curiodeb/Howard Cohen **Case Struck out**

[curiodeb]

Thanks Andy will do said phone call to court tomorrow. Let you know as soon as I know what they are intending to do.

 

Kind regards Debs

 

And well done Master Woody, result!!!!

[curiodeb]

Hi Andy. I spoke to the court and they said Claimants have filed an AQ but they are not actually obliged to send me a copy. Court is sending me a copy though and as soon as I have that will post it up. I explained about not receiving any paperwork from then and could not compile my defence but I was told it would be very unlikely that I could get a strike out. Any ideas?

 

Regards Debs

[master woody]

After the juge gets both your QA's back He\she will make an ORDER to the claiment to send you the required docs. YOU wait, they DONT send within the time set out in the court order

 

THEN you apply for a strike out.......becuse the claiment has refused to send you the required docs and had FAILED to comply with a court order.

 

until this point your just P****ing in the wind trying to get it stuck out

 

hope this helps

[curiodeb]

Cheers Master Woody, Judge will have both QA's as they were both sent in August. The recent communication from the court was that all parties to bring along papers and documents they wish to rely on and that a fee of £200+ pounds must be paid by the claimants but nothing with regard to an order to them, will they send me a copy of court of any order sent to claimants?

Many thanks

[AndyOrch]

Hi Debs

 

I assume 17th Nov is an Hearing date which as been set for the Court to set Directions considering this is SCT.The Court is not obliged to send you a copy but if you dont ask you dont get.The Claimants are expected to serve you a copy of their AQ as you did them, its courtious and expected known as file and serve.

At the hearing which will be quite short the Court will decide how to progress the case and if ness issue an order for them to comply with your requests.They will have to produce the docs to further their claim and will be ordered to disclose within a set time.As Master Woody states if they fail then you can rightly apply to have the case struck out.No orders have been given at this point but you will recieve if and when any are.SCT case are very restricted in the parties involved and the DJ who is proceeding the case will direct.

 

I trust the above clarifies.

 

Regards

 

Andy

[curiodeb]

Thanks Andy

 

Will post up their AQ when i have the copy. Not relishing the hearing at all, feels intimidating at the moment as it is my first time inside a court and don't really know what to expect. Will take it as I find it though and go with the flow as it were lol!

 

Regards debs

[AndyOrch]

Debs I wouldnt worry Its not like in films,Its a room with a table and chairs they dont wear wigs and black gowns either.Refer to them as Sir or madam and you will be fine they are only human beings at the end of the day.Look forward to seeing their AQ BTW

 

Andy:)

[curiodeb]

LOL! Yes i used to watch crown court as a child it must've scarred me hehe. Well yes is good to know is not so bad!!

 

Yes I am eager to see AQ too, be back on when it arrives...

many thanks again Andy, take care!

Regards Debs

[blind-as-a-bat]

Hmmm i may be wrong but that NoA looks like it was issued from HC sols not CL finance to me by the address on it, as far as i have been able to find out CL don't have an office in Cleckheaton, but HC sols do, and that post code is the same street according to google maps

 

Unless CL moved to batly after they sent it that is, but cant find any info of them moving either

 

Whether that means anything or is any use i dont know

[creditcardmug]

I think CL/Cohens/welcome finance are all part of the same group, but i may be wrong. Oh and i almost forgot Lewis are in there too!

[curiodeb]

Thanks blind and CCM, good point! NOA was at the bottom of a CL letter I received when my account suddenly switched from GE.

 

Regards Debs:)

[hammyhound]

I dont know if this will help but CL Finance Limited r/o Kingston House, Centre 27 Business Park, Woodhead Road, Birstall, Batley, WF17 9TD.

 

Cohens is in Cleckheaton

 

I know this from an old judgment I got. CL Finance bought the debt off GE Money

[blind-as-a-bat]

thats why it struck me as odd, im in the same scenario, GE money droped the alledged debt as soon as i questioned there responce to a CCA request, sold it to CL finance in Batly, who i have not had any comunication from at all, just letters from the sols HC in cleckheaton.

 

I cant find any connection, and as far as i cans see CL finance does, or has not had any office registered in Cleckheaton, but they seem to be acting as one company, in a way

[creditcardmug]

Batley/cleckheaton, there only a few miles apart, anyway they could be at the two ends of the earth and still be connected, i bet cohens have very few clients other than CL et al.

[master woody]

MMmmm i looked in this one...

 

Cohen have a nice web site sounding all legal....but on blance i think Cohen is a front for the DCA CL finance et al

 

oh i'm so scared best set up my DD now

[curiodeb]

Hi Andy!

 

Hope you are well?

 

I still have not received the AQ copy yet but what has arrived today is a court order to the claimants to pay the court fees of £300 by 4pm on the 12th or the case will be struck out!!

 

Kind regards Debs

[blind-as-a-bat]

I hope they havnt got the fee:D maybe there in financial dificulty:p

 

Keep my fingers crossed for you curiodeb:)

[creditcardmug]

I hope they havnt got the fee:D maybe there in financial dificulty:p

 

Keep my fingers crossed for you curiodeb:)

 

 

Ditto... Ill be watching this thread on the 12th:D

[curiodeb]

Cheers guys! Yes well, will be calling the court first thing on the morning of the 13th ! So here's hoping!!

Regards Debs

[blind-as-a-bat]

I would be calling them on the 12th at 3.55 myself:p

[AndyOrch]

Thats sounds promising Debs just keep us updated next week,

 

 

Regards

 

Andy:)

[AndyOrch]

Any news Debs? Dont let it slip by and miss the opportunity.

 

 

 

 

Regards

 

Andy

[curiodeb]

Hi Andy

 

Will know more tomorrow morning so as soon as I am back home will be on to let you know...fingers crossed!!

 

Regards Debs

[curiodeb]

Hi Andy and alll! Well I phoned court first thing and as I had hoped they didn't cough up the money so a strike out order being sent out today I was told I should have a copy tomorrow!

 

Don't know what will happen next but I was also told they could apply for a reinstatement later on but it would be unlikely based upon recent events so we shall see!!

 

A very happy curiodebs!!!

[AndyOrch]

Hi Debs

 

Excellent news and congrats I would agree very unlikely.Wait for a copy of the order and then you can celebrate properly.Well done!!!!

 

 

Regards

 

Andy