Perhaps ida can help I am sorry but this is a bit over my head.

Polite cough please can someone help with the skeleton?

If you google the address for Geoffrey Parker Bourne it also shows a door to door collection agency called Face2Face contact !!!

Dont mind devils advocate spamhead I would prefer to know rather than write to them and be made to look a k**b. Thanks for the input.

Would one of the site team please comment on post #13 as this affects most of the posters on this and other threads regarding the sending of a letter from a "solicitor" which is possibly just a bulk letterhead sent from the same office.

Would this not be covered by Data Protectioni.e passing details to a 3rd party and also should a default notice be sent with an opportunity to remedy the breach before involving this firm of "solicitors" if indeed that is what they are.

Thanks

Complaint sent to FOS along with copies of all correspondance. Thanks all for your input will keep you informed of any developments.

I am no legal minded person but while having a little dig around I found this and wondered if this could be used against Howard Cohen in view of their continued insistance in taking on cases totally without merit. http://www.justice.gov.uk/civil/procrules_fin/contents/practice_directions/pd_part03c.htm Just in case the link does not work it is about civil restraint orders.

Bump again

Extremely polite bump

Link are really taking the p**s got an updated statement from them which says that a payment made earlier this year didnt clear when their previous statement showed it as paid. I checked with the bank and it has been paid so I couldnt help phoning them. Got some ar*ehole who tried to get on his high horse but he lost.They really are chancers.

Thanks will this suffice or does it need more detail? IN THE CASE OF HOWARD COHEN V MRS BATMAN 1956 CASE NUMBER XXXXXXX I would like the court to consider the following points in regard of the above claim. I raise these points in an effort to save the valuable time of the court. 1.)The Claimant has sent to me a letter dated xx/xx/xxxx stating that due to the age of the account they are unable to supply any CCA as required by CCA 1974. A copy of this letter has been sent with my original defence for your perusal. 2.)It is believed that the alleged debt is statute barred under the Limitations Act 1980 as the last activity on the account was more than 6 years ago. 3.)The claimant has not forwarded to the defendant ANY of the documents ordered by the court at the original hearing My full defence raises many more points for which the claimant has not proven either ownership of the alleged debt or even that the defendant is the debtor and I respectfully ask the court to consider striking out the above claim.

Anyone?

Bump anyone. How do I do a skeleton argument? Would it be similar to the defence except just the most relevant points? i.e lack of cca, statute barred, etc.etc.

I am sure that someone who is better than me will answer that.

This letter sent after the 12+2 days puts the account in dispute. Again anyone with better knowledge than me is welcome to amend or inform you if I am wrong You have failed to respond to my legal request to supply me a true copy of the original Consumer Credit Agreement for the above account. On (date) I made a formal request for a true signed agreement for the alleged account under consumer credit Act 1974 s77/8. This was signed for as delivered on the (date) You have failed to comply with my request, and as such the account entered default after 12+2 working days pursuant to the consumer credit act 1974 The document that you are obliged to send me is a true copy of the executed agreement that contained all of the prescribed terms, all other required terms and statutory notices and was signed by both your company and myself as defined in section 61(1) of CCA 74 and subsequent Statutory Instruments. If the executed agreement contained any reference to any other document, you are also obliged to send me a copy of that document. In addition a full statement of this account should have been sent to me detailing all debits and credits to the account. This limit has expired. As you are no doubt aware section 78(6) states: If the creditor fails to comply with Subsection (1) (a) He is not entitled , while the default continues, to enforce the agreement. Therefore this account has become unenforceable at law. As you have failed to comply with a lawful request for a true, signed copy of the said agreement and other relevant documents mentioned in it, Failed to send a full statement of the account and Failed to provide any of the documentation requested. You will also be aware of the CPUTR 2008 and the OFT's guidelines on debt collection which state under the title Deceptive and/or unfair methods - Examples of unfair practices are as follows - 2.8 (i) - 'Failing to investigate and/or provide details as appropriate, when a debt is queried or disputed, possibly resulting in debtors being wrongly pursued' (k) - 'Not ceasing collection activity whilst investigating a reasonable queried or disputed debt' Consequentially any legal action you pursue will be averred as both UNLAWFUL and VEXATIOUS. Furthermore I shall counterclaim that any such action constitutes unlawful harassment. Please note you may also consider this letter as a statutory notice under section 10 of the Data Protection Act to cease processing any data in relation to this account with immediate effect. This means you must remove all information regarding this account from your own internal records and from my records with any credit reference agencies. Should you refuse to comply, you must within 21 days provide me with a detailed breakdown of your reasoning behind continuing to process my data. It is not sufficient to simply state that you have a ‘legal right’; You must outline your reasoning in this matter and state upon which legislation this reasoning depends. Should you not respond within 14 days I expect that this means you agree to remove all such data. Furthermore you should be aware that a creditor is not permitted to take ANY Action against an account whilst it remains in dispute. The lack of a credit agreement is a very clear dispute and as such the following applies. * You may not demand any payment on the account, nor am I obliged to offer any payment to you. * You may not add further interest or any charges to the account. * You may not pass the account to a third party. * You may not register any information in respect of the account with any credit reference agency. * You may not issue a default notice related to the account. I reserve the right to report your actions to any such regulatory authorities as I see fit. You have 14 days from receiving this letter to contact me with your intentions to resolve this matter which is now a formal complaint.

Thanks again, we are aware that it will be statute barred and it is a point that was missed in the original defence. From what my wife tells me it would appear that the statements that they produced could be a photoshop job but as Howard Cohen have failed to supply a copy of them (as ordered by the court) it is impossible to scrutinise them and get any information..i.e dates amounts etc. and also their admission of no CCA makes it almost certain that they are trying it on.

It has never been acknowledged at all and the last payment which was shown on photocopied statements shown at the hearing was in 2002. There were apparently 2 pages of statements shown at the hearing which Cowards were ordered to send to my wife which have not been forthcoming. I am of the opinion that this may well be a phishing trip. The only thing we have from them is the letter stating no CCA is available no NOA no default notice nothing. What would be the best way to put a skeleton arguement? Is there a proper document to use?

Yes both Howard Cohen and the court are aware that no CCA is available. A copy of the letter from the claimant was sent with the defence to the court and the following was included as a point in the defence The claimant has sent to the defendant a letter stating that the written agreement is not available due to the age of the alleged account. For ease of reference this letter is dated xxth xxxxxxxx 2009 and the claimants reference is xxxxxxxxxx Any suggestions how to proceed would be gratefully recieved

I am no expert but in my opinion for the sake of a quid it would be worth sending the request if only to find out what they have, if anything. Also if they dont supply it within 12+2 days then you can put it in dispute and legally it cannot be passed on. I am sure that if I am wrong on this someone will be on to correct me. Or you could click on the red triangle to alert the site team.

Thanks for that. We need to be proactive, so is there anything that we need to do? Up to now we have no paperwork from Howard Cohen other than a letter stating that "Due to the age of the debt it is not possible for them to supply the CCA."

Have you cca'd lowell?

Have a look at this http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/210451-lowell-go-all-ebay.html

Just called the court and have been informed that an allocation hearing has been scheduled, what is this for?