MBNA - Let battle commence / **DISCONTINUED**

[guzzleguts]

Good luck for wed, If Cohen's turn up.

 

I think it should be struck out under CPR 3.4 para 2 (b) & © abuse of court process and not complying with a court order.

 

GG

[citizenB]

inthesh1t, I have started your own thread and moved your post and the reply to

 

http://www.consumeractiongroup.co.uk/forum/legal-issues/249793-another-mbna-muddle.html

 

That way you wont get lost in MA's thread.

[Mightyacorn]

Been to Court, very friendly Judge. Cohens/CL Finance did a no show. No paperwork from them at all, other than fee paid, even Judge scratched head over that one. Showed Judge Discontinuance Notice and letter from Cohens, comment was made regarding Cohen's claim that a copy has been lodged at Court.

 

Judge's decision, case discontinued, application by me for costs for unreasonable behaviour by Cohens/CL Finance granted and awarded.

 

Unreasonable behaviour by Cohen's :-

1) Having lodged claim. their refusal to provide me with the relevant papers under CPR unless I paid them £1. Does not comply with CPR

2) Letter to me from Cohen's after my defence but before AQ filed, stating that I had requested copies of documents relating to account and that they have requested them from original creditor. Indicates that Cohens/CL Finance not in their possession when proceedings commenced. Fact that they discontinued proves that had they had possession of full facts then proceedings wouldn't have commenced.

[guzzleguts]

Not surprised, well done

 

GG

[Gazza112]

Well done Mightyacorn same old Cohens, trying to run before they can walk .

 

Great result for you, know hit them where it hurts in there pockets for wasted costs.

 

Gaz

[citizenB]

Oh this is excellent news. So did he award you your costs there and then or have you got to submit any paperwork ?

 

I have amended your title.. again :grin:

[banker_rhymes_with]

Hello Mightyacorn!

 

E-X-C-E-L-L-E-N-T-!

 

Cheers,

BRW

[creditcardmug]

This is the way most cohens cases that are defended go, they are all bluff and blunder, don't even attempt to put any sort of case together, all the while paying out court fees:confused:

 

Well done to you!

[PGH7447]

well done another dent in cohens pocket

[Mightyacorn]

Oh this is excellent news. So did he award you your costs there and then or have you got to submit any paperwork ?

 

I have amended your title.. again :grin:

 

 

I did a Bill of Costs, Judge read it smiled, went through it cut it down by just under a half, but very friendly and explanatory, stating that she had to make the claim reasonable. But none the less well worth it.

[Mightyacorn]

Now I think my next move is letter to SRA regarding unreasonable behaviour by Cohens.....anyone with any thoughts?

[bazaar]

absolutely report them and well done

[gezwee]

Nice 1 MA

[Mydogsawestie]

Great to read your update today MA really pleased for you

[supasnooper]

Congratulations and well done MA.

 

Hope you're having a tipple or two to celebrate.

[Mightyacorn]

I have now complained to the SRA regarding Cohens' behaviour.

 

I wonder if there is anything else I can do. I have searched the internet and foun the following on a site belonging to a firm called Gillhams Solicitors LLP, they are based in London:-

 

Term: vexatious litigant

1.

These are litigants that habitually commence legal proceedings or otherwise bring unmeritorious applications to court. Vexatious litigants bring legal proceedings for the purpose of annoying the defendant and are characterised by an absence of a reasonable prospect of success.

When courts deal with such claims and applications they are bound to consider whether a civil restraint order should be made against the claimant to prevent the litigant from commencing, instituting or continuing proceedings in the future without the leave of the court. Such orders may be extended by prohibiting appeals from decisions made by the court to restrain future conduct. A current list of vexatious litigation is maintained at the Court Service website.

 

 

 

Has anyone any information on this?

[Mightyacorn]

I have found the following:-

 

Court of Appeal Judgment Template

 

I don't think I've got enough to go on my own on this one, my feeling is a numberof similar cases need to be looked at, and someone in a similar position to myself who hasn't yet gone to Court on it, takes several instances of like actions by Cohens and presents them to the Court.

[Gazza112]

Hi Mightyacorn

 

I think my two cases was nearly the same as yours?

 

Gaz

[Mightyacorn]

I have made contact with the SRA as an enquiry over what action I can take over a Solicitor who is obviously abusing the Courts System and is a vexatious litigant, I await their reply.

[themagician]

I did a Bill of Costs, Judge read it smiled, went through it cut it down by just under a half, but very friendly and explanatory, stating that she had to make the claim reasonable. But none the less well worth it.

did the judge strike out the claim ???.

[Mightyacorn]

did the judge strike out the claim ???.

 

No, marked it as discontinued.

[creditcardmug]

No, marked it as discontinued.

 

Not a problem, just keep all of the documentation, to hit them with should they ever stupidly return to this (unlikely i would have thought, even for these shysters!)

[Mightyacorn]

Complaint Thread:-

 

http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/251876-howard-cohen-complaint-sra.html#post2830185

[Mightyacorn]

An update:-

 

A letter arrived in the post this morning franked "Return address PO Box 42 Cleckheaton, BD19 3YZ",(a post code, which, according to the Post Office, doesn't exist), in it was a nice letter from HC and a cheque to cover Court costs...cheque not from CL Finance, the claimant who was ordered to pay by the Judge, as one would expect, but from Lewis Group Ltd.

Does the firm CL Finance actually exist or not ????

 

 

Off to the bank.......