CL Finance/Cohen Claimform - MBNA [ryanair] Credit Card debt **WON**

[Reader]

Subbing with interest..

[angel_1]

:cool:hiya Gazza

 

just passing by today glad you are continuing with this keep positive and hiya to all who im trying to catch up with

 

see you all laters angel x

[Gazza112]

Hi Angel

 

Yes, still keeping positive this one should be coming to a conclusion very shortly. Can't say much more about it at this time.

 

Gaz

[Gazza112]

Hi All

 

 

Just like to thank eceryone who helped me with this case especially CCM who was fab with the defence that was submitted. Also like to thank CitizenB, Sunflower, PT Angel for all there help.

 

The latest is i phoned the Courts and they have confirmed that this case has been struck out. But they won't confirm in writing.

Is there anyway i could get them to put it down in writing that this one by the Judges order has been struck out.

 

On my other MBNA not so good news, they put there AQ's in on the last minute. So still need help when the paperwork comes back from the Courts for that one.

 

Gaz

[citizenB]

Gazza, the order you received originally, did it say something like ... If they didnt do XYZ then the case would be struck out ?. If so, it would be good to keep that

 

Other than that, I am not aware if you can get the court to write confirming this. Seems daft that they dont .

[Gazza112]

Gazza, the order you received originally, did it say something like ... If they didnt do XYZ then the case would be struck out ?. If so, it would be good to keep that

 

Other than that, I am not aware if you can get the court to write confirming this. Seems daft that they dont .

 

 

Hi CitizenB

 

Yes, i did receive the XYZ letter from the Courts stating about if they don't comply the case would be struck out.

 

Gaz

[car2403]

They should be issuing an order to the effect it's struck out, unless it was an unless order and the other side hasn't complied, in which case a strike out should be automatic on referral of the case file to a Judge - I'd still expect you'd receive an order striking out, though.

[Gazza112]

Hi Car

 

Thanks for that, just that it put me off guard a bit as they put they AQ's in for one and never bothered putting there AQ's for the other which as now got a strike out.

Just have to wait and see what they put in there AQ's for the other one.

 

Gaz

[underdog13]

Congrats Gazza - here's hoping your second MBNA case goes the same way as the first:)

[Gazza112]

Thanks Underdog

[sunflower99]

brilliant news! Gaz:D

[Gazza112]

Thanks Sunflower for your support, still need to sort the other MBNA out though so will hold onto the celebrations till i get that one sorted from MBNA.

 

Gaz

[cashins]

still need to sort the other MBNA out though so will hold onto the celebrations till i get that one sorted from MBNA.

 

 

True, but being one up is a good start and shows despite their posturing, they're not as good as they would have you believe.

 

Well done

 

david

[Gazza112]

Thanks David

[Gazza112]

Hi All

 

Just wanted a bit of advice on this case.

As this case has been struck out by the DJ, can i claim expences for my time? as it never wen't to Court.

 

Gaz

[cashins]

Yes, a wasted cost claim.

 

Never had to do it so not sure, but obviously someone will jump in on that.

 

david

[steven4064]

THere is a link in the bank templates libraray to a letter requesting a wasted costs order

[Gazza112]

Thanks Cashins

[Gazza112]

Thanks Steven i'll look at that and get something sorted out.

 

Gaz

[Gazza112]

Hi All

 

Is this the draft letter i could use to claim costs.

 

Draft General Form of Judgment or Order

 

 

 

 

 

In the XXXXXXX County Court

 

 

 

Claim Number XXXXXXX

 

 

 

Between

 

 

 

 

 

 

Claimant’s name

 

 

 

 

 

 

And

 

 

 

 

 

 

 

Defendant’s name

 

 

 

 

 

 

 

Upon reading the claimant's letter dated dd mmmmmm 200x,

 

 

IT IS ORDERED THAT

 

 

1. Defendant to pay Claimant ' s costs , the Court being satisfied that the Defendant acted unreasonably in defending the claim without any intention of allowing the matter to trial.

 

 

2. Claimant' s costs summary assessed at £xx.xx , based on Claimant' s schedule and allowing xx hours preparation time.

 

 

3. Defendant to pay £xx.xx to Claimant by 4pm on dd mmmmm 200x.

 

 

4. NOTICE OF ORDER MADE WITHOUT A HEARING

Because this order has been made by the court without considering representations from the parties. the parties have a right to apply to have the order set aside. varied or stayed .

A party wishing to make an application must send or deliver the application to the court (together with any appropriate fee) to arrive to the court office within 7 days of receiving this order.

 

 

 

Dated dd mmmmm 200x

 

 

 

 

Gaz

 

[citizenB]

surfaceagentx20 prepared some information in respect of wasted costs. At the bottom of the posts there are a couple of pdf's with draft costs that might help.

 

http://www.consumeractiongroup.co.uk/forum/show-post/post-1701510.html

 

HTH:D

[Gazza112]

Cheers CB

[miss muppet]

Well done Gazza!

[Gazza112]

Thanks Miss Muppet

[guzzleguts]

Great news Gazza.

 

I claimed wasted costs against NEXT, i used x20's thread, great advice.

 

If i remember correctly, you fill out the wasted costs order online, and prepare a bill of costs to send with it.

 

I can PM you what i sent if thats any help!

 

GG