Arrow Global/ MBNA Court hearing - WON !!!!!!

[roygoodbeat]

Re: Arrow Global/ MBNA Court hearing

In the mbna t & c's, there is a clause 8f:

Subject to sending you any notice required, you, or your legal representatives, must immediately pay your whole balance (INCLUDING ANY INTEREST RATE CHARGES AND FEES DUE) and we may refuse to authorisefurther transactions if:
this agreement ends.
you fail to make a payment or repeatably break this agreement and fail to sort the matter out.
a bankruptcy order is made against you, or you make a voluntary arrangement with your creditors.

Yes, I never received my t&c's for Bank of Scotland or the back of the reservation form.

And sorry, the case is due Monday 9th. I have filed a defense and witness statement. None refer to case law. I'm trying to get that part together.

[PlanB]

Re: Arrow Global/ MBNA Court hearing

:bump2::bump2::bump2:

This OP needs legal input for a court hearing on Monday. He wants case law to back up his Defence.

The Claimant has not complied this his section 78 request. No Ts & Cs from account inception sen.t

He also has a (possible) bad DN

In post #2 Celestine says the MBNA application form sent is not enough to enforce the debt. Will the DJ see it the same way :nerd:

[roygoodbeat]

Re: Arrow Global/ MBNA Court hearing

Knowing eastbourne courts, they have a habbit of favouring the claimaint. Any case law and an an idea of how to produce my skeleton argument would be a great help.

Big trouble is I am working in the middle of no where today and tomorrow, so getting to the internet is a pain.

[pt2537]

Re: Arrow Global/ MBNA Court hearing

Knowing eastbourne courts, they have a habbit of favouring the claimaint. Any case law and an an idea of how to produce my skeleton argument would be a great help.

Big trouble is I am working in the middle of no where today and tomorrow, so getting to the internet is a pain.

The case law is all out there, Carey, Kotecha, Arrow Global Guernsey v O connor, etc, but its knowing the legal principles that causes most people difficulties.

The skeleton argument is basically the skeletal outline of your legal argument, it is not a statement of fact, it is merely legal submissions for the judge to help him follow your argument.

Again, the problem is, its all very well and good writing a skele, but if you dont know or understand the law, then the skele may as well be written in a foreign language

Ill have a loook and see if i have any skeletons that i can post to show you how to set it out, cant make any promises though

[PlanB]

Re: Arrow Global/ MBNA Court hearing

And I'll post some links to that case law tomorrow :typing:

[roygoodbeat]

Re: Arrow Global/ MBNA Court hearing

If you could, that would be great. Case is on Monday but I take it is good practice to send them to the court beforehand.

[roygoodbeat]

Re: Arrow Global/ MBNA Court hearing

any luck with those bits? Also need to mention that the original application form was for a promotion that allowed cash back paid back to BHA fc. This would have appeared in the original terms and conditions if they had ever been sent. If they suddenly produce t&c's in court, which they have never sent before, for it to be a ture copy, this would need to be mentioned I am sure.

[pt2537]

Re: Arrow Global/ MBNA Court hearing

Evening,

I havent had chance sorry, i leave home at 5 am and have only just walked in now, its fair to say im knackered.

the best option is to try and catch hold of me in the day time at work, as this time of night im fit to drop.

[pt2537]

Re: Arrow Global/ MBNA Court hearing

i did a case vs Arrow around 5 months ago, and they lost, i still have the skeleton argument that we used so may welll be able to point you in the right direction

One piece of advice, section 78 requires documents to be provided at the same time, not separatley, the use of the word "Together with" suggests so too.

Also, id point out that if you do lose, ask for permission to appeal, if the judge refuses MAKE SURE you ask for an N460 reasons for refusing permission to appeal, this is a key document that is needed for appealing if you did lose.

[mystery1]

Re: Arrow Global/ MBNA Court hearing

HFO CAPITAL V ROBINSON JUDGEMENT (1).pdf

M1

[roygoodbeat]

Re: Arrow Global/ MBNA Court hearing

Going through my credit report from 2011, they also registered the default on the 30/09/2009 and charged the account off.

Second question, do I have to submit the Skelton argument to both parties prior to the day? The last two cases I was involved in this was given to me only 30 minutes before proceedings.

[pt2537]

Re: Arrow Global/ MBNA Court hearing

Good practice to file and serve before the hearing. Normally you exchange 24 hours before

Make sure the court has it at least 24 hours in advance

[roygoodbeat]

Re: Arrow Global/ MBNA Court hearing

I am off this morning so I'll prepare it. Haven,t a clue in what format to do this. Any ideas or skeleton agruments or case examples, please help!

Thanks

[pt2537]

Re: Arrow Global/ MBNA Court hearing

I am off this morning so I'll prepare it. Haven,t a clue in what format to do this. Any ideas or skeleton agruments or case examples, please help!

Thanks

My DDI is 01273 718544 . If you wanna give me a buzz I can talk you through whats needsd in about 10 minutes. Best time is after 10am

[roygoodbeat]

Re: Arrow Global/ MBNA Court hearing

Thanks