lowell/cohen claimform - old MBNA/Abbey card debt **WON**

[Gazza112]

Hi Chris and CitB

 

Thanks for looking over the directions for me, i put the same defence in as my other MBNA which CCM kindly put up for me. That one's been struck out already by the Court and that one was the one that they had a better chance in winning.

I'll wait and see what they send if anything through the post.

 

Gaz

[AA99]

Hi Chris and CitB

 

Thanks for looking over the directions for me, i put the same defence in as my other MBNA which CCM kindly put up for me. That one's been struck out already by the Court and that one was the one that they had a better chance in winning.

I'll wait and see what they send if anything through the post.

 

Gaz

 

still subbing, go Gaz go

[Gazza112]

Thanks AA99

[GhostDebt]

 

The following directions apply to this claim:

 

1) each party shall deliver to every other party and to the Court office copies of all documents (including expert's reports if the Courts has given permission for expert evidence to be used) on which he intends to rely at the hearing.

 

In my opinion this is the bit to worry about in that you can't file a proper defence until they provide the documents and as the court has asked each party to supply documents by a particular date you run the risk of not being able to file a proper defence in time.

 

You also have to provide a witness statement within the same timescales.

 

This is only my opinion and I am still learning myself so I would seek additional guidance from CitB and Car in this matter as well.

 

Regards

[Gazza112]

Hi Ghostdept

 

Yes, they seem to hold all the purse strings when handing out documents.

 

Gaz

[Gazza112]

Hi all

 

Was looking at my Abbey/MBNA corrispondance and noticed that MBNA sent me a letter dated 1tth September 2008 demanding full payment by the 29th September 2008. Now considering they sent me a Default Notice on the 9th January 2009. Does this make the DN worthless, or am i plucking a straws. It's just i read on another thread that it would be deemed worthless if they demanded full payment before issueing a valid DN.

 

Gaz

[citizenB]

If they sent you a formal demand for the full amount BEFORE issuing the Default notice then they have definitely created a problem for themselves me thinks.

 

There is a procedure to follow.. Default Notice, Formal Demand/Termination.. not the othe other way round.

[Gazza112]

If they sent you a formal demand for the full amount BEFORE issuing the Default notice then they have definitely created a problem for themselves me thinks.

 

There is a procedure to follow.. Default Notice, Formal Demand/Termination.. not the othe other way round.

 

Hi CitB

 

Here's the letter i received in September asking for full payment.

 

 

Gaz

[Gazza112]

Hi All

 

Was just thinking what i received from the Courts directions is not in my opinion going to help me out in my case.

The reason being that the CPR 31.14 i send CL Finance and added that paperwork with my original AQ for directions to the Court.

I asked the Claiment for all documents including 6 years statements off accounts.

So looking at the Courts Directions they've dismissed what i asked for in my AQ's.

Do you think it would be worthwhile in sending a N244 to the Courts just to be on the safe side.

 

Gaz

[citizenB]

Hi Gazza, I am not sure whether that letter could be taken to be a termination letter.

 

If you havent received the documents requested, then I would say that they havent complied.

 

I think you need the assistance of CCM or andy orch for this one.

[Gazza112]

Hi CitB

 

Thanks for looking at that for me, It was only that they where demanding the full amount in the letter that i would thought could be classed as Termination. I'll get CCM to have a look at it.

 

Gaz

[Gazza112]

Hi All

 

Just a quick update on things on this post.

Still not had any paperwork back from Howard Cohen/CL Finance, allthough the Court date is not until the 28th September.

I've contacted my Court who's dealing with this case, and managed to get a copy of CL Finance AQ's they submitted.

Must say there AQ's is very vague to say the least.

 

But other than that been very quiet on all mt threads.

 

Gaz

[citizenB]

That's good things have quietened down a bit, Gazza.. make the most of it:)

[Gazza112]

Hi CitB

 

There's an old saying never open your mouth when you think things are quiet :eek:.

Received another threatagram on one of my other threads today.

Oh well there goes the quiet life, back to the drawing board .

 

Gaz

[IdaInFife]

congrats,

 

there seems to be a trend with mands at the moment

 

Ida x

[Monty2007]

congrats,

 

there seems to be a trend with mands at the moment

 

Ida x

 

I agree Ida, we need more who cave in early.................

 

Another good team effort. Its good to see some more Scottish cases going the right way:roll:...........................

[citizenB]

Oooooooooh, shoot

[Gazza112]

Hi All

 

Just need a bit of help with this one in what to do.

As you know Howard Cohen/CL Finance are taking me to Court on this account.

They've not replied to my CPR 31.14 and only put there AQ's in on the last day.

With the Judges order for directions and Howard Cohen not sending me any paperwork i'm a bit confused as to what to do.

As i do need to put in something in writing to the Courts to explain why i'm not submitting any paperwork for my defence.

 

Here's Howard Cohens AQ that i managed to get a copy of from the Courts.

 

 

 

 

 

 

This is the order and directions the Courts sent out a few weeks back.

It says the following:

 

The following directions apply to this claim:

 

1) each party shall deliver to every other party and to the Court office copies of all documents (including expert's reports if the Courts has given permission for expert evidence to be used) on which he intends to rely at the hearing.

 

2) The copies shall be delivered no later than fourteen days before the hearing.

 

3) The original documents shall be brought to the hearing.

 

4) Signed statements setting out the evidence of all the witnesses (including expert witnesses if permission has been given to use them) on whom each party intends to rely shall be prepared and copies included documents mentioned in paragraph 1. This includes the evidence of the parties themselves and of any other witnesses whether or not the witnesses are going to come to court to give evidence.

 

5) The Court must be informed immediately if the case is settled by agreement before the hearing date.

 

 

 

 

 

Gaz

Edited August 3, 2009 by Gazza112

[42man]

You could go for a strike out as it seems they haven't complied with the courts orders...(when is the hearing ?), you'll have to do this on an N244. I think you might have to do a witness statement but not sure 100% on this

[Gazza112]

Hi 42man

 

The hearing's on the 28th September, so i have got a bit of time.

The Court sent the order on the 9th July.

Howard Cohen sent there AQ's in on the 22nd June.

Just looks like the Court, never took any notice of my directions when i sent my AQ's in.

 

Gaz

[GhostDebt]

My opinion only, the directions look quite good in that they are asking them to provide documents they would rely on i.e agreement, assignment etc and they have asked for originals to be produced at the hearing.

It looks to me that you would need to do a witness statement and disclosure statement within the required timescale and depending on if they provide the relevant documents you would then submit an amended defence before the hearing or if they fail to comply make an application to strike it out.

 

As I said, my opinion only, so hope you get some additional feedback.

 

Regards

[Gazza112]

Hi Ghostdept

 

Thanks for that, thought i did a witness statement when i filled my AQ's in lol. So i need to file a witness statement that can be amended at a later date.

May need a little help in getting a witness statement sorted out.

 

Gaz

[GhostDebt]

Happy to help, but look for other comments and guidance as well.

 

Regards

[Gazza112]

Hi Ghostdept

 

Yes, much appriciated with your help in helping me out.

 

Gaz

[citizenB]

 

Hi Guys (and ladies too) Beetle has not been gagged...I am here but I believe one of the site moderators moved my victory post to a different thread.....or at least I hope he was a moderator and not an M&S infiltrator with hacking experience ?

 

Yep, Beetles thread was moved to the success forums, those subscribed should still have been able to access it though.

 

For those who want to read about beetles's success you can find the thread in the following link.

 

http://www.consumeractiongroup.co.uk/forum/dca-legal-successes/195822-m-more-court-papers.html