Howard Cohen/MBNA - old set aside case - new AQ arrived - help

[matt2002]

Hi,

I have been having some issues with an MBNA Credit Card for about 9 months now! I got into financial trouble and missed a few payments, I then sent MBNA a SAR, I had no response to this and continued to chase (All via recorded delivery) I have still received nothing from MBNA and all went quiet for a while. I then had a letter from CL finance Ltd, to which I replied and advised them that the account was in dispute with MBNA. The ignored this and continued to chase. I then wrote to both MBNA and CL Finance and requested a copy of the CCA. I have still had no response - this was all about 6 months ago. I have today received a form from Northampton Court to fill out and send back, I am not sure what the actual form is as I am currently away on business and my girlfriend has opened it for me, she has said it goes on about me being the defendant and MBNA being the claimant, it says Response on the top with a court stamp, it doesnt ask me to go to court, it just says that if i agree to the full amount I should fill out the form and send it back?

 

Please help I am really worried now!

 

Thanks,

Matt

[PGH7447]

it will be a court claim from howard cohen on behalf of clueless finance.

 

now you acknowldge this on line at mcol and state you are defending the whole case.

 

you then send howard cohen a cpr31 request.

 

you then complain to the oft that cl have instigated court proceeding while the account was in dispute due to non compliance of a cca request

 

we then get a mod to move this thread to the legal forum for further help

[matt2002]

Thank you so much for your fast response, am I likely to get into trouble over this, I am really worried, will I have to go to court?

 

Thanks again!!

 

Matt

[PGH7447]

depends on the actions you and howard go through

[PGH7447]

can a mod move to the legal forum please

[matt2002]

Bump?!

[matt2002]

Can someone move this thead for me to Legal I could really do with some help, what is a CPR31?

[PGH7447]

read this thread

 

http://www.consumeractiongroup.co.uk/forum/dca-legal-successes/192864-cohens-claim-form-received.html?highlight=cpr31

[matt2002]

Thank you for your help PGH7447!

 

I have now filed my AOS online and have just sent Howard Cohen this by SD...

 

Dear Sir,

 

Re: (Claimant's name) v (Your name) Case No:

CPR 31.14 Request

 

On (date) I received the Claim Form in this case issued by you out of the (Name) County Court.

 

I confirm having returned my acknowledgement of service to the court in which I indicate my intention to contest all of your claim.

 

[Prior to the issue of proceedings I had delivered a request for the production of the agreement mentioned in the Claim Form and on which you rely. That request was ignored][delete if no such request was delivered]

 

Please treat this letter as my request made under CPR 31.14 for the disclosure and the production of a verified and legible copy of [each of the following / the] document(s) mentioned in your Particulars of Claim:

 

1 the agreement. You will appreciate that in an ordinary case and by reason of the provisions of CPR PD 16 para 7.3, where a claim is based upon a written agreement, a copy of the contract or documents constituting the agreement should be attached to or served with the particulars of claim and the original(s) should be available at the hearing. Further, that any general conditions incorporated in the contract should also be attached.

 

2 the assignment*

 

3 the default notice*

 

4 the termination notice*

 

5 [any other documents mentioned in the Particulars of Claim]*

 

* delete if not mentioned in the Particulars of claim.

 

[Although your claim is for a sum which is not more than £5,000.00 and will in all likelihood be allocated to the small claims track for determination upon my delivering a defence, at this moment in time I have not delivered my defence and the case has not been allocated to a track. In consequence the provisions of CPR 27(2) are of no effect and you should not seek to avoid compliance with your CPR 31 duties by claiming otherwise]#

 

# delete if claim for a sum exceeding £5,000.00

 

You should ensure compliance with your CPR 31 duties and ensure that the document(s) I have requested are copied to and received by me within 7 days of receiving this letter. Your CPR 31 duties extend to making a reasonable and proportionate search for the originals of the documents I have requested, the better for you to be able to verify the document's authenticity and to provide me with a legible copy. Further, where I have requested a copy of a document, the original of which is now in the possession of another person, you will have a right to possession of that document if you have mentioned it in your case. You must take immediate steps to recover and preserve it for the purpose of this case.

 

Where I have mentioned a document and there is in your possession more than one version of that same document owing to a modification, obliteration or other marking or feature, each version will be a separate document and you must provide a copy of each version of it to me. Your obligations extend to making a reasonable and proportionate search for any version(s) to include an obligation to recover and preserve such version(s) which are now in the possession of a third party.

 

In accordance with CPR 31.15© I undertake to be responsible for your reasonable copying costs incurred in complying with this CPR 31.14 request.

 

If you require more time in which to comply with this request you must tell me in writing. You must tell me before the time for compliance with this request has expired. In telling me you require more time you must tell me what steps you have taken and propose to take in order to comply with this request and also state a date by when you will comply with this request. In addition your statement must be accompanied with a statement that you agree to an extension of the time for me to file my defence. Your extension of time must be not less than 14 days from the date when you say you will have complied with my request and you must state the new date for filing my defence.

 

If you are unable to comply with this request and believe that you will never be able to comply with this request you must tell me in writing.

 

Please note that if you should fail to comply with this request, fail to request more time or fail to agree to an extension of time for the filing of my defence, I will make an application to the court for an order that the proceedings be struck out or stayed for non-compliance and a summary costs order.

 

I do hope this will not be necessary and look forward to hearing from you.

 

yours faithfully

 

 

 

Hopefully they will not comply... not sure what happens afer that though, but will wait to see what appears in the post over the next couple of weeks!

 

Thank you so much for your help so far though, it is very much appreciated!!

[PGH7447]

he wont reply or you will get the standard, this is small claims so cpr31 does not apply

 

you will have had 28 days I think it is to submit a defence, so you need to prepare one, the same thread should give you an idea or look at other cohen threads.

 

keep an eye on the time, it soon goes, if cohen replies with the above statement then submit the defence straight away, then await developments

[matt2002]

Thanks!

[matt2002]

I have now had a letter back from Howard Cohen Thanking me for accepting the cliam and advising that if do not pay they will issue a judgement, they have not acknowledged my CPR, so I guess I need to start building my defence - are there any examples on here that I can use, I really have no idea wher to start or what im doing, but as they and mbna have failed to provide me with a signed CCA, a letter of assignment or a default notice I feel I should have a good case.

 

Any help is much appreciated!

[PGH7447]

can you scan his letter up

 

"thanking you for accepting the claim" and "if you dont pay they will issue a judgement"

 

Sorry since when has coward hohen been a judge

 

OK you need to submit an embarressed defence, there are loads about just type in embarressed in th search box, if you cant find one give us a shout

[matt2002]

Thanks, I got home last night and have had another letter from Coward, it basically says that they are in reciept of my letter an have applied to MBNA for the documents I have requested, all legal proceeding are on hold until these have been received. Is this good?

[supasnooper]

It depends on what MBNA return to HC.

 

Have you sent off a CCA request to MBNA ? If not, get one off ASAP.

 

I note that you say you've sent a Data Subject Access Request to MBNA and they have failed to comply.

 

You need to send MBNA a Letter Before Action but please do not send if you don't intend to follow it through -

 

 

Your name

Your Address

Your Town

Your County

Your Postcode

 

 

Date 2009

The Company Secretary

The Creditor

Creditors address

CreditorsTown

Creditors county

Creditors postcode

 

 

LETTER BEFORE ACTION

Section 7(1) – Data Protection Act 1998

 

 

 

Account: XXXXXXXXXXXX

 

 

 

 

Dear Sir / Madam,

 

 

You have failed to comply with my Data Protection Act Subject Access Request dated xxth xxxxxxxxxx 2009.

I will remind you as to what documents I expect.

 

The following is by no means an exhaustive list but in the main this is what I require.

Please supply me with a complete list of transactions and charges relating to ALL accounting history with your organisation. Alternatively, a complete set of statements for that period will be acceptable.

Additionally, all records you hold on me relevant to this account, including but not limited to:

1. A transcript of all transactions, including charges, fees, interest, repayments and payments and both the original amount of the loan and any repayments made to the account.

 

2. Transcriptions of all telephone conversations recorded and any notes made in relation to telephone conversations by your company

 

3. Where there has been any event in my accounts history over this period which has required manual intervention by any person, I require disclosure of any indication or notes which have either caused or resulted in that manual intervention, or other evidence of that manual intervention in relation to my account. If you are unable to supply this data because there has been no such manual intervention, then please be so kind as to confirm this in your response

 

4. True copies of any notice of assignment and/or default notice or enforcement notices that you may have sent to me, with a copy of any proof of postage that you hold.

 

5. Documents relating to any insurance added to the account, including the insurance contract and terms and conditions, date it was added and deleted.

 

6. Details of any collection charge added to the account; specifically, the date it was levied, the amount of the charge, a detailed financial breakdown of how the charge was calculated, and what the charge covers.

 

7. Specific details of the fees/charges levied by any other agency in respect of this account and a detailed breakdown of said fees/charges and what each charge relates to and on what date said fees/charges were levied.

 

8. A genuine copy of any deed of assignment, or proof that you have a legal right to this money.

 

9. A genuine copy of any notice of fair use of my data as required by the Data Protection Act 1998

 

10. A list of third party agencies to whom you have disclosed my personal data and a summary of the nature of the information you have disclosed.

 

11. A copy of all account statements for the duration of the agreement.

 

12. Please would you also advise me of the logic involved in any automated decisions taken by you about me pursuant to section 7(1) (d) of the Data Protection Act 1998.

 

13. A True copy of the consumer credit agreement section 77-79 of the Consumer Credit Act of 1974 for the account.

 

14. Any Other information relating to this account.

If you do not comply within the next 7 days I shall seek a Court order obliging you to do so together with damages at the discretion of the Court and without any further notice.

 

 

 

Yours Faithfully,

Print your name here

 

Do NOT sign, Send by recorded delivery

Also complain to the Information Commissioners Office - Complaints about freedom of information policy - ICO

[matt2002]

Hi,

 

After receiving a letter from HC stating that they had requested the documents from MBNA and pending these documents all legal action was on hold, I have now received a CCJ from Northampton Court which states that Judgement was ruled against me in default - what do i need to do now, surely HC cant do this after telling me court proceeding were on hold until they had received the original agreement from MBNA?

 

Help much appreciated...

[PGH7447]

now you go for a set aside and the evidence you use is the letter that HC sent you saying all legal proceedings are on hold, check out the legal forums for advice on how to get a set aside, also report HC to the solictiors ombudsman for misleading you

 

time this git was put down

[Series3]

how can he get a judgment if you were going to defend?

Did you admit to the claim?

[PGH7447]

because he's a *(*&%^$ piece of work

[matt2002]

No I didnt admit to the claim, I acknowledged the claim and stated my intention to defend, I have just managed to get through to the court who were really helpful, I explained the situation and they are going to email me the form to have this set aside. They also said that i should attach the letter HC sent me stating everything was on hold, as the district judge may strike this out because they are misleading me, the lady at the court seemed very helpful and supportive and seemed very knowledgeable about HC and their practices, which hopefully is a good sign, although she did say that I should get it resolved as soon as possible as HC use their on bailiffs who 'aren't very nice'

 

Am bricking it now!!!

 

Thanks for your continued support, I would be a mess without this place!!

[PGH7447]

if HC send anyone round thn more ammo for you in your complaint, and please do complain to these

 

Solicitors Regulation Authority - problems

 

he has been investigated so many times now they must start to take notice

[matt2002]

Thanks for the link, I will put everything together tonight when i get home as I will have all of my ammo with me including dates etc...

[matt2002]

Hi everyone, I finally have a date for court to see if i can get this set aside, it next Tuesday 8th June. Will HC even show up, what should i do, never been in court before so am a little scared now, I have the letter from HC stating that all legal proceedings are on hold until they can produce the documents, this is going to be my defence and reason to have judgment set aside, will this be enough and what is the protocol in court??

[matt2002]

anyone?

[Dotty50]

Hi Matt,

 

Sorry I can't help with legal issues but this will give the thread a nudge.

 

This should be in the legal forum for more assistance though.