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

[roygoodbeat]

Re: Arrow Global/ MBNA Court hearing

Sorry. It's a supplementary witness statement. Thanks for the notes. I am aware of this case and will be using it as I remember it was ukmail they sent it by.

The statement says that the defendant has failed again to make any specific assertions to advance his submissions for documentation under section 78 and in relation to the default notice. They say that they have given me all the documentation and are asking for the defense to be struck out. It's the documentation that they have supplied is defective which I will use in my defense.

i haven't the time to compile or serve a response. I expect they will also use the lateness of the skeleton agruement as part of their defence. They'll ignore the fact their solicitor was late by 30 minutes. I understood that the skeleton agruement is the basics so that the judge can follow, with the main detail heard on court.

Does not seem fair I have to supply one on the opposition does not. Not exactly equal footing in court and goes against the principles of justice and fair hearing.

[pt2537]

Re: Arrow Global/ MBNA Court hearing

Sorry. It's a supplementary witness statement. Thanks for the notes. I am aware of this case and will be using it as I remember it was ukmail they sent it by.

The statement says that the defendant has failed again to make any specific assertions to advance his submissions for documentation under section 78 and in relation to the default notice. They say that they have given me all the documentation and are asking for the defense to be struck out. It's the documentation that they have supplied is defective which I will use in my defense.

i haven't the time to compile or serve a response. I expect they will also use the lateness of the skeleton agruement as part of their defence. They'll ignore the fact their solicitor was late by 30 minutes. I understood that the skeleton agruement is the basics so that the judge can follow, with the main detail heard on court.

Does not seem fair I have to supply one on the opposition does not. Not exactly equal footing in court and goes against the principles of justice and fair hearing.

do you want a copy of the statement?

[roygoodbeat]

Re: Arrow Global/ MBNA Court hearing

Yes please

[pt2537]

Re: Arrow Global/ MBNA Court hearing

you have mail

[roygoodbeat]

Re: Arrow Global/ MBNA Court hearing

Wanted to thank everyone for their support and help. Was in court yesterday and won with costs.

To summarise:

Section 78 request was found premature by the judge as arrow global and mbna failed to produce t&c's from the old bank of Scotland account. I pointed out that the mbna t&c's originally sent with my request failed to show the correct aprs and failed to mention this was a promotional card designed to give a percentage back to bha FC.
> The default notice was found to be defective as it asked for full amount, not the arrears to remedy the situation. The service was found to be good as ukmail guarantees delivery within two days, including Saturdays.
> Took almost 2.5 hours but for once had a good judge. He did allow the solicitor to make calls to arrow global to clarify what had been sent.
> In court they did try to get it adjourned but the judge declined this. They claimed that I hadn't been specific enough in my arguments in the witness/ defence and skeleton arguments. I did point out that I had mentioned bank of Scotland several times and that I had pointed out the sum requested was defective.
> They are allowed to appeal by 10 jan.
> Outside the court the solicitor said well done and thought it unlikely they would appeal.
Hopefully this is the last of it...

[Nibbler]

Re: Arrow Global/ MBNA Court hearing

Excellent. Thanks for the summary.

[enaid]

Re: Arrow Global/ MBNA Court hearing

Well done. x

[wales01man]

Re: Arrow Global/ MBNA Court hearing

Its all a game?

[Amethyst]

Re: Arrow Global/ MBNA Court hearing

arrow global and mbna failed to produce t&c's from the old bank of Scotland account.

mbna t&c's originally sent with my request failed to show the correct aprs, failed to mention this was a promotional card designed to give a percentage back to bha FC.


default notice was found to be defective as it asked for full amount, not the arrears to remedy the situation.

Highlighted the main bits as I see it.

Superb work, well done Really pleased for you.

[Celestine]

Re: Arrow Global/ MBNA Court hearing

Congratulations Roy, absolutely delighted for you.

[FlamingParrot]

Re: Arrow Global/ MBNA Court hearing

Great to see a LIP winning a UE case in court! :high5: :high5: :high5:

Goes to show it can be done! :whoo:

[jax50]

Re: Arrow Global/ MBNA Court hearing

Congratulations... :yo:

[roygoodbeat]

Re: Arrow Global/ MBNA Court hearing

Thanks everyone. To be fair, had a good judge who listened.

[PlanB]

Re: Arrow Global/ MBNA Court hearing

Was in court yesterday and won with costs.

That's brilliant news I love it when a LIP wins in court.

Thank you so much for your summary of the arguments you put forward which the DJ accepted and the one he rejected on the DN service. That didn't really matter in the end because the DN was defective so who cares when it arrived

The very good news is that Arrow was ordered to pay the legal costs so be sure to make your bill as big as possible within the spirit of the rules. Ask on here if you need help with that too.