MBNA Charges as a result of PPI inflating balance***Success Claim Won ***

[Guest alan703]

I contacted Govan Law Centre, but they told me they did not offer advice over the phone, only in person. I found this strange as I'm sure other people on here have contacted them by email.

 

I am not in any debt, so would not have thought of contacting the debt line?

 

i intend on beating theses F*****s on principle

[AndyOrch]

Why not just complete the AQ and include in "other" the difficulties you are having on processing this claim due to jurisdiction and being LiP.

In location of Court again state that you would like it transferred as close to the border as possible.....Carlisle .....

 

I really cant offer any other suggestions Alan.

 

Regards

 

Andy

[AndyOrch]

Duplicate

[Guest alan703]

i have gone over the practice direction 7E

 

It specifically says

The claimant must have an address in the United Kingdom - 4(3a)

The defendant must have an address in England or Wales - 4(6)

The court will transfer the claim to the county court for the district in which the claimant’s address for service on the claim form is situated. -12.2

 

12.2 does not say anywhere that it cannot transfer to specific courts within the UK, but does make reference to "county court"

 

I am going to fill out the AQ, referencing the material that has lead me to file my claim online, and the reasons the case should be heard in my local court

[AndyOrch]

i have gone over the practice direction 7E

 

It specifically says

The claimant must have an address in the United Kingdom - 4(3a)

The defendant must have an address in England or Wales - 4(6)

The court will transfer the claim to the county court for the district in which the claimant’s address for service on the claim form is situated. -12.2

 

12.2 does not say anywhere that it cannot transfer to specific courts within the UK, but does make reference to "county court"

 

I am going to fill out the AQ, referencing the material that has lead me to file my claim online, and the reasons the case should be heard in my local court

 

Let me know what transpires.

 

Regards

 

Andy

[Guest alan703]

Here's how I have worded it - I am also going to inform them that MBNA did not respond to the letter before action, so did not comply with practice direction on pre action conduct

 

As this case relates to a consumer contract, and I am the consumer -

My case needs to be heard at

My Local Sheriff Court

As per the terms of the "Civil Jurisdiction and Judgements Order 2001 Sch. 1 para. 7(3)".

Also in accordance with Practice Direction 7E para. 12.2

 

The time and expense involved for me to attend a court in the defendants jurisdiction would be unreasonable, and could outweigh the value of the claim.

[AndyOrch]

Thats fine...... see what response you get on the Notice of Allocation.

[Guest alan703]

And my other info

 

MBNA have not complied with the Practice Direction - Pre Action Conduct.

MBNA did not respond to my Letter Before Action, although their attention was drawn to Section II (4) of the Practice Direction.

As my letter was not responded to, i still await

1. A copy of the MBNA Credit Card Terms and Conditions which applied in 1998 when the agreement was signed.

2. A transaction list covering 5/98 - 11/98 which was missing from my Subject Access Request - which was not fully complied with in accordance with the Data Protection Act.

 

Now that I am aware of the Defendants defence, I would also request that they provide me with a detailed breakdown of the costs that were incurred by them as a result of my own transgressions.

 

I disagree my claim should be struck out due to being time barred, as Section 32(1)(b) of the 1980 Act postpones the commencement of the limitation period where

"any fact relevant to the plaintiff's right of action has been deliberately concealed from him by the defendant".

In such a case the period of limitation does not begin to run until the plaintiff discovers the concealment or could with reasonable diligence discover it.

Section 32(2) provides:

For the purposes of subsection (1) above, deliberate commission of a breach of duty in circumstances in which it is unlikely to be discovered for some time amounts to deliberate concealment of the facts involved in that breach of duty."

[Shelley181146]

And my other info

 

Hi Alan,

Just wondering how you are getting on with this case and if "Section 32(2) provides:

For the purposes of subsection (1) above, deliberate commission of a breach of duty in circumstances in which it is unlikely to be discovered for some time amounts to deliberate concealment of the facts involved in that breach of duty." this paragraph helped?

 

I am cautious when quoting s32 because many DJ's respond with the "could with reasonable due diligence discover it". What's your thoughts on getting around that response?

 

Only asking because I have had extreme struggles with DJ's in this regard.

 

Shelley

[Guest alan703]

The English court seems REALLY slow. I have only just received a response to a letter I sent weeks ago, asking about the possibility of dismissing my case without prejudice (so I could raise it at my local court), as I raised it on MCOL with the belief it would be transferred to my local court. The response was the Judge did not know if the case was dismissed, would Scottish Law would allow it to be heard again. Still looking for advice on this.

 

To get round reasonable diligence for me is easy. 4 years and 8 months prior to my claim, my accounts were in the hands of an Insolvency Practitioner - I had nothing to do with the dealings of my accounts, therefore was not aware of any action I could raise - Proven on paper and cannot be argued with.

 

Reasonable diligence is anyone's guess, and is in the hands of the judge to decide. I would say there is still a window just now, as the court ruling that allows us to claim was in April 2006. It is only December 2012 - 6 Years and 8 Months on.

 

So, is it reasonable to expect anyone who has a valid claim to be aware of it within 8 months of the ruling? When even people in professional sector aren't fully aware of what's going on? (if they were, my Insolvency Practitioner would have reclaimed it, wouldn't he? He had 18 months from the ruling until my discharge to deal with it.) If it is agreed the answer is no - that places you within the 6 years time limit, regardless of when you did actually discover it.

 

I don't remember seeing any advertisements from the banks admitting that they had made a lot of money from charging us inflated default charges, and that we should get in touch to claim it back.

 

search OFT842 - which was published in 2006

Edited December 16, 2012 by alan703

[Shelley181146]

Hi Alan,

That is a very good explanation and you and I have that in common because I was also involved with I.P some months before you.

 

On the point of the English Court process, you can't begin to imagine the difficulties I have experienced, mainly due to the decision of centralising the courts administration process - this has had terrible impact on the court and it's staff.

 

Have you discovered anymore re your post #122?

 

Shelley

[Guest alan703]

I'm still waiting for either the court to get back to me with the next step

 

or

 

Someone here to advise me how to withdraw the claim, without losing the right to raise it again in another jurisdiction

[Shelley181146]

I would be inclined to contact the courts again then Alan because they are in a mess and you can't use their failure to advise you as any argument, they will say it is up to you to follow up these things

[Guest alan703]

Does no one know how to withdraw a small claim without losing the right to resubmit it later in another jurisdiction?

[AndyOrch]

Notice of Discontinuance N279 ...state you wish to represent the claim in other Jurisdiction...you mat be liable for wasted costs if Fast Track.

 

Andy

[Guest alan703]

Notice of Discontinuance N279 ...state you wish to represent the claim in other Jurisdiction...you mat be liable for wasted costs if Fast Track.

 

Andy

 

 

Thank you.

 

I've no idea what fast track is - but it certainly isn't moving fast. It has been allocated, and a response to my letter, that is it.

 

In that time, I have filed a claim in Scotland, had two hearings, and received a cleared settlement the day before the third.

 

My claim is a little over £3k, so it should just be a small claim.

 

How do I fill the form out? There doesn't appear to be a part to state why I am discontinuing it. Then the bit in brackets about the judge agreeing, I cannot fill out, because he hasn't greed yet? Do I need the other sides permission?

 

Thanks in advance

Edited December 23, 2012 by alan703

[AndyOrch]

Just write in the box... tick discontinue all the claim...you don't need the other parties consent.You don't need to state a reason

 

Andy

[Guest alan703]

Thank you

 

And this definitely wont affect my ability to initiate a claim in my jurisdiction?

 

No hearings have been attended or set yet.

 

Should I inform MBNA out of courtesy that I will be re submitting the claim at my local court?

[AndyOrch]

If the claim as never been adjudged you may discontinue or withdraw and issue as you please.It would be wise with any LBA to advise the party that you are issuing proceeding...whichever jurisdiction.

 

Andy

[Guest alan703]

Won

 

Although my claim was a little over £3k, that was calculated using the 29% restitution. I withdrew my claim from the English courts, before receiving any correspondence from MBNA.

I wrote to MBNA legal advising them I was withdrawing the claim from the English courts, as I did not intend it to be raised in that jurisdiction and was misguided by MCOL.

I gave them the chance to settle for the value that should have been calculated fairly by them in the first place (for ALL the charges which should have been repaid as part of the PPI claim anyway). If they did not wish to negotiate, I would re-issue the claim in the Scottish court.

 

I received a settlement for £89 less than I asked for, within 2 weeks.

 

After my court experience with Halifax, and the challenge over restitution (Which I still won by out of court settlement negotiation), I felt it best to sue MBNA for the fair sum that I should have received, as I was confident I would win that argument should I have to go to court.

 

My PPI battles are OVER.

[dx100uk]

hey great result!!

 

The Consumer Action Group needs help to cover itsexpenses.

You could help by making a money contribution to http://www.consumeractiongroup.co.uk/paypal.php?go=donate

dx

[AndyOrch]

Welll done Alan delighted for you

 

I will amend your thread title to reflect the result

 

Regards

 

Andy

[slick132]

Great result for you Alan.

 

Well done.

[Shelley181146]

Well done Alan.

 

That is great news - Congratulations