Howard Cohen-Discussion thread.

[Consumer dude]

Current situation regards Howard cohen/Cl finance in which there was a hearing which happened and to which I attended on behalf of OH. The hearing was adjourned until end of July as OH did not attend. I got the impressions she did'nt have to.

 

Previously and before the hearing I had followed the court directions to the letter and to the time scales. The claimant failed to do so and a further request for documents that they would be relying on has been ignored. My thread on this can be found on the forum for easy reference.

 

I would appreciate any further advice on what should be my next move.

As advised I think applying for a strike seems to be the way to go but I do have concerns. The fact that the OH did not attend (for what ever reason) that may be twisted around. No CCJ was ordered so I am assuming that things are in exactly the same situation before the hearing.

 

I have had great support along the way but now I have seeking to conclude this by a possible strike out and I was wondering what are the chances of success. Many thanks..

[Mightyacorn]

Current situation regards Howard cohen/Cl finance in which there was a hearing which happened and to which I attended on behalf of OH. The hearing was adjourned until end of July as OH did not attend. I got the impressions she did'nt have to.

 

Previously and before the hearing I had followed the court directions to the letter and to the time scales. The claimant failed to do so and a further request for documents that they would be relying on has been ignored. My thread on this can be found on the forum for easy reference.

 

I would appreciate any further advice on what should be my next move.

As advised I think applying for a strike seems to be the way to go but I do have concerns. The fact that the OH did not attend (for what ever reason) that may be twisted around. No CCJ was ordered so I am assuming that things are in exactly the same situation before the hearing.

 

I have had great support along the way but now I have seeking to conclude this by a possible strike out and I was wondering what are the chances of success. Many thanks..

 

 

Civil Procedure Rules

 

 

 

Non-attendance of parties at a final hearing

 

27.9

 

(1) If a party who does not attend a final hearing –

(a) has given written notice to the court and the other party at least 7 days before the hearing date that he will not attend;

 

(b) has served on the other party at least 7 days before the hearing date any other documents which he has filed with the court; and

 

© has, in his written notice, requested the court to decide the claim in his absence and has confirmed his compliance with paragraphs (a) and (b) above,

 

the court will take into account that party’s statement of case and any other documents he has filed and served when it decides the claim.

 

(2) If a claimant does not –

(a) attend the hearing; and

 

(b) give the notice referred to in paragraph (1),

 

the court may strike out(GL) the claim.

 

(3) If –

(a) a defendant does not –

(i) attend the hearing; or

 

(ii) give the notice referred to in paragraph (1); and

 

 

(b) the claimant either –

(i) does attend the hearing; or

 

(ii) gives the notice referred to in paragraph (1),

 

 

the court may decide the claim on the basis of the evidence of the claimant alone.

 

(4) If neither party attends or gives the notice referred to in paragraph (1), the court may strike out(GL) the claim and any defence and counterclaim.

 

 

Unless someone else advises differently I would suggest that your OH should attend Court

[Consumer dude]

Civil Procedure Rules

 

 

 

Non-attendance of parties at a final hearing

 

27.9

 

(1) If a party who does not attend a final hearing –

(a) has given written notice to the court and the other party at least 7 days before the hearing date that he will not attend;

 

(b) has served on the other party at least 7 days before the hearing date any other documents which he has filed with the court; and

 

© has, in his written notice, requested the court to decide the claim in his absence and has confirmed his compliance with paragraphs (a) and (b) above,

 

the court will take into account that party’s statement of case and any other documents he has filed and served when it decides the claim.

 

(2) If a claimant does not –

(a) attend the hearing; and

 

(b) give the notice referred to in paragraph (1),

 

the court may strike out(GL) the claim.

 

(3) If –

(a) a defendant does not –

(i) attend the hearing; or

 

(ii) give the notice referred to in paragraph (1); and

 

 

(b) the claimant either –

(i) does attend the hearing; or

 

(ii) gives the notice referred to in paragraph (1),

 

 

the court may decide the claim on the basis of the evidence of the claimant alone.

 

(4) If neither party attends or gives the notice referred to in paragraph (1), the court may strike out(GL) the claim and any defence and counterclaim.

 

 

Unless someone else advises differently I would suggest that your OH should attend Court

 

 

 

 

 

 

 

I gave notice of OH not attending and I take heed of the advice that she should attend but this may be pending medical advice..

 

Just wondering if I should request a subject access request given that this maybe the best way to get them to send all data they have..

 

Another idea could be to request an order for disclosure as they have failed fully to provide under the civil procedure rules..

[Consumer dude]

Further to my post. If I apply for SAR, then ten pounds is payable, however if applying using civil procedure rules then can the same results be had ? Could some one remind me the regs to be used. Sure I did this for CPR before and if so I could request this as an reminder and request response within seven days..

 

Another issue is regarding agreement number. On the claim form it mentions one number but on the agreement itself it mentions a different number, confused or what ??

 

If I use the civil procedure rules which I favour now unless some one has other ideas, I could highlight this issue with the agreement..

 

One more issue for now is that on the claimants witness statement they refer to AR1 to AR5. What is meant by this ? Five pages of A4 that does'nt really say anythink. Are they just confirming on those pages the fact that they have isuued a a witness statement ?? any one ??

[Consumer dude]

Bump..

[cosalt]

Hi, update to my situation with HC.

 

We received a court claim and sent a defence that they did not even own the debt and they had also sent the claim to an old address.

 

We received an AQ wich was returned.

 

We have now received a court order saying there is a 20 min hearing in 10 days time to discuss if the debt has been asigned properly and if so what our defence is.

 

We have never received an agreement for this nor a default notice.

 

Any ideas what to do, after my recent experienceI would rather not go to court as who knows what will happen, We may even get the same judge

[cosalt]

Is anyone able to help on this ?

 

I dont know if HC have even responded to the court, or would it not have got this far if they had not ?

 

This is my wifes account and she really would not be up to attending, could I attend on her behalf ? I can't believe HC will attend for a £300 claim.

 

Thanks

[diddydicky]

the defendant must appear (although she could stay silent and you could represent her with the permission of the court )

 

if she cannot attend through illness then she should seek an adjourement with a doctors letter.

[Mightyacorn]

Is anyone able to help on this ?

 

I dont know if HC have even responded to the court, or would it not have got this far if they had not ?

 

This is my wifes account and she really would not be up to attending, could I attend on her behalf ? I can't believe HC will attend for a £300 claim.

 

Thanks

 

 

Contact the Court tomorrow morning and see what the state of play is regarding HC, then you can plan your method of attack.

[cosalt]

Thanks, will call court tommorrow morning ( ask wife to ! )

[cosalt]

the defendant must appear (although she could stay silent and you could represent her with the permission of the court )

 

if she cannot attend through illness then she should seek an adjourement with a doctors letter.

 

 

Hi DD,

 

No she's not ill, just she would not have a clue what to do, and would either tie herself in knots or worse still, tell the judge what she thought of him.

[diddydicky]

go to post 2573 in "dissecting the manchester test case

 

i just had the same experience

[cosalt]

Ok, contacted the court this morning and they have heard nothing from CL finance / HC since they returned the AQ.

 

So just to confirm, the original date of issue of claim was 28th July 2009, this was sent to our old address. In December 2009 we received a letter from buchanan clark wells to say that aktiv kapital had now bought the debt.

 

What does this mean to the court claim as although CL finance owned the debt at the time of issue, they then sold it to AK ?

 

Cosalt

[diddydicky]

Is anyone able to help on this ?

 

I dont know if HC have even responded to the court, or would it not have got this far if they had not ?

 

This is my wifes account and she really would not be up to attending, could I attend on her behalf ? I can't believe HC will attend for a £300 claim.

 

Thanks

 

i think that what you are saying is that she is terrified of the thought )nothing wrong with that) - which means she would be as much use defending herself as a chocolate fireguard

 

you can ask the court to represent her but she must attend (and will sit quietly throughout whilst you make the case for her)

 

if you have been dealing with most of the stuff on her behalf and writing the letters for her - then just put a few basics in her witness statement and put the rest in your own

 

a person who submits evidence to a court but fails to attend will have a major problem since the other side have no means of testing that evidence and so the evidence will be seriously weakened

[Mightyacorn]

Ok, contacted the court this morning and they have heard nothing from CL finance / HC since they returned the AQ.

 

So just to confirm, the original date of issue of claim was 28th July 2009, this was sent to our old address. In December 2009 we received a letter from buchanan clark wells to say that aktiv kapital had now bought the debt.

 

What does this mean to the court claim as although CL finance owned the debt at the time of issue, they then sold it to AK ?

 

Cosalt

 

I take it then that you have had no paperwork whatsoever regarding this claim, other than the stuff from Court?

[cosalt]

DD yes you are right about my wife, the other problem is that we have a four month old baby and I am not quite sure who is going to look after her.

 

The only defence we have ever submitted is what we put onto the original claim form stating that we had only just received the claim because the claimant had sent to the wrong address. we also stated that they had sold the debt on and so had no right to claim.

 

we have received no paperwork from the claimant in relation to the court case.

[Mightyacorn]

Cosalt - Is this your thread about this action:-

http://www.consumeractiongroup.co.uk/forum/legal-issues/244710-buchanan-clark-wells-ccj-3.html

If it is then you are better off using that thread.

[cosalt]

Yes it is ! I had forgotten all about it !

 

Any idea how I can merge my posts over to it ?

 

cosalt

[Mightyacorn]

Yes it is ! I had forgotten all about it !

 

Any idea how I can merge my posts over to it ?

 

cosalt

 

 

Just leave your link on here and link back from the other

[Davetherave12]

Can you nice guys take a look at my post, thanks.

 

http://www.consumeractiongroup.co.uk/forum/mbna/263479-mbna-howard-cohens-davetherave-2.html

 

any help would be appreciated.

[cosalt]

Hi everyone,

 

in court tuesday for a hearing, HC have continued with court action despite selling the debt on to another dca.

 

here is my thread-

 

http://www.consumeractiongroup.co.uk/forum/legal-issues/244710-buchanan-clark-wells-ccj-4.html#post2984229

 

can anyone confirm that they cannot continue with court action on a debt they have sold on.

 

thanks

[The GodMother]

Personally l dont think they can as they dont own the debt. The word fraud comes to mind.

 

As evidence remember to take the proof you have they dont own the debt and ask the judge to throw this matter out of court as they are trying to gain money they are not entitled to.

[cosalt]

Thanks The Godmother, I did think they couldn't do it, I just really needed a second opinion

[cosalt]

I don't even think they will turn up, especially as they said they are not aware of any hearing !

[DonkeyB]

Whaaaaat? Are they kidding?