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tdlawyer
tdlawyer, Lawyer
Category: Law
Satisfied Customers: 1096
Experience:  11 years experience of general practice.
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In Nvember 2013 I received a letter from MBNA (dated 1st Nov)

Resolved Question:

In Nvember 2013 I received a letter from MBNA (dated 1st Nov) stating that my PPi claim had been successful and the money_ almost 7k would be sent by cheque within 28 days but I m still waiting.
I have written again to MBNA and phoned several times in the last month but customer services don t have a any answers.I know I could go through the FO but that could take up to 2 years. Is there anything more I can do? Thanks
Submitted: 3 years ago.
Category: Law
Expert:  tdlawyer replied 3 years ago.

tdlawyer :

Hello, welcome to the website. My name isXXXXX can assist you with this.

Customer:

Is there any way i can get my money soon?

tdlawyer :

Yes, you can issue a claim in the court and you can rely on the admission in their letter as reason to seek judgment summarily from them. This would avoid the need to have a full trial etc.

Customer:

How do I do that- do we have small claims courts in Northern Ireland? How much will it cost? Thanks

tdlawyer :

You do have small claims in NI, however, it is limited to £3,000, so you fall outside that. Because it's in the main court system, and therefore all the technical rules exist, my strong advice would always be to get a lawyer to look at this for you. however, if you wanted to do it yourself, you could, you would go to your local county court and issue a claim there. But, like I said, I would always suggest a lawyer does it in the main court system. You should get your costs back though if you need to issue proceedings because you already have a clear admission by the sounds of it!

Customer:

Is it usual to have to go to this length to get what is lawfully mine? I feek

tdlawyer :

No, it's not, and to be honest I expect if you tell them you're about to issue court proceedings, you'll get their mind focussed and get paid. Especially since they admit its due to you!

Customer:

Sorry - I feel like asking for compensation for hassle & lass of interest too

tdlawyer :

You can't get that, I'm afraid, as much as you might deserve it. The law doesn't allow for that kind of recovery in this type of claim.

Customer:

Ok thanks . Which should I do first -see a lawyer or tell them I' m issuing court proceedings?

tdlawyer :

I'd tell them you're about to issue proceedings first, I think that will probably sort it to be honest.

tdlawyer :

If it doesn't, then you can get instructions how to issue a claim here: https://www.courtsni.gov.uk but, again, I would use a lawyer.

Customer:

Ok - I ll do it Monday morning.Thanks Bye

tdlawyer :

Thank you! Have a great weekend. bye!

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