Howard Cohen/C.L Finance / **DISCONTINUED**

[batman1956]

Anyone?

[postggj]

Bump anyone. How do I do a skeleton argument? Would it be similar to the defence except just the most relevant points? i.e lack of cca, statute barred, etc.etc.

 

 

correct

 

post one up and ill give it the once over

[batman1956]

Thanks will this suffice or does it need more detail?

 

IN THE CASE OF HOWARD COHEN V MRS BATMAN 1956

CASE NUMBER XXXXXXX

 

 

I would like the court to consider the following points in regard of the above claim. I raise these points in an effort to save the valuable time of the court.

1.)The Claimant has sent to me a letter dated xx/xx/xxxx stating that due to the age of the account they are unable to supply any CCA as required by CCA 1974. A copy of this letter has been sent with my original defence for your perusal.

 

2.)It is believed that the alleged debt is statute barred under the Limitations Act 1980 as the last activity on the account was more than 6 years ago.

 

3.)The claimant has not forwarded to the defendant ANY of the documents ordered by the court at the original hearing

 

My full defence raises many more points for which the claimant has not proven either ownership of the alleged debt or even that the defendant is the debtor and I respectfully ask the court to consider striking out the above claim.

[batman1956]

Extremely polite bump

[batman1956]

Bump again

[postggj]

hi batman

 

ill see if i can dig one up tonight for you

[batman1956]

Thanks

[batman1956]

Polite cough please can someone help with the skeleton?

[batman1956]

Really sorry but could someone please help with the skeleton a date in mid October has been set for the allocation hearing

[postggj]

be with you in the next few days

[batman1956]

Thanks again postggj

[batman1956]

Oh well Allocation hearing approaching fast. Cowards have still not sent any paperwork to us so we have sent a quick letter to the court manager to inform them. Looking at recent posts they have got a few bloody noses so lets hope that ours goes the same way. Their letter stating no CCA is available will take pride of place in our defence so fingers crossed this post will shortly join the others marked **WON**. Unless we get a DJ that goes against the common peception of CCA1974.

[batman1956]

Allocation hearing at the end of this week. We have been informed that Cowards will not be attending but have asked for case to be allocated to small claims. They have still not supplied any paperwork to us as ordered by the court. In my wifes AQ we asked for fast track because we are of the belief that this would force them to declare more. Would there be any disadvantage to let them have small claims track bearing in mind that we have a letter from them stating that the CCA is not available "due to the age of the account." The court has told my wife to write in if she agrees to go with small claims but obviously time is of the essence any urgent advice would be welcome.

[batman1956]

Anyone please !!!! We have to do the letter today and deliver it by hand tomorrow. Would we be giving Cowards any advantage by going with the small claims track?

[citizenB]

From what I understand the only advantage of small claims is the amount of costs.. they wont be mega bucks.

 

Usually small claims track is for values of under £5,000 and uncomplicated.

 

If I am reading things correctly, the account is

 

statute barred

paperwork requested by both you and the court has not been provided.

Cohen's arent turnng up (could this be because they know they dont have a leg to stand on)

Didnt Gazza112 just win a case where Cohens didnt turn up. That was small claims as well.

 

Only you can decide if you want to push for fast track, but I dont see any advantages in doing so.

 

HTH

[batman1956]

Thanks thats all i needed to know

[batman1956]

Thought I would send this to the court any comments please.

 

Would this possibly make the court feel I am being a smart arse?

 

 

FOR THE ATTENTION OF THE COURT MANAGER

 

Dear Sir,

In respect of the above case due for allocation hearing on xxxxxxxx 2009 I am informed by the court that the claimant has asked that the claim be allocated to the small claims track in their absence at this hearing.

I Mrs batman 1956 the defendant in this case have no objection to this claim being allocated to the small claims track.

However I wish to make the court aware that the claimant in this case has failed to disclose to me any documentation on which they will rely on at the hearing and as such I am not able to prepare a fully particularised defence.

The claimant however has sent a letter to the defendant stating that there is no CCA document available due to the age of the account and this is fatal to the claim under the terms of the Consumer Credit Act 1974 section 127(3). And under the Limitations Act 1980 it is also believed that this alleged account is statute barred

In view of the above facts and in an effort to save the valuable time of the court I would urge that the claimant be made aware of the Civil Procedure rules and the possible penalties for bringing cases to court which have no merit

Edited October 14, 2009 by batman1956

[citizenB]

Allocation hearing at the end of this week. We have been informed that Cowards will not be attending but have asked for case to be allocated to small claims. They have still not supplied any paperwork to us as ordered by the court. In my wifes AQ we asked for fast track because we are of the belief that this would force them to declare more. Would there be any disadvantage to let them have small claims track bearing in mind that we have a letter from them stating that the CCA is not available "due to the age of the account." The court has told my wife to write in if she agrees to go with small claims but obviously time is of the essence any urgent advice would be welcome.

 

 

Batman, with regard to your letter, having asked for information in your allocation questionairre, I dont think you need to put that into your letter.

 

I think all you have been asked to do is confirm that small claims is appropriate. Although, if you are going to a CMC, I would have thought that could be sorted out then ?.

 

I would just answer the question you have been asked in your letter to the court. When is the meeting ?

[batman1956]

The allocation hearing is in a couple of days. My wife has been told that she need not attend if she agrees to go along with the small claims track as asked for by Cohen's. I assume that once the track is decided then a date will be set for the CMC where any documentation will be seen by the DJ. Is this correct?

[tosh1]

subbing

[DonkeyB]

The allocation hearing is in a couple of days. My wife has been told that she need not attend if she agrees to go along with the small claims track as asked for by Cohen's. I assume that once the track is decided then a date will be set for the CMC where any documentation will be seen by the DJ. Is this correct?

 

I would always recommend going to an allocation hearing. If the oppo turn up, you never know what they might try on with the judge. It also gives you a gentle intro to the court system. Small claims means they have to divulge to you a lot less info than they would with fast track, but equally you would be exposed to possible high costs should you lose.

 

However, you lose nothing by attending. If you are convinced of your arguments and the lack of CCA, fast track is good as it will either expose their lack of CCA or, more likely, result in a discontinuation. But that's only my opinion, from experience.

[batman1956]

AAAARH!!!! Conflicting information, I realise that this is what a forum is all about but I have printed off a letter to be hand delivered today saying that we will agree to small claims track and my wife has agreed to work on the day of the hearing. I think my head is going to explode. If small claims track is set what could the disadvantage be the amount is a lot less than £5000. As far as we are concerned Cohen's letter states that they cannot produce the CCA and section 127(3) makes this a pretty good defence not withstanding the fact that it is statute barred etc,etc. It was the court that told my wife that the claimant would not be attending so should I highlight this point in the letter to cover her if they do turn up?

[DonkeyB]

Well, if it's definite she's not going, then yes. Always make clear to the court why you aren't able to attend, and make sure you make them aware that you know the claimant is not attending. The best bit about being there is that you could ask the judge to make an order that they comply with the CCA request/produce the documents without having to fill in an N244 and pay £75!

[batman1956]

Many thanks for your quick reply. The judge at the first hearing ordered them to supply documents and they have not done so. It would appear that they have very little to produce.

 

By the way hello guest.

[DonkeyB]

Sorry, I should have made myself clearer. While the proposed letter is fine, the tendency is that courts do NOTHING with letters, never act on them! They seem only to do things when (a) it's on an N244 and accompanied by £75, or (b) if you ask the judge directly. Hence my personal view that it's always best to attend.

 

After all, there's nothing to stop them turning up even if they have said they won't (though that's unlikely). The point of an allocation hearing is that the judge looks at the submissions, asks questions of the claimant and the defendant then decides on the issues and the track.

 

Also, if you get the same judge again at a proper hearing, you may garner some advantage through having had the decency to turn up at the allocation hearing! Worked for me, certainly