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    • Ok, so just been to see my friend, she still has her head firmly in the sand and had a pile of unopened post, thankfully nothing serious apart from this case!    In answer to your question it says N24 General Directions Order at the bottom of the page, then on page 2 where the line says "As a result of an order made on the 1 May 2024, this claim has been transferred to the county court at ##### (friends local court) " this is N271 Notice of transfer of proceedings.  Within the stack of letters I found 2 from Kearns Solicitors,    02-12-2022 Document pack with covering letter stating under the s78 CCA please see enclosed  1) A copy of the executed Credit Agreement, 2)  A copy of the terms & conditions 3) A copy of the varied terms & conditions applicable at termination / assignment, and  4) A statement regarding the conduct of your account as requested by s78(1)(a) to (c)  (Would you like me to describe the documents attached?)   18-02-2023 Generic letter asking for her to contact them to discuss settlement or they will take to court for further legal action. 
    • well you made the cardinal sin by phoning these scammers at least once so their persistence could go on. however you are new so there you go. you never ever ever phone any of these likes of scammers on these fake schemes that seem plausible.  just like a DCA chasing any old debt .. they are NOT BAILIFFS and have  ZERO legal powers to actually do anything. dx  
    • Okay understood now just based on personal experience how long does this go on for 
    • civil recovery schemes run by the likes of RLP DWF etc etc are a scam. totally IGNORE EVERYTHING. no if's or but's dx  
    • I’m 17 years old and Received 2 letters from dwf with my name spelt wrong and they are asking for for £230.40. I rang dwf civil recovery the first time upon taking advice from citizens advice to explain to delay to deadline as I was in the process of receiving advice which wasn’t much help. When that deadline was done I then called again to delay the deadline as I’m struggling financially and it’s lot of money they are asking for and I tried to dispute the cost to which they said okay we will delay it another 7 days for you to dispute the cost but I asked them how do I dispute this to you or Sainsbury’s and they said “we can’t advise you on this matter” I’ve read a lot of threads saying to ignore them but I was unsure now as I’ve made contact and have tried to dispute the payment and pay it which might mean I have admitted. Would they just persist harder and take me to court eventually or file for a ccj.   I would like to ignore them still but I would like to send a strong email so they know I’m clued up and then ignore them. I also want to pay the reasonable amount and get this matter solved. any advice on the law or similar situations are helpful when I called them I asked for an itemised bill. £101 stolen goods  ( supposedly caught me because they watched me on cctv over the duration of the week) also why did they not stop me in the first day. £20.40 recovered goods £150 security costs     Thank you 
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CL Finance / Howard Cohen - Help!!!


wakieblue
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The only way I see is going for them with a claim asking for a declaration under S172 (possibly S72 - I forget!) of CCA 74'?

 

That way the court declares it unenforcable and nobody can pursue

 

 

Thanks ncf355, how do I go about that?

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  • 2 months later...
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HELP!!!!!

 

I'm back again. Cohen's / CL Finance just won't go away!

 

After hearing nothing since I handed my defence in, I thought I should chase the case up. I contacted the court and basically the Judge hadn't even seen the defence - the clerk hadn't read through it and passed it up to the Judge!

 

Anyway, the Judge has obviously now read my defence, as waiting for me when I got home from work on Friday last week was a 'Notice of Allocation to the Fast Track', meaning that the Judge thinks there should be a hearing - not sure why as they didn't fully comply with the order.

 

In the same envelope I also received a 'Notice of Date for Returning Pre-Trial Checklist'. I've posted both documents up as I need some help - what do I do now? The first deadline date that I need to meet is 28th August, but I'm not sure what I need to do for this as I don't really understand the notice.

 

Some help would be really appreciated here, please?

Notice of Allocation to the Fast Track.pdf

Notice of Date for Returning Pre-Trial Checklist.pdf

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I have a feeling the Judge could be pushing HC to put up or shut up here.

By ordering disclosure (and payment of fees!) , he's effectively making them show YOU what they have. If they don't get valid paperwork to you and the court in time, they'll have NO case.

 

Fingers crossed for discontinuance....

 

But you have to fulfil your obligations here as well, make sur YOU do everything RIGHT.

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Thanks oneofakind, but I'm not really sure what I need to do. Firstly, what exactly do I need to provide by 28th August - what is "standard discovery to every other party by list" and do I have to provide whatever it is to the court, Cohen's and CL Finance?

 

Sorry if I seem to be a bit dense, but this is the first time I've had something actually be allocated to fast track and neither am I "legally minded"!

 

Thanks for any help that you or anyone else can give me.

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  • 2 weeks later...

Hi Bazaar, thanks for your post.

 

Can someone explain what the terms mean on the Notice:

 

1. "Each party shall give standard discovery to every other party by list." -

Is this a list of documents that each party is relying on in support of the case? If so, does this mean that I need to send something to the Court & CL / HC stating that I am relying on the defence that I've already submitted?

 

2. "The latest date for service of any request to inspect or for a copy of a document is 04 September 2009." -

Is this the last date that I can go to the court and ask to see / have a copy of any documents that the Claimant has submitted?

 

3. "Each party shall serve on every other party the witness statements of all witnesses of fact on whom he intends to rely". -

Not really sure what this is about. What 'witness statements'?

 

"There shall be simultaneous exchange of such statements no later than 25 September 2009." -

Again, not really sure what this is about. Presume it relates to the above point?

 

Sorry if I seem a bit dense here, but I'm not used to legal jargon or court procedures!

 

Thanks anyone.

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Bump.

 

My first deadline is this Friday. Do I need to submit anything at this stage? If so, is there a particular format that I should use?

 

I only have my amended defence as the document that I'm relying on (see post no. 145) - I haven't received anything else from CL / Cohen's (other than a 'statement of account' showing what I "owe" them). This was sent to the Court back in May).

 

I don't want to muck it up having got this far!

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You are in the same place as me - even the dates are the same. You need to disclose the documents that you will rely on using form N265. Send it to the claimant and the court. You don't need to include court correspondence on the list.

 

In my case, I have little to disclose other than my cpr correspondence with cohens as I have filed an embarrassed defence - I can't defend properly until the claimant discloses.

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My interpretation of the Notice of allocation is that each party i.e claimant and defendant shall send to the other party standard disclosure by list before the 28th August.

Then to follow, you must serve witness statements by the 25th September.

 

Note you need to remove the reference numbers from your attachments.

 

Regards

-

PLEASE NOTE - I am not a legal expert, my comments are based on information learnt or

obtained and from my own experiences.

-

Case 1 - C L Finance - Court Case 'Stayed' :-). Stay Lifted - N149 AQ Received & Filed. Case Struck Out :grin:

-

Case 2 - C L Finance - Defence Filed. N150 AQ Received & Filed. Case 'Settled by Consent' :)

-

Case 3 - EOS Solutions - No Agreement - Account Closed ~£3500. :grin:

-

Advice & opinions offered freely but informally, without prejudice & without liability.

Use your own judgment and seek advice from a qualified and insured professional if you have any doubts.

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Pre-trial checklist is to be completed by the 30th October.

-

PLEASE NOTE - I am not a legal expert, my comments are based on information learnt or

obtained and from my own experiences.

-

Case 1 - C L Finance - Court Case 'Stayed' :-). Stay Lifted - N149 AQ Received & Filed. Case Struck Out :grin:

-

Case 2 - C L Finance - Defence Filed. N150 AQ Received & Filed. Case 'Settled by Consent' :)

-

Case 3 - EOS Solutions - No Agreement - Account Closed ~£3500. :grin:

-

Advice & opinions offered freely but informally, without prejudice & without liability.

Use your own judgment and seek advice from a qualified and insured professional if you have any doubts.

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Have a read through page 3 of my thread you subbed to.

http://www.consumeractiongroup.co.uk/forum/legal-issues/184852-c-l-finance-ge-3.html

You will need the N265 form which you can download from the court website and then send guaranteed next day delivery tomorrow (Thursday) to arrive on Friday. (Send to Howard Cohen & Co.)

 

Regards.

 

Please could someone comment on my interpretation for the OP.

 

Regards.

-

PLEASE NOTE - I am not a legal expert, my comments are based on information learnt or

obtained and from my own experiences.

-

Case 1 - C L Finance - Court Case 'Stayed' :-). Stay Lifted - N149 AQ Received & Filed. Case Struck Out :grin:

-

Case 2 - C L Finance - Defence Filed. N150 AQ Received & Filed. Case 'Settled by Consent' :)

-

Case 3 - EOS Solutions - No Agreement - Account Closed ~£3500. :grin:

-

Advice & opinions offered freely but informally, without prejudice & without liability.

Use your own judgment and seek advice from a qualified and insured professional if you have any doubts.

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Seems ok.

Yes would need to be sent RM special delivery.

There are 2 services for this -before 1.00pm which costs about a fiver

or before 9.00am which is around £7.

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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Thank you all very much for your help with this.

 

I am pleased to report that I got a letter from Cohen's on Saturday stating:

 

"After further consideration, our client has decided not to pursue this matter."

 

They have attached the notice of discontinuance of proceedings.

 

As you can imagine, I'm a VERY HAPPY BUNNY!!!!!

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Congrats Wakieblue. I'd be tempted to go for wasted costs is I were you.

 

In my case, Cohen did eventually stump up an N265, but all they are disclosing is a limited set of statements and a notice of allocation. Fingers crossed they will see the light soon.

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Thanks very much everyone.

 

How do I go about claiming back "wasted costs"? Is there a standard set of rates that I would need to use to put my claim together?

 

I have had 2 cases with Cohen / CL that haven't actually got to court. My first one was struck out as they never sent in the AQ!

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Congrats WakieBlue,

 

I would definately contact the court to confirm it has been received.

 

Good luck with the costs.

 

Regards

-

PLEASE NOTE - I am not a legal expert, my comments are based on information learnt or

obtained and from my own experiences.

-

Case 1 - C L Finance - Court Case 'Stayed' :-). Stay Lifted - N149 AQ Received & Filed. Case Struck Out :grin:

-

Case 2 - C L Finance - Defence Filed. N150 AQ Received & Filed. Case 'Settled by Consent' :)

-

Case 3 - EOS Solutions - No Agreement - Account Closed ~£3500. :grin:

-

Advice & opinions offered freely but informally, without prejudice & without liability.

Use your own judgment and seek advice from a qualified and insured professional if you have any doubts.

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