wycombe V MBNA

[wycombe]

As I am a 'transfer' from CAG and awaiting my hearing for a Summary Judgement Application I have put a link here to my thread over there. If this is against Forum policy I apologise and will understand if this thread is deleted.

It would be too time consuming for me to re-type or even cut and paste all the relevant details over to here so the link is to help those on this Forum who are wrestling with MBNA with all the invaluable advice I have so far been given and the steps I have been through so far.

MBNA (through Restons - the solicitors who act often on their behalf) tend to follow a formula once an account has defaulted. If one owns a property or stake in a property they do not sell the debt onwards to some bottom feeding Debt Collecting Agency but chase you themselves. Thus you will, in very short order, receive a Summons through the Northampton bulk centre with a standard POC - the only difference between the Summons issued being the amounts they claim! Once you have gone through the usual CPR and SAR requests and submitted your defence Reston's go for Summary Judgement - the point I have now reached. If they succeed they then go for a Charging Order on your property or your share in a property. The whole point in MBNA chasing you is to turn an unsecured debt into one secured on your assets. If you have no assets your debt is sold on - often for as low as 10p in the £ which does give you some leeway if you have the resources to go for a full and final settlement.

Anyway my link is here:

http://www.consumeractiongroup.co.uk...-Restons-(MBNA)

[Amethyst]

Re: wycombe V MBNA

Hi(gh) Wycombe

It is absolutely fine to paste your info over from other sites (so long as its okay with them too) and to link to threads. Bear in mind some people (well quite a few) may not have access to read those in full so as you have done herem a good outline summary is useful. If anyone does paste stuff from CAG, can you overtype those irratating pop up box things with plain text pls they are majorly irratating.

Anyway, if I can get on that site I'll have a read of the thread.

Restons like the rubber stamp approach of Northampton and dont seem quite to know what to do if someone actually responds, and they love trying it on with charging orders...as you well know. I hate them as they managed to get one on my house back in 2006!, but I did get their collection charge taken off by the judge at least.

Have you submitted anything yet ref the Summary Judgment application ?

Best

Ame
xx

[wycombe]

Re: wycombe V MBNA

I have my Witness Statement more or less done and dusted. It is on the thread over on the other side. I am now just polishing everything off - in fact today I just finished my Bill of Costs.

The actual hearing is later this month so I have a couple of weeks to go before I send Reston's a copy of the WS and submit a copy to the court (with the costs). So I am using my time reading up on the case law etc involved in all this and familiarising myself as much as possible with all my documentation. I like to be ready as early as possible so I'm not trying to do everything at the last minute

As this is my very first brush with the British legal system - I'm almost 60 years old - I am understandably quite apprehensive and nervous about it all particularly in respect of escalating costs and the knowledge they are eventually trying for a Charging Order.

[diddydicky]

Re: wycombe V MBNA

it is rare for Restons/mbna to get a sj if it is defended- they usually hope that the def wont bother turning up
they will send yu a bill for around £1700 quid and send a trainee barister

all you need to is show that you have an arguable defence

[wycombe]

Re: wycombe V MBNA

Thanks for the encouragement DD.

Am still apprehensive as there have been a few friends on the 'other' side who fell flat on their faces at the SJ stage. But I did get some encouragement from the Community Legal Advice people who have negotiated token payments with all my other creditors - keeps them off my back until this MBNA issue is sorted. They also tried to negotiate with MBNA who simply ignored all approaches to begin with and finally stated as court action had started it would continue.

Anyway one of their legal team had a look through my WS and stated all was valid - but because Reston's had asked for a 40 minute hearing - it may be a bit too long! I just hope there is enough there to convince a DJ to deny the SJ.

My Bill of Costs comes out at between £500 to £600 in total.

[pompeyfaith]

Re: wycombe V MBNA

can you overtype those irratating pop up box things with plain text pls they are majorly irratating.

Specially on a smart phone with only a 4" screen.
------------------------------- merged -------------------------------

t is rare for Restons/mbna to get a sj if it is defended- they usually hope that the def wont bother turning up
they will send yu a bill for around £1700 quid and send a trainee barister

all you need to is show that you have an arguable defence

Indeed I successfully defeated optima legal on an SJ ok the end result was £20 a week but they did not get there charging order on my house.

It was also well less than the £50 a mth I offered MBNA.

PF

[wycombe]

Re: wycombe V MBNA

Thanks PF - Hope I get a result as good!!

[paulb2905]

Re: wycombe V MBNA

Wycombe - hiya any update on how this went? NM i looked up on other thread - crappy result!! Glad that your at home and feeling better now.

Not sure what the process is but i think you can make a complaint against the judge - he clearly has disregarded all directions in the Equal Treatment Bench Book - which gives guidance on how LiP should be treated.

Anyone else reading this who needs a link to the relevant web its Judiciary of England and Wales | Publications and reports | Equal Treatment Bench Book
section 1 and maybe section5 if you have a disability of any kind.

Also everyone who is LiP is entitled to a "McKenzie Friend" this is someone who can enter court with you and provide support/take notes and assist you with the documents. Trust me this definately helps!!!!

I would print up the EQUAL TREATMENT BENCH BOOK in HUGE LETTERS and have it as your very first page so the judge can see it when you open your documents up!!!!

[Amethyst]

Re: wycombe V MBNA

wycombe V Restons (MBNA)

My thanks to everyone for their best wishes.

Unfortunately this is another one to be chalked up to the judge lottery.

My SJ hearing was set for 2pm and we went in about 4.15pm

My opposition was a high flying barrister from some Chambers in the Temple. Anyway he kicked off with his skeleton argument (which he tried to present to me about 10 minutes before the hearing was due - judge was not concerned). I diligently made notes of the points I was to raise and challenge when it came to my turn.

This is when I discovered I was sunk without trace. The judge was not interested and would not allow me to challenge anything is Ms Powell's WS because it was a sworn statement of truth. Then she reminded me this was a forty minute hearing and she was going to finish in that time so I was told I could not refer to case law or submit such. I was unable to challenge the application/agreement or the DN as what Ms Powell stated was true. Then Carey was mentioned - great I thought as I have the arguments off pat for this but the judge would hear none of it.

I thought to myself why on earth am I here! She then told me that my case was based on technicalities and had no merit. Anyway the SJ was given and I have 21 days to try and get the readies together then

MBNA can go for enforcement. Talk about one-sided! My WS counted for absolutely nothing and everything the opposition stated was deemed as unchallengeable fact. Hopefully they will then discover that I am a 'man of straw'.

Anyway I do not have the money or stomach for an appeal - I am in hospital on Tuesday for a major operation and this is going to knock me for six for a bit. I'm going to have a short break with the wife before my op and hope to be back on CAG again once I am discharged.

Again I give my heartfelt thanks to everyone who has helped me in any way - many have become friends and I value this greatly. Do not be downhearted by my experience as I doubt if anyone could get a judge as one-sided as this one was.

He lost.