Arrow/Restons - Claimform old MBNA 'debt'

[Andyorch]

The court wont reduce their costs..you have ignored the Tomlin Order and proceeded to the hearing which is incurring the costs.If you had accepted the Tomlin Order and vacated the hearing there wouldn't be any fees ?

 

Best of luck anyhow

[gjindancer]

Hi Andy,

 

No - their tomlin agreement - sent 2 days before the court date - INCLUDED all legal costs onto the balance.

 

INCLUDING - a court appearance

 

So I would have paid for their court appearance even If I had just signed the Tomlin and settled out of court.

 

Its a cheeky move by Restons - just assuming I'd roll over and pay whatever they could add.

 

Also - if this goes to court they are pushing to have the tomlin sealed - so I really have nothing to lose.

 

It's under 10k and a small claim so charges should not be made anyhow.

 

Dan

[Andyorch]

Okay so they are pre loading the hearings costs for Summary Judgment into the Tomlin Order...costs which they have yet to incur.You need to raise that in court then along with your objections as to why their application should be dismissed.

[gjindancer]

Well, I managed to get £500 knocked off the charges.

 

However my initial letters contained some FOTL stuff from [removed] and the judge was not impressed with that.

 

He agreed Restons could have been more forthwith with presenting the requested information,

however he thought my original letters were overly aggressive (Templates from FOTL site)

and asked me "how were restons supposed to respond to these"

 

I said "they could have provided me at least some of the information I requested"

 

They claimed I received the CCA in July and didn't react until much later

- this was not the case and it was late september I got hold of it

- but this probably swayed the judge to keep 2/3 of the costs upheld.

I think its a good lesson learned to steer clear of the "x of the family z" crap and probably anything off that site.

There was no way the CCA would have been seen as unenforceable with the history of payments I had made.

 

My credit rating is shot anyhow and I don't do credit any more at all so I'm not too bothered about the CCJ.

 

I'll be clawing back charges from MBNA soon.

Edited November 5, 2014 by dx100uk
edits by DX