Another H Cohen Thread!!! Discussion?

[BeauBrummie]

Hi all,

 

My OH and me are in the fortunate or not as the case maybe to have 2 claims on the table which are being dealt with by this bunch.

 

I have requested CPR in both cases and in both cases Mr Cohen and co have replied to my CPR requests by saying that because it is a "small claim" that standard CPR does not apply.

 

My question is how does he think that this is correct protocol when niether case has yet reached AQ stage?

 

I have done some research and found this regarding small claims which I think he may be trying to bulldozer through in his claims

 

Lord Woolf’s 1996 Report on Access to Justice Regarding Small Claims

 

Disadvantages:

Some problems present themselves where one party is legally represented and the other is not.

 

• Legal aid is not available in respect of small claims, and lawyers costs are not recoverable.
  
• There is no likelihood that legal aid will be granted for a small claim.
  
• Disputes with neighbours are better dealt with by mediation;
  
• Some of the Civil Procedure Rules (CPR) apply others do not, CPRs are unknown to most litigants. The CPRs apply until the case is allocated to the Small Claims Track.
  
• Small claims procedure is not suitable when the primary desired remedy is an apology or explanation or simply to prevent the same thing happening again.
  

Does anyone know which CPR does not apply and therefore what Cohen is relying on ?

 

 

Beau

[someone_else]

Point 27.2 from here: PART 27 - THE SMALL CLAIMS TRACK - Ministry of Justice explains what bits aren't covered in the small claims court.

[BeauBrummie]

Thanks someone else,

 

I have drafted this in response to Cohen and wondered if anyone had any thoughts----it probably wont do any good but if you dont try?

 

Dear Sirs,

Thank you for your letter of 15 June 2009 where you claim to not be obliged to send information under Civil Procedure Rules Part 18.

I have to point out and as you will be well aware that the information request is under Part 18 is a preliminary request and therefore as the case has not been allocated a track you do not give sufficient reason to deny or not to comply.

My request is made I beleive for genuine reasons for me to ascertian how I should procede with this case, and as the Particulars of Claim do not substantiate the claim nor provide any documentary proof to substantiate the claim, which as again you will be well aware should have been delivered with the claim forms. I qoute the relevant CPR Practice direction which you should already be aware of :

"CPR PART 18 PRACTICE DIRECTION

Preliminary Request for Further Information or Clarification

 

1.1 Before making an application to the court for an order under Part 18, the party seeking clarification or information (the first party) should first serve on the party from whom it is sought (the second party) a written request for that clarification or information (a Request) stating a date by which the response to the Request should be served. The date must allow the second party a reasonable time to respond."

 

To this end I refute your claim to deny me the information requested and treat your letter as an obstruction of the court process unless you comply with my request within the stated time that was given. You will be well aware that an unsubstantiated claim such as this could be subject to a Summary Judgement (Or Struck out) in favour of myself and costs awarded against you for time spent etc.

 

I await your rapid response.

 

 

Any thoughts anyone

 

Beau

[PGH7447]

Sounds Good, just need to spellcheck it, cant wait for their response:D

[BeauBrummie]

Sounds Good, just need to spellcheck it, cant wait for their response:D

 

Thanks--I never was very good at spelling although I have mitigating circumstances ---- it was about 6.30am when I wrote it!!

 

Beau

[BeauBrummie]

Ok had a fast response from HC.

 

They say that they are not aware of any dispute citing that CPR Part 18 only gives provision for a party to seek clarification on a matter.

 

They therefore say that I am being "disproportionate" in my request as I have not raised a dispute.

 

OK well, I have sent a CCA request to OC but not yet had a response so I presume once the 12 working days are up then that is my que to re-request the info from HC ? Hmmmm

 

What a load of tosh

 

By then of course I would have to have submitted a "holding defence" maybe this is where HC think I might bow out......Nahhhh

 

Beau

[pt2537]

personally, id make an application for further info if you need it to be able to defend the claim

[BeauBrummie]

personally, id make an application for further info if you need it to be able to defend the claim

 

Sorry Pt, do you mean via a further CPR request or application to the Court?

 

Beau

[BeauBrummie]

Just Bringing this matter up again as HC have not replied to my submitted defence in my case with CL Finance.

 

Can anyone tell me because I am the defendant, can I apply to the Court in any way to get the case Struck Out, as HC have had more than 33 days since I submitted defence presumably it is now "Stayed"

 

Beau

[postggj]

Beaubrummie

Had Two Cases This Week Get Struck Out For H Cohen Not Giving Info As Usual

 

Did The Court Order This Info Or Is It Just Your Cpr Request

[postggj]

have a nose

 

http://www.consumeractiongroup.co.uk/forum/legal-issues/192864-cohens-claim-form-received.html?highlight=postggj

[BeauBrummie]

Beaubrummie

Had Two Cases This Week Get Struck Out For H Cohen Not Giving Info As Usual

 

Did The Court Order This Info Or Is It Just Your Cpr Request

 

Just my CPR request and I have submitted an embarressed defence but since then nothing!!

 

Beau

[postggj]

right

 

see you tomorrow night

 

lets get this struck out

[BeauBrummie]

right

 

see you tomorrow night

 

lets get this struck out

 

Sounds like you have a plan!! can you let me in on it?

 

Beau

[sostressed]

I'll be intersted to hear this as well, I'm in a simliar situation with someone else. I want to get it struck out. Good luck with yours, I have recently had a nasty run in withH Cohen.

[BeauBrummie]

Just to update this thread.

 

I have today, almost 4 MONTHS after submitting my embarresed defence received an AQ (N149) from the court.

 

Guess what though ---nothing from Cohens --suprise suprise!!!!

 

Ive heard of "slowly slowly catchy monkey" but this is a bit extreme dont you think.

 

Beau

[GhostDebt]

Evening BeauBrummie.

 

Our small claims with Cohen got struck out for failure to comply with court orders.

If you want to have a look at our thread to see what we put in the N149 let us know.

 

Regards

[postggj]

Read My Mind Ghost Debt

 

Better Put That In The Aq CohenS Lack Of Respect To The Court Ref Docs

[BeauBrummie]

Evening BeauBrummie.

 

Our small claims with Cohen got struck out for failure to comply with court orders.

If you want to have a look at our thread to see what we put in the N149 let us know.

 

Regards

 

Thanks Ghostdebt,

 

I would appreciate some experience regarding Cohen. Information and knowledge is quite powerfull dont you think?

 

Cheers

 

Beau

[GhostDebt]

http://www.consumeractiongroup.co.uk/forum/legal-issues/131499-directions-n150-n149-allocation.html

 

The above is the sticky ref the N150 and N149 AQ's

 

http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/182360-c-l-finance-awaiting.html

 

The above is our small claims case with CL/Cohen.

 

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

 

The above is our ongoing fast track case with CL/Cohens (N150 and Defences)

 

Postggj,

 

If you get a minute can you have a look at the fast track case, have sent a CPR 18 response to Cohens today as they sent us a CPR 18 request and they seem to be hanging on like a dog with a bone.

In court with them the beginning of October (again - 3rd time in this case).

 

Regards

[postggj]

no probs

ill look in tomorow

[BeauBrummie]

Can anybody point me in the direction of a defence that is for CL finance assigned account that has a First Direct Current Acc and a loan acc rolled up into one.

 

Need to get something to Court in the next few days as judge has asked for an amended defence from me.

 

Thanks

 

Beau

[GhostDebt]

Hello Beau

Have you had the documents you need from the Claimant?

[BeauBrummie]

Hello Beau

Have you had the documents you need from the Claimant?

 

Hi Ghostdebt,

 

I have elevated the issue to having its own thread as I needed a bit more specific advice :

 

http://www.consumeractiongroup.co.uk/forum/legal-issues/234585-bb-cl-finance-h.html

 

But still nothing from Cohens!!

 

Beau