OH -v -Mr Cohen Again!!

[BeauBrummie]

Just an update to this thread..........

 

Cohens have applied for Summary Judgement and it will be heard in early August.

 

This I think was prompted by me writing to Cohens and telling them that it was my opinion that the account had been terminated unlawfully.

 

Now, I have told them that it is my "opinion" that the account has been terminated unlawfully, without telling them why.

 

Would it be worth writing too them again pointing out the error in the DN or just wait for the hearing? It just seems a bit flimsy to go into court on just this one line of attack.

 

Any thoughts please

 

Thanks

 

Beau

[Mightyacorn]

Just an update to this thread..........

 

Cohens have applied for Summary Judgement and it will be heard in early August.

 

This I think was prompted by me writing to Cohens and telling them that it was my opinion that the account had been terminated unlawfully.

 

Now, I have told them that it is my "opinion" that the account has been terminated unlawfully, without telling them why.

 

Would it be worth writing too them again pointing out the error in the DN or just wait for the hearing? It just seems a bit flimsy to go into court on just this one line of attack.

 

Any thoughts please

 

Thanks

 

Beau

 

 

Did you CPR them, was there a reply (knowing Cohen's as I do you'll have got the standard "we don't need to reply" letter) and have you submitted a defence ?

[BeauBrummie]

Did you CPR them, was there a reply (knowing Cohen's as I do you'll have got the standard "we don't need to reply" letter) and have you submitted a defence ?

 

Hi Mightyacorn,

 

Yes CPR 31.14 sent and used 31.5 for an extension of time - ultimatley the agreement is good but the DN is not.

 

Unusually Cohens did reply, and seem to think they are onto a winner by going for SJ??

 

Beau

[supasnooper]

.......and if there are problems with the Default Notice then Cohens should not get Summary Judgment.

 

Read this link - B_R_W's post on DN's

 

and this one on the 7 point test for Summary Judgment - SUMMARY JUDGMENT – SEVEN POINT TEST - Alway Associates

[diddydicky]

Just an update to this thread..........

 

Cohens have applied for Summary Judgement and it will be heard in early August.

 

This I think was prompted by me writing to Cohens and telling them that it was my opinion that the account had been terminated unlawfully.

 

Now, I have told them that it is my "opinion" that the account has been terminated unlawfully, without telling them why.

 

Would it be worth writing too them again pointing out the error in the DN or just wait for the hearing? It just seems a bit flimsy to go into court on just this one line of attack.

 

Any thoughts please

 

Thanks

 

Beau

 

 

no. just defend the application and claim your costs

 

they are testing your resolve

[Davetherave12]

How did the hearing go yesterday BeauBrummie?, I have a similar hearing next month. Same as you also, as soon I challenged them they have gone for SJ too!!

[BeauBrummie]

I was not able to attend court so I am waiting for the Judges decision by snail mail. End of week I would of thought

 

Beau

[Davetherave12]

I have had a couple of instances where I have not attending hearings and it has come back to bite me!! Have you had experience of this, I take it you must be pretty confident with your defence!!

[BeauBrummie]

Not confident at all, but I have seen the same judge on 3 different occasions now, getting a bit embarrasing. My defnce is good on this - a point of law so that gives me a liitle bit of belief and if it goes wrong there is the option to appeal.

 

Beau

[someone_else]

Has this account been bought by CL Finance? If so you might want to check the balance on the Notice of Assignment as in my experience the balance they put on the Notice isn't the same balance that you owed to the Original Creditor, CL seem to add charges to the accounts after buying them but before notifying you and if the amount on the Notice doesn't match the Deed it can render the Assignment ineffectual.

 

Also I don't think the Default Notice could be valid no matter when it was received as it wants payment within 14 days of reciept, however the regs state you need 14 clear days, so for them to get the payment you'd need to pay before the 14 days are up.

[Davetherave12]

Any news from the court yet Beau?? My hearing is in 3 weeks, going to attend though!!