Brunel Franklin - Urgent help needed MBNA agreement - theyve dropped helping my friend!

[smegbot]

A friend is going through a CMC with an unenforceable CCA against MBNA on a no win non fee basis - court date set and everything, now they have received a letter from the handling solicitor saying they are going to drop the case as they do no believe they will win in view of recent cases that have gone against the claimant.

 

Serious dilemma now as the terms of the conditional fee do state they may terminate at any time - and might have to pay their disbursements.

 

Anyone else been in this situation? Can anyone give advice? Thoughts are to take the case on himself, but at the risk of losing of course, although the handling solicitor agreed to pursue it, MBNA having not responded to the request for the CCA (from about 1992 apparently so they are probably very unlikely to dig it out now)

 

Any advice greatly appreciated

[stevehatesbankers]

Hi smegbot, who is the CMC

[smegbot]

Brunel Franklin (please don't groan!)

[haggis1984]

General adviice ive been getting from caggers more experienced than me seems to be that its risky to bring an unenforceable case, much better to wait untill the creditor takes action and then defend. Recent judgements suggest that judges are frowning upon cases bought by debtors and are seeing it as debt avoidance.

 

The recent cases in themselves aren't all bad news, have a look here:

 

http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/240186-dissecting-manchester-test-case-52.html

[smegbot]

Thanks Haggis, some education needed on this site then decide what can be done about Brunel wasisface bunch -

[haggis1984]

No probs. Lemme know once youve absorbed that thread - Im subbed to loads I can point you towards

[the_shadow]

A friend is going through a CMC with an unenforceable CCA against MBNA on a no win non fee basis - court date set and everything, now they have received a letter from the handling solicitor saying they are going to drop the case as they do no believe they will win in view of recent cases that have gone against the claimant.

 

Serious dilemma now as the terms of the conditional fee do state they may terminate at any time - and might have to pay their disbursements.

 

Anyone else been in this situation? Can anyone give advice? Thoughts are to take the case on himself, but at the risk of losing of course, although the handling solicitor agreed to pursue it, MBNA having not responded to the request for the CCA (from about 1992 apparently so they are probably very unlikely to dig it out now)

 

Any advice greatly appreciated

 

Your friend has a few problems then...

 

If he continues, he more than likely will lose if MBNA have supplied "something" in response to the s78 request.

 

If he dis-continues, he's liable to the defendants wasted costs unless its small claims track in the norm. If its a hearing on the back of an application then its NOT protected by small claims and *could* have significant costs implication.

 

Suggest your friend reads up on the Manchester case and pick out the points that other CAGGERS have raised on the thread quoted above, it could be his saving grace if he's confident in a court environment.

 

S.

[smegbot]

OK, having read some of the Manchester thread, it answered some questions but raised others...

 

agree that defendant is the way to go if he decides to go it alone

 

however...costs that the solicitors may impose if the case is discontinued, are a real worry - its just over the limit for a small claim too.

 

could he argue that the solicitor/brunel franklin have been negligent in letting it get this far (been going on since may 09 and court date set apr 10) or even taking the claim on in the first place? what other line of defence would/could he have?

 

would it be best to argue with brunel franklin or the solicitors?

 

I can't seem to find anywhere on the interweb anyone who has been in this situation...

 

Any more input would be gratefully received

[haggis1984]

So the solicitors have decided that not to go ahead and now want him to pay up? Doesn't seem very fair - its their choice.

 

Has he signed anything with them? If so would be useful to scan it in and post up here so people can have a read.

[the_shadow]

Arrrghhh... Must pay more attention... repeat 100 times

 

Ok, the solicitors have said they are dropping the case, what exactly did they say this entailed... where is the case at present? has a claim been issued?

 

I may have jumped the gun with the warning about costs.. Very sorry! if no court action has taken place yet then he's not liable for anything other than possible costs his solicitor has racked up, and if theyre not chasing then no problem.

 

S.

Edited January 27, 2010 by the_shadow

[the_shadow]

I wasnt going to edit the previous message again... its already been done twice

 

Somedays you just have to give up!!!!!

 

 

 

Right, ok I've just seen the post that stated a court hearing is in April.... has your friends solicitors vacated that hearing?

 

S.

[smegbot]

Hi, well the solicitors letter does not confirm that, I suspect they are waiting a decision, will have to trawl the paperwork again. If they do vacate, I presume they will be then trying to recover their outlay thus far....will update later.

[the_shadow]

Hi, well the solicitors letter does not confirm that, I suspect they are waiting a decision, will have to trawl the paperwork again. If they do vacate, I presume they will be then trying to recover their outlay thus far....will update later.

 

It all depends on what the contract between your friend and his solicitor states I presume...

 

If a hearing is vacated and the case is trackless, (i.e. not assigned to small claims court) then the other side is allowed to ask for wasted costs, basically anything they have incurred to defend the claim. What I dont know is :-

 

a) If his solicitors through their initial insurance will pick up that cost but drop the case.

b) If his solicitors through their initial insurance will pick up that cost but charge for their own disbursements.

c) Whether they will pick up no costs and your friend could be liable for all the costs.

 

Sorry to add such uncertainty but they need to speak to the solicitors urgently and ask for clarification of costs involved.

 

S.