I used to admit the debt before I found this forum and now I defend because in the end if you do lose you can only pay what you can afford.

Who are the claimants - have CL Finance or Link bought the debt.

Both hopeless

and if it is CL Finance it will be Howard Cohen - even better.

I used to admit the debt before I found this forum and now I defend because in the end if you do lose you can only pay what you can afford.

 

Who are the claimants - have CL Finance or Link bought the debt.

 

Both hopeless

 

and if it is CL Finance it will be Howard Cohen - even better.

The claimants are CL Finance and it is Howard Cohen. Have you had dealings with them?

Oh yes and countless others, they are hopeless. They will hope that you don't defend and get judgment. They are like rabbits in a headlight when you do. Our case was struck out when they failed to provide the hearing fee - they are well and truly skint - CL Finance are owned by Cattles.

They asked for mediation and still didn't produce the documents. Matter went back to court and now it has been struck out and CL Finance to pay our costs.

Have they provided anything yet.

HH

Hi

I have just received a claim form submitted by Howard Cohen & Co to Northampton CC in relation to by Deenhams store card.

I have been down the route of requesting a copy of the original CCA. All that has been provided is a copy of an application form which I signed in 1998 (I will scan this in later and post here). A default notice has been issued and looks to have all the required information (again I will scan and post here).

Because the could not produce a properly executed agreement, or at least are claimimg that a copy of the application form is a properly executed agreement, I wrote to Santander (Copy to Viking) giving them formal notice that the account is in dispute.

It appears that Santander and/or Viking (it was never very clear as they were both writing to me at the same time) have now assigned the debt to Cohn & Co who in turn have issued a claim through the courts.

My first reaction is to submit a N244 Application and have the case transferred to my local County Court. At the same time I want to submit a defence - this is where I need some help.

Can anyone share with me the wording I can use on the Defence and Counterclaim form? Do I offer a defence even though I acknowledge the debt or do I just submit a counterclaim because they can not produce a properly executed agreement?

Here is the Application form that Santander claim is a properly executed agreement and a copy of the DN.

Please could someone helpme put together my defence/counterclaim? I have no reservations about appearing in court - they can not have what I have not got and actually if they have been acting inappropriately I want a judge to note the same.

You need to start your own thread Monty, especially over something as important as a court claim. In the Legal section would be best.

You need to start your own thread Monty, especially over something as important as a court claim. In the Legal section would be best.

Sorry for gate crashing!!!! I have started my own thread in legal as advised

Thnak you

It's been a while now and I have not heard anything from Howard and Cowen the last letter they did send to me said that one of the options were that they would try to petition for my bankruptcy. Which scares my alot and I was wondering if that happens, will I lose my car? it's a vauxhall astra 2003 I bought it for £1,700 but I think it's worth more.

Will it be taken of me. It's just I do need it as I'm dissabled and it has dissabled tax. If it's taken from me I won't be able to use public transport because I need assistance to do so and taxi is to expensive. I would try selling it and getting something cheeper but this was all I could afford in the first place if I sell my car and get a cheaper car if thats even possible then it will end up costing me more in the long run on parts and repairs. Please help. Worried.

i would very doubt they would take a disabled persons car

I've learned that the official Reciever will take any car valued over £1,000 to sell and give £500 to be shared among creditors and £500 to you to buy another car. Dissabled or not.

[/url]

If someone could give me a yes or no then that would be great. I could do something about it before it' to late. As if I loose my car I will be housebound. My car is not a luxury it's a necessity for my independence and motability. Yes it is a big car and that's because I need to fit my wheelchair in the back and the extra space in the drivers seat for comfort for my dissability. I have nothing against small cars my first car was a fit cinq. lol.

I could sell the car I have now and buy someting smaller and cheaper.

I think the Parkers guide is valuing my car for more than it's worth. I only paid £1,800 and they value it privately in good condition at £2,000. I should be so lucky to get that if I sold it. It would be lucky if I even got £1,300 for it.

2003/03 Vauxhall Astra Hatchback 1.6i Club 5d Valuation - Parker's

Try not to worry too much, as yet you haven't even received any court papers, besides BR is only one way of getting you to cough up, and is normaly the very first threat these kind of people like to threaten you with initially, so please do try not to worry, it is almost always a threat and nothing more, besides, it isn't up to them to decide if you are made BR, it is up to the courts, which you will be informed of court proceedings prior to any judgement being made, and where you will be able to submit a defence.

Have a read of the following and search the info:

Bankruptcy - The Bankruptcy Process

Thank you for you reply.

I really would like to know if the worst happens will I lose my £2K car?

I've had the court papers and I've sent my defence and I've sent H&C the CPR request. Have not recieved a reply yet.

If they manage to obtain a CCJ against you a judge will look at your circumstances and make an order which he believes you can reasonably afford to pay & this can be as little as £1 per month. As long as you pay this order your property including your car is safe, no-one can send bailiffs in without a court order.

Going off topic a bit, have you thought about the Motability car scheme Nicola? Nobody will ever be able to touch that. I have my car on Motability, and I think it's a great scheme :)

Motability

Thank you for all your replies. I've taken on board all that has been said and read through all the information.

Yes I have thought about the mobility scheme before I bought my last car and I decided against it because it was so expensive. I would be giving the mobility scheme nearly £200 a month which is £2,400 in 1 year. I saved £200 every month for 1 year and managed to buy myself a car that now belongs to me.

I just want to say that I am the registered keeper of the vehicle. I am not however the legal keeper of the vehicle. I did pay for it out of my DLA that I saved but I did not purchase the vehicle. It was purchased by a family member for me. I gave them the money and they purchased it and there name is on the receipt. So as far as I know and let me know if I'm wrong please. In legal terms I am not the legal owner of the vehicle even though my money paid for it but a family member bought it. So in theory no one can take it from me.

Yes you are correct. As Far as I know, the Legal OWNER of the car is the person who paid for it.

Thge reason I say that is because, if you purchase a car from the garage on the never never (HP) then unless you pay more that 3/4 of the loan the vehicle does not belong to you, and they are then able to take it back from you.

So if the car was bought by someone else, and given to you as a gift, 18th birthday say, then no you are not the legal owner of that vehicle as they can say when and if you need to sell it, after all, they paid for it!

Registered keeper, and Legal owner are entirely different..

Boo;)

UPDATING:

So in the end I did decide to defend myself to the hilt against these annoying idiots. I replyed to the County Court claim form in the response pack. I filled in the Acknowledgement of service within 14 days of the claim form being recieved. Which then gave me 28 days from the date of service to file my defence. I also did that too. Defended my claim.

It was then transferred to my local court after filing my defence. I was then sent an allocation questionnaire to complete which I filled in and sent back. Now here comes the annoying bit. I got a letter today from the court saying the claim has been struck out due to no attendance for both parties. It would of been nice to know the date of the hearing. I was never sent a directions form N157 OR N160 telling me the time and date for the hearing. I didn't even recieve a notice of allocation to the small claims track (hearing) letter.

Is a strike out good news?

I'm now wondering what I need to do to complain about not recieving a time and date for the hearing? I've checked my mail twice to see if I've missed this letter and to no avail. I'm just so glad the other side did not turn up either or I'd be sitting on a CCJ. I'm so annoyed right now. Please advice really needed.

I would probably ring up the court the hearing was at, and ask them why you hadn't received notification of the date of the hearing, I find that very very odd?

If both parties failed to show, then surely that could mean that, neither of you were informed of the hearing date, or the claimant was informed and failed to pass this on to you, or they were informed and failed to show.

Either way it has been struck out so they would need to go through the whole process again. But I would get to the bottom of why you weren't informed of the hearing date..

PART 27 - THE SMALL CLAIMS TRACK - Ministry of Justice

look i think i can be of help here,

i actually work for santander cards collections AND viking collections

im one of thsoe people who call up and ask for your money lol

just tell them that you want a PTPV arrangement that will allow you to pay a certain amout over 3 months, after the 3 months the arrangement can be set up again

they will probably devide your balance by 3 and ask you to pay that 3rd of your balance every month

but you will most likely be able to barge your way into paying less than that

if you can get a referance number from the ccca or cab then ciking will be able to freeze your interest on a financial difficulties block

if you need anyhting else to do with these type of collections ive got the inside info

pm please

DON'T PM HIM!

Have you made the site team aware that you 'may' be in a position to help people?

Asking for people to PM you is not going to help anyone especially if your a troll.

FORUM RULES.

i actually work for santander cards collections AND viking collections

 

pm please

One of the golden rules - do not PM people you're not sure of, especially newbies. Even though he says he works for the company, it's oh so easy to identify someone and turn the screws even further. Of course, he's not going to mention any of the nasty tricks they play...