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

[citizenB]

Gazza, I think that word we cant read properly in "other information" is

deponent unknown..

 

So they dont know who their witness is going to be yet ?? seems as though they might be struggling

[Gazza112]

Gazza, I think that word we cant read properly in "other information" is

deponent unknown..

 

So they dont know who their witness is going to be yet ?? seems as though they might be struggling

 

 

Wow!!!!! like the word Struggling , lets hope they are.

 

 

Gaz

[Gazza112]

Hi All

 

Right, need a bit of guidence here with this.

I've amended a letter that i was thinking of sending to the Court.

I'll post that up in a while, also i was thinking of sending a letter to Howard Cohen.

Just to remind him that he needs to send me the documents that was out in my CPR.

I know what the reply will be, it will state as this is a small claims track they are not obliged to send that sort of information to me.

If they do send me that, at least i've got that to put into my defence.

Here is my amended letter.

 

 

 

In the xxxxxxxxxx County Court

 

 

 

Claim no xxxxxxxxx

 

 

 

 

 

 

Between

 

 

 

CL FINANCE LIMITED R.O. KINGSTON HOUSE

 

 

 

–V-

 

 

 

MR X

 

 

For the Attention of the Case Manager

 

 

 

 

Dear Sir.

 

Further to the order made by District Judge xxxxxxxxxxx sitting at the xxxxxxxxxxx County Court on xxxx September 2009

 

I note that the claimant has still failed to submit any documents supporting their case despite being ordered to do so.

 

The claimant has had every opportunity since March xx 2009 to file such documentation and the size of the organisation, it is not unreasonable for them to have filed such documentation at the first opportunity, they have since been given a second chance to file documents by order of District Judge xxxxxxxxxxx and they appear to have ignored to this date the Honourable Judges orders and have failed to comply as directed

 

The result of this failure is that I am unable to file a fully particularised defence to the claimants claim as directed by the Honourable Judge xxxxxxxxxxx as without the documentation which the claimant relies upon, I am unable to answer their allegations as set out in their particulars and I am placed at a severe disadvantage, as I am a Litigant in person

 

Therefore, I would request that the pursuant to CPR part 3.4, 2 © that the claim is struck out without further order

 

If this is not acceptable, then please refer this letter and the file to District Judge xxxxxxxx to highlight non-compliance with the orders dated xxx July 2009 and for further directions to be issued.

 

 

Signed……………………………. (Defendant)

 

Date …………………………….

 

 

 

 

 

So any help would be much appriciated.

 

 

Gaz

Edited August 5, 2009 by Gazza112

[citizenB]

Right, first of all, you will need to make a few changes to the WS I provided the link for as this was an application for a summary judgment and you will need to remove all references to that.

 

You will also need to amend any £values as Mr Happy's was for a lot more than yours

 

If you have not received a Defence or WS statement from MBNA/Cohen, then I think you are at a bit of a disadvantage because you cant really respond to anything IYKWIM.

 

So in the first instance,as you have a little time in hand, send your reminder letter to Cohen, and your letter to the court. I dont know whether you will need to make the application for a strike out on form N244. Perhaps CCM or andyorch can help you out on that one.

[Gazza112]

Hi All

 

Just wanted to get confirmation in if i'm doing the wright thing at this stage.

CitizenB kindly drafted me a letter to send Howard Cohen, to remind him that they still need to send documents to me.

Also i was going to send a letter to the Courts, explaining that i can't put a witness statement in at this stage as i've not received any documents from the Claiment.

As at this stage i don't want to rock the boat with either Howard Cohen or the Courts.

 

Here's the two letters one is to Howard Cohen and one's to the Court.

 

 

Date xx Augest 2009

Howard Cohen & Solicitor

PO Box 110

Cleckheaton

West Yorkshire

BD19 4XT

Dear Sirs,

 

Court claim reference: xxxxxxxx

Account Reference: xxxxxxxxxxxxxxxxx

In respect of the above claim.

 

I wrote to you on xx March 2009 under the CPR31.14 requesting copies of certain documents in order for me to fully present a fully particularised defence to the court in a timely manner.

 

You have chosen to ignore that letter.

 

Further more you have been instructed by the court in the order made by District Judge xxxxxxxxxxx on xx July 2009 to provide those documents to me.

 

It would appear you have chosen to ignore that order and all correspondence that I have sent to you.

 

I have therefore written to the court today advising that you have still not provided me with information which should have been in your possession before issuing the claim on your client's behalf. A copy of that is enclosed for your reference.

 

Please also find enclosed a copy of the order and my previous CPR 31.14 request for your ease of reference.

 

I look forward to hearing from you within ( 7 days from the date of this letter ) .

 

Your etc...

 

Enclosed : Copy of Court Order XXXX

CPR letter dated XXXX

Copy of letter to Case Manager

 

 

 

COURTS LETTER

 

 

 

In the XXXXXX County Court

 

 

 

Claim no XXXXXXX

 

Between

 

 

 

 

CL FINANCE LIMITED R.O. KINGSTON HOUSE

 

–V-

 

MR XXXXXXXXXX

 

 

For the Attention of the Case Manager

 

Dear Sir.

 

Further to the order made by District Judge XXXXXXXX sitting at the XXXXXXX County Court on XX September 2009

 

I note that the claimant has still failed to submit any documents supporting their case despite being ordered to do so.

 

The claimant has had every opportunity since March XXX 2009 to file such documentation and the size of the organisation, it is not unreasonable for them to have filed such documentation at the first opportunity, they have since been given a second chance to file documents by order of District Judge XXXXXXXX and they appear to have ignored to this date the Honourable Judges orders and have failed to comply as directed

 

The result of this failure is that I am unable to file a fully particularised defence to the claimants claim as directed by the Honourable Judge XXXXXXXX as without the documentation which the claimant relies upon, I am unable to answer their allegations as set out in their particulars and I am placed at a severe disadvantage, as I am a Litigant in person

 

Therefore, I would request that the pursuant to CPR part 3.4, 2 © that the claim is struck out without further order

 

If this is not acceptable, then please refer this letter and the file to District Judge XXXXXXXX to highlight non-compliance with the orders dated XXX July 2009 and for further directions to be issued.

 

 

Signed……………………………. (Defendant)

 

Date …………………………….

Gaz

[Gazza112]

Friendly Bump

[citizenB]

Gazza, have you tried to track down, andyorch, CCM, x20 for further advice.

 

I dont think you will be able to pm AO, but you should be able to contact the other 2 that way.

[Gazza112]

Hi CitizenB

 

No, i'll PM them if they don't mind me doing that.

 

Gaz

Edited August 7, 2009 by Gazza112

[GhostDebt]

Hello Gazza, I am taking a similar letter to the court this afternoon.

See

http://www.consumeractiongroup.co.uk/forum/legal-issues/184852-c-l-finance-ge-7.html

 

post #128.

 

Then going to update witness statement, defence, skeleton over the weekend and write my own draft directions for the CMC.

 

Used a similar letter on our other case with CL that got struck out.

 

Regards

[Gazza112]

Hi Ghostdept

 

Yes, that's a great letter what about the letter i was going to send Howard Cohens. I'm not to sure weather to send it to them at this present time or just give it another week before i do anythink.

As i can't really submit a witness statement if i have nothing to go on from Howard Cohen.

 

Gaz

[Rhia]

Hi there, the letters are fine. What's bugging me is that the court has ordered them to produce this information and they are ignoring them. I would have thought this constitutes contempt of court.

 

I would be inclined to call the court on Monday morning and ask them just exactly what the next move should be. You are quite correct in that you just cannot frame a defence, or indeed anything else, without this information.

 

In view of the fact they have blatantly ignored the court I doubt the Judge will be too impressed and the next move will likely be his or hers. This is just my view BTW I am not expert in procedure so see if someone more experienced drops by.

 

Ah just popped back with this:

http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/165349-smt37-morgan-stanley-goldfish-4.html

 

See post 64 the Judge in this case says the next move would be to apply to the court for an injunction for enforcement. So there we have it from a member of the judiciary.

Edited August 7, 2009 by Rhia
Add link.

[Gazza112]

Hi Rhia

 

Thanks for droping by and looking at my thread.

Great link you posted on about the CPR, i'll contact the Court on monday.

 

Gaz

[citizenB]

Gazza, in the following link there is a witness statement (MBNA again) it has had input from x20. I have also copied the whole lot over.. this might be better for you. The idea of a witness statement is to tell the whole story.. a kind of beefed up Defence. HTH. It is an example of what you need to include to get your messge across.

 

http://www.consumeractiongroup.co.uk/forum/show-post/post-1709002.html

 

A good job well done SC!

 

I've made a few tidy ups and adjustments, but essentially the statement has what it needs. Here's the versino after tidying etc:

 

 

I, (StayingCalm) OF (ADDRESS)

STATE AS FOLLOWS

 

1 I am the Defendant.

 

2 In the course of this witnessstatement I shall refer to the existence of documents, true copies of which are exhibited hereto at exhibit (witness initials 1)

 

3 On 25th April 2008 the Claimant commenced this case in which the Claimant seeks to enforce certain provisions of an agreement regulated by The Consumer Credit Act 1974 (The Act) for payment of the sum of £11,921.30, which sum includes interest at 8% per annum from 14/04/08, the day on which the Claimant terminated the agreement.

 

4 On 26th February 2008, during the currency of the agreement, I delivered to the Claimant a request made pursuant to the provisions of section 78(1) of The Act. A copy of my request is now shown and produced at page (page number) of my exhibit (witness initials 1).

 

5 On 26th February 2008 I also delivered to the Claimant a request for all the data relating to my account made pursuant to Section 7 of the Data Protection Act 1998. A copy of my request is now shown and produced at page (page number) of my exhibit (witness initials 1).

 

6 On 17th March 2008 I wrote to the Claimant setting out that they had failed to comply with my statutory request made pursuant to The Act (Exhibit xxx)

 

7 On 19th March 2008 the Claimant replied to my subject access request made under the Data Protection Act 1998 stating that they did not retain the signed credit agreement for my account, they did supply some information but not sufficient to be considered compliant with the S7 Data Subject Access Request. (Exhibit xxx)

 

8 On the 26th March 2008 I received a document purporting to be a default notice. The document is not compliant with the requirements of section 88 The Act or Consumer Credit (Enforcement, Default and Termination Notices) Regulations 1983 and as a result has no effect in law. (Exhibit xxxx)

 

9 On or about 28 March 2008 I received a letter dated 26th March 2008 from the Claimant in reply to my complaint letter (referred to in point 6). A full response was promised by 15 April, but no mention was made of my request under section 78(1) of the Act. (Exhibit xxxx)

 

10 On the 15 April 2008 I received a letter from Reston’s Solicitors seeking to enforce the agreement by demanding money with a threat of court proceedings which I found rather bizarre and offensive since the Claimant had still not complied with my request under section 78(1) of The Act. (Exhibit xxxx)

 

11 I did not reply to the letter in point 10 because I had been informed earlier by the Claimant to expect a full response from the Claimant by around this time. I considered it better to await receipt of the full response which I anticipated would arrive very soon indeed.

 

12 On the 19 April 2008 I received a further letter regarding the matter from the Claimant. The letter informed me that I would recieve their full response by 14 May 2008. (Exhibit xxxx). Accordingly, I patiently awaited receipt of the full response by mid-May.

 

13 On the 25th April 2008 I received this claim, which was deeply upsetting as the claimant or its agents had totally ignored my correspondence and forged ahead with litigation when it was unnecessary and at a time when, according to their promise, they would provide a full response by 14 May. Additionally, the claimant was restrained from enforcing the agreement until my section 78(1) request had been fully complied with.

 

14 It must be noted that at the date of this statement, the Claimant has still not supplied a copy of the credit agreement as requested in point 8 or complied in any resepct with its obligations under section 78 of the Act.

 

15 Furthermore the claimant ignored my dispute and pursued an active campaign of harassment against me, they contacted or tried to contact me by telephone on a great number of occasions over a period of several months, usually several times a day and also continued to contact me in writing. I attach a sample of three of these letters (Exhibits: xxx,xxx,xxx) This is in direct contravention of the Office of Fair Trading's Guidelines on debt collection

 

16 At trial I will assert by reference to the documents and by submissions to the court as to fact and law, that the documents relied upon by the Claimant are inadequate for the purpose of demonstrating that at the date of the commencement of this case the Claimant was not entitled to any of the relief sought.

 

I BELIEVE THAT THE CONTENTS OF THIS STATEMENT ARE TRUE.

 

(dated)

(Signed)

 

x20

[Gazza112]

Hi CitizenB

 

Thanks for sorting that witness statement out for this much appriciated.

Probably will use something like that when i submit my N244 for my other MBNA thread.

 

Gaz

[citizenB]

Oops, did I post on the wrong thread, Gazza..

[andymanx]

subb

[GhostDebt]

Evening Gazza.

 

Could you have a look at the proposals for filling in the N244 to claim our costs back on the following.

http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/182360-c-l-finance-awaiting-6.html

post# 110

 

Cheers

[Gazza112]

Hi Ghostdept

 

I never used a N244 form, i just took my letter with a layout of all my wasted costs to the Court. Was told i didn't need to use a N244 form.

Also took my letter into the Court stating that i need the claiment to supply me with documents for my case. Was told by the clark it was a good thing to update the Court on what's going on.

 

Gaz

[GhostDebt]

Thanks for that Gazza, Court told us to apply on an N244 for the costs, so a bit of mixed messages there from the court I reckon.

Ah well.

Hope all goes well.

Regards

[Gazza112]

Hi Gkostdept

 

Sorry your getting mixed messages, i did also find that info on here.

In the winning cases about not needing a N244, i checked twice with the Courts and both times they said you didn't need a N244.

All they said was to write into them, and they would put it to the Judge.

I've not heard anything from the Courts yes, but it was only monday that i put the papers in. As soon as i get some news i'll let you know.

 

Gaz

[Gazza112]

Hi All

 

After putting a letter into the Courts on Tuesday, stating that i've not received any paperwork from the claiment and asking for further directions.

This is the reply i received from the Courts today.

 

 

 

So looking at this letter closely it seems the onis is on them to sent the original documents to the Court.

But doesn't help me in putting a defence in, unless i wait to the 14th September and ask the case to struck out.

 

Gaz

Edited August 14, 2009 by Gazza112

[AA99]

unless i wait to the 14th September and ask the case to struke out.

 

That was my first thought:cool:

[Gazza112]

Hi AA99

 

I did send Special delivery a copy of the Courts letter i submitted to Howard Cohen.

But as of yet not anything from them, but that's no surprise with that firm.

Goodthing is i've left a paper trail with the Courts with the letter i submitted.

 

Gaz

[citizenB]

I think what they are saying is that there is little or nothing to be done until the 14th September which is the last date the opposition has to comply with the order.

 

Hopefully, CCM or andy will be able to look in on you.

[AA99]

Hi AA99

 

I did send Special delivery a copy of the Courts letter i submitted to Howard Cohen.

But as of yet not anything from them, but that's no surprise with that firm.

Goodthing is i've left a paper trail with the Courts with the letter i submitted.

 

Gaz

 

Absolutely! Hopefully they'll be up to their necks in piles of other paperwork and phone calls to bother with you for 2 weeks