court claim from howard and cohen

[cjo]

Re: court claim from howard and cohen

Hi

Due to the agreement being such a bad copy by the time its scanned then put onto here it is un readable. The copy it self has someone elses details printed on it as well,a little lighter in colour but still there. It looks like a faxed copy that has been photo copied with another one mixed in with it. Hard to explain but thats the best i can do. And the whole page is very gray.

The £50 is not a problem to pay, however they have been difficult to deal with and unreasonable to say the least. They pested my wife with 20 to 30 calls a day forcing her to pay £50 on two occasions, knowing full well i was in africa working.

These phone calls were threatening and worrying for my wife.

The reason it has gone on now for just short of 5 years is that for 4 years No one would tell me where the loan was. I missed 3 payments due to changing banks and being away. Totally my fault but when i wanted to pay no one knew who i should be paying. The loan has been passed on alot of times i understand.

Hope this helps, also they have put this on my credit rating a few month ago.

thankyou
------------------------------- merged -------------------------------
The credit agreement is between Retail Financial Services and myself regulated by the consumer credit act 1974. Not sure if this is of any use

[cjo]

Re: court claim from howard and cohen

Good morning all, just thinking what i should do now, i did recieve one letter of them, ie the one about a consent order, but am i right in thinking that its still nothing to do with the particulars which the court wants by the 29th, am i right in thinking that if they have not done this the hearing will be thrown out?

[Bullcote]

Re: court claim from howard and cohen

Hi CJO

I would wait until the New Year to see if they send anything to the Court. If there is nothing at court by 11 Jan (your copy may just get 'lost in the post'!!), ask the court to strike out as per the Order.

If there is an Amended Particulars of Claim, you will still have a couple of days to submit an Amended Defence. At the same time, you could consider if the claim would succeed and if it might be better to settle. But until they show their hand a bit more, I would tend to hold off.

[cjo]

Re: court claim from howard and cohen

Thankyou, thats what i was thinking, Amethyst and Curlyben must be having a well earned break. Fingers crossed that all will be well in the new year.

[Curlyben]

Re: court claim from howard and cohen

Call me Mr Thick, but WHY is Mr C sending a consent order to you.
As per the courts Order they have until the 29th to supply all required documentation and a revised POC !!!

So what are they playing at here ?!?!

[cjo]

Re: court claim from howard and cohen

well its one day to go, should i ring the court tomorrow if i dont see a new POC? And what does struck out mean?

Have a good day

[postggj]

Re: court claim from howard and cohen

struck out means the claim is history, gone , verboten, never to darken your door step agin but

DO NOTHING UNTIL CURLYBEN HAS ADVISED

HIM AND COHEN ARE OLD SPARING PARTNERS WITH NOT TO MUCH LOVE LOST BETWEEN THEM

[Curlyben]

Re: court claim from howard and cohen

TBH, Cohen's will likely miss the 29/12 deadline.
They'll come up with some bovine excuse, but worth calling the court on 30/12 to see if they have bothered to comply.
After all as per the courts order the claim would be dead in the water if they fail to comply..

[cjo]

Re: court claim from howard and cohen

Court is closed till the 4th,,will have to wait then. I will keep my fingers crossed and ring on the 4th.

[orfoster]

Re: court claim from howard and cohen

How did it go?

[cjo]

Re: court claim from howard and cohen

Well it is going infront of the District Judge this morning, i will find out on Monday. I have not recieved anything nor has the court so fingers crossed. Knowing H=C they willl try to stall at the last minute.

[orfoster]

Re: court claim from howard and cohen

Thats what I'm hoping with mine. Their deadline to submit documents was yesterday at 4pm, well I haven't had anything and i'm not going to call the court until mid next week as CB has suggested. Will be watching your thread with interest.

[cjo]

Re: court claim from howard and cohen

As soon as i know i will post the result. What ever it is a big thankyou to CB and Amerthyst who have both made the route to this stage as easy as possible,

[cjo]

Re: court claim from howard and cohen

Great news the judge struck it out, now i only have the courts word on that , they said i will have a letter in a couple of days. sOunds llike the judge agreed with everyone on here, will let you know when i have the letter, again a big thanks t everyone who have helped. i wont be 100% till i have the letter but i am preety sure,

[Curlyben]

Re: court claim from howard and cohen

Excellent news.
I assume the strike out was due to Cohens non-compliance with the courts order.

If so don't be surprised if they attempt a set aside and cite some bovine why they failed to comply. Normally they will say they never received the courts order or it was late.
Utter bovine excrement, but some DJ's allow them a second bite.

If we were to say the same they'd move for default judgement in double quick time !!!
Such is justice I'm afraid.