MBNA - LINK Financial & Judgement

[highwaytohell]

Re: MBNA - LINK Financial & Judgement

Sorry Celestine, before I complete the XX Date, can I just check my dates are correct.

Submit the response to POC through MCOL on 07.10 so I assumed 14 Days (working) from then, which would take me to: 27 October 2011. Then agreed 28 day extension, which should of taken me to: 6th December

Doesthat sound about right ??

Thanks

[Angry Cat]

Re: MBNA - LINK Financial & Judgement

It would appear that you have an arguable defence if you are able to submit it.

Hopefully, the court will agree to setting aside the judgement.

Good luck!

[highwaytohell]

Re: MBNA - LINK Financial & Judgement

set aside GBP80.00 I had to pay recently, just check when you put it to court??

Thanks Mike770 - Will give Northampton CC a call and verify before sending.

[Angry Cat]

Re: MBNA - LINK Financial & Judgement

The following may assist you:
County Court Bulk Centre frequently asked questions

[highwaytohell]

Re: MBNA - LINK Financial & Judgement

I have to say that in the very very short period I have been on this forum..... I have gone from feeling suicidal (figure of speech) to feeling a lot more positive. Sometimes you just feel like throwing your arms in the air and saying to hell with it, let them take everything.

Then you get the help from you people, and you suddenly think...to hell with it, why should they continue to get away with shafting everyone they can.....I think these people pray on the weak, and its with the help of you good people that we are able to start fighting back.

Fantastic work and many thanks from the bottom of my heart. :thumb:
------------------------------- merged -------------------------------

The following may assist you:
County Court Bulk Centre frequently asked questions

Very useful and informative. Many thanks

HTH

[highwaytohell]

Re: MBNA - LINK Financial & Judgement

Well N244 plus cheque and request for transfer sent recorded delivery, now to wait.

However, got home tonight to a letter from Link stating:

"They have today applied to the court for a Charging Order".......

So here we go again with the roller coaster of emotions and feelings.......ovious questions:

1. What are the ramifications of this action?
2. Will the court just grant this?
3. Will my application to set aside have any effect on this?

sure there is a load more but these are the worrying one,s for now :~(

Any advice would be most welcome.......its going to be a wonderful Christmas!

HTH

[Baileyboy]

Re: MBNA - LINK Financial & Judgement

Don't lose faith, the courts will close over Christmas until the New Year so Link and you will be in limbo for a few days. If your set aside is successful then the CO will not go through, as it was based on the default judgement in Links favour.

[basa48]

Re: MBNA - LINK Financial & Judgement

Don't lose faith, the courts will close over Christmas until the New Year so Link and you will be in limbo for a few days. If your set aside is successful then the CO will not go through, as it was based on the default judgement in Links favour.

The court will not consider the CO until the set aside application is heard (assuming you have made the application).

Also I'm not sure 31.14 would have been the correct application since no statements have yet been issued. You should have used 31.16 Disclosure before Proceedings.

Don't think a set aside is a done deal. Yes the courts are EXTREMELY lenient with lenders (as I know to my cost), but I can't guarantee the same would be granted a creditor.

You won't get away with just saying you wish to defend, you must actually have a reasonable chance of your defence being successful and for that you will have to put it to the judge hearing the set aside (which will have the unfortunate effect of telling it all to the lender as well).

Mind you, if after that you do get the set aside you will know your defence is a good 'un!!! For the time being.

[highwaytohell]

Re: MBNA - LINK Financial & Judgement

Thanks Baileyboy & Basa48

Nobody has ever menioned the 31.16. The application (N244) has been submitted would of got it yesterday or today depending on post, so will just have to sit and wait now, I dont think there is anymore I can do until the set aside is sorted.

One of my arguments is the amount of money Link put on the debt, few weeks ago they sent a statement, they had lumped the best part of £2k onto it without any explanation as to why, yet a week previous to that they sent a letter to state that they could add interest but had choosen not to...... That was pre Judgement. Also, there is something like nearly £3k that is recoverable through PPI, which would make a massive impact to the final balance, so much so that I was hoping to agree a lump sump payment with them as a final thing.

Thanks and Merry Christmas to everyone.

HTH

[MIKE770]

Re: MBNA - LINK Financial & Judgement

The court will not consider the CO until the set aside application is heard (assuming you have made the application).

Also I'm not sure 31.14 would have been the correct application since no statements have yet been issued. You should have used 31.16 Disclosure before Proceedings.

Don't think a set aside is a done deal. Yes the courts are EXTREMELY lenient with lenders (as I know to my cost), but I can't guarantee the same would be granted a creditor.

You won't get away with just saying you wish to defend, you must actually have a reasonable chance of your defence being successful and for that you will have to put it to the judge hearing the set aside (which will have the unfortunate effect of telling it all to the lender as well).

Mind you, if after that you do get the set aside you will know your defence is a good 'un!!! For the time being.

Agree with, do not take for granted a set aside so you can defend, it is an area over-ridden by DJ, you have to show a reasonable chance of success in order to set aside, so hence you need very good argument for set aside., DJs are trying to cut time down on considered waste of timers I seem to find, yet we probably have a good case but they are out to crush you - so be warned, make sure a good reason given?
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Thanks Baileyboy & Basa48

Nobody has ever menioned the 31.16. The application (N244) has been submitted would of got it yesterday or today depending on post, so will just have to sit and wait now, I dont think there is anymore I can do until the set aside is sorted.

One of my arguments is the amount of money Link put on the debt, few weeks ago they sent a statement, they had lumped the best part of £2k onto it without any explanation as to why, yet a week previous to that they sent a letter to state that they could add interest but had choosen not to...... That was pre Judgement. Also, there is something like nearly £3k that is recoverable through PPI, which would make a massive impact to the final balance, so much so that I was hoping to agree a lump sump payment with them as a final thing.

Thanks and Merry Christmas to everyone.

HTH

Warning - do not sit on it get an amendment straight away 31.16, you will loose else, I did on quoting wrong section, a DJ could of as I was litigant amend para but said I would have to re-submit another set aside (cost) to use it, that was my experiance, also these D.Js I feel are not up to looking at CCAs cases etc, probably are a few but you watch they seem oblivious to some arguments, I may be wrong but do not think so!!

[highwaytohell]

Re: MBNA - LINK Financial & Judgement

Thanks guys.

Okay this 31.16, have read what it is, etc. But don'nt understand what I can do now.

Link have already got a judgement for the total amount.
I have submitted my N244 requesting a set aside.

Are you suggesting that I now do the 31.16 as an amendment/part of my N244 ?

Sorry if sounding thick, but all this is a bit of a foreign language and I'm learning as I go along.

Thanks

HTH

[basa48]

Re: MBNA - LINK Financial & Judgement

Thanks guys.

Okay this 31.16, have read what it is, etc. But don'nt understand what I can do now.

Link have already got a judgement for the total amount.
I have submitted my N244 requesting a set aside.

Are you suggesting that I now do the 31.16 as an amendment/part of my N244 ?

Sorry if sounding thick, but all this is a bit of a foreign language and I'm learning as I go along.

Thanks

HTH

Bit late now to amend the application or submitting a 31.16.

You will need to have a good defence argument for the set aside hearing.

I don't know exactly what documents the claimant is depending upon to make his claim (and apparently nor do you hence the Part31 request). If you don't have sight of the claimants docs (in particular the compliant Credit Agreement and a valid Default Notice at the very least) that is a valid reason to set aside the judgement until such time as you can see their evidence and prepare a defence.

The courts do like to see that everyone is given a chance to defend themselves, but won't tolerate laziness, ignorance or stupidity (not that I am suggesting you are any of those!!)

[Angry Cat]

Re: MBNA - LINK Financial & Judgement

[QUOTE=highwaytohell;240139]Thanks Baileyboy & Basa48

Nobody has ever menioned the 31.16. The application (N244) has been submitted would of got it yesterday or today depending on post, so will just have to sit and wait now, I dont think there is anymore I can do until the set aside is sorted.

One of my arguments is the amount of money Link put on the debt, few weeks ago they sent a statement, they had lumped the best part of £2k onto it without any explanation as to why, yet a week previous to that they sent a letter to state that they could add interest but had choosen not to...... That was pre Judgement. Also, there is something like nearly £3k that is recoverable through PPI, which would make a massive impact to the final balance, so much so that I was hoping to agree a lump sump payment with them as a final thing.

Thanks and Merry Christmas to everyone.

HTH[/QUOTE

Please stay focused, CPR Part 31.16 relates to disclosure before proceedings start. It also makes mention of CPR Part 31.6:

Disclosure before proceedings start
31.16
(1)This rule applies where an application is made to the court under any Act for disclosure before proceedings have started.

(2)The application must be supported by evidence.

(3)The court may make an order under this rule only where –

(a)the respondent is likely to be a party to subsequent proceedings;

(b)the applicant is also likely to be a party to those proceedings;

(c)if proceedings had started, the respondent’s duty by way of standard disclosure, set out in rule *31.6, would extend to the documents or classes of documents of which the applicant seeks disclosure; and

(d)disclosure before proceedings have started is desirable in order to –

(i)dispose fairly of the anticipated proceedings;

(ii)assist the dispute to be resolved without proceedings; or

(iii)save costs.

Standard disclosure – what documents are to be disclosed
*31.6
Standard disclosure requires a party to disclose only –

(a)the documents on which he relies; and

(b)the documents which –

(i)adversely affect his own case;

(ii)adversely affect another party’s case; or

(iii)support another party’s case; and

(c)the documents which he is required to disclose by a relevant practice direction.

You, have submitted the correct application as Link have already issued.
Post is very slow at this time of year, for obvious reasons...

Be patient and prepare your defence for the set aside;
stick to your guns!

Merry Christmas.

[highwaytohell]

Re: MBNA - LINK Financial & Judgement

Well its been some time since any real activity. To bring everyone up to speed, here is where I am, and now asking kindly for advice/help:

• Link Financial Applied for a charging order on our property
  
• I submitted documents to the court to ask for the hearing date and location to be changed. (I paid)
• Hearing was changed to my local county court.
  
• Hearing date set for 30th May 2012

The local CC made a major screw up, in that documents were sent to me advising me of the new court date; 30th May 2012. Then 2 weeks ago, we received a letter from the court, stating that in my absence the judge had awarded to "Link Financial" and added another £2k interest.

Spoke to the court, they admitted straight away they screwed up and assured me they would get it revoked on the following working day, which they did.
Only thing now is that I hope the judge does'nt feel miffed with me when I do appear.


So, I have a bundle of docs to take with me, and the crux of my argument will be that:
1. I believe the sum Link are going for it wholy incorrect, as there is a large sum within that amount that I am reclaiming on PPI
2. Link are claiming Interest on the outstanding amount, I have never had an agreement with Link, or given them anthing to say that I accept they have
taken over the debt, so how can they get interest.
3. Interest being charged after the date Link gave me a letter (attached) stating they were not going to charge interest.

I am sure there are other reasons I can present to him, but to be honest my head is so screwed with this, and the lack of sleep through worry is not helping.

Would really appreciate some advice on this, and maybe information from others who were in the same position on how it went for them.

My ultimate goal would be to get this kicked out, but I realise thats going to take a miracle, so 2nd place would be to:

• Get the interest LINK have been adding, removed.
  
• Get the total amount reviewed given that potentially there is somewhere in the region of £3k + in PPI Charges.
  
• Get it held over UNTIL the PPI with Link is resolved.

The whole thing is now begining to affect my work and that does'nt help when currently my area is under risk/review. I have been allocated 30 mins to fight my corner.

Question: Worst Case scenario and they get the "Charging Order" - what can the outcome be, I realise what the Charging order means, I think I am referring to what will LINKS next course of action be if they win the Charging order.

Really throwing myself at everyone's mercy here.............


Many thanks


HTH