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

[sunflower99]

Read it carefully - they only say they will call - not that they will call on your house. They are trying in their silly little, feeble, cretinous way to get you to telephone them.

 

Do not waste cakes, biscuits, boiling water, tea etc. because the pondlife will never darken your door.

 

You can probaly look forward to letters in coloured envelopes (making you think they are greetings cards), and, when they REALLY LOVE YOU, you'll get the infamous pink pigs!

 

Be prepared for a barrage of multi-coloured b*llsh*t from these morons - and - welcome to the MBNA fan club!

Hi Gazza!

Snap! I just received one of those cards too from MBNA!I have got a bloke comeing to visit me! this week! I will have to get the sherry and mince pies out! :-DMy postcard had a nice wintery scene outside,The phone number is slightly different from yours but perhaps they are going to send Claire to visit you!

Edited December 13, 2008 by sunflower99

[steven4064]

Send them the "don't visit or else" letter

Please note that I am only prepared to communicate with you in writing. Should it be your intention to arrange a "doorstep call", please remember that there is only an implied license under English Common Law for certain people to visit me on my property without express permission; the postman and people asking for directions etc (Armstrong v. Sheppard and Short Ltd [1959] 2 Q.B. 384 per Lord Evershed M.R.).

 

Please therefore take note that, I revoke license under English Common Law for you, or your representatives to visit me at my property and if you do so without my permission, you will then be liable to damages for a tort of trespass. You would also be conspiring in a trespass if you sent someone to visit me nevertheless.

[Gazza112]

Hi All

 

Just an update on MBNA/Abbey, guess what they only sold my dept on.

Without replying to my CPR 31.16 request, the company's called Lewis Dept Collections.

 

Here's a scan of the letters i received today from them.

 

 

Image removed on request of OP

 

 

Gaz

Edited September 22, 2009 by citizenB
REmoved image - personal information showing

[Gazza112]

Hi All

 

Just an update and a bit confused what MBNA/Abbey sent through to me today.

 

 

As you can see in the thread that MBNA/Abbey sold my dept onto Lewis Dept recoveries on the 21st January.

 

 

With out replying to my CPR 31.16 letter,

 

 

well today MBNA/Abbey have sent me there amended T&C.

 

 

What are they playing about with if they no longer hold the Dept, as if you look its dated February 2009?.

 

 

Gaz

docs6.pdf

[Gazza112]

Hi CitizenB

 

Ok i'll get that timeline sorted out, here's the Court Papers i received to day for both accounts.

 

Gaz

claimform.pdf

[Gazza112]

Hi All

 

Received my AQ's from MBNA today, although i was late in receiving these.

The Claiment (CL Finance) has to pay £35 to the Courts.

 

Gaz

AQ.pdf

[Gazza112]

Hi All

 

Just an update.

 

Received my Subject Access Request (Subject Access Request) from the Abbey/MBNA account yesterday.

Was going through it checking to see if the paperwork was there.

Things missing are as follows.

 

No Aggrement

No Application only Autoscore SM Card Application Details.

No original Terms and Conditions only recent ones.

No sign of a Default Notice

No Termination Notice

No Account signed to Third Party

No Corrispondance Letters only the Subject Access Request letters.

 

 

Just wanted to know if they have filled the obligations with my Subject Access Request.

 

 

Gaz

[supasnooper]

See my response on your other thread.

 

http://www.consumeractiongroup.co.uk/forum/show-post/post-2157234.html

[Gazza112]

Hi Supasnooper

 

Thanks for your info and template letter.

 

Gaz

[Gazza112]

Just an update filled in my AQ's which i received yesterday, will get these down to the Courts.

 

 

Other Information

 

Section G

 

If the court is in agreement, the defendant respectfully requests that special directions may be given as per the attached draft order.

 

The defendant proposes these directions in mind of the Overriding Objectives, and in particular the duty of the parties to help the court further them. The issues outlined below are the crux upon which this claim rests, and the proposed directions identify these issues and will allow them to be assessed in advance of the hearing so that this claim may proceed justly and expeditiously;

 

Without production of the requested documents, I am at a disadvantage and am unable to serve a proper defence. Failure of the claimant to supply the requested documentation will make the case much harder for the court to deal with as without production of the requested documentation will inhibit the courts ability to deal with the case.

 

The House of Lords in the case of Wilson v First County Trust Ltd - [2003] All ER (D) 187 (Jul) made it clear in paragraph 29 of LORD NICHOLLS OF BIRKENHEAD judgment

 

29. The court's powers under section 127(1) are subject to significant qualification in two types of cases. The first type is where section 61(1)(a), regarding signing of agreements, is not complied with. In such cases the court 'shall not make' an enforcement order unless a document, whether or not in the prescribed form, containing all the prescribed terms, was signed by the debtor: section 127(3). Thus, signature of a document containing all the prescribed terms is an essential prerequisite to the court's power to make an enforcement order. The second type of case concerns failure to comply with the duty to supply a copy of an executed or unexecuted agreement pursuant to sections 62 and 63, or failure to comply with the duty to give

notice of cancellation rights in accordance with section 64(1). Here again, subject to one exception regarding sections 62 and63, section 127(4) precludes the court from making an enforcement order.

 

Its is respectfully requested this case be allocated to the small claims track, it is a straight forward case and is easily resolved on production of the required documentation by the claimant, should the claimant not have the documentation required to progress this case I suggest that there will be no case to answer

 

Therefore it stands to reason that these documents must be disclosed before this case can progress any further

 

 

 

 

Draft Order for Directions

 

1 The Claimant shall not later than 4:00pm on (date) (being a date 2 weeks from the date of the making of the case management directions) file and serve a verified true copy of each of the following documents mentioned in the Particulars of Claim

 

(a) the executed regulated consumer credit agreement made between the defendant and xxxxxxxxxxxxxxxxx under reference xxxxxxxxxxxxx together with any terms and conditions that applied to it, the original document must be brought to the hearing.

(b) the default notice together with proof of service

© notices of assignment together with proofs of service

(d) the deed of assignment the original document must be brought to the hearing

(e) a full and complete statement of account including all payments made and charges applied covering the period beginning with the day of the making of the agreement and ending on the date of the commencement of this case.

(f) any other documents on which the claimant will rely

 

2 In the event that the Claimant shall fail to comply with paragraph 1 of this order the claim shall stand struck out and the Defendant shall be at liberty without further order to apply to this court for judgment and for costs on the standard basis to be subject to detailed assessment proceedings if not agreed.

 

3 In the event of compliance with paragraph 1 of this order this case shall be allocated to the fast track and

 

4 The Defendant shall file and serve an Amended Defence by 4:00pm on (date) (being a date 6 weeks from the date of the making of the case management directions).

 

Gaz

[citizenB]

Looks ok to me Gazza, but then I have no legal knowledge so you might want to wait for someone that does to have a peek.

 

I think the value of the claim will mean it goes to small claims in any event.

[Gazza112]

Hi CItB

 

That's the one CCM gave me to submit when i filled my other Court Claim. As it was the same company taking me to Court i used that one for this Court claim.

 

Gaz

[citizenB]

That's ok then, Gazza

[stressed mum!]

Hiya Gaz thanks for the link subbing x

[AA99]

Hiya Gaz thanks for the link subbing x

 

also

[Gazza112]

Hi All

 

May need a little help with this, received a letter from the Courts today.

They've allocated to a small claims track (Hearing) for the 28th September for one and a half hours. I've still not received any paperwork back from CL Finance, so i can put in an amended defence for this claim.

 

 

Gaz

[GhostDebt]

Hello Gazza,

 

Have you received an N149 Allocation Questionnaire? and has it been filed with the court?

 

Regards

[GhostDebt]

We only received documents in our case as a result of the court making an order for them to supply them.

[Gazza112]

Hi Ghostdept

 

Yes, received my Allocation Questionaire and that went straight back to the Court. The filed there AQ on the last remaining day .

The Letter i received today was from the Courts alloting a time for the case to be heard. But as i said not heard a dicky bird from them, only a letter we can offer a discount on the dept.

But i think like you with the dodgy DN and a proper CCA, they don't have a two strong a case to fight.

 

Gaz

[GhostDebt]

In my opinion I would suggest if they have not provided you with the documents and your AQ has already been sent that you would need to make an application to the court using an N244 and enclosing the appropriate fee asking for directions or orders to be issued by the court for the claimant to provide the required documentation and you would need to list the specific documents you require and ensure that the directions include for you to file a consequentially amended defence.

Hopefully someone else will be along to support the above comment and offer you some suggestions.

 

Regards

[car2403]

What are the directions that are on the Notice of hearing form, though?

[Gazza112]

Hi Ghostdept

 

There was an order and directions in the Courts letter today.

It says the following:

 

The following directions apply to this claim:

 

1) each party shall deliver to every other party and to the Court office copies of all documents (including expert's reports if the Courts has given permission for expert evidence to be used) on which he intends to rely at the hearing.

 

2) The copies shall be delivered no later than fourteen days before the hearing.

 

3) The original documents shall be brought to the hearing.

 

4) Signed statements setting out the evidence of all the witnesses (including expert witnesses if permission has been given to use them) on whom each party intends to rely shall be prepared and copies included documents mentioned in paragraph 1. This includes the evidence of the parties themselves and of any other witnesses whether or not the witnesses are going to come to court to give evidence.

 

5) The Court must be informed immediately if the case is settled by agreement before the hearing date.

 

 

 

So do you still think i should apply for a N244 and get that into the Courts.

 

 

Gaz

[Gazza112]

Hi Car

 

Thanks for looking in, just posted them up.

 

Gaz

[citizenB]

You might be exempt from any fees, if you have to file the N244 .

[car2403]

Not sure what the N244 would achieve?

 

They've been ordered to disclose everything that they intend to rely on, so they need to comply or risk strike out.

 

I can't remember the whole thread, but I'm assuming that your defence put them to proof anyway, so I can't see what else you can achieve with an application.

 

On the other hand, if you are in fee remission, it may be worth one to put this to bed earlier. The challenge will be will the Court see that as an attempt to clarify the issue, or will it deem that you should have had those documents from the other side as part of these standard directions.

 

IMHO, no Application is necessary. Just more time to allow them to balls their own case up if they don't disclose what is required.