Wilson v MBNA : ** WON **

[uklad79]

Sent off 2 claims on Friday one for £380 from my Visa and one for £300 from my Masercard. If they dont pay up then my next letter will be the court threatening court if they don't pay up in 14 days.

 

Does anyone know if I can join these together and make a court claim for £580 rather than 2 seperate ones if it gets to that stage?

Also I think I have a strong case because they have never once sent a letter informing me of a charge so I could pay in the money before they applied it. Because of this the charge would often take me over the limit so they would charge me again!

 

Thanks for all the great info on this site if I will I will donate some amazon vouchers you guys are helpping so many people well done!

[jonni2bad]

Yes, one claim is fine with the same organisation.

 

Just make sure that the two seperate amounts are clearly identified.

 

Good luck

[uklad79]

Made a list this evening of the fees and the amount I was over on my creditcard when they were applied. Most of the time it was less than £20 some times as low as 7P! But on 3 occasions they haven't put in brackets the amount I was over my limit! How do I know I was if they haven't told me by how much? Why would they do this sometimes but most of the time put the amount? Also I am the only person who never gets letters off MBNA to tell me when a fee is being added and only know about it once the statement has come.

[uklad79]

Still waiting for a reply so in the meantime I have decided to clear my 2 cards onto a loan with a lower apr I got one today with 6.9%apr. These cards can be cleared in a week, or should I keep the money in my bank and clear them once they start playing deal or no deal?

Now do I keep the accounts open while I proceed or do I close them now? Which will make it easier and faster?

[jonni2bad]

I don't see that it would have any impact on a case for rfund, so it's whatever suits you.

 

John

[uklad79]

Well I have paid off 1 of my cards completely yesterday. Today I got a letter from MBNA saying they looking into it give them 28 days, the usual! Anyway they have put the account number as my Amex and not the Visa or the Mastercard I sent them a letter about

Now my question is do I now send one letter for all the money they owe for all cards or seperate claim letters?

I gave them until the 4th May to reply now they have replied early do I send my second letter or do I wait to the 4th May?

 

Thanks

[jonni2bad]

One claim with the same organisation should at least save you some time, and keep things simple.

 

Wait for the deadline before proceeding, as it gives you more ammunition later.

[uklad79]

LBA emailed and posted today for a total claim of £592.50 for 3 cards. I am off on holiday on Sat so wont be back until 22nd and if the money has not been refunded I will file the Moneyclaim.

[uklad79]

Just got back off holiday today and a refund of £430 has been made to my account. Will send a letter in the morning for the rest within 14 days or it's off to court. The outstanding amount totals £162.50 so is still a large sum to me.

[surreyscouse]

You'll be fine, they probably thought they had got away with a short payment wihtout knowing you were away. Will be a pleasant little shock for them to receive your letter now !

[uklad79]

Sent them a letter today saying pay up the rest in 14 days or I will take it to court which would not be cost effective for them and their shareholders and that I will also claim costs and intrest. Now if I need to claim what intrest am I claiming? The amout for all the charges even the ones they paid back or just the intrest on the ones that are outstanding? If thats the case how do I work out which ones MBNA have paid off and which ones they haven't?

[surreyscouse]

Hiya,

 

It probably won't get that far but use the spreadsheet in the library to help work out the charges. If tey haven't told you which ones they have refunded then just base your interest on the oldest ones and tell them that. Seriously though, it won't be neccessary to do that, they will pay up soon !

[uklad79]

Well I gave them a chance to pay the rest by sending a letter after they paid part of the funds but they didn't pay up the last bit so I have just filed for £226.66 including costs and intrest.

[surreyscouse]

Good man, make sure you email bankfodder the details of the court summons.

 

Well done matey, but you'll get the money and your court costs back before it goes to court.

 

You did send your letters recorded delivery didn't you ?

[uklad79]

Am I ment to send anything to MBNA now I have filed? I can not find anything in FAQ. Also what do I do now if they don't respond to me or the court within 14 days? I can see on the Moneyclaim site they haven't submitted a defence.

[CrispDust]

If they don't acknowledge by 1 4days from date of serving (not the date you applied to MCOL) then enter for judgement by default. They will have to pay up unless they apply for setaside (see threads of Whizzkid for enternaing account)

If they acknowledge, then they have an additional 14 days (28 in total) to file a defence. If they don't, then again judgement by default.

(please read FAQs and other threads...)

[uklad79]

Well today I have had the rest of my money paid into my account but not the court costs or intrest that I have filed for in my claim. Will this be paid in seperate? What happens if they don't pay up the intrest and fees before the 14 days?

 

Thanks

[uklad79]

I just spoke to Gareth Tunicliffe as I had a letter signed by Steve Bailey with his number on it, and explained that they had not paid by my deadline so interest and charges are due to be paid. He said they will ring me back tomorrow once they have decided what they are going to do.

[jonni2bad]

If they don't issue a defence or Acknowledgement within 14 days of being served then you can ask for a default judgment.

 

If they don't pay up in full, do this.....

[uklad79]

MBNA have settled today now what do I do about the courts? Do I ring them or can it be done online? If so does any the number for Nottingham court if I have to call.

 

Can one of the Mod's settle my court thread entilted wilson v MBNA in the litigation thread

 

Thanks

[clayts]

Congrats

 

Did they pay by cheque or credit your account ?

[adamski]

Excellent you are an inspiration to me i have just sent my DPA to MBNA well done.

On your question i think all you need to to do is ring the court form what i have read on here they are very helpful.

Regards

adamski

[uklad79]

Will call them in the morning. The money was credited to my account which is fine by me as I will be paying off the rest and closing it this month.

[jonni2bad]

Have you actually received the money - in full?

 

If not, then do nothing. Do not end the claim yet.

 

If yes, then write to the court (address on claim copy) and tell that that the case has been settled in full and you wish to withdraw the claim.

 

Let us know for certain about the money, then I will update everything for you.

[uklad79]

All the money except the court fee and intrest has been paid. When they called me today they sid that will be in my account in the morning and they asked that I inform the court once it's in my account.