what do I do next-Barclaycard/Cohen Court date

[corbeta]

31 request, I agree that the LBA is not a huge point, but it is a point that should be made, given that they issued county court proceedings even before they had sent me a notice of assignment, despite the fact that barclays were in breach of a CCA request whn they sold this on.

 

whats the worst bit is that i never said i wouldnt pay, just couldnt pay what they wanted at the time

[corbeta]

should i also draw the judges attention to the fact that what they have sent me is not a signed executed credit agreement as he stated in his first order, but merely a poor quality copy of an application form?

[DocH]

Sorry I was amending my previous post when you replied. Never had to deal with an adjournment hearing before so can't advise.

 

Exactly like the rest of us. Catostrophic event in our lives resulting in no or reduced income; want to pay but just can't afford the contractual rate. Just want the banks to behave reasonbly in these circumstances.

[DocH]

should i also draw the judges attention to the fact that what they have sent me is not a signed executed credit agreement as he stated in his first order, but merely a poor quality copy of an application form?

 

Yep, certainly add that.

[corbeta]

well after all this nonsense i am thinking about doing a qualification in consumer law!!

 

interestingly enough though, they are asking for a further month before exchange of witness statements and May for final hearing. if the adjournment is granted i may use the time to ask the court for an unless order in respect of the CPR request and the executed agreement-if there is no ajournment I will be busy Friday drafting witness statement, skelenton argument and siting caselaw for my submissions!!

[corbeta]

any thoughts on my last post guys?

[DocH]

I would be inclined to go for your 'unless order' sooner rather than later, afterall you really want some resolution from this nonsense. Whether the judge will allow it is another question whilst the case is stayed/adjourned. Might be a question to put to him during your conference call tomorrow.

 

If they don't get their adjournment then just shout if you need any assistance with your defence etc, you'll get plenty of help from the good people on here.

[corbeta]

im sure i will need all the help i can get as i will need to submit a witness statement, work out a defence and find all the relevant case law over the weekend. ill want to serve it on monday as it may give the judge chance to look at it before Tuesday.

 

what do you think should be my stance on this conference call tomorrow?

 

does anyone know if the courts are likely to grant this adjournment, or do they tend to say no?

[DocH]

Okay, having just re-read your thread to refresh my memory, if you feel comfortable agreeing to the adjournment then go with that. As I've said previously you should ask permission of the court for an order of the court for the claimant to comply fully with your CPR request i.e. the application form sent is illegible, no true copy of DN etc. You should also seek his permission to submit an amended defence.

 

The adjournment just may work in your favour, with all that you need to do in preparation for the case.

[corbeta]

well, should know tomorrow by about 10.30 either way! keeping my fingers crossed that the Honourable judge is glad its friday and already has a busy tuesday so doesnt mind bumping it!

 

how will it fare that cohens aint produced a witness statement?

[corbeta]

Well judge has vacated the hearing so i am looking at a hearing date for may, witness statements to be exchanged by 3rd March.

 

gloves off now!!

[caro]

Well you've already made a start on it, and now you've got a month to complete it and fine tune it.

 

If you haven't done so already, I suggest that you use your time wisely and do lots of reading. The CAG statutes library probably has all the information your likely to need. I suggest that you print off the ones that you're basing your defence on so that you have them to refer to easily. You might find it helpful to use a highlighter on the sections that you're referring to. You'll also need them for your court bundle, so if you do 3 sets now, you'll save yourself some sleepless nights later.

[corbeta]

thanks guys

 

when i have finished my W/S can i post it for someone to have a look at?

[DocH]

That's what we're here for.

[corbeta]

hi guys

 

have to fill in a listing questionaire by 17th March and serve on claimnt and court. So many things wrong that i need answers too, including the fact that statements they sent me show a nil balance from late 2007 to mid 2008.

 

does anyone know whether i can ask for a new set of directions when i complete the listing questionaire, and should i ask Cohen's why my statements show a nil balance?

[corbeta]

little bump!

[caro]

Not familiar with multi track procedure I'm afraid. What have you got so far?

[corbeta]

its Fast track not multi track

 

original hearing was vacated at request of cohens as they could not do W/S in time

 

no have to fill in lnew listing questionaire by monday after agreeing another extention of witness statements for them.

 

but since looking more closely at the stuff they sent me in case judge wouldnt vacate i have found the following:

 

CCA is virtually illegible at best and i dont think that it can be classed as enforceable as its an application that doesnt contain prescribed terms within the body of the agreement, although they have sent an undated copy of terms and comditions that are completely seperate

 

DN is non-compliant as it only gives 14 days from date of writing to comply-so unless they served it on the same day it is defective

 

statements that they have sent me show different accoun numbers and a nil balance from late 2007 to mid 2008-how should i address this?

 

cohen cramer wont reply to my complaint about no letter before action, the CCA request i made to barclays that they ignored and the debt became unenforceable before the debt was sold on, or the fact that they have failed to copmly with my CPR 31 request fully.

 

im thinking i should be submitting an ammended defense with the listing questionaire as my initial defence was no credit agreement so cant ascertain enforceability etc, as well as some proposed directions for proof of service of default notice and also production of a valid credit agreement as what they provided is illegible and does not contain whats necessary for it to become a valid agreement?

 

what does anyone out there think?

[corbeta]

bump

[corbeta]

can anyone help with this-listing questionaire due in tomorrow?

 

thanks

[DocH]

Hi corbeta,

 

I've not had much experience with listing questionnaires, but this might help you:

 

PRACTICE DIRECTION – DISCLOSURE AND INSPECTION

[steven4064]

corbeta

 

In your "no CCA" defence, did you also request leave to amend the defence if the other side came up with something? If so, you could just put in an amended "iegible CCA" defence. Otherwise you could include it in your witness statement

[corbeta]

Didnt reserve the right to ammend my defence, hadnt found this site then so i think it will have to be included in the witness statement- the bit i really need to know about though is what to do about the different account numbers and zero balance at the end of the ststements they sent me

 

any ideas anyone?

[corbeta]

Hi all those who have given me assistance over the past few months!

 

i had a notice of discontinuance today by email from Cohen Cramar barrister who has been dealing with my claim

 

is there anything i need to do now to stop a second go or someone else coming after me?

 

once again thanks for all the help-feel ready to fight the world!!

 

ps-what can i now do about the details on my credit file?

[Guest janensteve]

apply to the court to strike out/dismiss their claim, that will preserve res judicata