MBNA/Optima Legal/Court Papers Rec'd!

[Peedee123]

Id read their remarks about Civil Procedure Rules ( CPR) , and then compare it to what the relevant CPRs actually state! Optima are just making up rules and saying they apply to a relevant CPR when they bear no resemblance to the relevant CPR!

 

There is no such thing as a CPR16.7.3!

 

 

CPR - Rules and Directions - Ministry of Justice

 

Thanks for checking this out - I hadn't thought to do that... but boy, I'm glad you did! This will be going in my letter to them as well.

 

I'm going to check out the strike out process you mentioned as well

 

Thank you!

[GeoffreyAlby]

Thanks for checking this out - I hadn't thought to do that... but boy, I'm glad you did! This will be going in my letter to them as well.

 

I'm going to check out the strike out process you mentioned as well

 

Thank you!

 

Just a word of advice.... dont write a letter of reply for a few days.... it best to sit back, take stock, digest everything, do some research.... see what opinions are posted on here( because Im sure you will get invaluable advice), and then write a calm, robust, watertight reply.

[Peedee123]

Just a word of advice.... dont write a letter of reply for a few days.... it best to sit back, take stock, digest everything, do some research.... see what opinions are posted on here( because Im sure you will get invaluable advice), and then write a calm, robust, watertight reply.

Thanks for the advice and I will take my time in researching and preparing the letter.

One thing I find interesting is that in every other correspondence I've had from Optima they have given me deadlines (not that they were worth anything) but this time they haven't given me a time line in which to withdraw my defence - which either shows their incompetence or that they know they are on a hiding to nothing and people won't reply

Edited May 26, 2010 by Peedee123
typos

[GeoffreyAlby]

Thanks for the advice and I will take my time in researching and preparing the letter.

One thing I find interesting is that in every other correspondence I've had from Optima they have given me deadlines (not that they were worth anything) but this time they haven't given me a time line in which to withdraw my defence - which either shows their incompetence or that they know they are on a hiding to nothing and people won't reply

 

 

 

 

 

Also, they claim they dont have to provide a copy of the Default Notice? If it was mentioned in their POC, then they do if you requested it under CPR31.14.

 

Furthermore you say the DN is invalid due to the dates?

[Peedee123]

They haven't given me a deadline.

Yes, I definitely requested it under CPR31.14.

Yes, the DN is definitely invalid by a few days (they didn't allow for postage times etc)

Personally I think their case is very flawed - but then I would, wouldn't I? lol

[Peedee123]

They haven't given me a deadline, which is odd knowing the way Optima operate

 

I did request everything under CPR31.14 but didn't receive a thing in response - sent special delivery so I know it was delivered

 

The DN is invalid - haven't got the dates with me but can let you have them tomorrow.

[Peedee123]

Sorry for the double post... my internet keeps dropping and it's resulted in a double post!

[pompeyfaith]

Peedee,

 

Your getting good advice now, which is great hopefully this will be another claim down the pan for them.

 

Bless there cotton socks lol.

 

Remember to check out my thread in the link above as I'm sure you will gain more firing power to put in your letter.

 

As Geoff says take your time in replying and if you need anymore help with it just post here.

 

Regards

 

PF

[Peedee123]

Thanks PF. I've been making my way through your thread - unbelievable!!!

 

Thank you for your support and advice

[pompeyfaith]

unbelievable!!!

 

LOL aint it just, but excuse me if I ever use the term not surprised lol because Ive heard it all before.

 

I am currently waiting on the SRA'S finding as I submitted a big complaint to them.

 

I will not be happy until there licence is revoked.

 

PF

[wmr]

Thanks to "Geoffrey Alby" I have just come to your thread.

 

So I join the queue ! I have also received exactly the same this week with a footnote for me to sign that I will withdraw my defence.

 

It sems that it is a standard letter they are attempting to frighten people with. Thank goodness for CAG, as stated...some people would/may be frightened to death by such garbage.

 

Oh..by the way my sex has been changed again this week from a "sir" to "madam"! They can't get that correct. (This is the 4th letter calling me madam).

 

Stand firm all of us.

wmr

[Peedee123]

Thanks to "Geoffrey Alby" I have just come to your thread.

 

So I join the queue ! I have also received exactly the same this week with a footnote for me to sign that I will withdraw my defence.

 

It sems that it is a standard letter they are attempting to frighten people with. Thank goodness for CAG, as stated...some people would/may be frightened to death by such garbage.

 

Oh..by the way my sex has been changed again this week from a "sir" to "madam"! They can't get that correct. (This is the 4th letter calling me madam).

 

Stand firm all of us.

wmr

Welcome wmr! It's really good to know you aren't alone isn't it? - not that I want anyone else to go through this I must admit!

 

I have to say that my stomach did go over when such a hefty letter appeared from Optima and I thought 'oh here we go again' but after sitting back and reading it I began to question what they were saying.

 

Like you say thank goodness for CAG - its a great comfort and support to everyone in this situation.

 

Are you going to respond to this particular request from Optima?

 

Together we stand!!!

[citizenB]

Hi, thanks for this... How can I make sure they inform me of the date? Is it as simple as writing and asking them to keep me informed? Dumb question I guess!

 

Is this claim still with Northamtpon or has it been allocated to your local court ?

 

You should be advised by the court that an SJ application has been made. You will then have the opportunity to put forward a Witness statement in order to rebut any claims they have made in the application.

 

If the claim has been stayed due to their not continuing, then almost certainly they will first have to apply to have the stay lifted

 

If you are still missing documents, then you can ask for them again via CPR 31.14, alternatively you can apply to "inspect" the documents via CPR31.15. If they still mess you around, then you can apply to the court for disclosure.

 

You will find all you need to know about CPR31.14, CPR31.15 and disclosure in the following links by pt2537

 

http://www.consumeractiongroup.co.uk/forum/legal-issues/241827-legal-action-how-start.html

 

http://www.consumeractiongroup.co.uk/forum/legal-issues/255329-cpr-18-cpr-31-a.html

 

HTH

 

BTW, an SJ application is an attempt to have two bites of the cherry.. they apply for an SJ hearing in order to see how strong your case is.. if the court agrees that you have a chance of success then there will be a hearing proper.. or not, if Optima/MBNA decide to pull out once they see how strong your case is.

 

Just keep the pressure on them, by asking for documents they have not provided, or asking to inspect the originals of those they have that dont look quite right.

[Peedee123]

Thanks CitizenB... I have already requested via CPR31.14 and they haven't complied (that was back in February). The claim is still with Northampton CC and the acknowledgement of my defence was dated 25th Feb and it stated that that if I hadn't heard anything within 28 days then the action would be stayed. I haven't heard anything so is it safe to assume its been stayed? I tried to log on to moneyclaim online last night but I couldn't log on as it asked for a PIN which wasn't required when I filed my defence - or have I done something wrong?

[GeoffreyAlby]

Thanks CitizenB... I have already requested via CPR31.14 and they haven't complied (that was back in February). The claim is still with Northampton CC and the acknowledgement of my defence was dated 25th Feb and it stated that that if I hadn't heard anything within 28 days then the action would be stayed. I haven't heard anything so is it safe to assume its been stayed? I tried to log on to moneyclaim online last night but I couldn't log on as it asked for a PIN which wasn't required when I filed my defence - or have I done something wrong?

 

Moneyonline has changed, its something to do with centralising all the government online services.... "the Government Gateway", if you follow the instructions you should be able to re register and then get into your case at Northampton. I managed to do it, and as I thought my case was still stayed after Optimas failure to respond to my defence back in February/

[citizenB]

Thanks CitizenB... I have already requested via CPR31.14 and they haven't complied (that was back in February). The claim is still with Northampton CC and the acknowledgement of my defence was dated 25th Feb and it stated that that if I hadn't heard anything within 28 days then the action would be stayed. I haven't heard anything so is it safe to assume its been stayed? I tried to log on to moneyclaim online last night but I couldn't log on as it asked for a PIN which wasn't required when I filed my defence - or have I done something wrong?

 

 

No, you have done nothing wrong. You need to go back to the home page and register as an individual.. It is the middle box and you will see the following, with a register button to link you to the next page. You will need to give some personal details and also and email address. Print off the Gateway reference you will be given and also at the end you will be given another reference.. again.. print that off so you have a note of them. You will need to make a password up as well for future visits to the site.

 

https://www.moneyclaim.gov.uk/web/mcol/welcome

 

 

xx

Register as an Individual

 

 

 

You should register as an Individual if:

 

 

You wish to make a claim against someone who owes you money.

 

You wish to respond to a claim that has been made against you.

 

 

 

They have upgraded their system and I too thought I had landed on another planet lol.

 

But once you have completed the registration process you will be able to pop in the password you were given with the original claim and you will be able to see what is happening.

 

If you have any problems then I suggest you phone Northampton in the morning.. make sure you have the home page of moneyclaim open on your computer and ask them to talk you through the process of logging in.

 

HTH

[Peedee123]

Moneyonline has changed, its something to do with centralising all the government online services.... "the Government Gateway", if you follow the instructions you should be able to re register and then get into your case at Northampton. I managed to do it, and as I thought my case was still stayed after Optimas failure to respond to my defence back in February/

Thanks GA! I thought it was just me but I applied for the PIN anyway. Have you done anything since your case was stayed?

[Peedee123]

No, you have done nothing wrong. You need to go back to the home page and register as an individual.. It is the middle box and you will see the following, with a register button to link you to the next page. You will need to give some personal details and also and email address. Print off the Gateway reference you will be given and also at the end you will be given another reference.. again.. print that off so you have a note of them. You will need to make a password up as well for future visits to the site.

 

https://www.moneyclaim.gov.uk/web/mcol/welcome

 

 

 

 

They have upgraded their system and I too thought I had landed on another planet lol.

 

But once you have completed the registration process you will be able to pop in the password you were given with the original claim and you will be able to see what is happening.

 

If you have any problems then I suggest you phone Northampton in the morning.. make sure you have the home page of moneyclaim open on your computer and ask them to talk you through the process of logging in.

 

HTH

Oh, now I've read your reply maybe I have done the wrong thing! I'll have a go tomorrow follwing the steps you've given me and see how I get on. As if this wasn't all bewildering enough

[pompeyfaith]

Peedee,

 

Chase up that cpr31.14 request do not let them sit on it, they did this to me

 

I made a request in July 2008 and they did not respond to it until December 2008 and this was 1 month after them making an SJ application and 2 weeks before the SJ was to be heard.

 

You need all the information in good time to be able to respond to it and 2 weeks is not long enough.

 

PF

[GeoffreyAlby]

Peedee,

 

Chase up that cpr31.14 request do not let them sit on it, they did this to me

 

I made a request in July 2008 and they did not respond to it until December 2008 and this was 1 month after them making an SJ application and 2 weeks before the SJ was to be heard.

 

You need all the information in good time to be able to respond to it and 2 weeks is not long enough.

 

PF

 

Had your case been stayed? Am i correct in thinking that if a case has been stayed , they would have to apply to a judge to lift the stay before they could apply for a SJ.

[pompeyfaith]

Had your case been stayed? Am i correct in thinking that if a case has been stayed , they would have to apply to a judge to lift the stay before they could apply for a SJ.

 

Nope not stayed the case was in motion they knew that docs requested were outstanding and should of made sure they where sent in good time before trying to get a SJ as per CPR PART 1.

 

There SJ failed for this reason.

 

PF

[wmr]

Hi Peedee:

 

Thanks for your welcome. I thought it as only myself till Geoffrey mentoned it in a PM.

 

As Geoffrey stated:- Yes, I am replying but not till next week; I am making notes from the beginning and putting them in numerical order for response as to what they say. Just a business like firm letter! Not to let them see one is rattled. This they would enjoy.

 

The DN ...the agreement (application form in my case).. and my ppi which I found only by chance they had not returned from 2001 after sending them 5 letters. They opened up a can of worms here.

 

Optima said that MBNA have now returned £1500 "without admitting liability". No letter from MBNA on revised statement, nothing.

Now they say they have deducted it from what I owe them. Therefore the Court action has the wrong amount they claim.The DN has the wrong amount also. They can't see this of course! No revised statement or anything:...I am supposed to just accept £1500 at their word. What they have, in fact done is state that it has been refunded, but refunded it to themselve's if you see my point.!

 

I have insisted on a audit of the credit from 2001 and they completely ignore my letters. What they are trying to do is "divorce" the pppi incident from the action. They can't, as it has been part of the account for 10 years and they have been charging me interest of course.

 

My claim has been stayed as advised by the court.

Other than the above, I have had exactly the same letter as you.

EXCEPT of course, my sex change (this is the 4th letter with Dear Madam). Only problem is I can't fit into my wifes dresses to complete!!!

[Peedee123]

Good afternoon everyone! I rang Northampton CC today to find out the status of the claim that Optima have opened and they informed me it was stayed on 31st March.

 

Does this make any difference to the way I should respond to Optima's latest letter/request regarding me signing an agreement?

 

Many thanks

PD

[Peedee123]

BTW this is what they sent me:

 

Well its time to resurrect this thread as Optima have sent me a letter today inviting me to withdraw my defence otherwise they will apply for a summary judgement!

 

They claim that all the issues which formed the basis of my defence have been satisfied in their entirety and consequently, there are no longer any outstanding issues raised in my defence and I have no grounds on which to defend MBNA’s claim.

 

They have sent me

• A copy of a signature form and apart from my signature nothing is legible.
  
• A copy of something called ‘Financial & Related Conditions’ which has no date and isn’t attached to any signature
  
• Current terms & conditions
  
• Default notice (which due to the dates isn’t compliant)
  
• Six years worth of statements
  

They go on to say “the POC contained a concise statement which clearly states the nature of their claim and specifies the remedy the Claimant seeks. The Claimant avers that it has fully complied with the CPR.

Where a claim is based upon a written agreement and issued via Northampton county court Bulk Centre or issued online there is no need to attach a copy of the agreement under CPR 16 practice direction 16.7.3. This is made clear by CPR 7 Practice Direction 7E 5.2. Similarly there is no requirement to attach a copy of the default notice.”

[GeoffreyAlby]

Good afternoon everyone! I rang Northampton CC today to find out the status of the claim that Optima have opened and they informed me it was stayed on 31st March.

 

Does this make any difference to the way I should respond to Optima's latest letter/request regarding me signing an agreement?

 

Many thanks

PD

 

 

As far as I am aware they cant apply for summary judgement until they have applied to a judge to have the stay lifted.

 

It beggars the question that if they are so sure you have no defence why didnt they just go to court when they received your defence.