dpick and mbna and capital one

[Hopeful1]

Hi Dpick

 

I hope the court lifts the stay. You've put so much energy into this, you deserve your day sooner rather than later.

 

Got my fingers crossed.

 

Best wishes

[dpick]

Hi Dpick

 

I hope the court lifts the stay. You've put so much energy into this, you deserve your day sooner rather than later.

 

Got my fingers crossed.

 

Best wishes

 

Thanks hopeful1 the thing that makes me laugh is if MBNA had not been such pigs to deal with I would never have thought about reclaiming charges etc in the first place and when I found CAG I saw how difficult that MBNA were I started on the Halifax first to get a bit of experience. Then when I started on MBNA they would not respond to my letters now I don't care I know I will get them in the long run.

 

dpick:)

[dpick]

Letter From the court

 

"The hearing of the claimants application for The Stay To Be Lifted ( see copy attached) will take place at 12.10 on the 15 October 2007 at Middlesbrough County court, Teesside Combined Court, Russell Street, Middlesbrough, TS1 2AE"

 

The hearing of this case will take place by way of telephone conference.

 

The Defendant's Legal Representative is ordered to arrange the telephone conference.

 

Time estimates for hearings must be accurate as they will not be allowed to over-run. In the event that a time estimate is insufficient then please contact the court. Please note that time has been allocated for the judge to read all papers in advance of the hearing.

 

The applicant and the respondent (s) must serve all documents to be relied upon at the hearing no later than 4:00pm 2 days before the hearing.

 

Please mark all documents served upon the court for this hearing as "Telephone Conference on the (date) at (Time).'

 

BIG PROBLEM I have hearing problems and sometimes cannot understand what a person is saying if there is background noise or interference on phone line. I have had to try to use phone conference calls when I was working and if two persons spoke at the same time I could not understand either and this would put me a distinct disadvantage.

 

I will be getting in touch with the court as I applied for a hearing not a phone conference.

 

dpick

[dpick]

I have been a bit busy this last week or so, I applied to have the telephone conference changed to an attended case at the court due to my hearing problems and today received this letter from the court.

 

Before DEPUTY DISTRICT JUDGE MORGAN sitting at Middlesbrough County Court, Teesside.....

 

Upon reading correspondence from the claimant

 

IT IS ORDERED THAT

 

The hearing listed on 15 October 2007 is no longer to be by Telephone Conference.

 

Parties are to attend the Court at 12:00pm

 

Dated 20 September 2007

 

Cases are listed........

 

 

Now I have a chance to get the stay on my credit card agreement/charges claim lifted or at least amended to stop MBNA applying further charges, interest etc.

 

 

I have still had no response from MBNA at all not even a statement this month, wonder if they will bother to attend at court. I cannot wait to see how they respond to the court about not corresponding with me regarding my claim. The data returned from my SAR case has my letters to them their acknowledgements but nothing else.

 

dpick:D

[redsue]

this is great dpick - at least your account is most definately in 'legal dispute' now so they will definately not be allowed to enforce the agreement.

I'm hoping to file tomorrow for non compliance of SAR and enforcing agreement with no CCA - will watch with great interest

[dpick]

Today received a statement from MBNA

 

12 Sep 07 CAO fee refund 1,364.21

25 Sep 07 Late Fee 12.00

01 Oct 07 Interest Charged 71.35

 

I have not received any correspondence from MBNA re fee refund at all.

 

Rang MBNA got put through to Collections dept.

Asked them why refund had been paid into account

Thats what you requested.

No I did not the last line of my CLAIM not request was that as agreement is totally unenforceable any refund was paid to me by cheque not paid into account as that would be enforcing the account.

 

Answer "You have to write to use we will not handle this by phone"

My answer "there is a postal strike and you are at court a week on Monday I want the phone number of your legal department"

Answer "you must write to us."

I have written to you 5 times over the last 5 months all I have received is an acknowledgement of each letter nothing else.

Answer "You must write to us"

 

I put the phone down, just checked a nice clear recording of the entire call.

 

MBNA see you in court

 

dpick:mad:

[gill5blue]

watching with interest, but no CCA

good luck

[dpick]

Well will be at court today, to try to have removed or amended the stay applied to my credit card claim by the court. MBNA were supposed to serve me with any documents they would be relying on in court by 4pm Thursday last. As normal I have received nothing from MBNA even though I managed to have mine delivered by recorded delivery prior to the postal strike and just to be sure also faxed my documents to them with return fax number.

 

Will be taking to court printout of royal mail electronic proof of delivery signed by MBNA and fax log of my fax to MBNA. If MBNA turn up at all and then try to use any supporting documents, (err sorry they have not supplied any have they) I will use this to re-enforce to the judge the type of conduct that MBNA have used thought out my attempts to negotiate a settlement of my claim.

 

dpick:rolleyes:

[Hopeful1]

Hi Dpick, i hope court makes the right decision and lifts the stay. It will be an injustice to let this unprofessional company get their own way.

 

I'll be back later to see how you've got on.

 

Fingers crossed

[dpick]

MBNA did not turn up they wrote to the court saying they had paid all money claimed to my account and asked for the case to be closed. I explained to LADY judge that the agreement was unenforceable and that MBNA had not made me an offer that they had just paid the money into the account. After a good bit of talk back and forth the judge then asked is the account still open, I answered no it has been closed for more than 12 months. She then said I see you are saying that as the account is closed and you would not then be able to drawdown on the refund to your account yourself this made the payment an involuntary payment and as such you want to reclaim this payment. The judge would not make any further comment but did say that I had made payment by cheque as an point in my POC.

 

She then said she would REMOVE the STAY and make a further order that MBNA had till 9th of November to issue a defence that answered in full ALL points in my POC. She explained that the method I had used to write my POC had been very precise and clear and that each point had been separately spaced and not over elaborate so as to make the POC clear and understandable(thank you all for POC's I used as templates), and by wording the order this way MBNA would have to answer in full all points from the first to the last item on the POC.

 

First item on POC agreement is unenforceable.

Last item on POC is payment by cheque not to be offset against unenforceable account.

 

dpick:D

[miss muppet]

Thats brill dpick, tenacity and courage have certainly paid off, you should get a nice pre-Xmas pressy:)

[dpick]

Thats brill dpick, tenacity and courage have certainly paid off, you should get a nice pre-Xmas pressy:)

 

Hi again miss muppet Judge was very much narked with MBNA and gave me a very good tutorial on court procedures etc. The thing I did not know until I get there was that today was not only regarding stay but a case conference as-well and judge said that MBNA had been informed.

 

The judge then went through my POC item by item with me this was when she issued the order that MBNA had to 9th November to issue a full defence to each point in my POC.

 

dpick:)

[Hopeful1]

Well done Dpick:) You obviously presented yourself really well. I'm glad the judge listened to you. I would have given anything to have been in the MBNA advocate office when they heard!

 

Things are looking good Dpick

[redsue]

brilliant dpick - watching with great interest - well done with your POC

[Guest deep]

Excellant thread

 

Watching with interest as my court is Teesside, had stay imposed by court for loan claim, which has now just been lifted.

 

Kindest regards

 

Dee

[Blossomandebony]

Well done Dpick!

 

I've subscribed to this thread as I've got a case against the Co op with similarities. They have refunded me £900 to my account, which has been closed since January. Like you I want payment by cheque. Unfortunately I did not ask for payment by cheque in the POC, like you, so I don't hold out a great deal of hope on that score.

 

However I've got them bang to rights on the lack of CCa issue and am looking forward to the court date. Basically, their attitude and that of their solicitors stinks - they don't believe they can be challenged and flout the laws and court procedures with a sickening arrogance. Looks like you might be about to wipe the smirk off MBNA's face anyway . . !

 

Good luck with the rest of your claim.

[dpick]

Thanks to all above I will post a copy of the judge's order when the court sends it minus any personal detail, the court office say I should receive my copy of the order by end of this week.

 

thanks again dpick

[dpick]

The letter from the court finally arrived today

 

General Form of Judgment or order

 

Before District Judge ****** sitting at Middlesbrough County Court

 

Upon the Claimant appearing in person and the defendant by way of letter.

 

IT IS ORDERED THAT

 

1 The stay in this matter be removed forthwith

 

2 The Defendant shall, by 4:00pm on 9 November 2007, file and serve a fully particularised defence responding to each of the allegations and claims set out in the particulars of Claim.

 

Dated 15 October 2007

 

Well MBNA lets see you ignore the court in the same way you have me dpick

[Hopeful1]

Wahey! I'm quite excited about this now - watching how far and hard MBNA fall.

 

Good work Dpick

[gill5blue]

good luck

[dpick]

Just had a letter from the court a judge has reviewed the paperwork and has combined my previous MBNA case (SAR none compliance settled in July 2007) with my present case with the previous case to take precedence. I have rang the court and was able to get hold of the court office manager, she confirmed that a mistake had been made. The court was aware of the mistake and this order would be removed. I asked do MBNA still have to have defence in by 4pm tomorrow she then advised me that MBNA had rang the court yesterday regarding this and had been advised that they still had to file defence with the court and to serve that same defence on me by 4pm tomorrow.

 

will post again 4pm tomorrow.

 

dpick:)

[Hopeful1]

Glad it's all still looking good Mr Dpick!!

[dpick]

Hi all by my reckoning 4.09pm and you guessed no defence served on me.

 

I am now thinking what chances of a judge giving them more time

 

28/08/2007 Filed N1

 

06/09/2007 case stayed

 

15/10/2007 stay removed and order for full defence to all allegations and claims to be filed and served by 4pm 09/11/2007 MBNA had not apposed stay and had asked for 14 days to file defence, judge gave them 21 days.

 

09/11/2007 No defence received that is 3 months after claim was first issued.

 

dpick

[dpick]

Well got to the hospital with the boss and operation cancelled she was not happy. Asked me do you have court file for MBNA and J D Williams, no but do have the case number in diary. We went to court next files and received fee exemption for small claims track for J D Williams case, then asked about MBNA and judgment. The court clerk was the one I spoke to last week she remembered my call, I again checked that MBNA had to serve me the defence by last Friday at 4pm she checked with her superior and confirmed. I hand wrote an application for judgment by default they checked it put court stamp on it and said it would go before a judge today!!!!!

 

dpick:D

[Hopeful1]

Tee hee hee. Will check in later for further updates. Oh my, Dpick, you must be enjoying this now