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curiodeb/Howard Cohen **Case Struck out**


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Have a happy and prosperous 2013 by avoiiding Payday loans. If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.Before you decide,consider the users here who have already offered help and support.

Advice offered by Martin3030 is not supported by any legal training or qualification.Members are advised to use the services of fully insured legal professionals when needed.

 

 

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Thanks Martin

 

 

 

 

Regards

 

Andy

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHER

 

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Thanks Martin!

 

I am keeping my celebrations at bay until the order comes through and will post up when have it in my hand but in the meantime want to say a huge thank you to all who contributed to this post...in particular Andy...without your great support and excellent advice would not have reached this point without a nervous breakdown!! So my utmost gratitude to all :)

 

Kind regards

Debs x

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Debs

 

You may wish to apply for wasted costs order when the dust as settled should you want help just post.£9.25 ph for L I P so give it some consideration.Would pay for the party:D:D

 

 

Kindest Regards

 

Andy:)

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Morning Debs I trust you slept well

 

I have been mulling your situation over night and feel that to cover all bases and make the struck out order absolute (incase they do try to come back and have another bite of the cherry) I would advise you (on reciept of the order) to make an application (N244) without hearing and at no cost to you.

 

I would suggest somthing along the following lines

 

In the light of the order of Judge ???? dated ??/??/?? striking out the statement of case of the Claimant, I hereby apply for judgement to be entered against the Claimant.

 

I further apply for defence costs under CPR 27.14(2) of £??.??, which is calculated as follows:

 

 

 

Costs under CPR 27.14(2)(g)

 

I also respectfully ask the court to award costs of £?.?? due to the claimant's unreasonable behaviour in issuing a claim without following pre-action protocols, and their subsequent failure to provide evidence to substantiate their case. I estimate that it has taken me ?? hours to research and prepare my response to their action @ £9.25 per hour, which is a total of £??.??, plus £?.?? which I estimate I have spent on postage, printing and stationery.

 

 

 

He may agree these, he may not - but if you don't ask, you don't get!

 

 

Let me know your thoughts

 

 

 

Regards

 

Andy;)

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHER

 

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Hi Andy! Well I slept better thank you but will sleep even better tonight, have the strike out order in my hand hoorahhhh!!;):D

 

Yes that sounds a good idea, I can but try to get some costs back at least so thank you for that! I know this may sound daft but if they don't come back at me with this do I take it they have written it off?

 

Thanks also blind-as-a-bat yes lets hope it is a trend for all concerned. Thier business conduct leaves a lot to be desired anyway.

 

Kind regards even happier curiodeb! ;)

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Hi Debs

 

Thats why i have advocated making the application so that they cant come back.By making the application you are in effect seeking Judgement against the Claimant and making the Strike Out watertight.The costs part is only an extra request as implied.

I have known for claims to resurface and the debt not be written off by making the above you will secure said outcome does not prevail.

 

I trust that explains my post

 

Regards

 

Andy

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHER

 

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Yes that's great thanks Andy! Well I will prepare the request and post tomorrow, should I send copy to Cohen? If I am lucky enough to be awarded costs I will be donating half of it to the CAG, afterall if it wasn't for this site and your help wouldn't have reached this conclusion!

 

Many thanks, Debs ;)

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Hi Debs

 

No need to send a copy to Cohen just get the application into your Court.

 

 

Andy

  • Haha 1

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHER

 

Have we helped you ...?         Please Donate button to the Consumer Action Group - The National Consumer Service

If you want advice on your Topic please PM me a link to your thread

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  • 1 month later...

Hi Andy & All!

 

Well here's said update...I sent the application for judgement against claimant and for some expenses & costs etc. Today I received a date for a hearing on 6th February!!!

 

Kind regards Debs

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  • 2 weeks later...

subbing! well done...:D

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HSBC - No CCA - In Court:eek:

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