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

[PlanB]

Re: Arrow Global/ MBNA Court hearing

My DDI is 01273 718544 .

I've logged that on my Speed Dial :cell:

[charitynjw]

Re: Arrow Global/ MBNA Court hearing

I've logged that on my Speed Dial :cell:

I've already tried it.

Who is Big Boy, & why would I want to do something like that?

[MIKE770]

Re: Arrow Global/ MBNA Court hearing

I've logged that on my Speed Dial :cell:

New you were on speed !! lol

[PlanB]

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

And take three copies with you to the hearing. One for you, one for the opposition (who'll say they never got it) and one for the DJ (who probably won't have got it because it will be stuck somewhere in the court filing system).

Ditto the case law. Highlight in yellow the relevant bits you are directing the court to read.

Here's Kotecha vs. Phoenix Recoveries:

http://www.bailii.org/ew/cases/EWCA/Civ/2011/105.html

[PlanB]

Re: Arrow Global/ MBNA Court hearing

If you're arguing a bad Default Notice here is Brandon vs. American Express:


http://www.bailii.org/ew/cases/EWCA/Civ/2011/1187.html

[PlanB]

Re: Arrow Global/ MBNA Court hearing

Here's Harrision vs. Link which covers a lot of potential arguments. PT had a hand in winning this case too :clap2:


http://www.bailii.org/ew/cases/EWHC/...e/2011/B3.html

[PlanB]

Re: Arrow Global/ MBNA Court hearing

The case law is all out there, Carey, Kotecha, Arrow Global Guernsey v O connor, etc

I can't find that case

All I get from Google is a Professor O'Connor writing about Global warming msl:

[roygoodbeat]

Re: Arrow Global/ MBNA Court hearing

thanks

[MIKE770]

Re: Arrow Global/ MBNA Court hearing

I can't find that case

All I get from Google is a Professor O'Connor writing about Global warming msl:

Nor me!

[pt2537]

Re: Arrow Global/ MBNA Court hearing

[ATTACH=CONFIG]9664[/ATTACH]

M1

Roy check your email matey, that should help you and if you need anything else holler

[pt2537]

Re: Arrow Global/ MBNA Court hearing

I can't find that case

All I get from Google is a Professor O'Connor writing about Global warming msl:

You wont find it but i was the fee earner on it, so i knew it was won and how

[roygoodbeat]

Re: Arrow Global/ MBNA Court hearing

Ho hum. Dropped by skeleton agruement to the court at the weekend and posted this the arrow. Gave to the solicitor when he arrived.

They turned up late due to being tied up on another case. Judge decided that as they had only scheduled the case for 1 hour 15 minutes, and that they only had 30 minutes to go, the case is postponed for at least 28 days. This is frustrating as it gives the opposition another month at least.

[roygoodbeat]

Re: Arrow Global/ MBNA Court hearing

Next hearing on Tuesday. Received a supplementary defence from arrow when I got home last night. Basically rubbishes the skeleton agruement. They say that it fails to give specifics to my agruement and want the defense struck out. surely a skeleton arguement is the basics and it is in court that you fill in the details of why. Still claim they have submitted everything that is required and still mentioning that an agreement was entered into with mbna, not bank of scotland. Still no bank of Scotland t & c's and they claim section 78 has been satisfied.

they have now given a statement of account which will only back up the faulty default notice and are still claiming it was sent first class, not uk mail as mbna were doing at the time.

they are also claiming they never received the skeleton argument until the morning of the hearing and they blame this for the reason why the hearing did not go ahead. Haven't mentioned the fact their solicitor did not turn up on time and therefore could not have had time to hear the case.

Seems the court system is not on equal footing if they can get away with this.

[pt2537]

Re: Arrow Global/ MBNA Court hearing

Next hearing on Tuesday. Received a supplementary defence from arrow when I got home last night. Basically rubbishes the skeleton agruement. They say that it fails to give specifics to my agruement and want the defense struck out. surely a skeleton arguement is the basics and it is in court that you fill in the details of why. Still claim they have submitted everything that is required and still mentioning that an agreement was entered into with mbna, not bank of scotland. Still no bank of Scotland t & c's and they claim section 78 has been satisfied.

they have now given a statement of account which will only back up the faulty default notice and are still claiming it was sent first class, not uk mail as mbna were doing at the time.

they are also claiming they never received the skeleton argument until the morning of the hearing and they blame this for the reason why the hearing did not go ahead. Haven't mentioned the fact their solicitor did not turn up on time and therefore could not have had time to hear the case.

Seems the court system is not on equal footing if they can get away with this.

a Defence?

They are the Claimant? they dont defend unless youre a part 20 Claimant? I do happen to have a witness statement from MBNA from Harrison which confirms MBNA only use UK MAIL !!! which was proven to be wrong as they used 2nd Class in Harrison.

Ill double check the statement but it is on public record now so could be used in other proceedings.

[pt2537]

Re: Arrow Global/ MBNA Court hearing

From para 10 of Nicola Wordens statement

Exhibited to this Witness Statement at "NW3" is a copy of the default notice
which was served by MBNA on the Claimant ("Default Notice"). The
Default Notice was dated 3 October 2008 and, in accordance with MBNA's
standard procedure was despatched to the Claimant on 3 October 2008 by
way of UK Mail's Business Class service which guarantees delivery within
two days of despatch, induding Saturday~. It is not, and was not in October
2008, the standard practice of MBNA to send default notices to customers by
~ecOl1d class post. There is no reason why the Default Notice sent to the
Claimant in lhis case would have been sent by second class post contrary to
MBNA's standard procedures.