, ok, if Arrow are the owners are they now liable for my section 75 claim? The refund of the payment plus interest at 8%.

Can I also claim the interest payments that we, plus 8% interest?

 

 

..............

 

IMHO arrows are not responsible.

 

as for any claim you make with regard to this

that would be a sep one outside of this case.

should you wish to take it to court.

 

though as said, i'm sure you can use the fact that you have an outstanding section 75 issue

as part of your defence as you have done...

 

dx

[ZENTRIX9]

I think there is something dodgy about it

 

as MBNA refunded arrow global the original card payment as a gesture of good will.

 

And Arrow offered to reduce the outstanding balance by half.

 

They don't do that unless they think I have a chance of winning.

 

The judge said it was suitable for mediation too.