• Welcome to the LegalBeagles Consumer and Legal Forum.
    Please Register to get the most out of the forum. Registration is free and only needs a username and email address.
    REGISTER
    Please do not post your full name, reference numbers or any identifiable details on the forum.

Hoist/Howard Cohen

Collapse
Loading...
X
  • Filter
  • Time
  • Show
Clear All
new posts

  • #76
    Re: Hoist/Howard Cohen

    "Did you sign anything when you opened the account"

    Unlikely; iirc bank managers applied for them on your behalf if you were taking out a mortgage.

    Comment


    • #77
      Re: Hoist/Howard Cohen

      Hi again. Would someone please be able to look again at that agreement. I desperately need to get a defence in and time is ticking away. It's a massive headache, i know, but i really dont want a judgement against me.
      thanks in advance
      ADD

      Comment


      • #78
        Re: Hoist/Howard Cohen

        ***BUMP***

        Hi, Im so sorry to keep bumping this, you Beagles have so many people to help out, but im so worried that i havent out a defence in yet. Could someone please have a look at the agreement and let me know if its valid, or if i actually have a defence?
        tks
        ADD

        Comment


        • #79
          Re: Hoist/Howard Cohen

          Originally posted by ADDLED View Post
          ***BUMP***

          Hi, Im so sorry to keep bumping this, you Beagles have so many people to help out, but im so worried that i havent out a defence in yet. Could someone please have a look at the agreement and let me know if its valid, or if i actually have a defence?
          tks
          ADD
          Hi

          ive been back through the thread with my old tired eyes and i cannot see the agreement anywhere. can you point me to it please?

          - - - Updated - - -

          ignore my last post, ive found it on a link in sharons post.
          I work for Roach Pittis Solicitors. I give my free time available to helping other on the forum and would be happy to try and assist informally where needed. Any posts I make on LegalBeagles are for information and discussion purposes only and shouldn't be seen as legal advice. Any advice I provide is without liability.

          If you need to contact me please email me on Pt@roachpittis.co.uk .

          I have been involved in leading consumer credit and data protection cases including Harrison v Link Financial Limited (High Court), Grace v Blackhorse (Court of Appeal) and also Kotecha v Phoenix Recoveries (Court of Appeal) along with a number of other reported cases and often blog about all things consumer law orientated.

          You can also follow my blog on consumer credit here.

          Comment


          • #80
            Re: Hoist/Howard Cohen

            The terms and conditions appear to be the same as the case of HFO v Wegmuller, which is reported on Bailii here http://www.bailii.org/ew/cases/Misc/2012/19.html

            If youve made a request under s78 CCA then the document doesnt appear to me to be easily legible either

            On wegmuller, i was able to argue that the terms provided, which Mr WEgmuller accepted were the only terms he had and they arrived with the card, were not present when the agreement was signed. This was evident from the terms, for exampel there was a clause in the agreement that dealt with cancellation which would only have efect if those terms were the ones that arrived with the card after the application was signed. Thus the Court ruled the prescribed terms didnt get provided with the application but later which rendered the agreement unenforceable.

            have a read of the judgment and if youre not sure of anything just shout
            I work for Roach Pittis Solicitors. I give my free time available to helping other on the forum and would be happy to try and assist informally where needed. Any posts I make on LegalBeagles are for information and discussion purposes only and shouldn't be seen as legal advice. Any advice I provide is without liability.

            If you need to contact me please email me on Pt@roachpittis.co.uk .

            I have been involved in leading consumer credit and data protection cases including Harrison v Link Financial Limited (High Court), Grace v Blackhorse (Court of Appeal) and also Kotecha v Phoenix Recoveries (Court of Appeal) along with a number of other reported cases and often blog about all things consumer law orientated.

            You can also follow my blog on consumer credit here.

            Comment


            • #81
              Re: Hoist/Howard Cohen

              Originally posted by pt2537 View Post
              Hi

              ive been back through the thread with my old tired eyes and i cannot see the agreement anywhere. can you point me to it please?

              - - - Updated - - -

              ignore my last post, ive found it on a link in sharons post.
              Tks pt, its on the frst page iirc.
              Tks, I'll pour a small glass of red, put me feet up and have a read....
              Last edited by ADDLED; 25th July 2017, 22:41:PM. Reason: to thank pt

              Comment


              • #82
                Re: Hoist/Howard Cohen

                Originally posted by ADDLED View Post
                Tks pt, its on the frst page iirc.
                Tks, I'll pour a small glass of red, put me feet up and have a read....
                I've replied to your PM.

                Di

                Comment


                • #83
                  Re: Hoist/Howard Cohen

                  Originally posted by Diana M View Post
                  I've replied to your PM.

                  Di
                  Thanks.

                  Comment


                  • #84
                    Re: Hoist/Howard Cohen

                    Originally posted by pt2537 View Post
                    The terms and conditions appear to be the same as the case of HFO v Wegmuller, which is reported on Bailii here http://www.bailii.org/ew/cases/Misc/2012/19.html

                    If youve made a request under s78 CCA then the document doesnt appear to me to be easily legible either

                    On wegmuller, i was able to argue that the terms provided, which Mr WEgmuller accepted were the only terms he had and they arrived with the card, were not present when the agreement was signed. This was evident from the terms, for exampel there was a clause in the agreement that dealt with cancellation which would only have efect if those terms were the ones that arrived with the card after the application was signed. Thus the Court ruled the prescribed terms didnt get provided with the application but later which rendered the agreement unenforceable.
                    ADD

                    have a read of the judgment and if youre not sure of anything just shout
                    Thanks again. Ive read most of the link you posted. It makes many references to an application form with a signature. I dont remember any application form and, at the time, i was taking out a mortgage with Barclays, personally handled by a Barclays bank manager and he prompted me to take out the c/cards and open a bank account with them. So it's all a bit of a blur as to what i ever signed. Hoist havent provided a signed copy of an application form, or any other docs with any signature on at all.

                    Comment


                    • #85
                      Re: Hoist/Howard Cohen

                      Morning xxxx Having a read

                      Okay looks like you called in reinforcements while I slept You back on track ?
                      #staysafestayhome

                      Any support I provide is offered without liability, if you are unsure please seek professional legal guidance.

                      Received a Court Claim? Read >>>>> First Steps

                      Comment


                      • #86
                        Re: Hoist/Howard Cohen

                        Originally posted by ADDLED View Post
                        Thanks again. Ive read most of the link you posted. It makes many references to an application form with a signature. I dont remember any application form and, at the time, i was taking out a mortgage with Barclays, personally handled by a Barclays bank manager and he prompted me to take out the c/cards and open a bank account with them. So it's all a bit of a blur as to what i ever signed. Hoist havent provided a signed copy of an application form, or any other docs with any signature on at all.
                        ahh ok, well the above case still holds water here. In wegmuller, the signed app was illegible in part but contained none of the statutory information such as prescribed terms, rights and remedies, so even though in that case they had a signed document it still didnt get them over the line.

                        People often focus on very narrow points while missing the broader issues around the outside which still can play a part. To quote Bruce Lee — 'Its like a finger pointing away to the moon. Dont concentrate on the finger or you will miss all that heavenly glory.


                        So while your point about no signed agreement may well be right, lets look at the documents they do have, which still leave them with a problem or three
                        I work for Roach Pittis Solicitors. I give my free time available to helping other on the forum and would be happy to try and assist informally where needed. Any posts I make on LegalBeagles are for information and discussion purposes only and shouldn't be seen as legal advice. Any advice I provide is without liability.

                        If you need to contact me please email me on Pt@roachpittis.co.uk .

                        I have been involved in leading consumer credit and data protection cases including Harrison v Link Financial Limited (High Court), Grace v Blackhorse (Court of Appeal) and also Kotecha v Phoenix Recoveries (Court of Appeal) along with a number of other reported cases and often blog about all things consumer law orientated.

                        You can also follow my blog on consumer credit here.

                        Comment


                        • #87
                          Re: Hoist/Howard Cohen

                          Originally posted by pt2537 View Post
                          'Its like a finger pointing away to the moon. Dont concentrate on the finger or you will miss all that heavenly glory.
                          Hahaha, I never expected an Enter the Dragon reference on LB!

                          How best to draft a defence, given what you say?

                          Comment


                          • #88
                            Re: Hoist/Howard Cohen

                            Originally posted by ADDLED View Post
                            ***BUMP***

                            Hi, Im so sorry to keep bumping this, you Beagles have so many people to help out, but im so worried that i havent out a defence in yet. Could someone please have a look at the agreement and let me know if its valid, or if i actually have a defence?
                            tks
                            ADD
                            I think you need to call NCCBC on Monday morning to check whether the Claimant has achieved a Default Judgment (i.e. CCJ) against you since you have not filed a Defence to this claim and from what you say the deadline for doing that was a couple of months ago.

                            You have also posted that the Claimant's solicitors have produced/disclosed documents in response to your s77-79 CCA Request.

                            Di

                            Comment


                            • #89
                              Re: Hoist/Howard Cohen

                              Originally posted by Diana M View Post
                              I think you need to call NCCBC on Monday morning to check whether the Claimant has achieved a Default Judgment (i.e. CCJ) against you since you have not filed a Defence to this claim and from what you say the deadline for doing that was a couple of months ago.
                              Done; no judgment.


                              You have also posted that the Claimant's solicitors have produced/disclosed documents in response to your s77-79 CCA Request.
                              Yes, those docs are attached on page 1 or 2 of this thread. It's a recon agreement, i think you've already read and commented on it.
                              Di
                              i think the above is correct, msg me to tell me otherwise

                              Comment


                              • #90
                                Re: Hoist/Howard Cohen

                                Originally posted by ADDLED View Post
                                i think the above is correct, msg me to tell me otherwise
                                I don't believe I have commented on any redacted documents you've have posted on the Legal Beagles forum. I simply wouldn't take that risk on behalf of my firm.

                                Maybe other LB members have ?

                                I see comments from @pt2537

                                Diana M

                                Comment

                                View our Terms and Conditions

                                LegalBeagles Group uses cookies to enhance your browsing experience and to create a secure and effective website. By using this website, you are consenting to such use.To find out more and learn how to manage cookies please read our Cookie and Privacy Policy.

                                If you would like to opt in, or out, of receiving news and marketing from LegalBeagles Group Ltd you can amend your settings at any time here.


                                If you would like to cancel your registration please Contact Us. We will delete your user details on request, however, any previously posted user content will remain on the site with your username removed and 'Guest' inserted.

                                Announcement

                                Collapse

                                Support LegalBeagles


                                Donate with PayPal button

                                LegalBeagles is a free forum, founded in May 2007, providing legal guidance and support to consumers and SME's across a range of legal areas.

                                See more
                                See less

                                Court Claim ?

                                Guides and Letters
                                Loading...



                                Search and Compare fixed fee legal services and find a solicitor near you.

                                Find a Law Firm


                                Working...
                                X