Cohens & CL Finance Claims...Please Help **WON Struck out

[MR2Phil]

Originally Posted by kitchenboy

Hi

Received confirmation from the court regarding the defence. CL Finance now have 28 days to decide if they want to continue otherwise the cases will be stayed.

Tick Tock......

Morning KB,

I am a little further down the line from you...I received notice from the Court on Friday saying that the judge has decided to give CLF and I until April to sort it out amongst ourselves. I don't have the letter with me so can't say exactly, but that was the ned result. I am hoping that CLF will accept a reduced offer as I have always been willing to pay for the goods purchased with the card, but not all the fees they've whacked on top. I estimate the actual goods amount to be just under half. If you bear in mind that they probably bought the debt for a fraction of this then it's gotta be worth a go.

[kitchenboy]

Originally Posted by MR2Phil

Morning KB,

I am a little further down the line from you...I received notice from the Court on Friday saying that the judge has decided to give CLF and I until April to sort it out amongst ourselves. I don't have the letter with me so can't say exactly, but that was the ned result. I am hoping that CLF will accept a reduced offer as I have always been willing to pay for the goods purchased with the card, but not all the fees they've whacked on top. I estimate the actual goods amount to be just under half. If you bear in mind that they probably bought the debt for a fraction of this then it's gotta be worth a go.

Hi MrPhil

I saw somewhere on cag that you should start negotiations at around 10% either way just be strong and stand your ground. I think these clowns will take what they can. Good luck

[kitchenboy]

Hi

Just received the allocation questionnaire form n149. As cl finance/howard cohen still haven't supplied information requested would it be best to follow pt2537's post in the sticky threads regarding this? Directions for N150 or N149 Allocation questionnaire

Also a quick rundown through the rest of the form would be much appreciated.

I have also only received one AQ relating to one case only, should I hang on and wait to see if the other one turns up or do I need to follow this up with the court?

As they refused to send information under a cpr request I did send them a cca and S.A.R - (Subject Access Request) request on the 22/02/08 which they are clearly now in default with should anything be done now regarding this or is it just more ammunition for me to use against them?

How are you doing with your negotiations MR2Phil?

[MR2Phil]

Hi KB.

I sent a letter off last week to CL Finance stating that I felt they were frustrating my attempts at a proper defence, given that they have not supplied me with any of the documents I have requested. I then brought up the fact that they we were asked to enter into negotiations by the court...so reiterated my point that I have never wanted to not pay, but I need to know what I'm paying and cannot do this without the relevant docs.

I asked the court to consider striking the claim out if they did not furnish me with the relevant information before the date the court set, so I guess its a case of 'wait and see'....

Seems like you've got yours well in hand!

[pt2537]

Originally Posted by kitchenboy

Hi

Just received the allocation questionnaire form n149. As cl finance/howard cohen still haven't supplied information requested would it be best to follow pt2537's post in the sticky threads regarding this? Directions for N150 or N149 Allocation questionnaire

Also a quick rundown through the rest of the form would be much appreciated.

I have also only received one AQ relating to one case only, should I hang on and wait to see if the other one turns up or do I need to follow this up with the court?

As they refused to send information under a cpr request I did send them a cca and S.A.R - (Subject Access Request) request on the 22/02/08 which they are clearly now in default with should anything be done now regarding this or is it just more ammunition for me to use against them?

How are you doing with your negotiations MR2Phil?

Hi KB.

If its a N149 and they have not disclosed any documents then there is no harm in following what i have written in the thread you refer to.

the N149 is fairly straight forward to fill in, but if you need any help whatsoever then shout

but submit the AQ as you go, dont wait til the next one turns up

[kitchenboy]

Thanks PT2537. I will keep my fingers crossed for you MRPhil.

[ginnever]

Originally Posted by rory32

You don't need to respond. In fact this plays exactly into your hands. Here is your defence. This is a holding defence and the judge will either order them to issue you with the documents you have asked for by a certain date or throw the case out.

Attach all correspondance - i.e the requests, replies, etc. and also attach this, an N266 notice to admit facts;

http://www.hmcourts-service.gov.uk/c.../n266_0499.pdf

Send everything to the claimant as well as the court with a short covering letter detailing whats enclosed.

RORY PLEASE CAN YOU PASS YOUR COMMENTS ON THIS

am sending this, do you this this is adequate?

DO NOT IGNORE THIS LETTER – LITIGATION ADVICE

I refer to my recent request for information under the Civil Procedure Rules which has not been fully satisfied. In my letter I requested that you sent to me the following documents

1. A true copy of the executed credit agreement and any terms and conditions that applied to the account at the time of default and at the time the account was opened.
COPY OF CCA RECEIVED ONLY PAGE 1/3, NO T&C, NO DATES TO THE SIGNATURES, NO CREDIT LIMIT, AND NO DATE THE ACCOUNT WAS OPENED.

2. All records you hold on me relevant to this case, including but not limited to:
NO DETAILS RECEIVED

a. A transcript of all transactions, including charges, fees, interest, repayments and payments and both the original amount of the loan and any repayments made to it the account.
RECEIVED COPIES OF STATEMENTS BETWEEN MAR 02 & MAY 07 – HOWEVER SEVERAL MONTHS ARE MISSING

b. Transcriptions of all telephone conversations recorded and any notes made in relation to telephone conversations by your company, or by any previous creditor.
NO DETAILS RECEIVED

c. Where there has been any event in my account history over this period which has required manual intervention by any person, I require disclosure of any indication or notes which have either caused or resulted in that manual intervention, or other evidence of that manual intervention in relation to my account formerly held with GE Money
NO DETAILS RECEIVED


d. True copies of any notice of assignment and/or default notice or enforcement notice that you or the original creditor sent me, with a copy of any proof of postage that you hold.
NONE RECEIVED

e. Documents relating to any insurance added to the account, including the insurance contract and terms and conditions, date it was added and deleted (if applicable).
NONE RECEIVED

f. Details of any collection charge added to the account; specifically, the date it was levied, the amount of the charge, a detailed financial breakdown of how the charge was calculated, and what the charge covers.
NO DETAILS RECEIVED

g. Specific details of the fees/charges levied by any other agency in respect of this account and a detailed breakdown of said fees/charges and what each charge relates to and on what date said fees/charges were levied.
NOT RECEIVED

h. A genuine copy of any deed of assignment, or proof that you have a legal right to this money.
A COPY HAS BEEN RECEIVED BUT IT IS QUESTIONABLE

i. A genuine copy of any notice of fair use of my data as required by the Data Protection Act 1998
NOT RECEIVED

j. A list of third party agencies to whom you have disclosed my personal data and a summary of the nature of the information you have disclosed.
NOT RECEIVED

3. Any other documents you will seek to rely upon in court.
NO RECEIVED

4. A copy of your complaints procedure, as required by the Consumer Credit Act 2006.
NOT RECEIVED

5. Clarification of the date you acquired the debt, what organisation you acquired it from, their registered office, their company number (if any) and what legal title they had to this debt, and what credit license number they had at the time that the debt was purchased or entered into.
NO DETAILS RECEIVED

Furthermore, if you can satisfy me that you are the lawful owner of the debt; that the amount stated is correct and you can supply the original credit agreement, please be advised that I am in the position of being able to pay the outstanding amount of the Judgement [ie 7 months x £125].This should prevent the case from going to Court.
NO RESPONSE TO OFFER OF TRYING TO SETTLE AMICABILY

[rory32]

Do you have a thread running on this? Generally it's not necessary to remind them that they haven't complied. Is this for a CCJ or a charging order?

[ginnever]

Yes a CCJ but wanting a final charging order

[rory32]

Do you have a thread running on this?

[ginnever]

Originally Posted by rory32

Do you have a thread running on this?

Hi rory32

yes i do

Cohen & my property


thanks

[ginnever]

any comments from someone please???

[ginnever]

bump...bump...

[car2403]

Originally Posted by ginnever

bump...bump...

What are you bumping, ginnever, as kitchenboy doesn't appear to be waiting on a reply to his thread?

[car2403]

Originally Posted by car2403

What are you bumping, ginnever, as kitchenboy doesn't appear to be waiting on a reply to his thread?

Ok, I just worked it out and replied on your thread - please keep your questions there, so as to not confuse those replying to them.