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


Gazza112
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Hi Gazza,

 

Congratulations, am just starting out on my journey so will be reading and re-reading this thread.

 

Regards...

Please note: I have no formal qualifications in this area and any advice offered is given in good faith. :)

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heyyyyyyyyy Gazza very well done

 

im back in circulation and trying to catch up with all, after a couple of months of illness but im back with a gusto lol

 

your win gives me huge confidence today thank you for posting up and i will take time out later to read right through your thread

 

never mind about the wasted costs element, the victory is far sweeter

 

have a drink,

 

laters angel x:cool:

 

 

 

Hi Angel

 

Thanks, infact i did even learn a bit, the brief time i was there.

The Judge did tell me that the Notice of Assignment must be accurate to the last penny.

It was a shame on the wasted costs, but i have put in a wasted costs for my other MBNA Win to Howard Cohen/CL Finance which a hearing is set for January 2010.

 

Gaz

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Gazza,

 

I hope you did not mind by i posted a link to this thread in our new forum MBNA FAN CLUB to kick start it off.

 

I hope you will be a contributor to this thread as you have a great win under your belt and the mbna caggers starting out on the rocky road you have completed need to know that they can be beat.

 

http://www.consumeractiongroup.co.uk/forum/mbna/222552-mbna-fan-club-thread.html

 

Regards

 

PF

 

 

No Problem Pompeyfaith, infact i did learn something at Court from the Judge about Notice of Assignments. That they have to be accurate to the last Penny.

 

 

Gaz

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Roll on Wednesday MBNA will get a -loody nose

 

Optima Legal Services

Arndale House

Charles Street

Bradford

BD1 1UN 28th September 2009

 

 

Ref:

 

Dear

 

I write with grave concern regarding the illegal practises your litigation department carry out. This is not an isolated case as my research has found out.

 

On the 24th September 2009 I received a letter informing me that I was in default of a tomlin order within that letter was a standing order form containing one of Optima Legal’s bank accounts.

 

I will now point out at no time at the trial on the 15th June 2009 was I told that all monies had to be paid to your company in fact I was assured that my account with MBNA Europe bank Ltd (MBNA) had not been terminated so one assumed that the monies was payable to MBNA.

 

To that end I attempted to make payment to that account only to find that the account was indeed terminated.

 

I now ask myself WHY I was not told off this payment arrangement sooner was it to force me into default so you could get your hands on my house.

 

Since my case of the 15th June 2009 many issues have come to light that puts you and MBNA in a grave situation.

 

MBNA knew they would not win the case because of the way you have handled it I believe you also knew hence why you sent a pupil barrister to the trail to salvage what you could I also believe you must have got a right telling off from MBNA.

 

Now there are more serious issues regarding abuse of process and contempt of court and failing to uphold standards set by the Solicitors regulation authority.

 

You are also officers of the court and had a duty to uphold that capacity.

 

 

 

 

 

 

 

 

I enclose with this letter copies of extracts that have been forwarded to me and I must point out I have checked what has been said and it is true and ties in with the witness statements I have.

 

If you wish to proceed to court to lift the stay I welcome you to do so then you will be exposed to the court how you have handled the case.

 

I will also be calling the people responsible to court to answer to there actions.

 

What you have done is a very serious matter and it cannot be left to lie it is now a matter of public interest and the general public need to know so an article to the media is not out of the question.

 

I will also be making a complaint to the Solicitor’s Regulation Authority, The Ministry of Justice and the Financial Services Authority.

 

Copies of this letter have been sent to MBNA and I give you 7 days to give me answers if you fail I will apply to the court to have the stay lifted and the case re-opened and complaints will be forwarded to the regulators above.

 

 

 

 

The letter above will be in the post tomorrow. i got nothing to lose.

 

PF

Finally if you succeed with your claim please consider a donation to consumer action group as those donations keep this site alive.

 R.I.P BOB aka ROOSTER-UK you have always been a Gent on these boards and you will be remembered for that.

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Just catching up been away for a few reasons. This is an excellent result well done you!

At some stage these cretins will be made to stop using the court system to frighten people into paying.

As you say you also learnt a lot about assignments. If you can elaborate on what the judge said in this matter it would be interesting.

Hurrah!

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Excellant news Gaz! Well done!:D xx

Im happy to help with support and my own opinions but as i have no legal qualifications If I offer any thoughts to your problems please take it as from my life experience only and not of any legal standing. Always take further advice from the legal experts in your final action,

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  • 2 weeks later...

Hi All

 

Well, as you well know i won the case with MBNA.

Now the just sent me the order, stating CL Finance/Howard Cohen should pay me my wasted costs by 4pm on the 12th October.

The time is up and no reply from CL Finance or Howard Cohen.

 

Any iders what the next step is, here's a copy of the order that was sent to me.

 

Courtsorder0001.jpg

 

 

Gaz

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Can't believe the small amount Gazza, but I think you should deliver a letter to the court saying they've broken the court order:mad:

 

 

Hi AA99

 

 

Yes, they say all things come in small packages, with me it was small amounts :eek::lol:.

But i can i think still give them grief, in sending the Courts bailiffs in.

That would put a spanner in the works, but need to know how the Bailiffs system works as i don't want to be out of pocket.

 

Gaz

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