MBNA/Optima Court action

[MisterV]

Nov 08 - S77 request to MBNA

Dec 08 - Missed 12 day deadline to produce CCA.

Dec 08 - Recieved copy of CCA and new t&c's.

Jan 09 - I sent letter in dispute, no further payments letter.

Feb 09 - 1st Letter from Aegis, instructed by MBNA to obtain payment.

Feb 09 - MBNA withdraw credit line and inform DCA's.

Mar 09 - I inform MBNA a/c is still in dispute and dtop phone harrasment.

Mar 09 - MBNA threat of default notice.

Apr 09 - 1st Letter from Optima, Notice of Legal Action.

May 09 - MBNA issue default notice (done correctly i think!)

Jun 09 - Optima threat of Bankruptcy, charging order etc.

Jun 09 - Receive paers from Northampton CC

Jun 09 - I send acknowledgement of Service

Jun 09 - Sent CPR31.14 request to Optima

Jul 09 - Optima confirm they cannot provide information in 7 day deadline

Jul 09 - I allow them a further 14 days.

Jul 09 - Optima send photocopy of CCA (same as MBNA did originally)

Jul 09 - Then send a copy of new t&c's (same as MBNA did originally and

copy of DN

Jul 09 - Send my defence to Northampton CC

Letter to Optima asking for amended POC and copies of

documents they rely on in court.

Jul 09 - Optima send copies of a/c statements

Aug 09 - Ask Optima to fully comply with CPR request and forward comm

log.

Sep 09 - Copy of Optima AQ received.

Oct 09 - Standard order for stay.

Oct 09 - Offer to try and reach agreement out of court.

 

Oct 09 - Jan 10 - Failed to reach agreement.

Jan 10 - CPR 18 Request to Optima

Jan 10 - Further stay granted

Jan 10 - Letter to court stating how I am trying to obtain information

from Optima.

Feb 10 - Optima apply for Summary Judgement, hearing in May.

[MandM]

Nice one MrV.

 

Will have a read back through your thread this evening.

 

So are we saying that we are looking to strike out due to their non-compliance with CPR?

 

M

[MisterV]

Hopefully, Thanks for that, much appreciated.

[pompeyfaith]

hiya mister v sorry been away 4 a bit right n244 yes at least a week before ill be back this evening to help

 

CPR PART 1 springs to mind more when i return this evening

[MandM]

hiya mister v sorry been away 4 a bit right n244 yes at least a week before ill be back this evening to help

 

CPR PART 1 springs to mind more when i return this evening

 

Mr Faith!!!! Long time no speak. How are you doing old chap? Hope all is well for you.

 

Due to your rather extensive knowledge of Optima i'll hold off and see what you have in mind for the N244 first. Will still have a read and get up to speed and chip in where I can. More eyes always helps

 

Hope life is good.

 

M

[pompeyfaith]

MandM

 

Hiya m8 yes I'm fine I just took a well earned break from CAG as I need to devite some time to my family plus my mum is not well and so soon after losing our dear dad.

 

Still I'm back now to help where I can

 

Please do join in here as more hands makes light work lol.

 

Right firstly due to me being away I'm going to read though this thread again to get up to speed.

 

BRB

 

Part 1 OVERRIDING OBJECTIVE

 

Contents of this Part Title Number The overriding objective Rule 1.1 Application by the court of the overriding objective Rule 1.2 Duty of the parties Rule 1.3 Court’s duty to manage cases Rule 1.4

The overriding objective

 

1.1

 

(1) These Rules are a new procedural code with the overriding objective of enabling the court to deal with cases justly.

 

(2) Dealing with a case justly includes, so far as is practicable –

(a) ensuring that the parties are on an equal footing;

 

(b) saving expense;

 

© dealing with the case in ways which are proportionate –

(i) to the amount of money involved;

 

(ii) to the importance of the case;

 

(iii) to the complexity of the issues; and

 

(iv) to the financial position of each party;

 

 

(d) ensuring that it is dealt with expeditiously and fairly; and

 

(e) allotting to it an appropriate share of the court’s resources, while taking into account the need to allot resources to other cases.

 

 

 

Application by the court of the overriding objective

 

1.2

 

The court must seek to give effect to the overriding objective when it –

(a) exercises any power given to it by the Rules; or

 

(b) interprets any rule subject to rules 76.2 and 79.2.

 

 

 

Duty of the parties

 

1.3

 

The parties are required to help the court to further the overriding objective.

 

 

Court’s duty to manage cases

 

1.4

 

(1) The court must further the overriding objective by actively managing cases.

 

(2) Active case management includes –

(a) encouraging the parties to co-operate with each other in the conduct of the proceedings;

 

(b) identifying the issues at an early stage;

 

© deciding promptly which issues need full investigation and trial and accordingly disposing summarily of the others;

 

(d) deciding the order in which issues are to be resolved;

 

(e) encouraging the parties to use an alternative dispute resolution(GL)procedure if the court considers that appropriate and facilitating the use of such procedure;

 

(f) helping the parties to settle the whole or part of the case;

 

(g) fixing timetables or otherwise controlling the progress of the case;

 

(h) considering whether the likely benefits of taking a particular step justify the cost of taking it;

 

(i) dealing with as many aspects of the case as it can on the same occasion;

 

(j) dealing with the case without the parties needing to attend at court;

 

(k) making use of technology; and

 

(l) giving directions to ensure that the trial of a case proceeds quickly and efficiently.

[MisterV]

A very welcome back PF, i will be on later, work at the moment has made it difficult for me to be online.

 

That looks interesting !

 

What time will you be around until PF?

[pompeyfaith]

brb just giving my son a lift lol hiya vint hows you

[vint1954]

brb just giving my son a lift lol hiya vint hows you

Whato PF, not so bad thanks.

 

Good to see you back. Hope you mum is on the mend soon

[pompeyfaith]

I'm here till about 11:15hrs

 

Well that CPR PART 1 is very clear in that the claimant must get all there ducks in a row first before bring a case to court so as to minimize court time.

[MandM]

Well that CPR PART 1 is very clear in that the claimant must get all there ducks in a row first before bring a case to court so as to minimize court time.

 

So are you looking to SO due to them not responding to CPR requests?

 

M

[MisterV]

Hi guys, is SO the route forward in my situation?

[MandM]

Hi guys, is SO the route forward in my situation?

 

I'm assuming thats where PF is heading as reading your summary it seems you're still waiting for a full response to your CPR18 request. It seems that time is very much on your side too.

 

Did they answer the 31.14 request fully?

[MisterV]

Have only had a copy of the CCA, copy of DN and copy of statements. No further correspondence.

[MandM]

Have only had a copy of the CCA, copy of DN and copy of statements. No further correspondence.

 

Were these acceptable and correct? Do you have an original DN? What info have they not sent in response to your CPR letters?

 

Apologies for bombarding you with questions

 

And I have some more reading to do yet . Getting there.

 

M

[MandM]

Let's see what PF comes back with. Wow, this is a mighty long thread MisterV

[MisterV]

Thats ok, They have sent the CCA, although that is in doubt if the cannot produce an original with prescribed terms?

They have sent DN, statements and copy of t&c's but no termination notice.

Have they conformed?

 

I know !, I just hope other people can get some help from it aswell. Thanks for your input.

[MandM]

Thats ok, They have sent the CCA, although that is in doubt if the cannot produce an original with prescribed terms?

They have sent DN, statements and copy of t&c's but no termination notice.

Have they conformed?

Undecided as yet as i need to read more.

[diddydicky]

i don't think the "termination notice" is an issue since the issuing of proceedings is evidence enough that they regard the agreement as terminated!!

[pompeyfaith]

thats why you need sight of the comms log because if it states "charged off" you can bet it is terminated plus the date they did that is very relavant too as it has been known that MBNA teminate before defaulting indeed the comms log can throw a spanner in their works

 

More tomorrow PF

 

the cca on the bottom right cornor there is some doc numbers now as that is the front and back are they the same as i cant quiet make it out

[MandM]

thats why you need sight of the comms log because if it states "charged off" you can bet it is terminated plus the date they did that is very relavant too as it has been known that MBNA teminate before defaulting indeed the comms log can throw a spanner in their works

 

More tomorrow PF

 

Indeed they do. Is there a comms log here? Was it requested in either SAR or CPR18?

 

M

[pompeyfaith]

MisterV should have got this under the cpr 18 request if not they are in default of that request and this is where cpr 1 comes into play

[MandM]

MisterV should have got this under the cpr 18 request if not they are in default of that request and this is where cpr 1 comes into play

 

With you now PF . So, applying to SO for non response to CPR it is. What else was missing?

 

M

[pompeyfaith]

yes we can go for an unless order on an n244 giving them 14 days to comply we need comms log and the T&C's that came with the card in default of the order the claim be struck out thats the gist the chances of them complying 0.001%

[MandM]

yes we can go for an unless order on an n244 giving them 14 days to comply we need comms log and the T&C's that came with the card in default of the order the claim be struck out thats the gist the chances of them complying 0.001%

 

Sounds as sound as a pound to me .

 

Do you have some nifty wording for the order squirreled away somewhere?

 

M