Good Morning - my first post! MBNA (Optima) SJ hearing 15th Oct

**enaid** · 19th September 2010, 08:23:AM

Re: Good Morning - my first post!

Hello peedee123 and welcome to beagles.
I would leave your post here for now and see if you get a response.
Enaid x

**Zazen.Warrior** · 19th September 2010, 08:25:AM

Re: Good Morning - my first post!

Hello and welcome, not quite sure what a summery judgement application is, could you tell us a little more, have you responded at all to their claim?

**peedee123** · 19th September 2010, 08:30:AM

Re: Good Morning - my first post!

Originally posted by Zazen.Warrior View Post

Hello and welcome, not quite sure what a summery judgement application is, could you tell us a little more, have you responded at all to their claim?

Thanks for your response!
I've used the wrong wording... It's an application for summary judgement. I.e. Optima are saying I have no reasonable chance of defending their claim so they just want to go for a 30 minute summary judgement in the hope of getting a CCJ or as their lovely customer rep told me back in Feb 'we will go for a charging order and force you to sell your house as we can see you have equity!' What a charmer! :tinysmile_hmm_t2:

**Zazen.Warrior** · 19th September 2010, 08:35:AM

Re: Good Morning - my first post!

Have you acknowledged service, indicated you will defend the full amount, or submitted a defence?

Have you sent a disclosure request, these things take a long time to get a court date, if you could please tell us what you have done to date then we could better advise?

And btw you would have to fail to comply with a court order for them to start going after a charging order against your house.

Even if they win you will only be ordered to pay what you can afford, if it is set too high in the first instance you can apply for a variation order.

**peedee123** · 19th September 2010, 08:43:AM

Re: Good Morning - my first post!

Originally posted by Zazen.Warrior View Post

Have you acknowledged service, indicated you will defend the full amount, or submitted a defence?

Have you sent a disclosure request, these things take a long time to get a court date, if you could please tell us what what you have done to date then we could better advise?

And btw you would have to fail to comply with a court order for them to start going after a charging order against your house.

Even if they win you will only be ordered to pay what you can afford, if it is set too high in the first instance you can apply for a variation order.

Hiya, I've got the POC my defence and everything else saved as pdf files but I'm not sure how to upload them here..... If someone can tell me how to do it I'll upload everything (apart from what I received yesterday as I need to scan that in).

**enaid** · 19th September 2010, 09:27:AM

Re: Good Morning - my first post!

If you click on 'Go Advanced' you will then get 'More Options' and should be able to upload.
Enaid x

**Amethyst** · 19th September 2010, 10:12:AM

Re: Good Morning - my first post!

Hiya, If you have trouble posting your docs please email them to me admin@legalbeagles.info and I'll put them up for you as we do need to review the whole case before being able to advise properly. Optima seem to quite like summary judgements. If you search on Optima on here you should find a few others up against them.

**peedee123** · 19th September 2010, 11:20:AM

Re: Good Morning - my first post!

Hiya and thanks to everyone so far for their comments and advice.

I've attached scanned copies of the POC and my original defence. At that stage I didn't not have and information from MBNA/Optima so found it difficult to file a good defence.

Optima did not respond so my case was stayed. A few months later I receive a letter from Northampton that my case has been transferred to my local county court - no mention of how the stay was lifted.

The files entitled application for SJ and witness statements have been sent to me by both the court and Optima.

I then submitted my witness statement as per the last file.

Optima have now replied to the issues I raised in my witness statement but I'm unable to scan those in and upload them until tomorrow.

Hope what I've attached so far is enough for people to give me advice.

Thanks in advance!

**peedee123** · 19th September 2010, 11:21:AM

Re: Good Morning - my first post!

Originally posted by Amethyst View Post

Hiya, If you have trouble posting your docs please email them to me admin@legalbeagles.info and I'll put them up for you as we do need to review the whole case before being able to advise properly. Optima seem to quite like summary judgements. If you search on Optima on here you should find a few others up against them.

Thanks for your offer Amethyst! I seem to have managed to upload them but would appreciate any advice - thank you

**Amethyst** · 19th September 2010, 11:26:AM

Re: Good Morning - my first post!

The defendant avers that the default notice MBNA served does not comply with prescribed regulations and is therefore invalid.
MBNA has failed to comply with a CPR31.14 request issued on the 12th February 2010 for information needed by the defendant.
The defendant maintains that documentation provided by the claimant is wholly illegible.
The defendant also maintains such illegibility has resulted in essential prescribed terms being missing, which could render any agreement as unenforceable.

That;s your case ??

Okay we need you to scan copies of the agreement copy, reverse of agreement copy and terms up on here please. Also the default notice (and what your argument is on that briefly is it the 14 days bit ?)

What date is the agreement ?

**peedee123** · 19th September 2010, 12:15:PM

Re: Good Morning - my first post!

Originally posted by Amethyst View Post

That;s your case ??

Okay we need you to scan copies of the agreement copy, reverse of agreement copy and terms up on here please. Also the default notice (and what your argument is on that briefly is it the 14 days bit ?)

What date is the agreement ?

Yes, that's my case. The agreement copy, reverse of agreement and terms is page 7 onwards of the witness statements document.

The date of the agreement is 2001.

I don't know if it makes any difference but the agreement I signed is a credit agreement and not a credit card agreement?

The date of the default notice is dated 4th December 2009 and I had until 21st to rectify. I know the date I received the DN was on 9th December due to my parents visiting on that date and that was when I received the letter. This didn't give me the required 14 days.
------------------------------- merged -------------------------------
PS... the scanned copy of the agreement is how it looks on paper. It's totally illegible although they have sent me a reconstituted (sp) copy......
------------------------------- merged -------------------------------
PPS.... In the latest witness statements they have submitted they quote 'The agreement is sufficient to comply with paragraph 3 of schedule 6 in that it is a term stating the manner in which the credit litmit will be determined, namely that it was at the Claimants discretion. This is in accordance with the decision in Brophy v HRC Bank (2010) which is exhibited hereto'

I'll post everything else they have sent tomorrow.....

Thank you!

**Amethyst** · 19th September 2010, 12:18:PM

Re: Good Morning - my first post!

They have sent you copies of the original agreement and reverse, of which the copies are a bit poor due to having been microfishe stored, so they have also sent recons of those agreements to make the legilble. They will get away with that in court quite easily following Carey and numerous other CC judgments recently.

The default notice dated 4th giving till 21st gives plenty of time, and unless (as per Brandon v Amex) MBNA took action before the 23rd (as that would be the 14days from when you say you received it on the 9th) then it caused you no disadvantage (not saying that is right but it is what the judgments coming out are saying). Also they could argue that you received it on 5th or 6th which does give the required 14 days. I think the default notice arguments are flawed tbh.

**pompeyfaith** · 19th September 2010, 12:34:PM

Re: Good Morning - my first post!

flawed yes according to recent judgements but lets remember this is not the law but what will it take to get a lawful judgement because i cant see that coming soon with LiP's and who can afford representation indeed until that happens we are all in a black hole

**peedee123** · 19th September 2010, 12:53:PM

Re: Good Morning - my first post!

So thats it?.... I just have to give in to their application and offer no defence?

Good Morning - my first post! MBNA (Optima) SJ hearing 15th Oct

Good Morning - my first post! MBNA (Optima) SJ hearing 15th Oct

Comment

Comment

Comment

Comment

Comment

Comment

Comment

Comment

Comment

Comment

Comment

Comment

Comment

Comment

Announcement

Court Claim ?