Howard Cohen Claim Form

[Nelg352010]

Just received a claim form from the above and currently writing CCA and CPR my question is when im writing the CPR it states:
NB: ONLY LIST HERE DOCUMENTS THAT ARE MENTIONED IN THE PARTICULARS OF CLAIM ON THE FRONT OF THE CLAIM FORM - eg. IF THEY DON'T MENTION ' DEFAULT NOTICE' YOU CANNOT ASK FOR IT UNDER CPR 31.14, IF THEY MENTION CONTRACT rather than AGREEMENT - ask for the CONTRACT...IF IN DOUBT TYPE OUT THE PARTICULARS OF CLAIM AND ASK ON THE FORUM.( and remove this paragraph too!!!!)
for EXAMPLE
1. Agreement / Contract
2. Default Notice
3. Assignment
4. Formal Demand

but, in my POC section it states, The Claim is for £XXX in respect of monies owing persuant to an overdraft facility, personal loan and credit card arrears under account number - then a credit card number?

it does say debit was legally assigned by CL to the claimant and notice has been served, The defendant has failed to repay overdrawn sums owing under the terms and conditions of the bank account.

My question is what documents should i request under the CPR as they mention: Overdraft, Personal Loan, Credit Card and Bank Account at no point are they saying i owe money against agreement XXX or Contract XX?

Thanks in advance
Nelg352010

[nemesis45]

Re: Howard Cohen Claim Form

Just received a claim form from the above and currently writing CCA and CPR my question is when im writing the CPR it states:
NB: ONLY LIST HERE DOCUMENTS THAT ARE MENTIONED IN THE PARTICULARS OF CLAIM ON THE FRONT OF THE CLAIM FORM - eg. IF THEY DON'T MENTION ' DEFAULT NOTICE' YOU CANNOT ASK FOR IT UNDER CPR 31.14, IF THEY MENTION CONTRACT rather than AGREEMENT - ask for the CONTRACT...IF IN DOUBT TYPE OUT THE PARTICULARS OF CLAIM AND ASK ON THE FORUM.( and remove this paragraph too!!!!)
for EXAMPLE
1. Agreement / Contract
2. Default Notice
3. Assignment
4. Formal Demand

but, in my POC section it states, The Claim is for £XXX in respect of monies owing persuant to an overdraft facility, personal loan and credit card arrears under account number - then a credit card number?

it does say debit was legally assigned by CL to the claimant and notice has been served, The defendant has failed to repay overdrawn sums owing under the terms and conditions of the bank account.

My question is what documents should i request under the CPR as they mention: Overdraft, Personal Loan, Credit Card and Bank Account at no point are they saying i owe money against agreement XXX or Contract XX?

Thanks in advance
Nelg352010

Good evening, welcome to LB,

This looks like all your accounts with one creditor have been consolidated either by the original creditor of the debt purchaser.

Who is Cohen representing.
nem

[Nelg352010]

Re: Howard Cohen Claim Form

Hi Thanks for replying.

The claimant is Hoist now but was EX HSBC.

i cant see how it is multiple accounts as i didnt have anything other than 1 credit card with them.

[nemesis45]

Re: Howard Cohen Claim Form

Hi Thanks for replying.

The claimant is Hoist now but was EX HSBC.

i cant see how it is multiple accounts as i didnt have anything other than 1 credit card with them.

Send CCA request + fee to Hoist and CPR 31.14 to Cohen just request " All the documents mentioned in the POC.

I now suspect that Hoist has no idea what the account was, seen a few odd ones lately.

nem

[Nelg352010]

Re: Howard Cohen Claim Form

Hi Nem, Thanks very much for the advice.
I shall update this thread as i go,

Cheers
Nelg352010

[Nelg352010]

Re: Howard Cohen Claim Form

Hi All,
I have sent both letter cpr etc to the relevant claimants and had a reply from Robinson way- i didn't write to them i wrote to hoist and Howard Cohen but never the less, the reply states "HC are currently dealing with this and they are currently in the process of retrieving the documents, please accept this letter as agreement to a general extension of time, once they have provided you with the documents requested they will grant a further 14 days for you to respond to the claim form as you feel appropriate."

now i am not a sceptical person at all but i am thinking this is a delaying tactic on their behalf and i will then miss the date for the defence and landed with a ccj.

Do i submit these letters and replies to the court?
To prove they are granting whatever they are saying and if so how do i do it?

Thanks in advance
Nelg352010

[charitynjw]

Re: Howard Cohen Claim Form

Hi Nelg352010

You should now inform the court of the agreement to the general extension (which is 28 days)

Civil Procedures Rules 15.5
https://www.justice.gov.uk/courts/pr...es/part15#15.5

[Nelg352010]

Re: Howard Cohen Claim Form

Hi, do i email the court or actually write to them? do i still need to file a defence or wait, as i cant really file a defence without seeing documents?
i think im answering my own question!
thanks

[charitynjw]

Re: Howard Cohen Claim Form

Lol!

Email is fine, attaching a copy of the other party's letter of agreement.

The new due defense date will then be 28 days after the original Claim issue date + 33 days.

If it were me I would phone the court a couple of days after sending the email just to check all is in order.

[Nelg352010]

Re: Howard Cohen Claim Form

Hi, just an update and after some more advice. I submitted a defence as required in time and stated that I had received a letter saying the claimant agreed to a general extension until they had found the documents related to in the POC - I submitted this letter and advised this court that as of that date they had not supplied any documentation. I had thought at this time this may go away however I have just received a form from the court Notice of Proposed Allocation to fast track and I have to complete this form and submit by the 25th August.

I'm after advice, do I just fill it in or do I need to do something else as I still have not got any papers, documents or anything else from the claimant?

do I send another CPR request or do I send something else?

Any help would be awesome.

Cheers Nelg352010

[Nelg352010]

Re: Howard Cohen Claim Form

Bump.

[nemesis45]

Re: Howard Cohen Claim Form

Hi, just an update and after some more advice. I submitted a defence as required in time and stated that I had received a letter saying the claimant agreed to a general extension until they had found the documents related to in the POC - I submitted this letter and advised this court that as of that date they had not supplied any documentation. I had thought at this time this may go away however I have just received a form from the court Notice of Proposed Allocation to fast track and I have to complete this form and submit by the 25th August.

I'm after advice, do I just fill it in or do I need to do something else as I still have not got any papers, documents or anything else from the claimant?

do I send another CPR request or do I send something else?

Any help would be awesome.

Cheers Nelg352010

Good morning, sorry your post was missed.

This normal court process complete and return the forms as directed.

nem