Jump to content


  • Tweets

  • Posts

    • going nowhere then. well if you've not been simply doing it to look the big cheese to your mates, you need to address why you are doing it. if its to impress your mates then simply stop being an idiot eh? , learn from it and go live your life . dx
    • Yes only with dwf. The first letter I received was explaining that I have not responded to the first letter they sent which I did not receive at all  then the second letter came, they said again saying we have not heard from you we are extending this another 14 days but at that point a couple of days before I called them on the phone saying I have received this and supposedly i owe money for stolen goods and that I need to see the breakdown which they then emailed to me dwf said this was what we were trying to send to you at first and I told them we have not received your first letter only one asking for demand of payment. On my second call to them I asked can you list the things that I have supposedly stole to which they replied “we normally have this on file but I can’t seem to find this on your file”   
    • oh well, at least your eign of terror is over now. so no contact directly since from/to sainsbury's. everything since has only been with DWF?
    • Replying to above  this was on the day that two store detectives approached me and my friend and took us into the back room and spoke to us when they explained they have been watching
    • as my learned friend above...and.. sadly because just like DCA's and initially yourself in this case, you believed they have some magical powers ...they DON'T. 85% of people blindly pay DCA's cause they know no better and think they are BAILIFFS. only the RETAILER can ever do court and none have done this on a silly member of joe public that did something stupid since the infamous 2012 Oxford case on retail loss. BAILIFFS can only ever be involved after you've been to court and lost a CCJ, fat chance re above... and anyway, no BAILIFF has any right of forced entry anyway on consumer debts even with a judgement so......... stop panicking and thinking everything that doesn't apply.. forget about them but p'haps a confidential GP visit might be a very good move... what slightly concerns me more here is:  who are 'them' that told you they'd reviewed a week of CCTV and come up with several shoplifting instances over that time amounting to the above? have you directly contacted or had contact from Sainsbury's? and know they HAVE done this? or is this DWF willy waving and they tricked you into  admitting several previous successful thefts... this is not the norm...  dx      
  • Recommended Topics

  • Our picks

    • If you are buying a used car – you need to read this survival guide.
      • 1 reply
    • Hello,

      On 15/1/24 booked appointment with Big Motoring World (BMW) to view a mini on 17/1/24 at 8pm at their Enfield dealership.  

      Car was dirty and test drive was two circuits of roundabout on entry to the showroom.  Was p/x my car and rushed by sales exec and a manager into buying the mini and a 3yr warranty that night, sale all wrapped up by 10pm.  They strongly advised me taking warranty out on car that age (2017) and confirmed it was honoured at over 500 UK registered garages.

      The next day, 18/1/24 noticed amber engine warning light on dashboard , immediately phoned BMW aftercare team to ask for it to be investigated asap at nearest garage to me. After 15 mins on hold was told only their 5 service centres across the UK can deal with car issues with earliest date for inspection in March ! Said I’m not happy with that given what sales team advised or driving car. Told an amber warning light only advisory so to drive with caution and call back when light goes red.

      I’m not happy to do this, drive the car or with the after care experience (a sign of further stresses to come) so want a refund and to return the car asap.

      Please can you advise what I need to do today to get this done. 
       

      Many thanks 
      • 81 replies
    • Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
      • 161 replies
    • We have finally managed to obtain the transcript of this case.

      The judge's reasoning is very useful and will certainly be helpful in any other cases relating to third-party rights where the customer has contracted with the courier company by using a broker.
      This is generally speaking the problem with using PackLink who are domiciled in Spain and very conveniently out of reach of the British justice system.

      Frankly I don't think that is any accident.

      One of the points that the judge made was that the customers contract with the broker specifically refers to the courier – and it is clear that the courier knows that they are acting for a third party. There is no need to name the third party. They just have to be recognisably part of a class of person – such as a sender or a recipient of the parcel.

      Please note that a recent case against UPS failed on exactly the same issue with the judge held that the Contracts (Rights of Third Parties) Act 1999 did not apply.

      We will be getting that transcript very soon. We will look at it and we will understand how the judge made such catastrophic mistakes. It was a very poor judgement.
      We will be recommending that people do include this adverse judgement in their bundle so that when they go to county court the judge will see both sides and see the arguments against this adverse judgement.
      Also, we will be to demonstrate to the judge that we are fair-minded and that we don't mind bringing everything to the attention of the judge even if it is against our own interests.
      This is good ethical practice.

      It would be very nice if the parcel delivery companies – including EVRi – practised this kind of thing as well.

       

      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
        • Like
  • Recommended Topics

CL Finance / Howard Cohen - Help!!!


wakieblue
style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 5361 days.

If you need to add something to this thread then

 

Please click the "Report " link

 

at the bottom of one of the posts.

 

If you want to post a new story then

Please

Start your own new thread

That way you will attract more attention to your story and get more visitors and more help 

 

Thanks

Recommended Posts

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?

Link to post
Share on other sites

  • 2 months later...
  • Replies 176
  • Created
  • Last Reply

Top Posters In This Topic

Top Posters In This Topic

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

Link to post
Share on other sites

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.

Link to post
Share on other sites

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.

Link to post
Share on other sites

  • 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.

Link to post
Share on other sites

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!

Link to post
Share on other sites

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.

Link to post
Share on other sites

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.

Link to post
Share on other sites

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.

Link to post
Share on other sites

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.

Link to post
Share on other sites

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.

 

 

Link to post
Share on other sites

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!!!!!

  • Haha 1
Link to post
Share on other sites

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.

Link to post
Share on other sites

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!

Link to post
Share on other sites

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.

Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...