modimoe

[modimoe]

Is an agreement enforceable if it has a different account number on it from the one in the POC. Yet no notification of any change of account number or signed agreement with new number ever signed/produced. Also if no T&C's have been produced is the agreement enforceable. Especially as their reference refers to T&C's which clearly dont' apply:madgrin:

[rebel11]

Hi mod

 

the guys will respond shortly, is MBNA the credit card company?

[modimoe]

hi there,

 

No, it was GE/Santander but now CL/ Howard Cohen. Preparing my witness statement which has to be in today.

 

M

[rebel11]

I've come across this thread it might have some useful info:-

 

I know that with some creditors the account number changes after the account has been closed this might be the case here, a SAR Request might throw up

the information to back this up. I see no reason why you can't mention that it's got the wrong account number.

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?239785-Howard-Cohen-backtrack-and-admit-reconstructed-DN-**WON**/page9

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?237134-Mrs-Ski-vs-Howard-Cohen-CL-Finance&p=2905313&viewfull=1

[rebel11]

Format of the witness statement

 

The top right hand corner of the first page should contain:

 

·The party on whose behalf the statement is made;

 

·The initials and surname of the witness;

 

·The number of the statement in relation to that witness, e.g. 1st, 2nd, etc.

 

·The identifying initials and number of each exhibit referred to in the statement. For example, if it is the witness’s first statement and it refers to three exhibits, these should be referred to as “ABC1” to “ABC3”. In a subsequent witness statement in the same proceedings, further exhibits would start at “ABC4”;

 

·The date the statement was made.

 

The witness statement should be headed with the title of the proceedings.

 

The witness statement should:

 

·Be produced on good quality A4 paper with a 3.5cm margin;

 

·Be fully legible and should normally be typed on one side of the paper only;

 

·Be bound securely in a manner which would not hamper filing;

 

·Have consecutively numbered pages;

 

·Be divided into numbered paragraphs;

 

·Have all numbers, including dates, expressed in figures; and

 

·Give the reference to any document or documents mentioned either in the margin or in bold text in the body of the statement, for example [at page14 “ABC1”]

 

It is usually convenient for a witness statement to follow the chronological sequence of the events or matters dealt with. Each paragraph of a witness statement should as far as possible be confined to a distinct portion of the subject.

 

Content of the witness statement

 

·The witness statement must, if practicable, be in the witness’s own words and should be expressed in the first person;

 

·The first paragraph generally sets out the “who, what and why” of the statement maker:

 

oWho the witness is – name, residential address (or business address if he is making the statement in a business or professional capacity, together with the position held and the name of his firm or employer)

 

oWhat the witness’s connection with the proceedings is

 

oWhy the witness is making the statement;

 

·Witness statements should deal with facts known to the witness. To demonstrate that this is the case, words such as: “Save where I indicate to the contrary, the matters set out in this witness statement are known to me personally.” Where a fact is not within the direct knowledge of the witness, it can be included but should be preceded by, for example “I am informed by [ ] and believe that ...”.It is important to state the source of any matters or information or belief;

 

·Witness statements in support of or in opposition to an interim application should contain only facts relevant to that application;

 

·Witness statements of lay witnesses should not contain legal argument. If it is necessary to refer to the legal position, a phrase such as “I am informed by my solicitor and believe that ...” maybe used;

 

·Witness statements must contain a statement that the witness believes the facts in it are true;

 

·Witness statements should be signed and dated.

 

 

Exhibits

 

Documents referred to in a witness statement should be produced to and verified by the witness and remain separate from the witness statement.

 

Copies of individual letters should be collected together and exhibited in a bundle or bundles. They should be arranged in chronological order with the earliest at the top.

 

Each exhibit should have a front page attached identifying its exhibit number and details of the statement to which it is exhibited.

 

The top right hand corner of the exhibit sheet should contain:

 

·The party on whose behalf the statement is made;

 

·The initials and surname of the witness;

 

·The number of the statement in relation to that witness, e.g. 1st, 2nd, etc.

 

·The identifying initials and number of each exhibit referred to in the statement. For example, if it is the witness’s first statement and it refers to three exhibits, these should be referred to as “ABC1” to “ABC3”. In a subsequent witness statement in the same proceedings, further exhibits would start at “ABC4”;

 

·The date the statement was made.

 

The exhibit sheet should be headed with the title of the proceedings. A centre-heading should state the exhibit number.

[modimoe]

Hi,

 

Thank you for that it is extremely useful as very little on web.

 

The original agreement which they have produced has a completely different account number on to the one in the POC. They say that in 2000 I reported card stolen by phone (a total lie) and a new account was issued. But surely, if you lose your card you don't get a new account number - just a new card and therefore they have an unenforceable agreement as cannot produce an agreement with the account number in the POC.

By the way they monitor this site their barrister at my last hearing told me! So I don't mind if you want to block some of the info on this as even she was at a bit of a loss and it was only adjourned for T&C's to be produced (still not got them) and my witness statement.

Thanks

M

[rebel11]

Hi modi

 

Lets us know how you get on. Were happy to share our knowledge, as long as it helps people.

 

Creditors, DCA's and solicitors don't play fair, there are numerous examples.

[citizenB]

If they are saying that you reported a card stolen they should have a record of it. Perhaps you should ask them for proof of this.

[modimoe]

Hi,

 

I asked them for proof of this they have provided none. they just say I phoned GE which is a lie.

M

[rebel11]

Hi modi

 

You need to send a SAR Request with £10, they have 40 days to respond, to provide all the data they hold on your account. They will send you data for the last six years. It will also include all phone contact.

 

http://www.consumeractiongroup.co.uk/forum/content.php?552-Data-Protection

[babybear39]

When a card is lost/stolen you DO get a new card AND a new account number.

[babybear39]

Oh and use CPR for disclosure it's much quicker seeing as they've already instigated legal action

[citizenB]

When a card is lost/stolen you DO get a new card AND a new account number.

 

This is true. No point in allowing you to keep an account number if it has been compromised !

[babybear39]

What date was the account CLOSED?

[babybear39]

This is true. No point in allowing you to keep an account number if it has been compromised !

 

Yep. I can assure you that the bank/card company do this. I've issued many emergency one's myself to customers stuck overseas without their cards.

[modimoe]

the card was never reported lost or stolen. they say I phoned in 2000 to report this, which is untrue I have never reported a card lost or stolen. Ten years ago they changed the account so they will not have this information. I think that it is a ruse as they issued new cards/account numbers as they changed their billing structures. I have never signed an agreement with this account number or received new terms and conditions. They have been asked under a CPR and can only produce the old agreement no T&C's and have supplied only a copy of a default and assignment. Only a partial statement summary too.