CCJ from CL finance (Howard Cohen)

[ski1382]

Sure coffeeangel has something similar to this going on

[ski1382]

Disregard the above, it was dizzyblonde1966, see if I can find the thread

[ski1382]

Found the thread, not a very long one and not a huge amount of detail given but I am sure if you ask her some questions she will be able to advise.

 

http://www.consumeractiongroup.co.uk/forum/legal-issues/219090-help-please-ammended-defence.html

 

Out of interest, has this hypothetical DN hypothetically appeared? That could be a terrible hypothetical fly in the ointment for Mr Cohen. Hypothetically.

[debtdebtdebt]

Ta,

I did recall seeing this, but couldnt recall who or what....LOL!!!

[debtdebtdebt]

Well hypothetically that may be so...or not, but more tangible and readily available evidence - my own Credit history indicate the default date - 8th September 2008...ooops!

Edited December 29, 2009 by debtdebtdebt
typo

[ski1382]

my own Credit history indicate the default date - 8th September 2008...ooops!

 

Oh dear, does Mr Cohen not agree with this date? Poor man.

[debtdebtdebt]

Request to Set Aside filed with court today, now waiting.

Anyone an idea how long I wait before I contact court for status update, or is this usually pretty swift?

 

thanks DDD

[blind-as-a-bat]

If it gets to the point you need to prove the default notice is false, give me a shout, (if you cant get me on here, try http://forums.moneysavingexpert.com, on the bankruptcy board), mine, or my OH's, is a few years after yours, but may help, and on that point, i have a feeling the wording is wrong, to add to there mistake, as that also changed whe the 7 days was increased to 14, but dont rely on that, would need to go back and check, but do a search on here, hard i know, forum search engines are useless, but you may find one closer to yours.

[debtdebtdebt]

blind-as-a-bat,

Thanks for the advice on that, I am just waiting now....apparently 14 days then I the Court if nothing..... Just have to wait and see.

 

Happy New Year to you (and all)... my first post of 2010!

[GhostDebt]

Happy new year DDD

 

Keep us posted

 

Regards

[citizenB]

If it gets to the point you need to prove the default notice is false, give me a shout, (if you cant get me on here, try MoneySavingExpert.com Forums, on the bankruptcy board), mine, or my OH's, is a few years after yours, but may help, and on that point, i have a feeling the wording is wrong, to add to there mistake, as that also changed whe the 7 days was increased to 14, but dont rely on that, would need to go back and check, but do a search on here, hard i know, forum search engines are useless, but you may find one closer to yours.

 

 

The 14 days to remedy came into force 19 December 2006 Prior to that it was 7 days. Obviously parliament thought the DN was significantly important enough to make this amendment.

[debtdebtdebt]

Requested and permitted the opportunity to file an ammended defence which has resulted in another hearing date.

To clarify do I need to completely re-submit the full defence with any ammendements and suppporting arguments documents etc, etc again to serve to both court + CL now?

Still have time...appreciate any help:)

[citizenB]

Requested and permitted the opportunity to file an ammended defence which has resulted in another hearing date.

To clarify do I need to completely re-submit the full defence with any ammendements and suppporting arguments documents etc, etc again to serve to both court + CL now?

Still have time...appreciate any help:)

 

I believe you just head up your new submission "Amended Defence" then put everything incuding anything you have already mentioned in it along with anything new.

 

Yes, you should submit all supporting documents. But check with the court whether they will serve the new defence on your behalf or whether you need to send the copy yourself.

 

If the court will do it, you need to give them an extra copy. If you do it then you will need to send it by SPECIAL DELIVERY.

[debtdebtdebt]

Let play devils avocate here....say the request is dismissed/denied.

Would I have any recourse to continue or take any further action?

[debtdebtdebt]

nudge or bump.... anyone?

Edited March 26, 2010 by debtdebtdebt
typo

[citizenB]

Let play devils avocate here....say the request is dismissed/denied.

Would I have any recourse to continue or take any further action?

 

 

Sorry, I dont understand, I thought you had been given permission to submit an amended defence already ?

[debtdebtdebt]

FINAL UPDATE

thanks to all those in forum land who helped and assisted. Towards the times when I really did need help I found myself flailing around libraraies CAB and other venues seeking the al important mythical advice to break these SOB's.

Several months after the whole sorry crock I received notification the claim settled awarded in favour Cowards, oh and while I am on that subject a rather cosy exchange took place before I was at my final appearance at court. Very very cosy....in fact HC had spoken to the judge and did not even bother to challenge or contest the evidence I submitted.

 

I am a lost wiser and lost more swuicthed on to the vagaries of these 'para-legal' organisations and thus will NOT be bitten again.

 

Its all behind me now the stress of this my impending job situation etc, etc, etc - that was it.......almost until.....I find myself rather keen to claw back all the money I paid into the so-called payment protection insurance that protected me against nothing!

It was the very crux of my pain and anxiety, obviously mis-sold nor did it do what it was sold to me as....so any advice on getting this started is most certainly welcome.

 

Sorry all it is not a tale of happiness and joy....more tribulation and woes