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    • Dear Man in The Middle   Actually I should be thanking you   I have been impressed by your kindness your professionalism and your prompt reply   I very much thankyou for your thorough reading through my case and pin pointing every point   I was thinking of appealing the fine aspect of the sentence but you have made everything much clearer and it makes me feel better     Cant thank you enough for being so helpful and may you be blessed
    • HB.    What's wrong with" Girl done good"?  Not tripped over one of those politically correctness bumps have I.    We say, " boy done well or good", dont we? perhaps, well I do. Oh dear.   Apologies wherever necessary.
    • Hi    yes i already have -    the agreement  Notice of assignment  statement - but not fo complete period  2006-2016, and this is just printed on plain paper      So i will just request the Default notice and full statement on the CPR Form 
    • Thanks for the feedback. A couple of comments:   1. Before Magistrates arrive at court they have no idea what sort of offences they will be dealing with or who they will be dealing with.  They are given a list of defendants and the charges against them on arrival and that's it. Their Legal Advisor (the person sitting in front of them and facing the court) runs through that list before the court begins, but only to point out anything unusual or anything in particular they need to know. In a traffic court there is not usually anything to tell them. They have no papers given to them about any of their cases (except occasionally when dealing with trials or probation reports) until the case is called on. They rely on being provided with any papers they need by either the prosecutor or their Legal Advisor..   2. Your fine is based on your weekly net income and no account of expenditure is normally taken. It is asked for so that, should the defendant ask to pay in instalments, some idea of how much per week or month he can realistically afford can be gained. Actually, your fine was not harsh. On the contrary you were treated rather leniently. The guideline fine for 76 in a 50 is one and a half week's net income. £6,200 pcm is £1,430 pw. So your fine should have been £2,145. Your guilty plea would knock it back to £1,430 - one week's net income, as I mentioned in an earlier post. In addition to that you would pay £143 in the form of a "Victim Surcharge" and £85 towards prosecution costs - so £1,658 in total. Had you pleaded Not Guilty and been found guilty at trial (a near certainty from what I remember you told us) not only would you have lost the discount on your fine but you would also have paid £620 prosecution costs. A conviction following a trial should have cost you £2,145 (Fine) + £170 (VS) + £620 (Costs) which equals £2,935 (the maximum Victim Surcharge for offences committed before 28/6/19 is £170).   Other than that I'm not surprised they asked why you would prefer a ban instead of points and even less surprised that they chose points over a ban. I doubt your presence made any difference at all (which, again, I suggested earlier that it probably would not). Sentencing for speeding is very prescriptive and there is rarely any mitigation or other factors surrounding the offence or the offender which would significantly influence the outcome. Speeding becomes a very expensive business when cases come to court, especially for those on high incomes and very often a "view" is taken by the Magistrates that the calculated fine is a "bit steep". That's probably why you were cut some slack.   One other point which will probably upset you more than help (but which I think it is important you are aware of). Had your recorded speed been just one mph lower you would almost certainly have been offered a fixed penalty (FP) of £100 and three points. FPs are normally offered up to 49mph in a 30 limit, 65 in a 40, 75 in a 50, 85 in a 60 and 95 in a 70.   Thanks again for the feedback.
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Guest dvdriley

H Cohen / Cl Finance MBNA - CCJ Set Aside help needed

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Guest dvdriley

MBNA ctrdit card, they issued proceedings, i acknowledged service and intention to dispute whole claim electronically, i sent an embarrassed defence to court and relevant docu,emnt requesy to HLC and never heard anything. THEY ENTERED JUDGEMENT BY DEFAULT!!! Court say they never received my defence, sent recorded delivery, post office web site says it has not been delivered, sent it Oct 22nd, now what.

 

N244 to set judgement aside ? can i transfer case to my local court on same form. Should i ask for case to be struck out? Advice please

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MBNA ctrdit card, they issued proceedings, i acknowledged service and intention to dispute whole claim electronically, i sent an embarrassed defence to court and relevant docu,emnt requesy to HLC and never heard anything. THEY ENTERED JUDGEMENT BY DEFAULT!!! Court say they never received my defence, sent recorded delivery, post office web site says it has not been delivered, sent it Oct 22nd, now what.

 

N244 to set judgement aside ? can i transfer case to my local court on same form. Should i ask for case to be struck out? Advice please

 

 

Whatever you do; always do it via Special Delivery when dealing with these characters.

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Complete the N244 for a set aside.

 

You will not be able to ask for the case to be struck out as the CCJ has been awarded.

 

I would advise you call Post Office Customer Services to verify the Non-delivery of your defence.


 

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Guest dvdriley

Getting close to MBNA going to court. Should i go with a defence of an unenforceable agreement as they can only produce an application and a concocted agreement with my name spelt wrong, or invalid dn giving me " 14 days from date of this notice " to pay

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Why not both?


I have no legal training, any knowledge I have has come from this forum, and my own experiences. Always balance up any advice you get with your own common sense.

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Did they terminate the account on the back of the defective DN?

If so why not add 'Unlawful Recission' to the list

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Guest dvdriley

I received a claim form in respect of an MBNA credit card. I sent cpr request to CL Finance and received no response. i incorrectly thouht if they didnt respond that was the end of the matter. judgement was entered against me. I have noe applied to have this set aside The hearing date is 26th Feb

 

I have sent a furthet cpr request to CLF but still no response.

 

The DN is all correct. The cca they sent is a photo copy of several pages stabled together with signatures from either party, although I suspect this was an internet app.

 

The t & c's refer to late payment fees of £25 but also stables is further t & c's refering to £12.00 late payment charges. Date of sgreement March 2006.

 

Do i have any legitimate defence

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Were the correct Cancellation Rights served: Distance Selling Regs.

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Guest dvdriley

unsure, since the dn i have received nothing other than the claim form

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Guest dvdriley

deby assigned to CLF on 22/1/09, should clf have sent a dn? just not sure where to start

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It's too late now to ask if you had read all the literature that came with the claim form........for anyone reading the thread in the future, always complete the Acknowledgment of Service, then refer to this thread -

 

http://www.consumeractiongroup.co.uk/forum/legal-issues/241827-legal-action-how-start.html

 

To be honest, if you think the agreement is compliant and the Default Notice is compliant then I cannot see how you can achieve a set aside.

 

However, please can you post up the agreement and the DN.

 

The reason I ask is that this CAGer defended against MBNA\Restons, it may be that your docs and circumstances are similar -

 

http://www.consumeractiongroup.co.uk/forum/dca-legal-successes/170484-fairbyblue-mbna-restons-court.html


 

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Guest dvdriley

sorry, i need to clarify more... the claim is for the full amount. i acknowledged the claim indicating that i would dispute the total claim. I sent cpr to to clf and got no response. I sent embarrassed defence to court who claim not to have received it dispite me sending proof from roysl mail that they did recieve it. therefore ccj entered. request to set aside as defence was sent. since sent further cpr to cl finance and still no response. court hearing date for application to be set aside on 26th feb. i dont want to waste your time scanning cca etc as they are ok but they have not / will not comply with cpr.and i therefore do not know what they are relying on

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Guest dvdriley

claim form from CL Finance re MBNA card. The cca is coorect for internet application and no faukts with dn however... the claim is for the full amount. i acknowledged the claim indicating that i would dispute the total claim. I sent cpr to to clf and got no response. I sent embarrassed defence to court who claim not to have received it dispite me sending proof from roysl mail that they did recieve it. therefore ccj entered. request to set aside as defence was sent. since sent further cpr to cl finance and still no response. court hearing date for application to be set aside on 26th feb. i dont want to waste your time scanning cca etc as they are ok but they have not / will not comply with cpr.and i therefore do not know what they are relying on

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I've pointed you to pt2537's post which clearly sets out what you need to do if you wish to dispute the claimants behaviour to CPR.

 

In my opinion, if the creditor produces the required docs in court, a Judge will be likely to award judgment to the creditor.

You really cannot expect a Judge to find otherwise......you could ask for an adjournment ........ and I'd expect the Judge would politely decline your request.

 

Please may I ask that you keep to one thread with a creditor as I've noticed that you have several threads running on this creditor -

 

http://www.consumeractiongroup.co.uk/forum/legal-issues/247988-clf-mbna-court-case.html

 

http://www.consumeractiongroup.co.uk/forum/legal-issues/236585-h-cohen-cl-finance.html

 

http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/227632-howard-cohen-cl-finance.html


 

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Guest dvdriley

OK, i have now read numerous threads and gone through the whole file again.

 

This debt was assigned to CL Finance in Feb 2009. I was originally making a regular payment to them until my circumstances changed and that stopped.

 

I have never received notice of assignment or dn from CL Finance. should i have done?

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Guest dvdriley

long story but i have a hearing this friday for a ccj set aside against dca for amex debt.

 

cpr request ignored twice

 

defective dn is now my defence. when do i send defence or do i just take it to court. claim form ewas issued and defence sent but due to variuos court cock ups and my cock ups nothing was received.

 

this is now a hearing for ccj set aside.

 

as i said dn defective due to only giving me 12 days, also debt assignment letter from dca not amex. should amex have sent one.

 

is it cheeky to ask someone to point me in the direction as to where i can find a defective dn defence template.

thanks

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Guest dvdriley

I have just keft a hearing for CCJ to be set aside that lasted 45 mins instead of allocated 15 mins. It is with regard to MBNA - HOWARD COHEN -MBNA.

 

Despite 3 requests the CPR was ignored, I believed that was my defence for set aside. How DJ said, no, I was at that stage to give a full defence of the claim. CL sols gave me a copy agreement and termination letter 5 mns before hearing. DJ said she has to be sure that I had an argument and a good chance of suceeding. What was I relying on. I thought that was unfair as I had to show my hand,

 

I replied I believed I had a 100% chance of succedding based on an invalid DN. For 10 mins she though I was talking about a CCJ default notice!!!

 

Then CL sols asked if i have not got a copy of the DN then how do i know it is faulty. I was stuck here.

Anyway its now been adjourned for me to serve full defence on other side and copy to court. I am ordered to also show which part of the CCA 1974 i AM RELYING ON AND ATTACH A COPY.

 

tHE dn sent to me ia for arrears and their claim ids for full amount owed,. thereofre they cannot issue a new one.

 

The DN is dated 9th Jan 2009, and remedy date is 26/1/09

 

My understanding is that for 1st class post receipt is assumed to be 2nd working day after posting......assuming it was posted the day of typing that means i would have got it on 13th Jan therefore it is not defective.

 

If it was sent 2nd class i would have got it till 15th Jan making it defective.

 

Does one presume they post it the day the letter is dated.

 

When the judge says well you had the DN all along , why wait for another what do i say.

 

How do i prepare alll this.

 

I THINK I CAN WIN THIS....PLEASE HELP

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Hi Dvd

 

I believe service days begin the day after posting so if the DN was posted 9th Jan which was a Friday then the 1st day of service would be 12th jan and service of 2nd class post would be 15th jan. Your first clear day would be 16th jan and the 14th day would be 29th jan.

If posted 1st class the 14th day would be 27th jan

 

Thats how I see it.

 

Also on the DN does it say remedy before 26th Jan or by the 26th Jan

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Guest dvdriley

It says remedy with payment of...............BY the 26th

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Well I think it is short on days to remedy ....

 

from section 88 of the CC act

 

 

Details of breach of agreement and action required to remedy, or pay compensation for, the breach

3

A specification of:--

(a) the provision of the agreement alleged to have been breached; and

(b) the nature of the alleged breach of the agreement, specifying clearly the matters complained of; and either

© if the breach is capable of remedy, what action is required to remedy it and the date, being a date [not less than fourteen days] after the date of service of the notice, before which that action is to be taken; or

(d) if the breach is not capable of remedy, the sum (if any) required to be paid as compensation for the breach and the date, being a date [not less than fourteen days] after the date of service of the notice, before which it is to be paid.

 

It doesnt say 14days from the date of service so I take it that date of service is not one of the clear days

 

I am happy to be corrected if my understanding is wrong :) I hope it isnt wrong though .....

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Hello Folks!

 

09/01/2009 Friday = DN Date, and assumed Date of Posting 1st Class.

 

+2 Working Days gives us a Date of Service of...

 

13/01/2009 Tuesday = Legal Date of Service.

 

The 14 full and clear Days that the Act demands starts on the next day, add +14 and we get...

 

27/01/2009 = Statutory 14 clear days.

 

If MBNA said you had to pay by, on or before 26/01/2009, then they are at least a day short, and the Notice is defective even when Posted via 1st Class.

 

It gets worse for them if they cannot prove 1st Class, or you have some other proof, such as a 2nd Class Envelope within which the Notice was sent, or a Barcode or Franking Date mark that might reveal that the Notice was posted later than the date on the Notice.

 

Such as, for example, if they didn't actually Post it until the following Monday, and their Franking Machine or the Royal Mail system added Monday's Date. In that case, Date of Service would be +2 Working Days from then.

 

The point being, if it has Monday's date on it, then irrespective of anything else, it was not Served and was clearly still in transit, further confirming that the very earliest you could have received it was Tuesday. Legal Date of Service would be Wednesday, i.e. +2 Working Days from Date of Posting.

 

Your next step is to read all the DN Threads, and make sure you fully understand the issues.

 

HTH

 

Cheers,

BRW

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Guest dvdriley

I am currently going through all threads but 3 things worry me about this DJ

 

1. She thought i was talking about a CCJ default and has no knowledge of CCA dn's

 

2. what happens when she says if you already had the DN why did you request another,

3. What if she says " well its only a couple of days out!!!!!

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Guest dvdriley

Banker... i do understand the issues but i dont know how to format my defence!!!

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