Claim Form DLC/Hillies old-MBNA credit card *** Settled by Tomlin Order***

[Andyorch]

Automatically stayed after 28 days Alloyz...a stay can be in place until the claimant makes application to lift the stay.....length of time can vary ..I have known up to 2 years but the longer its left the less chance their application would be successful.

 

Regards

 

Andy

[Alloyz1]

Andy

 

Appreciate that

 

Have a great day

 

Alloyz

[citizenB]

I am into my 3rd year of a stayed claim !!

[Andyorch]

I am into my 3rd year of a stayed claim !![/quote

 

Quite possible CB..have you thought of making application and prodding the bear?

 

Andy

[citizenB]

I was thinking about it andy.. I might have a chat with you sometime

[Alloyz1]

Thanks CB

 

If they proceed would it be okay to post my WS up for a review by you chaps to put me on the right RD

 

Alloyz

[Ford]

if it has been stayed, then they would have to apply to the court to lift the stay before anything else. if lifted then would continue as norm, unless any further application accompanies for consideration.

if they have responded in time to continue then it would go on to allocation questionnaire first. WS would be after that.

either, subject to any applications.

Edited April 11, 2013 by Ford

[Alloyz1]

DLC have basically wrote to me saying your defence is invalid in 'our opinion'. Good for them...

 

Anyway, as they have sent me 4 different sets od T&Cs over the years I asked them to confirm which ones were the ones in place at the time of signing the application.

 

They have replied stating a particular set, which are definitely not ones in place at the time of the application and cannot be the ones for the application (cant believe they havent seen the glowing error on this!!)

 

They dont seem to have advised the court they wish to proceed as nothing has changed on MCOL and they had until 8th April.

 

I guess I sit tight and watch this space until contacted by the court or DLC?

 

Thanks

 

Alloyz

[Ford]

it is usual for 'them' to say defence is no good please pay up. give the court a call, double check current status. but yes, seems has been stayed if they haven't responded to continue. aside from any admin oversight, why haven't they continued or made any application if your defence was 'invalid'!?

Edited April 19, 2013 by Ford

[Alloyz1]

My thoughts too, but I have absolutely everything in order Ford, and not one set of T&Cs are part of the original agreement (errors in everyone of them to prove not part of the original).

 

I will email the court today and see what they say.

 

Thanks

 

Alloyz

[Alloyz1]

Hi all

It appears Hillesden have not notified the court if they wish to proceed, and the case is stayed.

 

However I have recieved an email from DLC (parent company) stating the following:-

 

"You have previously indicated you would like to try and resolve the matter,a nd with this in mind, could you please let me have your proposals within the next few days."

 

My intended reply is:-

 

"At present I do not concur you are entitled to the relief claimed and I am therefore unable to offer a proposal at this time."

 

Any advice would be great

 

many thanks

 

Alloyz

[Andyorch]

Hi Alloyz

 

If both parties opted for settlement within your Directions Questionnaires (AQ) then you must try to be reciprocate...mediation (ADR) is encouraged by the Courts in all cases and any parties not complying will have sanctions applied should they be successful.Amicable negotiation is the key here and if that fails you proceed.

 

Regards

 

Andy

[Alloyz1]

Hi Alloyz

 

If both parties opted for settlement within your Directions Questionnaires (AQ)......

 

Hi Andy

 

Congrats on moderator status, well deserved.

 

We have not got to the DQ stage yet, they have not advised the court they wish to proceed.

 

I presume the court would want to see an attempt to resolve though regardless of what stage we are at?

 

Could you suggest how I approach this? I think my intended approach above is a bit sharp given your advice, but how would I propose a resolution if their paperwork in not compliant?

 

Don't want to get the judges back up before its even allocated!!

 

Many thanks

 

Alloyz

[citizenB]

You need to establish what you have to negotiate with - from what I can see the terms and conditions were NOT present at time of signing and the Claimant has had several stabs at trying to reconstruct, unsuccessfully (Harrison v Link)

 

Was a default notice sent/received and was it valid

 

Are there any charges or PPI that could be reclaimed/counter claimed.

 

Would you be in a position to make a small F&F settlement - would you be able to make a one off payment or would you require an instalment plan.

 

I think this claim is over £5,000 isn't it. Does the new small claim track limit of £10,000 come into play for your claim (if so then if you were to continue to court the costs would be limited)

[Andyorch]

" I think this claim is over £5,000 isn't it. Does the new small claim track limit of £10,000 come into play for your claim (if so then if you were to continue to court the costs would be limited) "

 

Claim was issued Feb 2013 CB so no its Fast Track if this proceeds.

 

The Completion of the DQ is time to access whether mediation is an option...of course mediation is as stated encouraged throughout the process...but the Claimant will have to pay a further fee to submit their DQ so this is the crunch stage and hence their letter or olive branch.

 

Regards

 

Andy

[Alloyz1]

Hi CB

 

You are spot on with the T&C situation. I also have a letter from the OC in response to my solicitors letter to identify the T&C in force at the time (they identify a set- definitely invalid) The new owner have confirmed a different set were in force, 3 times (again definitely invalid)

 

A DN was served, with less than the recommended days to remedy, and they sold the account within the remedy period.

 

I could make a F&F or a payment plan.

 

Their claim is for circa £14.5k so there is some liability for me there I guess.

 

Do you think I shpuld make a token F&F settlement offer?

 

Many thanks again for all adivce recieved

 

Alloyz

[Alloyz1]

[iThe Completion of the DQ is time to access whether mediation is an option...of course mediation is as stated encouraged throughout the process...but the Claimant will have to pay a further fee to submit their DQ so this is the crunch stage and hence their letter or olive branch.

 

Hi Andy

 

Would you even reply to their letter of a proposal or wait for the DQ? or reply as per my intended reply? or state I am happy to enter into mediation should the matter proceed?

 

Thanks

 

Alloyz

[Andyorch]

Taking all the facts into account and their sudden offer to attempt mediation I personally would try to explore this option.Unless you get a sound DJ dealing with your defence the Claimants claim would probably succeed (T&Cs and DNs issues are very difficult to argue/convince a run of the mill DJ) and he would probably run with the Overriding Objectives conclusion....its your debt you owe it...pay it.(Plus their FT costs)

 

I am far from ever throwing the towel in but if a chink appears and their is an exit route that can be escalated to an amicable conclusion then it must be tested.In the same breath you could play devils advocate and assume if they wish to settle are they concerned about their paperwork.....it is possible to argue the points but you must be prepared to research the above cases mentioned by CB whilst balance the risk of Fast Track costs should you fail or get a numpty DJ who just wants you in and out of his court room.

 

That is what to consider but any response at this stage would not damage or show weakness from a defence stance.

 

Regards

 

Andy

[Alloyz1]

Hi Andy

 

Thanks for the reality check! One more thing before I reply to them.

 

Would you go into detail as to why their case is flawed? Or keep it vague and make an offer without detailing the issues they have?

 

Thanks

 

Alloyz

[Andyorch]

Play your cards close to your chest Alloyz...test the water.....remember forewarned is forearmed.

[Alloyz1]

Many thanks for the advice

 

Keep you posted

[Alloyz1]

You need to establish what you have to negotiate with - from what I can see the terms and conditions were NOT present at time of signing and the Claimant has had several stabs at trying to reconstruct, unsuccessfully (Harrison v Link)

 

Was a default notice sent/received and was it valid

 

Are there any charges or PPI that could be reclaimed/counter claimed.

 

Would you be in a position to make a small F&F settlement - would you be able to make a one off payment or would you require an instalment plan.

 

I think this claim is over £5,000 isn't it. Does the new small claim track limit of £10,000 come into play for your claim (if so then if you were to continue to court the costs would be limited)

 

 

 

Thanks CB- Much appreciated

[Andyorch]

Just remember any offer at this stage must be marked WP.

[Alloyz1]

Thank you, already started with that

 

Could you briefly explain the definition of "Overiding Objectives conclusion" when you have time please. I will be looking it up as well...

 

Thanks for the input Andy/ CB

 

Alloyz

[Andyorch]

http://www.justice.gov.uk/courts/procedure-rules/civil/rules/part01