MBNA(Howard Cohens) vs Davetherave - WON

[Davetherave12]

I am being taken to court by Howard Cohens, Have read much about them on here and looks as though other people are experiencing the same as me.

 

History as follows:

 

Received a claim form back in Jul 2009

Had already CCA'd MBNA Before this date and recieved CCA but it is barely legible, will post up now.

Submitted embarrassed defence, then allocation questionaire.

Submitted standard disclosure(just the cca i received)

Received Standard disclosure from Cohens(not a complete list of statements on the account, in fact the last statement they provided does not even match the amount they are claiming, nor do they cover the entire length of the agreement)

requested docs form Cohens

Received updated disclosure from Cohens:

1.Copy of Agreement,

2.Copy statements,

3.Copy Notice of assignment

4.Copy Default notice,

5.Copy of most recent t's&c's,)

 

Cohen's have sent me nothing and No deed of assignment disclosed or sent.

 

That's where I am at the mo, the exchange of witness statements is next month,

 

What do I need to post up to get some help,

 

I have submitted two defences already, but feel I may need to submit another defence based on further docs found and further info read on here,

 

can anyone help?

 

I'll have posted a copy of my aggreement on here, any advice would be greatly appreciated.

 

I've have read very encouraging things on this site which is why I have decided to post.

Agreement.pdf

Edited June 12, 2010 by Davetherave12
typo

[supasnooper]

Hi there,

 

welcome to CAG.

 

 

Please can you post up the Particulars of Claim found on the blue paper Form N1. Be vague with the amounts.

 

Has the claim been allocated Small Claims or Fast Track ?

 

 

Have you sent a Subject Access Request letter to MBNA ? If not, get it off ASAP and include a specific request for the "Comms Log" or the "Customer Information System log".

The Consumer Forums - Debt collectors

This cost £10.00 and send by recorded delivery.

When they respond you'll be able to compare all the documents.

 

have a read of this thread to see why - http://www.consumeractiongroup.co.uk/forum/legal-issues/160395-restons-court-action.html

 

 

IMHO, the agreement is a typical bodge from MBNA. If you look at the date codes at the bottom RHS, they are different - one is 02-01 and the other is 03-04.

Tres odd for a duplex printed agreement.

 

Finally, do a search for threads featuring Cohens so you get a heads -up of how they operate.

[Davetherave12]

Thanks I will post up POC in a bit,

 

Will send a subject access request to MBNA first thing Monday,

 

I probably won't get them back before I have to exchange witness statements though, will that matter.

 

thanks

 

Dave

[Davetherave12]

POC as follows:

 

The Claimant's claim is for the sum of £10,xxx being monies due from the defendant to the claimant under a regulated credit agreement between the defendant and MBNA under reference xxxxxxxxxxxxxxxxxx and assigned to the Claimant on xx/xx/xxxx notice of which has been given to the defendant.

 

The Defendant failed to make payment in accordance with the terms of the agreement and a default notice has been served upon the defendant persuant to section 87(1) of the consumer credit act 1974

 

The Claimant Claims the sum of £10,xxx

 

It's a fast track claim if that helps,

 

thanks

 

Dave

[supasnooper]

Thanks for posting the above info.

 

Did you ask the court to order disclosure of the NOA ?

 

Are you aware if the DN is compliant ?

 

As the claim is Fast track you are entitled to ask for disclosure of any document mentioned in the POC's

[Davetherave12]

I have the original NOA, not 100% sure I received a DN though!!

 

No deed of assignment produced though, is that a factor.

 

I need to have a really good look at the docs they have sent me, it looks like they have "shuffled" the docs so to speak as most of the statements are not in date order.

Edited June 12, 2010 by Davetherave12

[postggj]

the default notice is critical

 

it should say

 

default notice served inder s.87 (1) of the cca 1974

[Davetherave12]

Yes it does say that, it's only a copy though and not a very good one, the text on the 2nd page over-writes the address in the top right!!

 

The bit about S81(7) looks as though it has been copied over the top.

 

The date I have to remedy the DN funnily enough is after the date the assignment took place, very strange indeed!!

 

I've searched everywhere and not found an original ever sent to me!!

 

Is this why I need to submit an SAR??

Edited June 12, 2010 by Davetherave12

[postggj]

can you post up the default notice you have

 

deleate personal info

Edited June 12, 2010 by postggj

[Davetherave12]

Should I delete dates as well??

[postggj]

no

no

 

only your name and any ref number

 

its the dates/ times scales ime interested in

[Davetherave12]

Default notice Below, as you can see, looks a tad dodgy!!!

DN.pdf

[Davetherave12]

Notice of assignment is dated the 2nd July 2009 and states it took place on the 19th June 2009 if that helps.

Edited July 5, 2010 by Davetherave12

[postggj]

whats the date on the letter and did the default notice have your name and address on it

[Davetherave12]

Also where it states " paragraph 8 states you must pay the arrears on the account" The amount stated on the default notice is not the amount of the arrears according to the last statement I have (original statement in my possession.

[Davetherave12]

Date of the letter is the 8th June and yes it had my name and address on it!!

[Davetherave12]

Thanks for putting that post up SupaSnooper, I had a look at your Thread, I notice you have a copy of an "Original" MBNA default notice, and I notice all the text re section 87(1) is in the box but on mine it's not mmmmmmmmm.

Edited June 13, 2010 by Davetherave12

[Davetherave12]

Another question I have if anyone can help.

 

I will probably get my SAR back after I have exchanged Witness Statements. Can I change my defence after I have exchanged? What is the process for this?

[Davetherave12]

Just had a really good scout through the docs they have sent, As i mentioned the satements were out of date order. Just sorted them and there are over a 6 months of statments missing. Jokers!!!

[Davetherave12]

Bump

[supasnooper]

Default notice Below, as you can see, looks a tad dodgy!!!

 

 

Oh dear !

 

What are MBNA up to ?

 

What a shocker of a copy of a DN.

 

I don's suppose you have kept the envelope the DN was sent in ?

 

Get that SAR off ASAP and see what comes back.

 

As you will have read, MBNA can be rather creative with their documentation. ;-)

[Davetherave12]

Well that DN was from Cohen's !! I've not received a DN from MBNA at all.

 

That DN was sent to me by Cohen's alongside other copy docs.

[Davetherave12]

SAR Request sent today, will let you know what comes back (if and when).

[Davetherave12]

Forgot to mention that the Court have ordered Cohen's to disclose the Deed of Assignment from the OC. I have the original one though from Cohen's.

 

Is there anything else I need to post up that will help,

 

thanks

 

Dave

Edited June 14, 2010 by Davetherave12

[Davetherave12]

Just having a look back at the docs I have submitted.

 

This was submitted as part of the AQ (Section I)

 

Section I

 

1 The Claimant shall not later than 4:00pm on 19th October file and serve a verified true copy of each of the following documents mentioned in the Particulars of Claim

 

(a) the executed regulated consumer credit agreement made between the defendant and MBNA Europe Bank Ltd under reference xxxxxxxxxxx together with any terms and conditions that applied to it, the original must be brought to hearing under cpr directions 16 paragraph 7.3.

(b) the default notice together with proof of service the original must be brought to hearing under cpr directions 16 paragraph 7.3.

© a full and complete statement of account including all payments made and charges applied covering the period beginning with the day of the making of the agreement and ending on the date of the commencement of this case.

(d) any other documents on which the claimant will rely

 

2 In the event that the Claimant shall fail to comply with paragraph 1 of this order the claim shall stand struck out and the Defendant shall be at liberty without further order to apply to this court for judgment and for costs on the standard basis to be subject to detailed assessment proceedings if not agreed.

 

3 In the event of compliance with paragraph 1 of this order this case shall be allocated to the fast track and

 

4 The Defendant shall file and serve an Amended Defence by 4:00pm on 16th November.

 

 

 

 

Any comments would be greatly appreciated,

 

thanks