Pra group Claim form - old Mbna Credit card help

[metalman]

Thanks guy's plenty food for thought I'll consider a proposal and put it up for your perusal

Cheers mm

[martin2006]

You can view mediation as a means to negotiating settlement. You wont be able to make your arguments via mediation, its primarily for negotiation.

 

You should be asked if you have all the information you need to continue with mediation?

If you do not, mediation will not continue and it will end.

 

If mediation goes ahead it will consist of a few calls between the mediator and claimant and mediator and defendant. Both will give brief details regarding the case and defence and asked if settkement can be reached. If it cannot, the mediation will then end and a trial date will be set.

 

In a nutshell thats it.

[jackreacher]

Hi JR & Metalman

 

Yeah, I would favour an early settlement in some instances.

I just don't see the point going through the stress and committing the time seeing the claim all the way when there's a good chance a DJ will not back you on a technicality, when you can use the threat of going all the way as leverage to compromise with the claimant.

 

 

Most of aren't confident enough to convincingly argue something like the missing OFT factsheet to the degree where a DJ will be swayed - although I do get your point and think it's a valid one. However, can this be remedied, or is it fatal if the DJ sides with you.

 

my approach is to use the prospect of incurring legal costs during the process of going all the way to court to try to squeeze the claimant into a commercially viable settlement.

 

 

This is before you even show your hand, so there is also that element of doubt there too

- they don't know how good you are, and will know there's always the prospect of losing,

so accepting a reasonable settlement might prove tempting.

 

 

I wouldn't go in at 10% though, as they will deem you to just be a chancer.

I would personally knock any statutory interest off that they've added, plus an estimate of any default charges that may have been incurred while the account was live, then another chunk of 25-30% off to account for legal fees, general hassle and the prospect of losing.

 

 

Offer them that on a Tomlin Order that suits your financial circumstances....small monthly repayments over the longest term you can squeeze.

 

It's each to their own though.

PRA seem to take on debts that are easier to chase through the courts and are less speculative, hence I'd apply some reality.

If it were a Lowell claim though, I'd probably go all the way...as their claims are usually very dodgy and full of holes.

 

Sham

 

Good Interesting advice and appreciated Sham ..

 

There is a case won on the OFT fact sheet at para 13// http://www.bailii.org/cgi-bin/markup.cgi?doc=/ew/cases/Misc/2012/14.html&query=mayhew&method=boolean // but I am in fact a good reason not to use it.. I said they hadn't provided it.. the claimant actually agreed they hadn't provided it because they didn't need to, because my agreement was taken out before s88 (4A) that became part of the statute. I argued it was from when the DN was issued.. The Judge accepted I was legally right but then ruled in a narrative judgement that the bank would have sent one..lol!

 

If I had lost an immediate appeal would have been in. To be fair he wanted to rule outside of the technicalities of the CCA and I won, I think he felt sorry for the barrister as he also said 'no blame on him for the loss of the case' .

[mercyblue]

"You need to tell the judge you distinctly remember the DN notice coming (perhaps you have a copy that matches theirs!)

made a copy and there was no s88(4A) notice included..

.consequently you put the claimant to strict proof that it was."

 

JR are you suggesting here the op just lies?