Advice Please Thomo68 vs Hoist & Howard Cohen

[Thomo68]

Re: Advice Please Thomo68 vs Hoist & Howard Cohen

Would really appreciate guidance on this - if my reckoning is correct my initial 14 day extension is up on Tuesday April 7th 2015 and Howard Cohen have agreed a further 14 days. I have received none of the requested documents from either Hoist kr Howard Cohen so what happens now - is it a simple letter/email to the court advising them of this or is there something else I should be doing? Many thanks in advance.

[Thomo68]

Re: Advice Please Thomo68 vs Hoist & Howard Cohen

Advice please - is there anyone out there that can help me - getting really worried now as have only got just over a week to file the defence.

[Kati]

Re: Advice Please Thomo68 vs Hoist & Howard Cohen

What have you done with your defence? Have you made a start on it?
[MENTION=55034]nemesis45[/MENTION] ... could you have a look at this please?

[nemesis45]

Re: Advice Please Thomo68 vs Hoist & Howard Cohen

Check with the court the claim may be stayed, Cohen is known slipping in documents at the last minute keep a check on the court.
Have you as Kati has asked formulated your defence?
No CCA means debt is unenforceable until it is provided.
Did You inform the court of Cohen's agreed extension?
nem

[nemesis45]

Re: Advice Please Thomo68 vs Hoist & Howard Cohen

Here now Kati (Thanks:tinysmile_twink_t2: Kati)

nem

- - - Updated - - -

Here now Kati

nem

[Thomo68]

Re: Advice Please Thomo68 vs Hoist & Howard Cohen

Thank you both for your responses - I will email the court today and ask whether they have received any further corresepondence from the Solicitors. We have not received a copy of the CA and I was assuming that would form the basis of the defence - or am I totally on the wrong track? I did advise both the Court and the MSOL that the extension had been agreed and had acknowledgements from both.

[nemesis45]

Re: Advice Please Thomo68 vs Hoist & Howard Cohen

Good morning,

As long as the agreement is " missing " the alleged debt is unenforceable.
Regular checks with the court to make sure that nothing " underhand" is
happening is a good idea.

nem

[Thomo68]

Re: Advice Please Thomo68 vs Hoist & Howard Cohen

Thank you Nem - so shall I the court today to ensure although I requested it, it hasn't been sent there?

[nemesis45]

Re: Advice Please Thomo68 vs Hoist & Howard Cohen

It's possible that if Hoist/Cohen cannot get the agreement they claim may have been stayed. (you don't get notified of this).
Personally I would phone e-mails may take quite a while to be answered.

nem

[Thomo68]

Re: Advice Please Thomo68 vs Hoist & Howard Cohen

Excellent - thank you. I will let you know the outcome.

[Thomo68]

Re: Advice Please Thomo68 vs Hoist & Howard Cohen

Hi there - nothing with the Court and nothing from the Hoist or HC - so I take it I just send a defence saying unenforceable is that correct? And is there a template for this? Many thanks

[nemesis45]

Re: Advice Please Thomo68 vs Hoist & Howard Cohen

Check with the court to see if the claim is stayed.
Whilst the agreement is " missing " they cannot enforce.

Yes submit your defence now.
nem

[Thomo68]

Re: Advice Please Thomo68 vs Hoist & Howard Cohen

Thanks Nem for the quick response - what does 'stayed' mean?
Is there a template or a way in which the defence should be set out or can I just simply state that despite asking for a copy of the credit agreement from Hoist and copies of Notice of Assignment, Default Notice and Agreement from HC none have been received and therefore unable to defend? Ta muchly

[nemesis45]

Re: Advice Please Thomo68 vs Hoist & Howard Cohen

Stayed = Suspended.
What other than the non compliance with CCA request are you using in defence? Statute Barred?

nem

[Thomo68]

Re: Advice Please Thomo68 vs Hoist & Howard Cohen

TBH I'm not sure that it is quite statue barred - so is their non compliance not enough?