Hoist/Howard Cohen

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Re: Hoist/Howard Cohen

"Did you sign anything when you opened the account"

Unlikely; iirc bank managers applied for them on your behalf if you were taking out a mortgage.

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Re: Hoist/Howard Cohen

Hi again. Would someone please be able to look again at that agreement. I desperately need to get a defence in and time is ticking away. It's a massive headache, i know, but i really dont want a judgement against me.
thanks in advance
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Re: Hoist/Howard Cohen

***BUMP***

Hi, Im so sorry to keep bumping this, you Beagles have so many people to help out, but im so worried that i havent out a defence in yet. Could someone please have a look at the agreement and let me know if its valid, or if i actually have a defence?
tks
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[pt2537]

Re: Hoist/Howard Cohen

***BUMP***

Hi, Im so sorry to keep bumping this, you Beagles have so many people to help out, but im so worried that i havent out a defence in yet. Could someone please have a look at the agreement and let me know if its valid, or if i actually have a defence?
tks
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Hi

ive been back through the thread with my old tired eyes and i cannot see the agreement anywhere. can you point me to it please?

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ignore my last post, ive found it on a link in sharons post.

[pt2537]

Re: Hoist/Howard Cohen

The terms and conditions appear to be the same as the case of HFO v Wegmuller, which is reported on Bailii here http://www.bailii.org/ew/cases/Misc/2012/19.html

If youve made a request under s78 CCA then the document doesnt appear to me to be easily legible either

On wegmuller, i was able to argue that the terms provided, which Mr WEgmuller accepted were the only terms he had and they arrived with the card, were not present when the agreement was signed. This was evident from the terms, for exampel there was a clause in the agreement that dealt with cancellation which would only have efect if those terms were the ones that arrived with the card after the application was signed. Thus the Court ruled the prescribed terms didnt get provided with the application but later which rendered the agreement unenforceable.

have a read of the judgment and if youre not sure of anything just shout

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Re: Hoist/Howard Cohen

Hi

ive been back through the thread with my old tired eyes and i cannot see the agreement anywhere. can you point me to it please?

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ignore my last post, ive found it on a link in sharons post.

Tks pt, its on the frst page iirc.
Tks, I'll pour a small glass of red, put me feet up and have a read....

[Diana M]

Re: Hoist/Howard Cohen

Tks pt, its on the frst page iirc.
Tks, I'll pour a small glass of red, put me feet up and have a read....

I've replied to your PM.

Di

[ADDLED]

Re: Hoist/Howard Cohen

I've replied to your PM.

Di

Thanks.

[ADDLED]

Re: Hoist/Howard Cohen

The terms and conditions appear to be the same as the case of HFO v Wegmuller, which is reported on Bailii here http://www.bailii.org/ew/cases/Misc/2012/19.html

If youve made a request under s78 CCA then the document doesnt appear to me to be easily legible either

On wegmuller, i was able to argue that the terms provided, which Mr WEgmuller accepted were the only terms he had and they arrived with the card, were not present when the agreement was signed. This was evident from the terms, for exampel there was a clause in the agreement that dealt with cancellation which would only have efect if those terms were the ones that arrived with the card after the application was signed. Thus the Court ruled the prescribed terms didnt get provided with the application but later which rendered the agreement unenforceable.
ADD

have a read of the judgment and if youre not sure of anything just shout

Thanks again. Ive read most of the link you posted. It makes many references to an application form with a signature. I dont remember any application form and, at the time, i was taking out a mortgage with Barclays, personally handled by a Barclays bank manager and he prompted me to take out the c/cards and open a bank account with them. So it's all a bit of a blur as to what i ever signed. Hoist havent provided a signed copy of an application form, or any other docs with any signature on at all.

[Amethyst]

Re: Hoist/Howard Cohen

Morning xxxx Having a read

Okay looks like you called in reinforcements while I slept You back on track ?

[pt2537]

Re: Hoist/Howard Cohen

Thanks again. Ive read most of the link you posted. It makes many references to an application form with a signature. I dont remember any application form and, at the time, i was taking out a mortgage with Barclays, personally handled by a Barclays bank manager and he prompted me to take out the c/cards and open a bank account with them. So it's all a bit of a blur as to what i ever signed. Hoist havent provided a signed copy of an application form, or any other docs with any signature on at all.

ahh ok, well the above case still holds water here. In wegmuller, the signed app was illegible in part but contained none of the statutory information such as prescribed terms, rights and remedies, so even though in that case they had a signed document it still didnt get them over the line.

People often focus on very narrow points while missing the broader issues around the outside which still can play a part. To quote Bruce Lee — 'Its like a finger pointing away to the moon. Dont concentrate on the finger or you will miss all that heavenly glory.


So while your point about no signed agreement may well be right, lets look at the documents they do have, which still leave them with a problem or three

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Re: Hoist/Howard Cohen

'Its like a finger pointing away to the moon. Dont concentrate on the finger or you will miss all that heavenly glory.

Hahaha, I never expected an Enter the Dragon reference on LB!

How best to draft a defence, given what you say?

[Diana M]

Re: Hoist/Howard Cohen

***BUMP***

Hi, Im so sorry to keep bumping this, you Beagles have so many people to help out, but im so worried that i havent out a defence in yet. Could someone please have a look at the agreement and let me know if its valid, or if i actually have a defence?
tks
ADD

I think you need to call NCCBC on Monday morning to check whether the Claimant has achieved a Default Judgment (i.e. CCJ) against you since you have not filed a Defence to this claim and from what you say the deadline for doing that was a couple of months ago.

You have also posted that the Claimant's solicitors have produced/disclosed documents in response to your s77-79 CCA Request.

Di

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Re: Hoist/Howard Cohen

I think you need to call NCCBC on Monday morning to check whether the Claimant has achieved a Default Judgment (i.e. CCJ) against you since you have not filed a Defence to this claim and from what you say the deadline for doing that was a couple of months ago.
Done; no judgment.


You have also posted that the Claimant's solicitors have produced/disclosed documents in response to your s77-79 CCA Request.
Yes, those docs are attached on page 1 or 2 of this thread. It's a recon agreement, i think you've already read and commented on it.
Di

i think the above is correct, msg me to tell me otherwise

[Diana M]

Re: Hoist/Howard Cohen

i think the above is correct, msg me to tell me otherwise

I don't believe I have commented on any redacted documents you've have posted on the Legal Beagles forum. I simply wouldn't take that risk on behalf of my firm.

Maybe other LB members have ?

I see comments from @pt2537

Diana M