Yet ANOTHER hearing - 16/6/10 - Cl Finance/Howard Cohen **Discontinued**

[Guest Mrs Hobbit]

Martel, you should be drawing regular attendance money. Joking aside, I hope things are better for you today. Soft hugs

[Martel]

Martel, you should be drawing regular attendance money. Joking aside, I hope things are better for you today. Soft hugs

 

 

Haha...I actually made £65 today!

 

More in a min.....MXXX

 

PS thanks for the hugs!

[cymruambyth]

Hurray, maybe she started to feel guilty

[Martel]

Sorry its getting late, have they supplied a copy of your credit agreement that contains Clause 7.

I mention this, because HC are renowned for including this clause in all of there POC, even when they don't have an agreement to refer to, they still keep putting it in. It basically invalidates the claim because they cannot produce the agreement that they refer to & rely upon to enforce the claim.

 

Debs

 

and from Middenmiss:

 

T & C's

 

18.

18.1 Agreement will terminate automatically on termination of your present employment.....

 

 

 

Hilarious day at court (where I am now greeted by name by staff).

 

These two points above really put the cat amongst the pigeons today so thank you Debbbbsy and Middenmiss! I was clearly channeling you both today!

 

V young, earnest sol from H Cohen, only instructed re Summary Hearing - the Order had not been read in its entirety. Basically, it said if the SJ was unsuccessful, the court would proceed to determine the claim.

 

DJ unhappy that sol has been badly instructed and is unprepared. DJ agrees to give him some time to get necessary docs and WS statements faxed over.

Before he does this, I raise the point re APR mentioned on the POCs, referring to 'clause 7'. DJ amends my Amended Defence to include this point.

 

Sol reads from T&Cs that don't match mine and/or DJ's. It appears that there were different T&Cs in the original WS (Jan 08) and that THAT clause 7 DOES endorse the APR on the POCs. However, after the last hearing (May 08), H Cohen sent to court and myself better photocopied T&Cs we've always referred to (no appropriate Clause 7) - DJ requests confirmation faxed over as to which T&Cs relate to my agreement.

 

Back to the reception area, now teeming with all sorts of bolshy litigants and brewing dramas. H Cohen sol desperate on the phone to his office, enduring abuse from uncooperative usher, etc, goes on for hours - almost comic in its intensity and faxing calamities.

 

With faxed docs, we now return to DJ. Faxed docs now include TWO T&Cs - one from the original WS and.....and an entirely different set of T&Cs. Sol says they are identical (i.e., they include clause 7 that validate the APR claim on POCs)........BUT one has Clause 18.1 and one doesn't.

 

We now have three different sets of T&Cs in front of us.

 

Sol's feeble attempt to continue to SJ is declined. DJ adjourns hearing, instructing sol to determine the correct T&Cs and prove it (tho I'm sure the word 'reconstruction' will be bandied about). DJ Does request original agreement be brought to court, if poss. Court date set for September.

 

I am awarded £65 costs. My request for costs matching the barrister's costs on my two previous hearings this week is turned down. DJ cracks a smile.

 

On the way out, freaked out young sol expresses hope that he doesn't have to attend the next hearing (DJ gave him a pretty hard time). I feel sorry for him - but say he should really look at the Skeletal Argument, specifically re the DN. I tell him there's no wiggle room here and he agrees.

 

This is the third CL Finance claim I've had. H Cohen withdrew the first two after initial hearings.

 

Wonder what will happen this time?

 

HUGE thanks to all and enormous special mention to Debbbbsy and Middemiss!!

 

Now onto the other immediate questions....e.g., to N460 or not to N460 my losing hearings of the last few days....has anyone ever ben able to access legal insurance on their buildings insurance policy for anything like this???

[Martel]

Hurray, maybe she started to feel guilty

 

Bet they make the cheque out to Cabot....MX

[angry cat]

Re: claiming on buildings insurance.

The event has to have happened, after the policy had been issued.

[angry cat]

:

"On the way out, freaked out young sol expresses hope that he doesn't have to attend the next hearing (DJ gave him a pretty hard time). I feel sorry for him - but say he should really look at the Skeletal Argument, specifically re the DN. I tell him there's no wiggle room here and he agrees."

 

Luvvly Jubbly!

[Martel]

Re: claiming on buildings insurance.

The event has to have happened, after the policy had been issued.

 

Ah! Do you mean when the agreement is dated or date of default/termination or date of Claim?

 

Also, do you happen to know if you're covered if you haven't issued the Claim and if an N460 is considered a new claim or how it's defined?

 

Have had the same policy for awhile.

 

Thanks!

MX

[angry cat]

Ah! Do you mean when the agreement is dated or date of default/termination or date of Claim?

 

Also, do you happen to know if you're covered if you haven't issued the Claim and if an N460 is considered a new claim or how it's defined?

 

Have had the same policy for awhile.

 

Thanks!

MX

 

My understanding is, it is before one entered into the agreement.

Check with your insurer.

[Guest Mrs Hobbit]

Now that is what the CFC call a bad/sad gig for the solicitor. We've had when they have not been instructed correctly and not expecting a spanner in the works. You are also teaching the DJ along the way. Maybe next time he/she will realise you do your homework and are not so silly. I would also raise the question of the fiasco of the last hearing and the court staff not getting the paper to the Judge in time.

 

I like your expenses of £65.00. Now will they get the orginal agreement? Shall we run a book on this?

[DeBilde]

Martel,

 

just to let you know that on the last PDF you attached you can clearly see all of your personal details and agreement numbers etc.... Just thought I would let you know.

[Martel]

Martel,

 

just to let you know that on the last PDF you attached you can clearly see all of your personal details and agreement numbers etc.... Just thought I would let you know.

 

De Bilde, thank you for letting me know. I'm sort of at my wit's end re editing attachments - I've tried blocking them with opaque paper and eliminating my details with indelible ink....I guess the only true way of doing it is to physically cut out the details.

 

I've edited the attachment out, buy am unable to verify it's now been deleted (think I will always be able to access it as it's downloaded on my computer).

 

Huge thanks, again!!

 

Martel

[Martel]

Yes you can do, then you can add the others using the edit function or as separate posts if you like.

 

Cerberus, I'm so sorry to bother you but could you make sure all my attachments on this thread are eliminated? no matter what I do to block personal info - opaque paper, indelible ink - doesn't do the trick. and, I'm not sure if my editing of the said posts has been effective.

 

Sorry - I'll get the hang of it eventually. MXX

[Martel]

Now that is what the CFC call a bad/sad gig for the solicitor. We've had when they have not been instructed correctly and not expecting a spanner in the works. You are also teaching the DJ along the way. Maybe next time he/she will realise you do your homework and are not so silly. I would also raise the question of the fiasco of the last hearing and the court staff not getting the paper to the Judge in time.

 

I like your expenses of £65.00. Now will they get the orginal agreement? Shall we run a book on this?

 

Mrs H, so sorry, just saw your post......

 

Am not entirely sure what the DJ thinks of me, is rather enigmatic. DJ did take over an hour to write up previous hearing's Order. Drove boring, charmfree barrister crazy - he thought it would be a 5 minute hearing and it turned out to be an all day affair (I get minor satisfaction there). AND he was forced to exchange pleasantries with dull sol ALL DAY.

 

Am waiting to hear back from your barristers but I think financing the N460 (and the meter is ticking - less than 2 weeks for the first hearing and 21 days as of Monday for the second) is not an option. I can only do it if it's DA or CFA (whichever acronym translates into 'I can't pay'). I do think I have a strong case just in terms of sloppy court procedure prejudicing my chances of adjournment and fair hearing. Grrr......

 

Thanks for all your fab advice, MXX

[cerberusalert]

I've deleted a couple of urls and unapproved the attachments which means although they are still there no-one can download them.

 

If you want to delete them click the 'edit' button in the post and then 'manage files' then you can delete them manually.

[Martel]

I've deleted a couple of urls and unapproved the attachments which means although they are still there no-one can download them.

 

If you want to delete them click the 'edit' button in the post and then 'manage files' then you can delete them manually.

 

Cerberus, I truly hope I'm not trying your patience. I did do an edit, but am never convinced it's been effective. I think i must be the only person without Xray eyes. From now on, I will be cutting out the relevant info!!

 

Huge thanks!!

 

MX

[middenmess]

Hi Martel--to edit/block out lines of text etc.,just open up your image in the Windows Program 'Paint'

[start-All programs-Accessories-Paint]

have a quick read of help and then off you go.Within a few minutes you'll be able to block out anything!

 

[cerberusalert]

I don't like edits with pdfs because whatever has been edited can be reinstated with the right software. Best thing to do is create a jpeg file and then edit it using paint.

[Martel]

Hi Martel--to edit/block out lines of text etc.,just open up your image in the Windows Program 'Paint'

[start-All programs-Accessories-Paint]

have a quick read of help and then off you go.Within a few minutes you'll be able to block out anything!

 

 

ooohhh...thanks to you and Cerberus! I will play around with 'paint' and see what I can do.....I resorted to old fashioned censorship because time was of the essence (and I am a technical idiot).

 

BTW, Midd.....you're eagle eyed spotting of Cl 18.1 totally stalled proceedings today.....incredible that such an apparently anodyne term could scupper the hearing today. I so owe you one!!

 

 

MXX

[middenmess]

If you get stuck when using 'Paint' just Google your problem and like on CAG there'll be a hundred posts giving you step by step advice.

[DeBilde]

Yes, save to JPEG then use paint and host it on Image Shack etc...

[Martel]

A happy ending....today I rec'd a Notice of Discontinuance.

 

Fini!!

 

The Defence hinged on a flawed DN. And the claimant's sol wasn't helped by the fact he managed to produce THREE T&Cs in court.

[cerberusalert]

What was it that Freddy used to sing?.... Oh yes, "Another one bites the dust".

[Martel]

What was it that Freddy used to sing?.... Oh yes, "Another one bites the dust".

 

Cerberus, that did make me laugh!! First time in ages!!

 

I've also defeated two other CL Finance claims (not on this forum, tho) - just thought I'd mention it because they seem to back off after a day or two in court. My advice is to stand your ground, MX

[cymruambyth]

Wow, lets hope that your luck has finally turned.