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Count Court Claim received MBNA\Optima


vint1954
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Hmm could be a pressure tactic or a mistake or simply that the courts havent opened all their post and sorted yet.

 

Would give it a couple of days and ring the court to check.

 

S.

Just managed to speek with the court. It seems they ave another couple of days to respond to the defence, then the bar comes down and they need to get a judge to agree lifting of the stay, then the judge looks at the application and defence.

 

I guess that after the stay is in place, then that is the best time to apply for a strike out.

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Just managed to speek with the court. It seems they ave another couple of days to respond to the defence, then the bar comes down and they need to get a judge to agree lifting of the stay, then the judge looks at the application and defence.

 

I guess that after the stay is in place, then that is the best time to apply for a strike out.

 

Hi Vint

 

Anything like our local court and the claimant will be presented with, as a matter of course, a 14 day extension on filing your application to strike out.

 

Can't seem to find any defining rule for this though as I note some others have had the benefit of a 14/28 day unless order and had claims struck out by virtue of failure to respond.

 

Personally I'd look for every opportunity for strike out, pretty sure they'll be looking for any chink in your armour to go for a SJ and in my mind whats good for the goose.........

 

 

Gez

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I think MCOL does get updated everyday....

 

If they have not submitted anything yet I think that should go in your favour Vint, as far as I read on other threads..

 

Now I am waiting for mine to find what they come up with..

Yes, looks as though you are right. Just checked the website and looked at the user guide. Typical bloke to read the instructions when all else fails.

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  • 2 weeks later...

Any update Vint - how are thngs going? ,my inbox is missing my Cag emails - not very good at sitting back and waiting.

Halifax Card (OH) -2.9% reinstated - Sucess!

Santander/House of Fraser (1) PPI Refund plus 8% plus LOC

Santander/House of Fraser (2) PPI Refunded plus 8% plus LOC

Penalty Charge Notice - Representation accepted and PN cancelled - £120

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No, only to confirm that they do not have the original.

 

Hi Vint

 

So what direction does this take you to then? (by asking questions I am educating myself along the way with the process :wink: - have been reading Uni booklets for my son all weekend and feeling very uneducated!!!:grin:)

Halifax Card (OH) -2.9% reinstated - Sucess!

Santander/House of Fraser (1) PPI Refund plus 8% plus LOC

Santander/House of Fraser (2) PPI Refunded plus 8% plus LOC

Penalty Charge Notice - Representation accepted and PN cancelled - £120

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Hi Vint

 

So what direction does this take you to then? (by asking questions I am educating myself along the way with the process :wink: - have been reading Uni booklets for my son all weekend and feeling very uneducated!!!:grin:)

Hi LB. The general direction that it is taking me is towards the Wine Rack.

 

The latest musings of these so called solicitors, just serves to infuriate me.

 

I have to go back to them though, just to correct their intended missrepresentations of what I have previously said. You would'nt want to buy a used car off of them.

 

The problem is, from what I have read, is that this kind of behaviour is tollerated by our legal system as part of the game:mad:

 

I just have to give it a couple of days, to reply in a precise manner rather than a knee jerk response.

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I have actually just received a letter from the court, stating that my embarrassed defence has been in front of the Judge, and if I wand a strike out, then I should put in an application and pay the fee.

 

The other side have provided slightly better documents but still missing original T&C's. Looks like a revised ED looming, just partially embarrassed now.

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same here vint they only partly replied to my to my cpr 31.14 and now i've recieved a n149 from my local court they're a joke

Couldn't agree more. Mine is still with Northampton, since December.

 

You need to go for them and hard.

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thanks vint i will but optima are very good at ignoring letters so i think i'll put it in my n149 any ideas who to issue the cpr 31.15 & 16.7.3 to should it be through the court?

31.15 to optima.

 

I will pop over to your thread.

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Here is the link to

 

SHAKTI'S THREAD

 

:D

Have we helped you ...?         Please Donate button to the Consumer Action Group

Uploading documents to CAG ** Instructions **

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy - HERE

2: Take back control of your finances - Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

BCOBS

1: How can BCOBS protect you from your Banks unfair treatment

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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