Court summons restons mbna. Help please.

NorthernLas

Yes, I think it is reasonable that they should have written to you to tell you the result of their discussion with MBNA.

elennor

A further query

Restons are adding s69 interest to our claim which it looks like they can't do:
3) Interest shall not be payable under this Order where the relevantjudgment—

(a)is given in proceedings to recover money due under an agreementregulated by the Consumer Credit Act 1974(2);

My question is: if we are agreeing the claim how do we go about arguing this-do we dispute this part of the claim or should I just ignore it as it will only be around £20 and they will have to wait years to get it all anyway. Or can we argue it later at a redetermination hearing?

Any thoughts appreciated.

Sparklyfairy

I'm not really sure, but thought I'd give this a "bump" in case anyone else out there knew the answer to this!

My thoughts are: if you wanted to go ahead & argue the interest, then it would form part/all of your partial defence (you have those 3 options - admit all, admit some or deny all) - so that would be the 2nd option. From what I have read of others in this situation, Restons & MBNA won't argue over the little fees & will just really want the bulk of the debt back. Once you have submitted this partial defence a court date will be arranged (at your local court) & a judge & Reston's will attend & you'll basically re explain your defence to the judge. Hth xx

elennor

I was wrong about the s69 interest. Someone on the consumer action group explained it. It is allowed under a county court claim to the date of the judgement but not if other interest added at the same time (I assume I am reading this right). The 1991 order is about interest added after a judgement.
I have copied post below in case someone else wants to know about it:

the '91 Order is in re of

interest on judgement debts.

s69 County Courts Act interest is up to judgement or date of payment if payment is made before judgement.

s69 County Courts Act
'69 Power to award interest on debts and damages
(1)Subject to [F1rules of court], in proceedings (whenever instituted) before a county court for the recovery of a debt or damages there may be included in any sum for which judgment is given simple interest, at such rate as the court thinks fit or as may be prescribed, on all or any part of the debt or damages in respect of which judgment is given, or payment is made before judgment, for all or any part of the period between the date when the cause of action arose and—
(a)in the case of any sum paid before judgment, the date of the payment; and
(b)in the case of the sum for which judgment is given, the date of the judgment.................
.................
(4)Interest in respect of a debt shall not be awarded under this section for a period during which, for whatever reason, interest on the debt already runs.....'
'

elennor

UPDATE
Got our determination back from Northampton court yesterday-the judge has decided we have to pay £50 a month. Was really surprised they didn't go for a forthwith for full amount but still expect them to go for a redetermination. I am ok with paying £50 as our CCCS payments are due to increase anyway so they will just get it instead of it being shared and I'll therefore get them off my back quicker.
Not going to risk going for a redetermination in case they go for a CO - perhaps thats why they didn't ask for a forthwith-who knows.
Anyway, quite relieved at the moment but not holding my breath. Will update if I get anything else from them.