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

[cerberusalert]

Moved to Legal Forum

[matt2002]

Thanks for moving it for me, am getting really worried now as I'm in court on Tuesday and have no idea what I'm doing!!!

[bazaar]

Matt please try to calm down, what have they sent you in regards your legal requests, ( Did you send them recorded delivery?

Get everything you recieved and sent in logical order and put in a file, If theyve not sent anything, then all you can possibly do is file embarrassed.

 

we need to get advise on what you can ask the court to do on your behalf, hopefully without you paying for it, so if theyve sent nothing to prove you owe anything, theyre wasting valuable court time, theyve also decieved you.

So get your file ready, show the Judge what youve done to obtain the documents and show how theyve delayed you in preparing your defence

[freethemice]

Hi,

 

First thing first court isn't what you are expecting. This isn't a criminal matter this is a civil matter. You get there sign in with the usher and sit in a canteen style room until it is your turn. If the other side is there they may want a quick chat in a private room and it is up to you if you do this or not.

If they try to give you any papers at all at this stage politely and firmly refuse. Anything they have at this point can be addressed through the judge.

You go into a small office with legal books on the shelves and sit around a big table (or 3 small ones pushed together)

Standard protocol is for the claimant to go first (if they show). Listen take notes. If anything is too fast for you or if it is in a legal language you do not understand make a point of saying

"sorry I'm litigant-in-person (just means your defending yourself) can I ask you to repeat that/explain what that means.

All that is been decided at this point is wether there is good reason to have the judgement set aside.

I would say if you have your notes well organised (2 copies of everything 1 for the judge, 1 for the claimant) this should be granted.

This just puts the case back to where it was though and you still either need to defend or complain and complain again if documents needed for your defence are not forthcoming.

I know its easier to hide and hope it goes away but the court will want to know why you left it so long after your cpr request without taking further action.

I always approach these things with a prepare for the worst and hope for the best attitude. Worst the ccj sticks and you pull out your repayment plan the court rubber stamps it and as long as payments are maintained nothing else will happen.

Best they will take deep offence at the claimants actions and throw the case out.

 

Hope this helps and good luck.

[matt2002]

Thanks for your advice, so far I have my requests and the proof of delivery, I have their response which states everything is on hold until they find them and send me a copy, then i just have several threatening letters stating that i have not stuck to the court order and that they are sending bailiffs

 

Thanks again, this is all very daunting and i really appreciate your advise!!

[freethemice]

The other side have had more than enough time to find paperwork that should have been attatched to the claim form.

I would be asking the judge to strike out under cpr 3.4

Power to strike out a statement of case

 

3.4

 

(1) In this rule and rule 3.5, reference to a statement of case includes reference to part of a statement of case.

 

(2) The court may strike out(GL) a statement of case if it appears to the court –

(a) that the statement of case discloses no reasonable grounds for bringing or defending the claim;

 

(b) that the statement of case is an abuse of the court’s process or is otherwise likely to obstruct the just disposal of the proceedings; or

© that there has been a failure to comply with a rule, practice direction or court order.

 

If he/she isn't keen to do this point out that you have nothing to defend against as the claimant has provided no evidence - show your proof and ask if he/she can at least make an order for disclosure and inspection so you can formulate a defence.

 

Also as the claimant is not showing paperwork you should also ask for costs and should be granted this.

You can work these out later you just want the judge to agree.

 

Hope this helps

[matt2002]

Thanks for all of your help, I have just come out of court, the judge has set it aside and requested they pay my costs within 14 days, I was really nervous but no legal jargon needed, i just went in and explained what has happened, he shuffled some papers for a minute and then just said he would set it aside, asked if there was anything else, i asked about costs and he said that was reasonable.

 

If anyone else is ever worried about going to court, DONT BE, it isnt as intimidating as i thought it would be!!

[Notasniceasjoe]

Great result Matt - congratulations and thanks so much for the update.

[The Mould]

Thanks for all of your help, I have just come out of court, the judge has set it aside and requested they pay my costs within 14 days, I was really nervous but no legal jargon needed, i just went in and explained what has happened, he shuffled some papers for a minute and then just said he would set it aside, asked if there was anything else, i asked about costs and he said that was reasonable.

 

If anyone else is ever worried about going to court, DONT BE, it isnt as intimidating as i thought it would be!!

 

 

Hello there matt,

 

A very big GODZILLA to that superb result for you against those nasty robots.

 

What an amazing amount of support given by those caggers absolutely excellent work, advice and guidance, well done indeed, I really do enjoy learning that the robots have failed to inflict injustice against a layperson.

 

Well matt, please up-date on the next stage of this, when you can.

 

Kind Regards

 

The Mould

[freethemice]

Well done so far. Make sure you get the costs submitted. I would say around £300 would be fair but itemise this to look reasonable. There is plenty of threads on here to help you draft this.

This is set-aside which means things revert to how they were before the judgement was entered.

This means you will have a case to fight or negotiate a settlement on. To do this you need the documents to defend.

Read through the claimants particulars of claim issued in Northampton taking note of all the documents they mention. i.e. credit card agreement, default notice, termination notice.

Then you need to send a cpr31.14 request for these documents (again a quick google search will find you a template)

If this is ignored send a second one marked 2nd request a fortnight later

If this is ignored send a third one a fortnight after that.

If this is ignored you need to be applying to court for an unless notice.

 

Point is you can't just ignore this you have to be seen as pro-active and concerned about getting the documents now needed to defend or acknowledge a debt exists.

[matt2002]

Hi All,

 

About 2 years ago I had a judgement made against me from HC regarding an MBNA credit card, the judgement was made in default, so I applied to have it set aside as despite my CPR request for Notice of Assignment, Default Notice and CCA, CH had failed to supply it. I appeared at Court and the Judge agreed to set the judgement aside and even awarded me £75 costs. CH even paid up!!

 

A few weeks ago I had an allocation questionnaire through regarding HC, after speaking to the court I was advised to state that despite previous requests I had still not been given visibility of the information requested in my CPR. I did this and sent it off. I then recieved a letter from the court stating that the claim had been stayed until HC could provide the documents - today I received the documents. The Original Credit Agreement which was signed up for online, copies of statements, default notice and notice of assignment.

 

How can I find out if my CCA is enforceable? I read on here that if a credit card agreement doesn't state the credit limit then it is unenforceable, mine simply says 'We will choose your credit limit and tell you what it is. We may vary it at any time and write to let you know' it mentions nothing else about the credit limit.

 

Please help, this has been going on for years now and I just want to put it behind me, I cant focus on anything else at the moment, and I really need to!

 

Thank you in advance for your knowledge and experience!

[dx100uk]

new and old threads merged for history of case.

 

dx

siteteam

[matt2002]

Thank you!

[Dotty50]

Hi Matt2002

 

Are you able to scan and put the documents on here for others to give their opinions?

 

Remove any personal details.

[dx100uk]

scan the required letters/agreements/sheets

remove all pers info inc barcodes etc but leave all figures and dates.

goto one of the many free online pdf converter websites

convert the image to pdf format.

open a new msg box here

hit go advanced below the msg box

hit manage attachments below that box

hit the add files button on the top right

hit select files, navigate to your file on your pc

hit upload files

NB:you can set where it goes in the post by hitting insert inline.

the hit reply button

dx

[matt2002]

Thanks, I will scan the CCA in when I get home tonight and post it up for all to see, I really hope there is a way out of this!

[matt2002]

Hi, I have just noticed that they have the incorrect address on the CCA, they have an old address but I had moved out of there 2 weeks before this agreement was signed - will this help my case?

[dx100uk]

doubt it

 

dx

[matt2002]

Hi all, sorry for the delay, here is my agreement, or the one they have sent me anyway...22-11-2010 22;28;53.pdf

 

Would really appreciate someone taking a look and letting me know what my next steps should be...

22-11-2010 22;26;10.pdf

22-11-2010 22;26;50.pdf

22-11-2010 22;28;20.pdf

22-11-2010 22;27;32.pdf

[dx100uk]

tbh that looks ok or certainly typical of mbna

how old is this card/ when did you take it out?

 

dx

[matt2002]

apparently the agreement was taken out in december 2006?

[Dotty50]

Was it an online application Matt?

[dx100uk]

thats what i was thinking too

 

it looks like it

 

dx

[DonkeyB]

Hi, I have just noticed that they have the incorrect address on the CCA, they have an old address but I had moved out of there 2 weeks before this agreement was signed - will this help my case?

 

I think this does make it unenforceable. It is simply wrong. If it is a recreation – which it must be as you did not live there at the time – then Carey v HSBC makes absolutely clear that your name and address must be EXACTLY as they were at the time the agreement was taken out.

[matt2002]

Hi all, thanks for your input, it was indeed an online application, and the address was indeed incorrect, it was my old address on the agreement I had moved about 2/3 weeks prior to this agreement being formed. How should I respond, all i have had so far is a letter from the court stating the case will be stayed pending written confirmation that the documents have been sent. Then I had the documents through from Cowards and Hoes with a covering letter saying a copy had also been sent to the court, have heard nothing from the court yet... Not sure what to do next!