PRA/Broadies Oridinary Cause claim - old MBNA credit card

[dx100uk]

now you are learning...

same as the Glasgow thing

its a fleecing dca

the original creditor is not involved nor funding any litigation against anyone nor paying to defend their T&C's 'with their deep pockets'

 

I know a lot more about the Glasgow case now

i'll post soon.

 

off to bed now you

 

stop worrying!!

[Noodlesgal]

My solicitor has advised me to consider offering a settlement.

He thinks costs may be prohibitive as the Glasgow Sherriff court one has become very labour intensive.

 

I don't want to offer a settlement.

They haven't submitted their defences

 

Unless they magic up a bit of paper where I agreed to be governed by english law or an implied law then I cant see how this is even a valid argument and I think they are trying to bully me into it,

 

I have paid £800 on legal fees so far and I only have about another £2900 left (ironically the original debt ppi refund which I think is low but that's another story)

 

My solicitor is saying if I need to hire an advocate, when he advises is likely even that wont be enough.

 

This is having massive detrimental affect on my mental health

I am getting annoyed at being bullied into paying money I believe they have no legal right to.

 

I feel like my solicitor is inexperienced, although he was vastly the most knowledgable one I spoke to,

one said "debts don't just stop after 5 years or else people could just not pay them" so mine seemed by far the best.

 

I asked what would happen if I just ran out of money he said "youd have to defend yourself" that is a big temptation but I just don't know if im mentally up to it.

,

[dx100uk]

you were a MUG to go to a solicitor in the first place!!

you didn't need him in the first place

but ofcourse you fell for his banter

let him loose

 

They haven't submitted their defences

not sure why you keep referring to them filing defences...

they are the claimant and don't file defences...

 

don't blink first

hold your ground

[autonomousone]

Hey Guys,

 

I'm not familiar with the ordinary cause process but presumably the claimant would have to motion such an argument prior to your hearing date right?

 

All the best

[dx100uk]

yep same as any procedure mind

they cant simply fly it out in court

 

and ofcourse they wouldn't win on it anyway

and neither will govan law lose!!

[autonomousone]

Thanks dx

 

Noodlesgal, I hope you can find the stength to face these bullies.

 

This is kind of irrelevant but was the solicitor you're currently paying on board with the statute barred defence to begin with?

It's kind of unprofessional of him/her to have such a change of heart just because of the possible position the claimant might take.

 

With the upcoming hearing you guys have,

do you know when the claimant has to get all their arguments and documents submitted to the court?

Or was there like a timetable of some type?

 

All the Best

[dx100uk]

well I would of expected an options hearing or atleast a simple case management hearing already in this case

it appears to be going nowhere...

 

unless the OP missed it?

 

time to ring the clerk and ask whats going on me thinks?

[autonomousone]

Does anyone know when the original Govan Law centre case is going to be discussed in court?

 

All the Best

[Noodlesgal]

It was debated on 22nd January and judge is now deliberating i believe?

That’s what my solicitor was saying, it’ll be a lengthy process therefore expensive

 

In answer to the other queries

my case was supposed to be heard start Feb but it was put back to allow me to submit defences so is now early/mid March.

 

well I would of expected an options hearing or atleast a simple case management hearing already in this case

it appears to be going nowhere...

 

unless the OP missed it?

 

time to ring the clerk and ask whats going on me thinks?

 

I’ll use the ring terminology probably but I’ve been advised my hearing/case whatever you want to call it court date was moved from start Feb to mid March

 

My solicitor agrees I have a case.

 

He doesn’t know what the outcome of the review of the treaty of Rome will be.

 

He feels there is a risk of ruling in their favour and has to advise me of cost of settling vs paying for legal fees and then possibly losing.

Thanks dx

 

Noodlesgal, I hope you can find the stength to face these bullies.

 

This is kind of irrelevant but was the solicitor you're currently paying on board with the statute barred defence to begin with?

It's kind of unprofessional of him/her to have such a change of heart just because of the possible position the claimant might take.

 

With the upcoming hearing you guys have,

do you know when the claimant has to get all their arguments and documents submitted to the court?

Or was there like a timetable of some type?

 

All the Best

[autonomousone]

Hey Noodlesgal,

 

Thanks for getting back to me. Assuming broadies does take that argument on the basis that they're pending judgment on the original case, wouldn't the court sist or postpone until the decision is made in the original case?

 

And when you were advised that the process will be lengthy and costly, did he explain specifically how and why it would be drawn out?

 

Oh sorry,

 

Something else, has there been any discussion about Legal Aid if you do continue to remain with your solicitor?

 

all the best

[Noodlesgal]

I’ve been away, I will try and do a full update today with the agreement broadies have provided etc.

 

If I’m honest I don’t have much confidence in my solicitor but I spoke to a few and he was the best by far (one saying that extinguishes debts don’t exist, a few saying they have no experience in this area etc) but he seems worried on my behalf and seems to genuinely think settling is for the best.

 

I am speaking to him today,

any advice on what I need to ask him?

Re legal aid,

 

he said I wouldn’t qualify,

I earn over £30k but my outgoings are huge, childcare is extortionate, so my disposable income is around £160 a month after everything is paid for.

 

I got my MBNA ppi check through today which was £2900.

I put it through the calculator and it should’ve been much more.

I’ve never said I accept it or anything so I’m not sure where to go with that.

[dx100uk]

The debt is extinguished

You don't need any solicitor

You don't need legal aid

[Bazooka Boo]

And if MBNA have palmed you off, DON'T cash the cheque, inform them they've either sent the wrong cheque, or calculated their figures wrong as it should be xyz.

[Noodlesgal]

The debt is extinguished

You don't need any solicitor

You don't need legal aid

 

So what are the logistics going ahead then?

I’ve asked my solicitor what happens after this hearing if they use the 6 year English rule?

 

My understanding is it goes to debate.

I wouldn’t be able to debate it would I?

 

If for example Mike Dailly hadn’t done the debate for the Glasgow case I believe PRA would’ve asked for a ruling in absence or some similar legal term I don’t understand.

 

That’s my fear I don’t know what the steps are after this.

I can’t see how I will be able to do it myself.

If it was a simple go and show last payment was over 5 years ago I’d be fine but if it’s going to be drawn out and require legal submissions

 

i don’t know how I’d manage that.

 

And if MBNA have palmed you off, DON'T cash the cheque, inform them they've either sent the wrong cheque, or calculated their figures wrong as it should be xyz.

 

I take it it’s inferred acceptance if I cash it?

[dx100uk]

Yea and we can speculate till the cows come home if its going to rain tomorrow.

 

Not sure where you are getting 90% of this rubbish you keep posting!!

[Noodlesgal]

I don’t know what you mean? I’m just asking help to understand the process?

[dx100uk]

What process?

[autonomousone]

Hey Noodlesgal & dx,

 

I hope you're well. I too am curious about what would happen if you go through the ordinary cause procedure by yourself at this point. So just to summarize at this point, and correct me if I've got anything wrong:

 

 

• You were told by the court that there was going to be a hearing in March as you've already advised the court the debt is statute barred right?
  
• The couurt advised the claimant they have up until two days before the hearing in march to submit their plea and documents?
  
• The claimant during a phone call with your solicitor said that they would try and use another test case arguing for English statute limits instead of Scottish; but they haven't confirm this yet?
  

Did the court advise anything else, or make any other orders?

 

And for anyone whose familiar with ordinary cause procedures, what would a defendant, who is stating their debt is statute barred, have to do (or argue) at a hearing if the claimant is saying the debt isn't statute barred because of another court case that's pending?

 

Sorry to be so invested in your thread Noodlesgal, I'm currently disputing a claim where the original creditor was English but I took it out in Scotland.

[dx100uk]

would be nice if we knew what type of hearing is coming up

option, CMD or what?

 

I very much doubt they have been given until 2 days before whatever to intimate their docs IF they are providing anything at all...

would be vice if we could see the sheriffs orders for this hearing scanned up to PDF.

 

the defender wont be arguing anything

its for the claimant to prove the debt is not statute barred

not the otherway around.

 

you both need to read this thread

https://www.consumeractiongroup.co.uk/forum/showthread.php?482558-What-To-Do-Ordinary-Cause-Action-Claims-Scotland(2-Viewing)-nbsp

and all its docs and the scot court links too its all there

that explains the procedure

[autonomousone]

Hi Eveyone,

 

Has anyone found out if there's been any updates regarding the first Rome 1 case hearing?

 

All the best

[Noodlesgal]

Brodie’s have sent a copy of the judgement in their favour to my solicitor today

[dx100uk]

scan it up to ONE PDF please

read upload

[Noodlesgal]

I will as soon as he sends me a copy.

I’ve asked him to send me everything over as I won’t be using him any further, so as soon as I get it I will share what I can.

I hope he emails but from previous experience he might post it.

[dx100uk]

well theres no update on govan law website...urm..

http://govanlc.blogspot.co.uk/

[Noodlesgal]

Yeah I guess they maybe wouldn’t update it the same day the judgement came out.