MBNA Charges Reclaim Gm Card**won**

[TUTTSI]

Just checked the Direction Order from Court and GM have till Monday 4pm to get in the bundle into court and serve it on me to comply with the Judges Directions. Failure, for them to do so the courts will strike out the defence and without a further order a judgement can be entered for the Claimant - thats me!!! for the sums claimed....so roll on Monday!!

DS

[TUTTSI]

Also, I note that BONG has just won against HSBC, going back I think 13 years (beyond the limitations act) together with Contractual Interest, same Solicitors D & G, they caved in without going into court.

[TUTTSI]

Just an update, no word from DG Solicitors, the deadline was 4pm today. I am out all day tomorrow, so if nothing is received by Wednesday, should I phone the courts to get the Judgement. District Judge Steel, has directed that if the defendant fails to file in court by 4pm 19th February, a breakdown of those charges etc, etc, the Defence will stand struck out and Judgement entered for the Claimant.

DS

[TUTTSI]

Hi All

This is the letter which was faxed today to Willesden County Court, as they told me this morning that as they have not sent into court their bundle I am entitled to have their defence struck out in accordance with District Judge Steels directions. So, hopefully they will deal with this very soon and then the BAILIFFS can go in. I knew they would not send in the bundle with the details which the Judge had asked them to provide. I had already asked for the info and they did not supply it to me.

For the Attention of the Court Manager

Willesden County Court

9 Acton Lane

Harlesden

London NW10 8UX 22nd March 2007

BY FAX ONLY

****URGENT****

Dear Sir

Re:- Claim xxxxxx – Claimant : xxxxxxxx

Defendant : HFC Bank Ltd Trading as GM Card

Further to my telephone call to the courts this morning when I spoke with Daniel Gavshon, I understand that the Defendant, HFC Bank has failed to comply with the order made by District Judge Steel on 31st January 2007, requesting the Defendant to supply information by 19th March 2007.

As the Defendant has failed to comply with the order, I respectfully request that the court actions on the basis that the Defence stands struck out and without further order and that Judgement be entered in the sum of £704.37. I would also like in addition to seek costs of £64.75 which equates to 7 hours @ £9.25 which was my time in preparing the bundle for court, therefore the Judgment total is £769.12.

Please confirm that Judgement has been entered, so that I can make immediate arrangements for a warrant of execution to expedited against the Defendant.

Yours faithfully

Mrs Dxxxxxxxxxxxx

[TUTTSI]

This is the salient points from the Judges Directions which GM had to respond to.

 

 

- They will have to advise if the charge is accepted as a penalty.

- If the charge is alleged to be a pre-estimate of the defendants loss incurred by the claimants actions (whether or not such action is treated as a breach of contract between parties) all facts and matters intended to be relied upon as showing that such was a proper estimate of such loss and all evidence to be adduced at trial as to what the true cost of dealing with the matter was.

- If such a charge is not alleged to be a pre-estimate of the defendants loss incurred by the Claimant's actions the facts and matters relied upon showing the basis upon which the charge was calculated and all evidence to be adduced at trial to show that the charge was fair and reasonable.

and the above is the reason I believe that they have not dealt with the directions which the Judge wants answers. (Maybe he has charges he wants to get back!!)

 

 

 

[TUTTSI]

Any idea why we are not receiving emails!!

[TUTTSI]

bump....

[TUTTSI]

Hi All

My thread for this claim is on other institutions, I note however that GM Card is HFC Bank and they use the same in house Solicitors DG which HSBC uses.

 

My claim is at court stage and the position I have now is that they did not respond to the Judges Directions, well I am not surpised, below are the salient poits which they had to reposnd to by 19th March, and of course they did not, what a surprise. The Judges directions were that if they did not respond their defence will be struck out and Judgement against them will be given.

 

I have contacted the court and they said that if I write in to court the Judge will do just that as they had not received anything either. I find it most off that they would go beyond the deadline and not cough up and pay me. Well not sure how long the courts will take to issue the judgement. But as soon as they do I will put the matter in the hands of the BAILIFFS.

 

Re: Ds V Gm Card

 

- They will have to advise if the charge is accepted as a penalty.

- If the charge is alleged to be a pre-estimate of the defendants loss incurred by the claimants actions (whether or not such action is treated as a breach of contract between parties) all facts and matters intended to be relied upon as showing that such was a proper estimate of such loss and all evidence to be adduced at trial as to what the true cost of dealing with the matter was.

- If such a charge is not alleged to be a pre-estimate of the defendants loss incurred by the Claimant's actions the facts and matters relied upon showing the basis upon which the charge was calculated and all evidence to be adduced at trial to show that the charge was fair and reasonable.

 

 

 

Has anyone else had this experience with DG and the courts.

DS

[Castlebest]

Now that I want to see, let me know when the bailiffs are going in and I will bring my camera, a few shots for the page would go down a storm

pete

[TUTTSI]

Now that I want to see, let me know when the bailiffs are going in and I will bring my camera, a few shots for the page would go down a storm

 

pete

 

Good idea Pete, where do I send the Bailiffs , do you think any HSBC branch or Head Office!! which would be most effective!!

Thanks

DS

[Castlebest]

I seem to remember the solicitors used to use this as an option when they had no reply to what the judge told them to do in the early days, feigning incompetence.

I thought they had stopped since the case of the bailiffs entering a bank and seizing furniture and a till full of money in the name of one claimant until the claim was paid.

pete

[TUTTSI]

Well there you go Pete, they obviously I have not learned from their past experiences. So where do I send the Bailiffs!!

[Castlebest]

Would think you need to send in the bailiffs against HFC not HSBC and unfortunately I don’t think they have high street branches (would be great to confiscate a till lol). I think their offices are Centre City House, Birmingham (yes I have a GM card too, its in the queue for a claim lol)

pete

[nettyg]

hfc were taken over by hsbc last year so it's one of the same nasty bank!!

[TUTTSI]

Thats what I thought Netty, so I could go into any branch of HSBC with the Bailiffs!! I am right!!

[nettyg]

one would have thought so

as pete said earlier on, if you do let us know when and which branch and i'll charge up the batteries in my camera lol

[Castlebest]

Gawd that would get the manager out of his office... a big hairy bailiff walking off with one of his tills

pete

[TUTTSI]

Not just one of the tills, the till has to have money..... in it!!

and just for a laugh the Bailiffs could take the managers desk and chair as well. LOL

[TUTTSI]

I'd play them at their own game and wait.

 

They are of course correct about CPR 27.14 but in case they try to be clever about unreasonable behaviour CPR 27.14 (3) states "A party's rejection of an offer in settlement will not of itself constitute unreasonable behaviour under paragraph (2)(g) but the court may take it into consideration when it is applying the unreasonableness test."

 

Unfortunately there is no legislation regarding contractual interest save for the fact that you are entitled to claim any interest rate you see fit, but you must be prepared to argue why you have chosen to apply it.

 

Finally, as I said above, now you wait them out...

 

Not sure if you picked up my claim progress whilst the emails were down. GM Card ( HFC Bank) have failed to answer the Judges Directions their deadline was Monday 19th March2007. I have already phoned the court and they said I should write in and in accordance with those directions the Defendants defence will be struck out and a Judgement will be given.

The same goes for Barclaycard, they have also missed the deadline which was Friday 23rd March 2007, I will leave it till Tuesday and do the same with them. I am actually really surprised that these institutions miss deadlines and could actually get Judgements and the bailiffs I find this incredible. So I am playing a waiting game.

DS

[nettyg]

i believe that this has been done already - there's a thread somewhere, i'll have to seek it out lol

[Parkvale]

dsilverstien,

Thry realise they cannot win .So maybe it looks better to default the claim than waste time and money fighting a case they cannot win. I apologise if you have seen this already, but this case was also quite unbelievable:http://www.consumeractiongroup.co.uk/forum/other-institutions/62561-parkvale-g-e-money.html. Don't worry about them , because believe me it is not reciprical. Enjoy yor winnings.

[TUTTSI]

Can anyone help!!

When I phoned the court today, the clerk said I need to fill out a form to get the Judgement. I downloaded the N225 form and this does not fit the criteria.

Basically, the Judge gave directions as follows:-

 

' If the Defendant fails to comply with the order the Defence will stand struck out without further order a Judgement be entered for the Claimant for the sum claimed'

 

So in this case Barclays and my GM Card case neither party have bothered to comply with the order and they should both be struck out and Judgement given.

 

My question is, should I be filling out a form and which one! or do I just write in and ask the kind Judge to issue the Judgement. Can anyone advise what I should be doing.

Many thanks

DS

[TUTTSI]

Well just to update you, Gary has given me the letter with all the relevant parts of the law, it made sense to write a letter and not wait for any forms to come, At least the ball is rolling now and the courts will be aware that I am not just a litigant in person.

I will update you all further when I hear from the courts, sadly there is a huge backlog, probably due to the banks clogging up the system. The banks are playing us and the courts as fools. Lets hope the laugh is on them.

DS

[Bicester1]

DS Hi

 

Any updates?

 

Bicester1

[Bicester1]

Hi DS

 

Can you post the letter? Barclays have 8 hrs to file or its judgement in default. Hope I might just need that letter!

 

Bicester1