CL Finance / Howard Cohen - Help!!!

[wakieblue]

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?

[wakieblue]

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

[Gazza112]

subbing

[oneofakind]

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.

[wakieblue]

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.

[bazaar]

WB calm down, the Judge appears to be setting dates for the other side to disclose documents that they will rely on. If they fail, you cannot possibly add to your defense.

[wakieblue]

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.

[wakieblue]

Anyone?

[wakieblue]

Bump

[wakieblue]

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!

[littlebert8]

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.

[postggj]

which cohen will not do

 

wait for the letter saying he has given up

[littlebert8]

Ignore - double posted. "smart" phone? My ar...

Edited August 26, 2009 by littlebert8
double post

[GhostDebt]

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

[GhostDebt]

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

[GhostDebt]

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.

[MARTIN3030]

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.

[wakieblue]

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!!!!!

[bazaar]

Very well done, Now how about a wasted costs order just to kick em in the pants one last time:D

[postggj]

brill

as usual cohen with draws at the last moment

does not like cpr does he

 

sting the cretin for max costs

 

30 hours at 9.25 an hour

milage 40 p per mile

 

etc etc

[Gazza112]

Fantastic News Wakieblue, as stated now hit thwem with wasted costs.

I'm still fighting Howard Cohen/CL Finance with my case, will let you know how it gets on.

 

Gaz

[littlebert8]

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.

[DonkeyB]

Great news. In the meantime, check with the court that they have actually received the Notice of Discontinuation. If they haven't be prepared to fax them your copy.

[wakieblue]

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!

[GhostDebt]

Congrats WakieBlue,

 

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

 

Good luck with the costs.

 

Regards