**DISCONTINUED**Howard Cohan Cockroaches and Co.

[dambuster]

Re: Howard Cohan Cockroaches and Co.

I was in court last week the direction hearing I attended some 2 months a go left it clear what both parties had to do
I sent both to court and hoist by registered post what was required
witch I have prove of receipt from both.

when this weeks hearing started I was shocked the judge claimed he had no defence papers for me how ever he did have my statements (strange as both were sent and sign for at same time)

this was a small claims court the main defence was a failure to issue a CCA request and a case under the misrepresentation act 1967 I also submitted that due to this agreement being from 2006 the courts have no way to enforce the contract because of the said defence and that the agreement was not covered by the 2007act given courts discretion in a case like this.

it was more than clear that I was made to feel I should not be in there playground or be playing with them however after quoting each law with paragraph of what had been a breeched of the act.

I could see it was all going over the judges head so I was left with no choose I could see I was losing the case so that's when

I open the bomb doors ready for the attack The first bomb came down on his desk with a loud shout of illegal notice of assignment both sign and dated by a person who had left the bank eight months before of course he wanted proof so that he can consider it in law this proof again was put right in front of him along with more evidence of this stitch up.

Now faced with the claimant is not even the legal owner I wait for case to be dismissed however the judge sat there looking at the claimants rep then tuned and asked "what do you expect me to do go and make some phone calls"

this was definitely the time to deliver the grand slam yes was my reply to his question and well the court is in the mind to do so ask for there FCC licences number delivering the proof they did not have one

This was game over in law however read on


I watch as he sat back in his chair to deliver in my favour after what was at least five minuets of silence he then said he would have to put case on a another track.
this judge realised that by delivering the verdict in my favourer it meant any other case heard from sep 2014 up till now would become unenforceable on two main points the assignment was illegal and so was going to court
PERG 2.7.8DG
01/04/20141. (1)
Taking steps to procure the payment of a debt due under a credit agreement or aconsumer hire agreement is a regulated activity

they were debt collecting
As for my case and those people that administrate it
it just remains to say for now
"Rules are for the guidance of wise men and the obedience of fools"
and please remember
when Dick Turpin robbed people he had the decency to wear a mask

[pandamonia]

Re: Howard Cohan Cockroaches and Co.

I was in court last week the direction hearing I attended some 2 months a go left it clear what both parties had to do
I sent both to court and hoist by registered post what was required
witch I have prove of receipt from both.

when this weeks hearing started I was shocked the judge claimed he had no defence papers for me how ever he did have my statements (strange as both were sent and sign for at same time)

this was a small claims court the main defence was a failure to issue a CCA request and a case under the misrepresentation act 1967 I also submitted that due to this agreement being from 2006 the courts have no way to enforce the contract because of the said defence and that the agreement was not covered by the 2007act given courts discretion in a case like this.

it was more than clear that I was made to feel I should not be in there playground or be playing with them however after quoting each law with paragraph of what had been a breeched of the act.

I could see it was all going over the judges head so I was left with no choose I could see I was losing the case so that's when

I open the bomb doors ready for the attack The first bomb came down on his desk with a loud shout of illegal notice of assignment both sign and dated by a person who had left the bank eight months before of course he wanted proof so that he can consider it in law this proof again was put right in front of him along with more evidence of this stitch up.

Now faced with the claimant is not even the legal owner I wait for case to be dismissed however the judge sat there looking at the claimants rep then tuned and asked "what do you expect me to do go and make some phone calls"

this was definitely the time to deliver the grand slam yes was my reply to his question and well the court is in the mind to do so ask for there FCC licences number delivering the proof they did not have one

This was game over in law however read on


I watch as he sat back in his chair to deliver in my favour after what was at least five minuets of silence he then said he would have to put case on a another track.
this judge realised that by delivering the verdict in my favourer it meant any other case heard from sep 2014 up till now would become unenforceable on two main points the assignment was illegal and so was going to court
PERG 2.7.8DG
01/04/20141. (1)
Taking steps to procure the payment of a debt due under a credit agreement or aconsumer hire agreement is a regulated activity

they were debt collecting
As for my case and those people that administrate it
it just remains to say for now
"Rules are for the guidance of wise men and the obedience of fools"
and please remember
when Dick Turpin robbed people he had the decency to wear a mask

What are the benefits of going to small claims? When they ask you do you agree with the small claims track? Why not say no? It certainly raises the stakes in terms of their costs and at least the judge will have an idea of what hes talking about...

Also what was illegal with the notice/deed of assignment of your debt?

[dambuster]

Re: Howard Cohan Cockroaches and Co.

e benefits of going to small claims? When they ask you do you agree with the sWhat are thmall claims track? Why not say no? It certainly raises the stakes in terms of their costs and at least the judge will have an idea of what hes talking about...

Also what was illegal with the notice/deed of assignment of your debt?

the deed was sign by a person who had left there job at the bank eight months before the assignment was signed if you dont have the job you cant sign the assignment

[pandamonia]

Re: Howard Cohan Cockroaches and Co.

the deed was sign by a person who had left there job at the bank eight months before the assignment was signed if you dont have the job you cant sign the assignment

How did you find this out?

[dambuster]

Re: Howard Cohan Cockroaches and Co.

and like you why was it in the small claims track? howevere unenfocable is the same in whatever court its in

[dambuster]

Re: Howard Cohan Cockroaches and Co.

How did you find this out?

when you get court papers there is there witness statement all paperwork is signed and dated now you have a name just get on and do some homework linkin is a wonderful place to parade yourself

[pandamonia]

Re: Howard Cohan Cockroaches and Co.

when you get court papers there is there witness statement all paperwork is signed and dated now you have a name just get on and do some homework linkin is a wonderful place to parade yourself

Yes not a bad idea. Do you have any specific guidance about the notice of assignments and deed of assignments in regards to things to look out for?

[dambuster]

Re: Howard Cohan Cockroaches and Co.

Yes not a bad idea. Do you have any specific guidance about the notice of assignments and deed of assignments in regards to things to look out for?

i dont know about the rules on assignments i do no they use it because if it was by novation
then the sale would need your total agreement and a new contract to the sale of the debt .
what you should do when checking the notice of assignments
make sure dates are the same the amounts are the same and most of all that the person selling the debt on the part of the Leander is in fact still employed by them

my bank has drop a clanger now they have confirmed today that a update to the forms never took place until a year after this person left the bank there for debt now has no rights of assignments please please also check any default notices
i was never put into default by my bank because there were under a CCA request breach however Cockroaches and Co have produced one as part of there witness statement
The maths is so bad that they are £96.00 out on there figures again if a document is wrong you cant relied on it for your case

can the person who said they had a email from the FCA please put a copy of the reply on here the one where they said its a commercial decision to take court enforcement

[andi-leigh2]

Re: Howard Cohan Cockroaches and Co.

Dambuster

Are you saying that HPH2 Ltd (Jersey) who do not have current TCA authorisation have no right to be collecting or attempting to collect, and it is the lack of such authorisation that caused the Judge to decide in your favour and kick out case ? Am I understanding this correctly because if so this is an important milestone in all current cases as far as I can see.

[andi-leigh2]

Re: Howard Cohan Cockroaches and Co.

I spoke to a non-legally trained muppet at the FCA on Monday regarding this issue - she was clueless - front line telephone calls. I asked if all calls are recorded and she confirmed that they were. She said that she would mail me confirming my complaint and that she would also pass it to the relevant department (Compliance & Enforcement) ?? The laws regarding this are very vague and in a grey area, and it was bad enough the OFT being totally inept and dragging their heels like they did with HFO et al, and it now appears that the FCA are acting in a similar fashion. Needless to say, still no email, no phone calls, no nothing at all. Back on phone tomorrow I think and also email to them. Totally unfit for purpose the muppets on the shop floor. When HFO were misbehaving themselves, there was a third party website which collated all of the info from everyone at the time who was at war with them, which became an invaluable tool which ultimately bought about their downfall and put pressure on the OFT to act, although sadly it took them ages. Maybe we need something for the latest set of parasites to accumulate all their wrongdoings and publicise it.

[andi-leigh2]

Re: Howard Cohan Cockroaches and Co.

i dont know about the rules on assignments i do no they use it because if it was by novation
then the sale would need your total agreement and a new contract to the sale of the debt .
what you should do when checking the notice of assignments
make sure dates are the same the amounts are the same and most of all that the person selling the debt on the part of the Leander is in fact still employed by them



my bank has drop a clanger now they have confirmed today that a update to the forms never took place until a year after this person left the bank there for debt now has no rights of assignments please please also check any default notices
i was never put into default by my bank because there were under a CCA request breach however Cockroaches and Co have produced one as part of there witness statement
The maths is so bad that they are £96.00 out on there figures again if a document is wrong you cant relied on it for your case

can the person who said they had a email from the FCA please put a copy of the reply on here the one where they said its a commercial decision to take court enforcement

It may well be a "Commercial Decision" to attempt recovery & collection action, but whoever is making that decision must be in a legally allowable position to do so. Rather like a transport firm putting a new lorry on the road, that's a "Commercial Decision", but they can't do anything with that truck until they have the operators licence for that particular vehicle. Its all a play on words. Whatever they say a good contra-analogy can always be found that makes sense. They are just full of nonsense, and generally unhelpful and naïve to what is really going on in the industry of which they work. Its just a job to them, but the consequences of their actions / decisions affects peoples' lives.

[pandamonia]

Re: Howard Cohan Cockroaches and Co.

CONC 7.15.10

R

01/04/2014
A lender must not initiate legal proceedings in relation to a regulated credit agreement where the lender is aware that the customer has submitted a valid complaint or what appears to thefirm may be a valid complaint relating to the agreement in question that is being considered by the Financial Ombudsman Service





So it turns out that if you complain to the FOS they cant take out a CC on you! So in theory you can tie them up in knots long enough to get some of the debts barred!

This is a plan!

[pandamonia]

Re: Howard Cohan Cockroaches and Co.

CONC 7.13.12

G

01/04/2014
CONC 1.2.2 R requires a firm to ensure its employees and agents comply with CONC and that it takes reasonable steps to ensure other persons who act on its behalf do so.



CONC 7.13.13

R

01/04/2014
A firm must ensure that a third party engaged by it, where required, has the appropriate Part 4A permission to engage in the regulated activities undertaken in the course of the third party’s business.







Has anyone else considered that fact of the above rules CONC. To be held accountable to the FCA you have to be regulated by them and authorised. So if you are not FCA approved then the above rules cant be enforced. The only way 7.13.12 can be a rule at all is if the company who owns the debt is held to the rules themselves. By not being FCA approved then none of the CONC can be applied. Therefore every person including the Legal Firm whos job is debt collection enforcement also have to be FCA approved. Howard Cowen are not FCA approved either! So by Robinson way asking H&C to write to me threatening legal action they are also breaching the CONC as the old system no longer allows them to operate under the old umbrella

CONC 7.13.13

R

01/04/2014
A firm must ensure that a third party engaged by it, where required, has the appropriate Part 4A permission to engage in the regulated activities undertaken in the course of the third party’s business.


(as defined in section 55A of the Act (Application for permission)) a permission given by theFCA or PRA under Part 4A of the Act (Permission to carry on regulated activities), or having effect as if so given.

1. (1) CONC 1.2.2 R requires a firm to ensure its employees and agents comply with CONCand that it takes reasonable steps to ensure other persons who act on its behalf do so. This rule would apply where a debt collector acts as agent or on behalf of a lender. - Yet another example of FCA licence needed by the OWNER of the debt!

[pandamonia]

Re: Howard Cohan Cockroaches and Co.

Just like to say that Joanna Collony Solicitors took care of this debt which was over 12k. Well worth what it cost me to defend it. They discontinued before court.

I am now bad Debt free with a mortgage and an interest free loan after 7 years of no credit!

Many thanks to Di and Jo.

[Joanna C]

Re: Howard Cohan Cockroaches and Co.

Just like to say that Joanna Collony Solicitors took care of this debt which was over 12k. Well worth what it cost me to defend it. They discontinued before court.

I am now bad Debt free with a mortgage and an interest free loan after 7 years of no credit!

Many thanks to Di and Jo.

Pleased we were able to assist you in this case.