thanks guys! had an email from cohen's with the application for adjournment attached. have a telephone conference on Friday for the court to decide whether to grant the adjournment-any ideas on this?

Well the default notice is a bonus! no letter before action is another bonus! their Barrister said a strange thing via email today-they were applying for an adjournment but that I should attend on the 3rd in case they dont get one, or in case the judge hasnt looked at it in time. What should i do if this is the case-they havent submitted a bundle to me or the court and should have done so by today. if the case goes ahead what do i then do? also an adjournment will allow me time to beef up my witness statement so i really dont want to submit it if i dont have to yet. interestingly enough the court order does not ask me to send anything to the court at all-only the claimant. should i be worried? anyone point me to a good bit to use in my witness statement about the dodgy DN and the legislation they have failed to comply with

Since becoming an avid fan of this forum I have noticed that CL Finance/Howard Cohen seem to be very busy!! they instigated court action in my case without a letter before action. i have complained as suggested in numerous other threads, as suggested to the senior partner but guess what-no response!! has anyone managed to get a response out of them or taken the lack of response to the next level?

Cohens wrote to me today via email, they are going to request an adjournment as they wont have time to prepare witness statement andsubmit bundle to court, as hearing is in a week. i agreed this as to be honest, it will suit me to get more prepared. default http://i702.photobucket.com/albums/ww28/corbeta/scan0002.jpg http://i702.photobucket.com/albums/ww28/corbeta/scan0003.jpg notice wont scan well but have a look...if i didnt receive a formal demand after this default notice does this mean they have failed to comply with their own course of action? did anyone pick up the points about the acount numbers changing

well that was my thinking caro, however there seems to be an increasing trend that judgments are being awarded that fly in the face of the CCA, which is my biggest concern. i am in court on the third (feb) but still have no bundle or witness statement from Cohens, because i guess of the mess up with me not receiving the initial letter from the court. whats more, they have sent me some paperwork in response to my CPR request and i need some advice on the following: Application form relates to old student barclaycard. terms and conditions they have supplied are a seperate sheet and undated. I applied for this in 1997, however statements date from 2002, for what is a normal barclaycard, not a student one. whats more interesting is that the account numbers change twice between 2002 and 2008-is this a valid point to use. further, the default notice says if action is not taken in respect of breach then debt will become payable in full. if the debt is not paid in full we may pass to DCA or take legal action. does this mean that thye should have issued some kind of termination notice before passing the debt on? (even though they shouldnt have anyway as they were in breach of a CCA request)

Unscanned copy is not much better. under the barcode is fuzzy black on all copies. the bottom bit for bank use only is the bit they fill in in branch about ID and stuff, but the barclays signatory bit is also black and fuzzy. they have sent me a terms and conditions sheet, that is nothing to do with the credit agreement and is undated i cant find any prescribed terms anywhere in the document, mainly cause its illegible!

http://i702.photobucket.com/albums/ww28/corbeta/scan0001.jpg blanked out version

ok, will do

any good now?

signed up but no idea how i get this image from photobucket onto here! i am rubbish with computers:(

any better?

should be attached application form

Thanks for bringing me back down guys. right try to be logical: 1.Defaulted around 2006 on Barclaycard 2.paid reduced payments until late 2006 when i could no longer afford what they asked 3.offered what i could afford they said no 4. in response i sent CCA request by recorded delivery in Feb 2007. they ignored it and debt became unenforcable on 25th march 2007 5. 27th March 2007 they claim they sent default notice which i didnt receive-Cohens provided me with a copy this month 6. no contact from anyone until 4th April 2008 when I had a letter, dated 3rd stating debt had been transfered on 31st March and that they had instigated legal action 7. court papers arrived few days later, i sent acknowledgement and again asked cohens for Credit agreement. (verbally though on the phone-silly me) 8. several calls later still no Credit agreement so filed defense on grounds that 1) not entitled to take me to court as Barclays had not complied with CCA, 2) No default ever received, 3) given that i had not had sight of credit agreement didnt know if it was enforcable, this was in May 2008 completed allocation questionaire-case transfered to local court. asked for claimant to produce credit agreement in directions 9. District Judge kindly issued stay until credit agreement provided 10. they found a microfiche copy of application form in September and submitted to court-judge unstayed action and set a date for hearing(which i didnt find out until January as i didnt receive the letter, but court says as it wasnt returned they deem it to have been served) 11. Cohen's ask for disclosure statement on 5th January by letter-which i have since sent 12. sent CPR request by recorded delivery shortly after as my application form is illegible 13. still no reply. 14. now need to do witness statement to exchange, although they wont confirm a date for theirs to be ready. 15. need to know what to do next: court hearing is on 3rd Feb, 2 hours allocated currently in fast track. should my witness statement essentially be a statement of facts plus skeleton argument and submissions, and do i have to send a bundle to the court. should i apply to vary my defense as it was very basic and apply for an adjournment to prepare, or just go with what i have got currently managed to scan the application but dont know how to upload it-can anyone help with this?

hi guys. my scanner has given up the ghost hence the lack of uploaded documents, but its getting really close and i am beginning to think i have really messed this up. keep reading the new threads-boy CL/Cohens are a busy bunch at the moment!! but here is my quandry. Just dug out a copy of the defense i submitted before i found you guys, and looking at it in retrospect its pants. Firstly i denied ever receving a default notice which allowed them to start Court action. secondly i argued that the alleged debt of 8k plus was not persuable as the creditor had failed to action my CCA REQUEST issued to them in Feb 2007 and therefore the debt became unenforcable and they committed an offence on 25th March 2007, and had since failed to comply so could not legally take the action that they were taking. (incedentally they also claim they issued a default notice two days after this on 27th March 2007) i then went on to say there were to my beleif excessive charges on the account and since they had failed to comply with my CCA request I didnt know that even if they did have an agreement whether it would be enforcable through the county court. pants I know, but the judge ordered that action would be stayed until 14 days after the claimant served a copy of the "executed credit agreement" on me. they sent me some illegible rubbish marked application form in September this year(action was instigated in April) and i heard no more until Jan this year when they said I had not filed my disclosure statement. I contacted the court and was told hearing-fast track 3rd Feb @ 11am. i wrote to the court asking for adjournment as i had not received their correspondence. they sent a form and told me if i wanted to apply to complete and pay £75. I have since submitted my disclosure statement to cohen's a cpr request and a complaint about no letter before action being issued. sorry for the ramblings but i have some urgent questions: can i submit a witness statement, like the detailed ones on here in view of my rubbish defense? if not is it too late to ammend it? given that the judge ordered executed credit agreement but is oroceeding on an application form does that mean I am stuffed even before the hearing as he considers they are both one and the same thing? should i be seeking an adjournment to sort this mess out so I dont look like an idiot in court and annoy the DJ, given that cohens wont give me the stuff i really need to prepare? Cohens have not submitted their witness statement to me or a bundle, should they have? any idea how i can get my docs on here without a scanner any help really appreciated as the stress is setting in and with the day job i dont have as much time as i need to prepare properly thanks all

Capquest did the same to me on behalf of JD williams. I submitted defense, completed allocation questionaire to which they never responded as they could not get an executed agreement, cause there wasnt one in the first place!!! Promptly transfered debt back to JD Williams(part of home shopping) and not heard anything since. make sure that you follow the advice on here if an AQ ever turns up, cause you can get the judge to order production of these documents before it goes any further. The guys and site team on here are really helpful

thanks Bazaar Do I need so many posts before i can use Photo bucket? i could probably post it in its existing state and no-one would be able to see my details its that bad, but i need to make a copy before i black out the black lol if i post it tom do you think someone would have a look? there are some brill threads that I have been reading but would like an experienced eye cast over it if possible. Everyone on here is great!!

subbing- seems like I am at a simmilar stage to you, only never got the court notification to tell me when the hearing date was-found out from Cohen and Co solicitors!!

Hi all posted a thread a little while back. In court on 3rd Feb but only found out about it after a letter from Cohen's asking for my Disclosure statement! I have written to the court and asked for a 4 week ajournment, basically throwing myself on their mercy and asking if i can now submit disclosure. I also replied to the letter from Cohen's by email contacting the Barrister in question and it's all gone deadly silent. the application form they have provided from 1997 is illegible and they wont comply with my cpr request and now the Barrister wont take my calls. the default notice they said they issued is dated 27th March 2008, yet they filed the CCJ application on 3rd April-I dont think they gave me my 2 weeks, even if they did send it, which they didnt as the last correspondence was a CCA request sent by me in Feb 2008, which they ignored! about £1000 charges on the account but statements now show a nil balance as of around FEb 2008. No statements held aparently from 1997-2002, which is hte first one they claim they hold i dont know how to compile a submission in my defence, a bundle or whether i am stuck with my my original grounds of defence (not enforcible no agreement,)seeing as they eventually(sept) produced an illegible copy of a 1997 application form. also dont know when things have to be served!! Picked up some caselow from reading threads but Wish I ihad found this site at the start i really need some help as to where I go from here, if I get a CCJ it could well effect my job!! please can anyone help-sorry if this is all a jumbled mess:!:!!

thats what i did when they did this to me. Judge ordered a stay until they produced credit agreement, they then produced an illegible application form! keep a look in on my thread and vice versa-we should get some advice from the stirling guys on here

fast track hearing-thats all i know so far. I would be ok if it were immigration but not consumer!!

quite a bit but it centred on them not producing a valid credit agreement, the debt being unenforceable when it was sold to them as they had failed to comply with my cca request. Judge ordered a stay until they produced a document marked application form but with all the small print illegible. that was dated 1997. nothing further from them, except an unsigned default which was issued in March 2007, apparently. which i fefinately didnt receive.

i will attempt to but im not joking when i say it is virtually illegible. how do i do it?

thank you!!

Hello all yet another greatful person using this site as my bible, however this is the first thread i have posted. i am off to court on 3rd Feb -me-v-howard cohen and co. can anyone offer me some basic advice about what do do, and what not to do. Its fast track as its 5k plus. all i have from this is partial statements and a copy of my application form which is virtuall illegible!! any help greatfull received as I am now getting very scared about all this thanks for any advice A