what do I do next-Barclaycard/Cohen Court date

[corbeta]

Hello all

 

yet another greatful person using this site as my bible, however this is the first thread i have posted.

 

i am off to court on 3rd Feb -me-v-howard cohen and co.

 

can anyone offer me some basic advice about what do do, and what not to do. Its fast track as its 5k plus. all i have from this is partial statements and a copy of my application form which is virtuall illegible!!

 

any help greatfull received as I am now getting very scared about all this

 

thanks for any advice

 

A

[Ell-enn]

Hi there, I'm moving your thread to the Legal Issues Forum - you will get the best help there

 

 

Ell-enn

[corbeta]

thank you!!

[blind-as-a-bat]

Snap on all counts, even nearly the date, so your not on your own

[Josie8]

can you scan up a copy of application form & default notice minus personal details?

[Yorkmackem]

What does the hearing entail, I attended a CO hearing recently so may be able to help (even though my case went tits up !)

 

YM

[42man]

What did you put in your defence Corbeta if I can ask ?

[corbeta]

i will attempt to but im not joking when i say it is virtually illegible. how do i do it?

[corbeta]

quite a bit but it centred on them not producing a valid credit agreement, the debt being unenforceable when it was sold to them as they had failed to comply with my cca request. Judge ordered a stay until they produced a document marked application form but with all the small print illegible. that was dated 1997. nothing further from them, except an unsigned default which was issued in March 2007, apparently. which i fefinately didnt receive.

[corbeta]

fast track hearing-thats all i know so far. I would be ok if it were immigration but not consumer!!

[corbeta]

Hi all

 

posted a thread a little while back. In court on 3rd Feb but only found out about it after a letter from Cohen's asking for my Disclosure statement!

 

I have written to the court and asked for a 4 week ajournment, basically throwing myself on their mercy and asking if i can now submit disclosure. I also replied to the letter from Cohen's by email contacting the Barrister in question and it's all gone deadly silent. the application form they have provided from 1997 is illegible and they wont comply with my cpr request and now the Barrister wont take my calls.

 

the default notice they said they issued is dated 27th March 2008, yet they filed the CCJ application on 3rd April-I dont think they gave me my 2 weeks, even if they did send it, which they didnt as the last correspondence was a CCA request sent by me in Feb 2008, which they ignored!

 

about £1000 charges on the account but statements now show a nil balance as of around FEb 2008. No statements held aparently from 1997-2002, which is hte first one they claim they hold

 

i dont know how to compile a submission in my defence, a bundle or whether i am stuck with my my original grounds of defence (not enforcible no agreement,)seeing as they eventually(sept) produced an illegible copy of a 1997 application form. also dont know when things have to be served!! Picked up some caselow from reading threads but Wish I ihad found this site at the start

 

i really need some help as to where I go from here, if I get a CCJ it could well effect my job!!

 

please can anyone help-sorry if this is all a jumbled mess:!:!!

[Desperate Daniella]

Hello Corbeta,

 

Someone will help you here. There are so many experts who will tell you exactly what steps to take. It's coming out that Bcard are not producing enforceable agreements. Agreements must be legible, apart from anything else and they must contain the prescribed terms, and I've read here only today that the old ones don't. It's late so you may not get an answer tonight - but you will get one.

 

DD

[bazaar]

Hello Corbeta

Can you possibly scan and post up the letters they have sent you so far, Please make sure you obscure any details about yourself and account numbers etc. We wouldnt want the other side knowing youre going to fight back would we:D.

You can use photo bucket to do this.

Then you'll have a good base to start from, someone will help. In the mean time,

Did the court not send you anything? Get in touch with the court to see what is happenning and to make sure they received your letter.

You'll need to do this so that you can get the timelines right for your case.

They should give you a copy of the particulars of |Claim if you ask nicely, (Maybe a trip down there to collect).

This'll give you and your new friends here something to go on.

Just holler if you need more info.

[corbeta]

thanks Bazaar

 

Do I need so many posts before i can use Photo bucket? i could probably post it in its existing state and no-one would be able to see my details its that bad, but i need to make a copy before i black out the black lol

 

if i post it tom do you think someone would have a look? there are some brill threads that I have been reading but would like an experienced eye cast over it if possible.

 

Everyone on here is great!!

[DocH]

thanks Bazaar

 

Do I need so many posts before i can use Photo bucket? i could probably post it in its existing state and no-one would be able to see my details its that bad, but i need to make a copy before i black out the black lol

 

if i post it tom do you think someone would have a look? there are some brill threads that I have been reading but would like an experienced eye cast over it if possible.

 

Everyone on here is great!!

 

Hi corbeta, there is no minimum post requirement. Post it up tomorrow and if you don't get a response within a few hours (it gets busy here) then click on the triangle to the left of the posts and ask a site team member to take a look.

[corbeta]

hi guys. my scanner has given up the ghost hence the lack of uploaded documents, but its getting really close and i am beginning to think i have really messed this up.

 

keep reading the new threads-boy CL/Cohens are a busy bunch at the moment!!

 

but here is my quandry. Just dug out a copy of the defense i submitted before i found you guys, and looking at it in retrospect its pants. Firstly i denied ever receving a default notice which allowed them to start Court action.

 

secondly i argued that the alleged debt of 8k plus was not persuable as the creditor had failed to action my CCA REQUEST issued to them in Feb 2007 and therefore the debt became unenforcable and they committed an offence on 25th March 2007, and had since failed to comply so could not legally take the action that they were taking. (incedentally they also claim they issued a default notice two days after this on 27th March 2007)

 

i then went on to say there were to my beleif excessive charges on the account and since they had failed to comply with my CCA request I didnt know that even if they did have an agreement whether it would be enforcable through the county court.

 

pants I know, but the judge ordered that action would be stayed until 14 days after the claimant served a copy of the "executed credit agreement" on me. they sent me some illegible rubbish marked application form in September this year(action was instigated in April) and i heard no more until Jan this year when they said I had not filed my disclosure statement. I contacted the court and was told hearing-fast track 3rd Feb @ 11am.

 

i wrote to the court asking for adjournment as i had not received their correspondence. they sent a form and told me if i wanted to apply to complete and pay £75. I have since submitted my disclosure statement to cohen's a cpr request and a complaint about no letter before action being issued.

 

sorry for the ramblings but i have some urgent questions:

 

can i submit a witness statement, like the detailed ones on here in view of my rubbish defense?

 

if not is it too late to ammend it?

 

given that the judge ordered executed credit agreement but is oroceeding on an application form does that mean I am stuffed even before the hearing as he considers they are both one and the same thing?

 

should i be seeking an adjournment to sort this mess out so I dont look like an idiot in court and annoy the DJ, given that cohens wont give me the stuff i really need to prepare?

 

Cohens have not submitted their witness statement to me or a bundle, should they have?

 

any idea how i can get my docs on here without a scanner

 

any help really appreciated as the stress is setting in and with the day job i dont have as much time as i need to prepare properly

 

thanks all

[miffedpuppy]

Corbeta the first hing to do is dont panic, i know its easier said than done but you need a clear head to deal with this.

 

First things first, did you send a CCA request off if so when.

 

Did you get a reply from it?

 

Was it legible?

 

The Credit agreement they sent you what was the date on it?

[bazaar]

Hi Corbeta

As miffed says try to remain calm.

Lets go through what you have so far, so that you have a focused timeline on events.

1.Youve issued CCA request, 2.they didnt respond. 3. they issued proceedings. 4. you put in a defence. 5. They were ordered by the Honourable Judge to submit to you an executed agreement. 6. They sent you an illegible application form in Sept 2008?. 7. someone asked you for your disclosure statement. who asked for disclosure?

 

OK so here you are. If you havent got a scanner, I would suggest you type out exactly whats on the correspondence (May be long winded, but It'll give the people here somewhere to start)

 

If you,ve got an amended defence in mind in light of this dodgy agreement, Then type that up and put it here so someone can proof read it for you and add anything relevant.

You can certainly use one of the many youve read here, amended to suit your needs.

Once youve done that, you can click on the red triangle so that will alert a site team member you need help.

Again, try to stay calm, this claim seems a little dubious because its been since 2007, so something is not quite right.

Please post back with any further questions

[DocH]

any idea how i can get my docs on here without a scanner

Hi Corbeta, do you or anyone you know have a digital camera or phone camera?

[corbeta]

Thanks for bringing me back down guys.

 

right try to be logical:

 

1.Defaulted around 2006 on Barclaycard

2.paid reduced payments until late 2006 when i could no longer afford what they asked

3.offered what i could afford they said no

4. in response i sent CCA request by recorded delivery in Feb 2007. they ignored it and debt became unenforcable on 25th march 2007

5. 27th March 2007 they claim they sent default notice which i didnt receive-Cohens provided me with a copy this month

6. no contact from anyone until 4th April 2008 when I had a letter, dated 3rd stating debt had been transfered on 31st March and that they had instigated legal action

7. court papers arrived few days later, i sent acknowledgement and again asked cohens for Credit agreement. (verbally though on the phone-silly me)

8. several calls later still no Credit agreement so filed defense on grounds that 1) not entitled to take me to court as Barclays had not complied with CCA, 2) No default ever received, 3) given that i had not had sight of credit agreement didnt know if it was enforcable, this was in May 2008

completed allocation questionaire-case transfered to local court. asked for claimant to produce credit agreement in directions

9. District Judge kindly issued stay until credit agreement provided

10. they found a microfiche copy of application form in September and submitted to court-judge unstayed action and set a date for hearing(which i didnt find out until January as i didnt receive the letter, but court says as it wasnt returned they deem it to have been served)

11. Cohen's ask for disclosure statement on 5th January by letter-which i have since sent

12. sent CPR request by recorded delivery shortly after as my application form is illegible

13. still no reply.

14. now need to do witness statement to exchange, although they wont confirm a date for theirs to be ready.

15. need to know what to do next: court hearing is on 3rd Feb, 2 hours allocated currently in fast track.

 

should my witness statement essentially be a statement of facts plus skeleton argument and submissions, and do i have to send a bundle to the court. should i apply to vary my defense as it was very basic and apply for an adjournment to prepare, or just go with what i have got currently

 

managed to scan the application but dont know how to upload it-can anyone help with this?

[DocH]

managed to scan the application but dont know how to upload it-can anyone help with this?

 

Hi corbeta, have a read of post no. 15 in this thread.

 

http://www.consumeractiongroup.co.uk/forum/welcome-consumer-forums/107001-how-do-i-dummies.html

[corbeta]

should be attached application form

[DocH]

I'm afraid that's too small corbeta. Any chance you can enlarge it?

[corbeta]

any better?

[DocH]

Unfortunately no. Have you tried using photobucket?

Edited January 23, 2009 by DocH