howard cohen - help needed with court docs **DISCONTINUED**

[vjohn82]

Have you received the Notice of Assignment too?

[kimberley6]

Thanks for that vjohn82.

[hungrybear]

Doesn't say 1st or 2nd,just cost 50p for A4 letter.

 

 

First class would be deemed delivered Tuesday under section 7 of the interpretations act 1978 which is the applicable law - 2 working days and saturday dont count!

[hungrybear]

Guests can either be a "true" guest or the search engine optimisation working it's way through key phrases.

 

 

....or untrue guests:eek:.

 

- search engine is amazing though I googled a term and the top answer was a cag post 20 mins before!

[vjohn82]

....or untrue guests:eek:.

 

- search engine is amazing though I googled a term and the top answer was a cag post 20 mins before!

 

Well dishonest guest is better ;-)

[postggj]

I Can Confirm Also

 

Sat Delievery Is Not Guaranteed

 

That Along With The Letter Saying Cohen Has A Judgement,

 

Would Not Like To Be In Cohen Shoes

 

I Would Love To Be A Fly On The Wall In Court With This

[postggj]

Doesn't say 1st or 2nd,just cost 50p for A4 letter.

 

 

CAN YOU POST UP THAT POST MARK

 

50 P WOULD BE SECOND CLASS

[hungrybear]

CAN YOU POST UP THAT POST MARK

 

50 P WOULD BE SECOND CLASS

 

 

I make it - to be fussy 47p second; 61p first. Which I would assume is a 2nd class franking machine issue.

 

Which would make it perfectly legal to not get it until Thursday.

 

BUT

 

Are we not missing the major point and distracting Janice from the fact that there is no enforceable agreement? And dont we actually want it dealt with on Wednesday but just to have the I only just got their documents, here's the envelope, to further turn the screw. If we get too clever there is a danger of a stay, esp. with the wrong trainee junior deputy judge.

 

- a legal scenario for you Kim, they give you some money - as in gift - they then decide that they want it back and so they fill out a form but you say no thanks I'm happy with the gift thanks very much and dont sign the paperwork. Get the legal situation?

[postggj]

How About Asking The Judge To Throw It Out For Not Complying With Directions On Cohens Part

 

I Agrre That Another Stay Is Not A Good Idea

[kimberley6]

thanks for your help guys.

[kimberley6]

Will go through all this tomorrow,and get myself ready for wednesday.

Hope you are all on tomorrow.

Thanks.

[hungrybear]

How About Asking The Judge To Throw It Out For Not Complying With Directions On Cohens Part

 

I Agrre That Another Stay Is Not A Good Idea

 

 

cpr 3.4.2 would be good to bring to the attention of the court I agree

[hungrybear]

Will go through all this tomorrow,and get myself ready for wednesday.

Hope you are all on tomorrow.

Thanks.

 

 

we'll be here, best to get a good sleep then go through it

[shabz25]

Hi, Kimberly, If there is no signed agreement then they have no case, most of the time Cowards don't even attend. If there is not agreement then that can be considered a gift but all depends on the Judge. Most likely the judge has to see the facts, and that is your other half hasn't agreed to anything so there is not contract between the 2. Just remember kimberly that they are costing themselves more money and time, maybe they will become heavily in debt themselves if they keep loosing or not bothering to get their facts straight. I received the court documents from cowards after the deadline but still the case is in court this coming Monday. Make sure you have enough amunition and that you discredit every point they have raised in their defence. go fully prepared and list all the facts so that your nerves do not get the better of you once you are in court.If you have a copy of the defence then post it here.

Regards

Shabz

[citizenB]

Cohens have come up trumps again.

They sent their witness statement today,two days before the court date.

They have sent a copy of the unsigned agreement.

A thought crossed my mind today.

If they have not got a signed agreement,can I ask for all the payments back,or am I being to cocky.

And should there be seperate terms and conditions for the PPI.

 

It is my understanding that there should be separate terms and conditions for PPI..

 

I have read somewhere on the forum that if no signed agreement,the account is deemed a gift.

Am I right?

 

This is correct, this is the statement ..

 

 

 

18. Should the issue arise where the claimant seeks to rely upon the fact that they can show that the defendant has had benefit of the monies and therefore the defendant is liable, I refer to and draw the courts attention to the judgment of Sir Andrew Morritt in the case of Wilson v First County Trust Ltd - [2001] 3 All ER 229, [2001] EWCA Civ 633 in the Court of Appeal

 

at para 26

 

 

"In effect, the creditor--by failing to ensure that he obtained a document signed by the debtor which contained all the prescribed terms--must (in the light of the provisions in ss 65(1) and 127(3) of the 1974 Act) be taken to have made a voluntary disposition, or gift, of the loan moneys to the debtor. The creditor had chosen to part with the moneys in circumstances in which it was never entitled to have them repaid;"

 

 

Why can they not see the agreement is not signed by my other half.

Why go to court with an unsigned agreement,am I missing something?

 

Because they are arrogant **expletive deleted**

 

Good luck for tomorrow, Kimberly

Edited December 15, 2009 by citizenB
removed font format commands

[kimberley6]

Thanks for all your help shabz25 and citizenB.

Really appreciate everybody who as helped on this thread.

[texanbar]

Good luck Kimberley

x:)x

[kimberley6]

Thanks texanbar.

[shabz25]

Good luck kimberly, hope you kick them where it hursts most!!!!

Shabz25

[cat100]

The judge in my case gave me another 28days to study the paperwork sent late by HC.I asked if their evidence could be thrown out because of their lateness faxed 2 hours before court case.

Judge wouldn't have it and let their evidence stand.

All the best for tomorrow.

[kimberley6]

Thanks shabz.

[kimberley6]

Thanks cat100.

Looks like it all depends on which judge I get.

[kimberley6]

Still got unsigned agreement,so unless they come up with a signed copy,they can whistle.

[GhostDebt]

Hi Kimberley.

 

Good luck hope it goes well.

 

Regards

[vjohn82]

All the best... I'm sure you will be fine.

 

Let us know how it goes