claimforms - dual MBNA CARDS with disputed MBNA sec 75 claims **WON**

[ZENTRIX9]

DX, post 6 above, the MBNA section 75 claim.

 

I had an email from Optima late yesterday after I replied to an email I sent them of photos of the rear of the property showing work done and also confirming I had found the planning application as they didnt believe that I had applied. Also sent them a breakdown of the events that led to the claim. Their reply says :-

 

Thank you for your email.

I have been advised by my client that you need to correspond with MBNA's Customer Advocates office regarding your complaint and FOS directly.

Does this mean that they may be re-thinking the situation? They had applied to the court for summary judgement and were willing to postpone it as the FOS has reopened my case. Now this email? Maybee they want to talk now.

Should I call them or only correspond in writing?

Any advice anyone.

[ZENTRIX9]

Hi all, heres the quick background.

 

I bought a conservatory,

didnt get it,

company went into liquidation,

paid with 2 different credit cards,

claimed under section 75,

1 paid me back and the other hasnt.

 

I stopped paying the card as they wouldnt sort out my claim.

They issued court papers,

I complained to FOS,

they couldnt make a decision,

card company went for summary judgment and got it

but I hadnt submitted a counterclaim

the judge is allowing me to submit a part 20 counterclaim

and has stayed the enforcement of the judgment.

 

Can someone help me to submit my counterclaim?

 

I need to know what to claim for.

 

Can I claim for the full amount paid,

interest and from when?

 

Particulars of claim etc

[BankFodder]

I think that you will need to show us the claim form and your defence so far.

 

How come they got summary judgment? Which company? What was the problem with the FOS?

[andydd]

did you not send defence to original claim ? and then defence to sj ? at sj stage all you have to do is show that you have at least a chance at defending. generally the counterclaim should be done at the defence stage.

[ZENTRIX9]

Not knowing how it all works

I didnt send everything in before the summary judgment.

 

I admited this to the judge and discussed my section 75 claim with him,

he must have thought that they were trying to fob me off and hope I go away,

so he stayed the enforcement so I could issue a counterclaim.

 

Its been around 4 years now since I paid for the goods.

 

What I need to know is can I claim back the full payment,

any payments I made and any interest while they have had my money,

this I would like to offset against their claim.

 

If I am succesful I will ask for their claim to be reduced

because if they had adressed the matter in the first place then the amount

they are claiming would be a lot less.

 

I can submit the counterclaim if I know what I am entitled to claim.

[ZENTRIX9]

They got summary judgment because I didnt submit a defence other than an embarrased one.

 

I got everything postponed for nearly 12 months so the FOS could look at it,

they were a waste of time and didnt want to make a decision.

Then I forgot to send in the defense in time.

It was MBNA.

 

The other card company was HSBC, they paid me out.

I was a director in our family business and purchased the goods just after my dad died from cancer.

 

HSBC audited the company to put us on invoice financing and they said the company was ok,

so I ordered a conservatory, paid with my credit cards and was going to pay them off

once I paid myself a bonus at the end of the tax year,

then the banks were in trouble and we lost all our work and I put the company in liquidation.

 

We lost everything.

 

I then realised that I could claim under section 75 as it was a personal transaction not a business one.

 

HSBC was the bank the company banked with,

they knew the history of the company and paid out no problem,

 

MBNA have not and tried to scare me off insinuating something underhand was going on.

They then issued court papers.

[BankFodder]

Thanks for the explanation but you still haven't shown us any documentation.

You had better let us see this quickly. If you want to take control of this then you need to get things done.

You are not making it easy for people to help you

[ZENTRIX9]

Thanks for the explanation but you still haven't shown us any documentation.

You had better letter see this quickly. If you want to take control of this then you need to get things done.

You are not making it easy for people to help you

 

 

Ok I will scan the form when I get to work so you can take a look.

[andydd]

Unfortunatley 'forgetting' to reply with defences, etc can be fatal and very costly, as I mentioned above,

 

SJ's are not given lightly all you have to do is show that you would at least have some kind of defence,

you dont have to go into detail,

unfortunatley timelines are very strict with SJ's,

especially the 7 and 3 days before hearing deadlines,

I won a case against my landlord because his solicitor managed to cock this up.

 

Andy

[ZENTRIX9]

Heres a copy of the court papers served.

 

http://i911.photobucket.com/albums/ac318/zentrix9/MR%20VIRGIN%20MNBA/mbnacourtpapers.jpg

 

I need to submit a part 20 counterclaim by 4pm

[BankFodder]

I suggest

 

It is denied that the defendant is indebted to the claimant.

 

Counterclaim

 

1. The claimant bought a conservatory from XXX company which went into liquidation before the conservatory was delivered
   
2. Payment for the conservatory was made in part by a credit card supplied by the claimant
   
3. The loan was regulated by the Consumer Credit Act 1974.
   
4. By s.75 of the 1974 Act the claimant is jointly liable with the supplier to the defendant in respect of any breach of contract.
   
5. The claimant has breached their statutory duty to the defendant in that they have refused to carry out their duty under s.75 of the 1974 Act
   

 

 

1. Furthermore the claimant has a statutory duty under the FSA Conduct of Business regulations (COBS) to treat their customers fairly.
   
2. This duty is incorporated into the loan contract.
   
3. By refusing to honour their duty under the Consumer Credit Act, and by employing debt collection methods against me and by naming me as a defendant in this case the claimant is treating me unfairly and is in breach of their FSA regulated duties.
   
4. Furthermore the claimant has unfairly made a negative entry on to my credit file which has damaged my good name and affects my ability to get credit
   

 

Therefore I claim £XXXXX all charges or money outstanding plus interest pursuant to s.69 County Court Act 1984

Plus damages for the stress and unfair treatment and damage to my credit reputation not exceeding £1000

Plus an order that the claimant deletes all references to this matter from my credit file within 7 days.

Can you let us know if they have marked your credit file please -as we will need to amend the above.

[ZENTRIX9]

I suggest

 

Can you let us know if they have marked your credit file please -as we will need to amend the above.

 

Yes they have marked my credit file with defaults

[BankFodder]

I have amended the counterclaim above.

 

You had better get going. The court closes at 4.

 

Come back here and let us know that it is done as I have further things to say

[ZENTRIX9]

Thats great thanks, the claim amount ? is that what I paid or is it the amount I paid plus all the payments I made for the loan? Interest can be claimed later?

[BankFodder]

It is everything that you have paid out - but shouldn't have. You should end up having paid £zero

[ZENTRIX9]

I am on money claim and the thing just wont accept the text for my POC !!!!! I have missed 4pm can I call them to explain?

[ZENTRIX9]

too many lines, wont accept the poc. I am calling northampton ccbc now to see if I can still submit.

[BankFodder]

No - that doesn't work.

 

Just get the electronic response in and send a paper copy to the court with a letter of explanation.

 

Why won't it accept the text?

[BankFodder]

Also fax or email a copy over to their solicitors immediately.

[ZENTRIX9]

Ok just spoke to lady on the phone. I dont know how to do the counterclaim online, she said about importing the claim in etc doesnt work. So I have issued a new claim although after the deadline. she said to write to the court and ask for both to be heard at the same hearing?

[BankFodder]

I think that is a recipe for disaster. Now the new claim has to be issued from Northampton await a defence, then find its way to your local court and then try to be joined with the first one.

 

I've just realised that your claim has already been transferred to your local court, hasn't it?

[ZENTRIX9]

Yes it has been transfered already to my local court.

i have already emailed Optima the court papers

[BankFodder]

In fact - as you haven't complied with the order of the court - your defence stands to be struck out.

 

I suggest that you send a copy urgently to the other side's solicitors by email and by post.

Also that you deliver a copy to the court tomorrow morning to the court - by hand. Take two copies and get the court to stamp a copy which you take away. Then send a copy of the stamped copy to the other side's solicitors special delivery.

[BankFodder]

Yes it has been transfered already to my local court.

i have already emailed Optima the court papers

 

This is why you couldn't enter it online.

The online process is finished now.

 

You have to deal directly with your local court.

Do as I have advised in my last post. Make sure that you are at the court at 10.00 when the door opens with two copies of the defence and CC and get your one stamped. Then send a copy of that to the other side - you will be OK then.

[AndyOrch]

Ok just spoke to lady on the phone. I dont know how to do the counterclaim online, she said about importing the claim in etc doesnt work. So I have issued a new claim although after the deadline. she said to write to the court and ask for both to be heard at the same hearing?

 

Need to cancel this one also.

 

Andy