CL Finance Ltd/ Howard Cohens

[Dizzy]

Re: CL Finance Ltd/ Howard Cohens

In theory bundles should be exchanged 14 days before the hearing (sorry can't remember if you had a court order on this)
Monday should be fine as Howard will be late anyway.

Yes the hearing is 17 Feb.

If I prepare the witness statement using Orfosters example, would you mind reading it to ensure it is ok please?

[Curlyben]

Re: CL Finance Ltd/ Howard Cohens

go for it.

The really important stuff is the failure of assignment as per s136 and s196 of Law of Property 1925 as well as their abuse of CPR processes.

[Dizzy]

Re: CL Finance Ltd/ Howard Cohens

Thanks Curlyben, I still feel sick about the whole thing because it is my stupid mistake that I haven't been paying my creditors and I have been and am still burying my head in the sand. But the mention of court just makes me dudder especially as this is my first experience of someone taking me to court.

[Dizzy]

Re: CL Finance Ltd/ Howard Cohens

Hi Curlyben

Attached is the witness statement for your perusal, pretty please.

[Curlyben]

Re: CL Finance Ltd/ Howard Cohens

It's late I'll read through tomorrow.

[Dizzy]

Re: CL Finance Ltd/ Howard Cohens

It's ok I didn't expect you to read through it this evening. Thanks

[Dizzy]

Re: CL Finance Ltd/ Howard Cohens

Hi Curlyben

I received the witness statement from HC today together with the documents which includes the signed credit agreement. The original that I have got which I kept from when I opened the account is not signed.

They have also enclosed copy credit card statements and copy default notice and the notice of assignment.

[Curlyben]

Re: CL Finance Ltd/ Howard Cohens

About time to.
Now this NoA whos it from ?

Can you scan the WS and throw it my way, might be useful

[Dizzy]

Re: CL Finance Ltd/ Howard Cohens

Thanks for your prompt reply CB

The notice of assignment was from CL Finance but they didn't send it recorded delivery and it arrived a day after I received the court papers back in September. I've attached the WS. Thanks

[Curlyben]

Re: CL Finance Ltd/ Howard Cohens

So it was headed CL saying they have been assigned the debt ??

[Dizzy]

Re: CL Finance Ltd/ Howard Cohens

No it was on Howard Cohen headed paper stating that they act for CL Finance

[Curlyben]

Re: CL Finance Ltd/ Howard Cohens

Hehehe well that complies with s136 and s196 of LoP.... NOT !!!

So they have zero legal right to even start this action.

[Dizzy]

Re: CL Finance Ltd/ Howard Cohens

Should I still submit my witness statement? Sorry, did you get a chance to read through it?

[Curlyben]

Re: CL Finance Ltd/ Howard Cohens

Check your PM's first/
It looks good, but just need to be certain.

[Dizzy]

Re: CL Finance Ltd/ Howard Cohens

Apologies for my ignorance but what are PM's?