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

[BankFodder]

Stop paying attention to court advice. They are very nice but hopefully inefficient.

As Andy says, take some steps to cancel the new claim but most importantly, follow the advice I gave in my last post.

 

Frankly you seem to be making a rod for your own back.

You don't deal with things in a timely way and the result is more problems for you. You could have taken full control of this case - but instead you have given away your hand and not you are having to run hard just to catch up.

 

If you want to win this case then you had better start taking it seriously.

Slapped wrists? Yes definitely.

 

We are very happy to help you - and we are very enthusiastic about it as well - but it does feel that we are having to drag you around!!

 

Please follow the advice I have given and we will support you all the way.

Call Northampton now or tomorrow and try to cancel the claim. I hope that they will give you your money back.

[ZENTRIX9]

Stop paying attention to court advice. They are very nice but hopefully inefficient.

As Andy says, take some steps to cancel the new claim but most importantly, follow the advice I gave in my last post.

 

Frankly you seem to be making a rod for your own back.

You don't deal with things in a timely way and the result is more problems for you. You could have taken full control of this case - but instead you have given away your hand and not you are having to run hard just to catch up.

 

If you want to win this case then you had better start taking it seriously.

Slapped wrists? Yes definitely.

 

We are very happy to help you - and we are very enthusiastic about it as well - but it does feel that we are having to drag you around!!

 

Please follow the advice I have given and we will support you all the way.

Call Northampton now or tomorrow and try to cancel the claim. I hope that they will give you your money back.

 

Point taken, I have had some problems which have hindered me in doing things when I want to which has contributed to the situation I am in now.

I can't say what, but it won't affect me anymore, its sorted.

[BankFodder]

I think that many of us have been there - so we understand the problem - a little.

 

Get the documents in to the court as advised and we'll take it from there.

 

We can't guarantee good results but we'll help you any way we can.

 

However, do make a resolution to get things done quickly.

It feels so much better when they are out of the way.

[ZENTRIX9]

Thanks everyone fo your advice.

Now I am a little less manic I can explain a few things which you may understand better.

 

I know that I had to file a part 20 counterclaim, top and bottom is I thought that it meant to issue a new claim, however on the claim form that I got from MBNA the claim no and password dont work anymore (this was before the deadline of 4pm today) so basically I couldnt access the details online. When I was trying to input my POC into the box the layout kept changing each time I hit the next button and it wouldnt go any further, it kept saying "too many lines" when I tried to change it manually it wouldnt work. I havent much hair to start with and I have got even less now. At this point it was like someone had thrown a bees nest into my head! Until I issued the new claim it wouldnt allow me to import any other claim, now miraculasely there is a text link to allow me to do it and it still doesnt work.

Ok, I have had a reply from Optima about the claim that I sent them earlier, this is it below :-

 

I refer to the above matter.

I understand at our client's Summary Judgment hearing you were Ordered to file a Part 20 Counterclaim by 4pm today. I note that you have in fact issued fresh legal proceedings against my client, subsequently you have failed to comply with the terms of the Order. In accordance with rule 20.4 of the Civil Procedure Rules 1998, due to you having the Court's permission to file a Counterclaim you simply needed to file the Particulars of the Counterclaim and pay the appropriate fee.

In order to save both the costs and the Court's time, we invite you to discontinue your claim and issue a Part 20 Counterclaim in accordance with District Judge England's Order dated 8 October 2012, whilst we note that you are now out of time for making your Part 20 Counterclaim, we will not seek to enforce the Judgment against you until 4pm on 26 October 2012.

If you do not discontinue your claim (by filing and serving a Notice of Discontinuance), we will seek our client's instructions. However, we anticipate that we will be instructed to vigorously defend your claim. If our client is successful in defending the claim, our client will seek to recover its costs from you. If the matter proceeds to Trial we estimate our client's costs to be in the region of £10,000.00, plus VAT and disbursements.

I recommend that you obtain independent legal advice.

So to file the part 20 I will have to write the POC in a letter? or is there a special form? Deliver it to the local court where I attended for the Summary Judgment. Take two copies of the defence and CC and get my copies stamped. Then send a copy of that to the other side.

The "Defence" is the POC? Whats CC? Court claim? If yes, the original one? Sorry to ask but I want to make sure that I get it right after all the cock ups.

[ZENTRIX9]

Whats the chances of me getting a refund for the claim I issued today? I could do with the money back, £210

[BankFodder]

Right - it seems that you are lucky that they are being decent with you.

 

The POC is the Particulars of claim. That is their claim.

 

The part 20 claim is the counterclaim which which would normally form the end part of the defence.

 

You could draft your own form - but here is a link to a prepared one which will have to do

http://www.google.com/url?sa=t&rct=j&q=&esrc=s&source=web&cd=1&ved=0CCAQFjAA&url=http%3A%2F%2Fwww.uk-debtcollection.com%2Fpublic%2Fforms%2FNotice-of-Issue%2FDefence-%26-Counterclaim-N9B.pdf&ei=zJ-FUNvZM4eZ0QWak4CgBQ&usg=AFQjCNHl_xPzuj9VMUktMVafagqBV8VIng&sig2=fW50_ND2Y_TQrOx8KlfjDQ&cad=rja

 

Download it, print it out and then complete it with the words I gave you above.

 

Then take it to the court- 2 copies as I have told you.

 

When you send them their copy, write them a letter thanking them for their flexibility. Confirm that they are right, that you didn't understand what to do and that you are discontinuing the claim and that you will take no further action on it.

 

Do all of this first thing tomorrow - and don't let it get away from you again.

 

I think that you have to ask yourself - especially as you have been with the forum since 2009, why have you not read around and informed yourself and why was I able to google for the form above in less than a minute - did you try?

 

I think that you should displace your obvious stress about this with some investment of your own in terms of reading up on what you are doing and becoming generally informed. If you think of word that you don't understand then google for it or search for it on this forum.

 

You will soon get a picture of how things work.

Once you start to become informed, you will be able to take charge of the situation and of yourself.

 

You will feel a lot better for it.

[BankFodder]

Whats the chances of me getting a refund for the claim I issued today? I could do with the money back, £210

 

 

This matter has already been referred to elsewhere. If you take steps to call Northampton tomorrow first thing then you may be able to stop the claim and to get your money back.

 

If you can't then the money is lost and that is the price you pay for not taking time to learn about the process and for leaving things to the last minute.

If you can't stop the claim then you must immediately send Northampton a letter formally telling them that you are discontinuing the claim and send a copy to the other side.

[andydd]

Has the issue of costs been discussed ?. Is the claim for more than £5000 ?. If not, then it is very unlikely that there would be any order for costs, therefore the claim of £10k costs is just to scare you, although as mentioned they do appear to be acting decently and giving you a bit more time.

 

As you have found it is easy to cock up court claims and make a mess, prepartion is very important as is knopwing about the CPR rules, these can be easily found online, i.e CPR 20 is mentioned above, so just google CPR 20 and read it AND the accompanying Practise Direction, this will give you steps to follow, deadlines, etc.

 

Starting the claim online is an easy step but I always prefer popping along to my local court and getting advice and they have been helpful

 

Good luck

 

Andy

[ZENTRIX9]

Many thanks again. I have read a lot since I joined but I do find a lot of conflicting information and also that things change quite a lot, default notices etc.

My problem is I am dealing with 5 credit cards of my own, 3 for my wife and working 12 - 14 hours a day 7 days a week so it doesnt leave me a lot of time to be honest, but I will have to find the time to do things properly.

Yes it is for just over £10,000

[BankFodder]

I'm sure that it is confusing - and I am sure that it can get o top of you. We can help you a lot here if you can get on top of the time limits and prepare for things well in advance.

I don't know about your other cases - but this situation seems to be dogged by poor response times.

 

I hope that you realise that on a claim greater than £10k the claim will have been allocated to the fast track and this means that if you lose you will incur some costs.

 

Even if you win, if the judge considers that you have somehow bot acted reasonably and efficiently, may may require you to pay over some costs to the other side.

 

On the plus side, if you win, then you will be entitled to recover your own costs which means that you will be able to recover any reasonable expenses such as travel, time off work, postage etc and also you will be able to claim fir the hours you have spent on the case at a rate of £19 per hour.

 

You should start keeping a log of the time you have spent right from the beginning - which includes research and preparation.

 

Don't go mad. Keep it moderate and make sure that whatever figure you eventually come up can be supported either by evidence or by commonsense argument.

 

Start doing some homework about it all. If you have so many card problems to deal with then what you learn will be useful for all of them.

 

It might be an idea if you start new threads and lay out the situation with the other cards as well.

 

You could try and persuade your wife to get involved as well.

 

If you are feeling beaten by it all then a little fightback - supported by your friends here - can be very therapeutic.

[ZENTRIX9]

I'm sure that it is confusing - and I am sure that it can get o top of you. We can help you a lot here if you can get on top of the time limits and prepare for things well in advance.

I don't know about your other cases - but this situation seems to be dogged by poor response times.

 

I hope that you realise that on a claim greater than £10k the claim will have been allocated to the fast track and this means that if you lose you will incur some costs.

 

Even if you win, if the judge considers that you have somehow bot acted reasonably and efficiently, may may require you to pay over some costs to the other side.

 

On the plus side, if you win, then you will be entitled to recover your own costs which means that you will be able to recover any reasonable expenses such as travel, time off work, postage etc and also you will be able to claim fir the hours you have spent on the case at a rate of £19 per hour.

 

You should start keeping a log of the time you have spent right from the beginning - which includes research and preparation.

 

Don't go mad. Keep it moderate and make sure that whatever figure you eventually come up can be supported either by evidence or by commonsense argument.

 

Start doing some homework about it all. If you have so many card problems to deal with then what you learn will be useful for all of them.

 

It might be an idea if you start new threads and lay out the situation with the other cards as well.

 

You could try and persuade your wife to get involved as well.

 

If you are feeling beaten by it all then a little fightback - supported by your friends here - can be very therapeutic.

 

Ok I took the paperwork to court, they wouldn't stamp any paperwork and I had to go outside and post it through their letterbox, I now have to wait for a call after 2pm so I can pay the fee but they couldn't tell me how much.

[BankFodder]

Why wouldn't they stamp the paperwork?

 

You mean that they refused to accept the part 20 claim?

[BankFodder]

I've sent you an email. Check your spam box and respond please

[ZENTRIX9]

I'm sure that it is confusing - and I am sure that it can get o top of you. We can help you a lot here if you can get on top of the time limits and prepare for things well in advance.

I don't know about your other cases - but this situation seems to be dogged by poor response times.

 

I hope that you realise that on a claim greater than £10k the claim will have been allocated to the fast track and this means that if you lose you will incur some costs.

 

Even if you win, if the judge considers that you have somehow bot acted reasonably and efficiently, may may require you to pay over some costs to the other side.

 

On the plus side, if you win, then you will be entitled to recover your own costs which means that you will be able to recover any reasonable expenses such as travel, time off work, postage etc and also you will be able to claim fir the hours you have spent on the case at a rate of £19 per hour.

 

You should start keeping a log of the time you have spent right from the beginning - which includes research and preparation.

 

Don't go mad. Keep it moderate and make sure that whatever figure you eventually come up can be supported either by evidence or by commonsense argument.

 

Start doing some homework about it all. If you have so many card problems to deal with then what you learn will be useful for all of them.

 

It might be an idea if you start new threads and lay out the situation with the other cards as well.

 

You could try and persuade your wife to get involved as well.

 

If you are feeling beaten by it all then a little fightback - supported by your friends here - can be very therapeutic.

 

Ok I took the paperwork to court, they wouldn't stamp any paperwork and I had to go outside and post it through their letterbox, I now have to wait for a call after 2pm so I can pay the fee but they couldn't tell me how much.

[ZENTRIX9]

Ok I took the paperwork to court, they wouldn't stamp any paperwork and I had to go outside and post it through their letterbox, I now have to wait for a call after 2pm so I can pay the fee but they couldn't tell me how much.

 

Ok, been back to court to take the letter to the judge, I was told the counter is closed, asked to see the manager, not in today!!!! So only option left was to put it in their post box again!!!

[BankFodder]

Amazing.

 

Make sure you get a copy to the claimants.

 

The way you have bee mucked around by the court is shocking

[ZENTRIX9]

Thanks, just got back to work. Sorting the paperwork for the claimants now and just paid £245 for the court fees.

[andydd]

Is there a notice saying counter hours are reduced ?. This may well help you if you havnt handed in docs by deadlines !

[ZENTRIX9]

I did think of that but the security guy tells you to post them through the court letterbox outside so thats probably their getout.

Edited October 24, 2012 by ZENTRIX9

[ZENTRIX9]

Is there a template letter available to try and claim the £210 back from Northamton that I paid, I have now cancelled the court claim I made by mistake.

[Andyorch]

Just request it back ...no template...how did you make payment?

 

Andy

[ZENTRIX9]

Just request it back ...no template...how did you make payment?

 

Andy

 

Hi Andy, I used my debit card

[Andyorch]

Either phone them or call into the court...its should be refunded considering you submitted and withdrawn within 24 hours.State it was issued in error largely down to the Court not following process.

 

Regards

 

Andy

[ZENTRIX9]

Ok, I will be back at court soon and have spent some weeks looking at other cases and reading. As I didnt do things in the right order I just want to check that I do things correctly this time and that I am prepared. I have all my paperwork ready to take to court and some notes on what to argue.

The counterclaim has been issued and the claimants have had a copy, do I need to send any additional paperwork to the judge or the claimant so he can read through it before the hearing? Is there anything else anyone can advise me to do that would help. I have read through the practice direction but a bit unsure as to what applies in my case due to it all being jumbled up. and dont want to look like a fool in court again.

[ZENTRIX9]

I have received a part 18 request and one of the things that they are asking for is a copy of my medical records. I assume that this is because I have said that I may sue for damages for stress etc. Are they entitled to have a copy or can I say that I will produce them at the hearing, or just tell them NO!