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Arrow/Restons claimform - old MBNA debt


bja100
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Ah yes your claim has never been allocated...straight to strike out/summary judgment...so no court mediation is available

We could do with some help from you.

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I okayed it in post #199...how many times are you going to amend it ?

We could do with some help from you.

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I okayed it in post #199...how many times are you going to amend it ?

 

I have changed it loads since then! I've no idea if the WS is strong or not... also what happens on Feb 5 do I just turn up to court holding my WS?

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I have changed it loads since then! I've no idea if the WS is strong or not... also what happens on Feb 5 do I just turn up to court holding my WS?

 

Well its only posted here 16th Jan and today ?

We could do with some help from you.

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They have offered me a settlement of 6400.

 

I am really finding it hard to decide whether to accept.

 

First off, is there likely to be a second hearing after the one on Feb 5?

 

Second, what I am trying to work out is if I lose, what will I actually owe them? Will it be the CCJ amount or will it be increased costs so more?

 

Also, they said I can't email Restons my WS is this a lie?

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They have offered me a settlement of 6400.

 

I am really finding it hard to decide whether to accept.

 

First off, is there likely to be a second hearing after the one on Feb 5? No

 

Second, what I am trying to work out is if I lose, what will I actually owe them? Will it be the CCJ amount or will it be increased costs so more? Increased .....Summary Judgment hearings can be expensive (Application fee/Counsel fee)

 

Also, they said I can't email Restons my WS is this a lie?

 

Who cares......you have had plenty of time to post it...even second class.

We could do with some help from you.

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Depends on the Counsel attending...they have sent Barristers in the past ...could be 1 or 2 K

We could do with some help from you.

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This is getting really out of control, I don't know how I got from being able to pay these muppets 2 grand to clear this to now potentially 12 grand...

 

To me my WS feels strong but I'm no barrister or judge lol

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Pitfalls of litigation.....they may send a rent a sol or paralegal to keep their costs down and retain profit in your debt to the max...we have no crystal ball at CAG......

 

Given that this is a hearing for Strike out /Summary Judgment and the claim not having been allocated to SCT then costs wont be fixed and CPR 44.2 would probably apply.

 

This settlement has it been offered by way of a tomlin order ? F&FS or monthly pay ? any mention of costs in the tomlin order ?

We could do with some help from you.

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No - they will only take the full amount via tomlin order monthly payments,

but do not believe my income and expenditure

and I'm not willing to give them my personal bank details/statements etc so this is a no go.

 

They said they would take 6400 upfront payment to settle the account (although now waiting to see if that has since changed)

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Now they are saying I've rejected all offers, the 6400 isnt on the table, and now they want full evidence of ALL my income and exp in order to consider an offer, including - bank statements, pay slips, proof of expenses etc

 

This is impossible and I'm becoming affected mentally and causing me a lot of stress as I thought I could just settle.

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we'll that's because you keep ringing them

that's the idea

they know you are a headcase cause you keep ringing.

you should never have done that in the first place

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Im paying these people as I am really struggling from a mental capacity today.

 

I cant cope with going to court and its starting to affect my ability to concentrate on my job.

 

Do I have to pay the full amount in the judgement?

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Yes...and inform the court its been paid ASAP to cancel the hearing.

 

 

Andy

We could do with some help from you.

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They got me, they won :

( I'm really sorry for the anticlimax after all the effort you all have put in for me guys.

 

I've learned an awful lot from this and will keep my monthly contribution going indefinitely to this site as I think more and more people should be aware of it.

 

Also, I am in the tech business myself, if there is anything I can contribute for the forum on this side please let me know.

 

Guys urgent question

- they have now added another £700 in expenses on top of the original WS application form

- can they do this to me?

Really need to know asap.

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Added £700 to what...where ? Tomlin Order ?

We could do with some help from you.

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Wonder if they are going to seek judgment anyway, just a stunt these charlatans would pull; have they submitted an amended WS to the court with the extra £700?

 

You might have been better to have fought them.

We could do with some help from you.

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The bailiff: A 12th Century solution re-branded as Enforcement Agents for the 21st Century to seize and sell debtors goods as before Oh so Dickensian!

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Taking you for a fool no doubt

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

Link to post
Share on other sites

thanks

 

You guys should try and spend as much time understanding the psychological support avenues for people like me on this site, as well as trying to get people to defend their cases.

 

Court and legal action is not for everyone, and I simply could not risk a CCJ combined with the stress of probably 1000s more legal costs being claimed on top of what I already owed.

 

I just wanted to put this whole episode of my life to bed.

 

In terms of the settlement, it was £400 more than the amount stated on the WS.

 

They said this was the additional costs incurred during the negotiation period.

 

My question is are they allowed to add amounts on top of the noted costs with the original WS and application for Summary Judgement?

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We do fully understand the psychological aspects of dealing with matters as such...and appreciate court is not for everyone and everyone must deal with it in their own way in which they are comfortable and can handle the pressure.

 

Until if a claim actually gets to judgement...then the figure can vary in negotiations to settle...but given the the very limited information of how you actually settled then its difficult to advise.

 

If you did settle by consent (Tomlin Order) then there would be a cost to drafting the schedule and also a cost to file it with the court (draft would be from a standard template) and the court fee £50 so I would expect £100 tops...not £400 variance.

 

I would assume they have recouped their costs for their application for SO/SJ...and possibly requested a refund from the court at the same time...given the permitted time frame to vacate.

 

 

Andy

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHER

 

Have we helped you ...?         Please Donate button to the Consumer Action Group - The National Consumer Service

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Court and legal action is not for everyone, and I simply could not risk a CCJ combined with the stress of probably 1000s more legal costs being claimed on top of what I already owed.

 

they cant add anything more that whats on the claimform

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

Link to post
Share on other sites

Court and legal action is not for everyone, and I simply could not risk a CCJ combined with the stress of probably 1000s more legal costs being claimed on top of what I already owed.

 

they cant add anything more that whats on the claimform

 

Hang on then have they lied to me and taken another 400 quid illegally?

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