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itsmine

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  1. This topic was closed on 2019-03-08. If you have a problem which is similar to the issues raised in this topic, then please start a new thread and you will get help and support there. If you would like to post up some information which is relevant to this particular topic then please flag the issue up to the site team and the thread will be reopened. - Consumer Action Group
  2. itsmine

    MBNA Loan

    This topic was closed on 03/07/19. If you have a problem which is similar to the issues raised in this topic, then please start a new thread and you will get help and support there. If you would like to post up some information which is relevant to this particular topic then please flag the issue up to the site team and the thread will be reopened. - Consumer Action Group
  3. I've just got my court date which is on the 21 November 2006. I my thought the case had gone cold but now its hot very hot. Only just got round to reading the documents sent from the court and I think going to need some advice for what documents need to be sent. Notice of Allocation to the Small Claims Track (Hearing) The court must be informed immediately if the case is settled by agreement before the hearing date. Each party shall deliver to every other party and to the court office copies of all documents (including any experts' report) on which he intends to rely at the hearing no later than 02 October 2006. The original documents shall be brought to the hearing. The Defendant shall file and serve not less than 14 days before the hearing, a bundle of authorities relevant to the issues in this case, Cases are listed in accordance with local hearing arrangements determined by the Judiciary and implemented by court staff. Every effort is made to ensure that hearings start either at the time specified or as soon as possible thereafter. However, listing practices or other factors may mean that delay is unavoidable. Furthermore, in some instances a case may be released to another judge, possibly at a different court. Please contact the court for further information on the listing arrangements that may apply to your hearing. Page 2 SMALL CLAIMS EXPANATORY NOTE AND WARNING Please read this carefully and ensure that you comply with it. Failure to do so may irreparably damage your case. 1. With this document you will have received the Court's directions —- -about your case and a hearing date. 2. It is vital that you fully comply with ALL the directions given at the right time. 3. In particular you must send to the court and to your opponent: (a) copies of your document OR if you have none a letter confirming this and (b) statement of you own evidence and of any other witnesses you intend to call or upon whose evidence you intend to rely to arrive by the date on the Court's direction order sent with this notice If you need more time you will need to apply for it in accordance with the Civil Procedure Rules. 4. The fact that you have attached statements and/or documents to your claim or defence or to your allocation questionnaire may not be compliance with the order. In particular you may not have given them to you opponent. Accordingly please re-read paragraph 3 to ensure that you have complied. 5. Your file will be referred to a judge without notice to you or your opponent before the hearing date and if you have failed to comply with the directions order the judge will consider: (a) dismissing your claim or counterclaim, (b) striking out your defence with judgment for your opponent against you, . © canceling the hearing, (d) refusing to allow you to call evidence, produce documents or raise issues, and (e) ordering costs to be paid by you.
  4. The clock is ticking and the time is running out HELP!!
  5. Thanks CrispDust. The form has come from the Court, form number is N24 General Form of Judgement or Order.
  6. I've followed the procedures of filling in the court forms and all was going well until to day. I've received a General Form of Judgement or Order. Upon reading the papers filed. IT IS ORDERED THAT 1. The Claimant must identify each and every debit on him, upon which £XXXX.XX is calculated,giving dates and amounts in each case and why he contends such debit was contrary to contract and agreed banking procedures to law by 4pm 24 July 2006 or claim struck out. 2. Defendant have permission to amend defence if so by 4pm 7 August 2006. 3. The file to be referred back thereafter. I'm at a bit of a loss here, I attached to the N1 form the spreadsheet identifying the charges giving dates and the amounts, and in filling out the N1 form why the debit were contrary to contract. Do I need to send a copy of the 'schedule' to the Court and Barclays and what reply do I need to give to their question (why he contends such debit was contrary to contract and agreed banking procedures to law)
  7. I've followed the procedures of filling in the court forms and all was going well until to day. I've received a General Form of Judgement or Order. Upon reading the papers filed. IT IS ORDERED THAT 1. The Claimant must identify each and every debit on him, upon which £XXXX.XX is calculated,giving dates and amounts in each case and why he contends such debit was contrary to contract and agreed banking procedures to law by 4pm 24 July 2006 or claim struck out. 2. Defendant have permission to amend defence if so by 4pm 7 August 2006. 3. The file to be referred back thereafter. I'm at a bit of a loss here, I attached to the N1 a schedule using the spreadsheet identifying the charges giving dates and the amounts, and in filling out the N1 form why the debit were contrary to contract.
  8. Just been informed by my wife that Barclays have entered a defence to the claim I may against them. What do I do now & how do I now need to proceed?
  9. Sorry for not keeping you up to date. Just like to inform you that my N1 claim form was filed on the 12 May 2006 and was served today the 17 May 2006. I'll fill the detail in the Litigation in Progress. Today I also received a letter from Barclays they are willing to offer me £800.00 as the sum in full and final settlement. This letter was the response to my LBA which has exceeded my time scale. Shall I reply to this letter, telling them that the Claim is in progress and that the amount claimed is £2770.77 which includes the interest and court fees.
  10. Just a quick update I've posted the second letter on Monday 24 April 2006.
  11. itsmine

    MBNA Loan

    Great News they settled in full!
  12. Issued the first letter on the 7 April 2006 requesting the repayment of the charges that have been added to my account. Received this reply on the 12 April 2002. Retail Banking Customer Relations Central Region P.O. Box 305 Northampton NN1 4WL Dear Mr xxxxxx I am sorry you have had to contact us about the charges on your account. Thank you for taking the time and trouble to do so. I have passed your concerns to our Head Office Customer Relations team and they will let you have a response or update as quickly as they can but no later than 10 May 2006. In the meantime if you need to speak to them please call on 0800282390. I have enclosed a leaflet explaining how Barclays works to resolve complaints. I hope you find this helpful. Thank you for bringing this to my attention. Yours sincerely. This looks like the their standard letter telling me to go and bury my head in the sand. I'm sticking to the timetable outlined in the first letter, just waiting to see if I will receive any further replies before I send the second letter before action.
  13. itsmine

    MBNA Loan

    Just letting you know I've now taken court action against MBNA, I will place the details in the Litigation in Progress.
  14. itsmine

    MBNA Loan

    MBNA have not replied to my second letter and today is the 14 day. I'm now completing the N1 Claim Form which I will be taking to the County Court tomorrow.
  15. itsmine

    MBNA Loan

    :)MBNA have replied to the first letter with their standard response, that is Under section 9 of the loan etc. and that they have followed the correct procedure. They also enclosed a copy of "Our Commitment to You" leaflet which explain their complaint handling process. Well it did not tell me how to get the charges refunded. Just issued MBNA the second letter before action.
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