Gomez100 vs Howard Cohen

[charitynjw]

Re: Gomez100 vs Howard Cohen

Hi Gomez.

What reason did they give for not accepting the CCA request/returning the £1?

[Gomez100]

Re: Gomez100 vs Howard Cohen

They acknowledged the request, and said the accounct is now with the solicters.

[charitynjw]

Re: Gomez100 vs Howard Cohen

So you still don't know whether this relates to a loan, an overdraft or something else?

Have you tried phoning the original creditor, HSBC?

[Gomez100]

Re: Gomez100 vs Howard Cohen

I just spoke to the court about the extension, they are still looking at emails from previous days and say to phoneback on Friday, as it stands my defence is due Monday.

I couldnt locate any paperwork re loan or overdraft , should I call HSBC to try to find out?

- - - Updated - - -

and nothing from Cohens still

[charitynjw]

Re: Gomez100 vs Howard Cohen

Ok

Post #14, you say you've informed the court, by land mail & email, of the agreed extension.
Did you send a copy of the claimant's letter?
Did you get proof of posting for the Royal Mail letter?

[Gomez100]

Re: Gomez100 vs Howard Cohen

Yes, I sent a copy of the claiments letters to the court, but didnt get proof of postage, I could send another today if that would help.

[Gomez100]

Re: Gomez100 vs Howard Cohen

can anyone take a look at my defence please:
1: I received the claim xxxxxxxxxx from the County Court Business Center Northampton 30/06/2016

2: Each and every allegation in the Claimants statement of case is denied unless specifically admitted in this Defence.

3: This claim is for an overdraft facility but without further details the Defendant is unable to identify such an account within his own records.

4: The Claimants statement of case fails to give adequate information to enable me to properly assess my position with regards the claim.

5. The particulars of claim fail to state when the agreement was entered into.

6. The Claimants statement of case states that the debt was assigned from HSBC to MKDP LLP no date specified. The Defendant does not recall receiving notice of
this assignment.

7: On the 5/7/2016 I sent a request for inspection of documents mentioned in the claimants statement of case under Civil Procedure Rule 31.14 to Howard Cohen and CO.
I requested the Claimant provide copies of the Agreement/Contract, Notice of Assignment, Formal Demand and Statements and a breakdown of how the amount claimed
had been arrived at

8. Howard Cohen and CO have not sent any of these documents to me.

9 The Parties agreed to an extension to the time period allowed for filing of my defence under CPR 15.5 to allow the Claimants additional time to produce the
relevant documentation to evidence their claim, however they have failed to do so.

10. Under Civil Procedure Rule 16.5 (4) Where the claim includes a money claim, a defendant shall be taken to require that any allegation relating to the
amount of money claimed be proved unless he expressly admits the allegation. Therefore It is expected that the Claimant be required to prove the allegation
that the money is owed as claimed.

11. I request the court orders the Claimants to provide the necessary documentation in order for me to fully plead my case else the Claim should stand struck out.

12. In the event that the relevant documents are received from the Claimants I will then be in a position to amend my defence, and would ask that the Claimants
bear the costs of the amendment.

13. It is denied that the Claimant is entitled to the relief as claimed or at all.

Statement of Truth

The Defendant believes that the facts stated in this Defence are true.



Signed …………………………………………

Dated .................................................. ....


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[Amethyst]

Re: Gomez100 vs Howard Cohen

That sounds good Paragraph 9 I might put in the extension end date.

Also where you have put Howard Cohen & Co I would add , the Claimant's Solicitor, at least to the first mention of them, just for clarity.

Para 8 - Neither MKDP LLP nor Howard.........

[Gomez100]

Re: Gomez100 vs Howard Cohen

Many Thanks

[Gomez100]

Re: Gomez100 vs Howard Cohen

Defence has been filed and accepted by the court, i recieved the DQ questionare this week, i have still not received anything from Cohens regarding the my CPR request, am I too late to amke an application to th court for the CPR documents?

[nemesis45]

Re: Gomez100 vs Howard Cohen

Defence has been filed and accepted by the court, i recieved the DQ questionare this week, i have still not received anything from Cohens regarding the my CPR request, am I too late to amke an application to th court for the CPR documents?

Hi,

I note that earlier in the thread that you " thought " you had taken out a Loan rather than an OD have you checked to see if you had a loan and an overdraft with the bank?

It's not unknown for such debts to be consolidated to one account as an OD which is harder to challenge than a Loan.

I personally at this time don't think it's worth the cost of an " unless" order to get the documents.

nem

[Gomez100]

Re: Gomez100 vs Howard Cohen

Yeah , its an OD, consolitated from a loan, just before I lost my job

Thanks nem

[nemesis45]

Re: Gomez100 vs Howard Cohen

Yeah , its an OD, consolitated from a loan, just before I lost my job

Thanks nem

That's rather unfair in my opinion a loan can be challenged under the provisions of the Consumer Credit Act 1974 , where as the OD cannot.

I still think though you could request the agreement for the loan now via a CCA request I am sure the neither the claimant nor the solicitors know the truth of this debt.

I need to check a few things before going deeper into this,.

Do you know which was the larger debt loan or OD?

I will get back to you poss Mon PM when I've got more.

nem

[Gomez100]

Re: Gomez100 vs Howard Cohen

sorry nem, I'm not firing on all cylinders, it was not a loan , it was from a credit card, they transfered it to an overdraft. the card was at about 8k and after transfering it, i got it down to to just under 6k then lost job.

[nemesis45]

Re: Gomez100 vs Howard Cohen

sorry nem, I'm not firing on all cylinders, it was not a loan , it was from a credit card, they transfered it to an overdraft. the card was at about 8k and after transfering it, i got it down to to just under 6k then lost job.

No problem G same thoughts on this CC or loan it's no matter one is regulated the other not.

nem