URGENT Please can I have your help with CL Finance / H. Cohen and County Court Claim

[Born To Be]

Hi everyone,

 

My story isn't that unusual on here and I have read a few of the threads but remember being told whenever you need personal help then start your own thread.

 

In August 1998 I opened a Debemhams store card, the creditor was GE Money. I ran the card ok and was upgraded to a Gold Card then fell into financial difficulty when going on long term sick followed by maternity leave followed by unemployment whilst I attend university to complete my degree.

 

To cut to the chase - approx 3 years ago I agreed and maintained a token payment of £2 per month the interest was stopped and everything was ok until I received a statement from CL Finance - I didn't receive any other correspondence I rang them and they told me they were now looking after my account but nothing would change and my payments would stay the same. I continued making my payments to GE Money and I continued to get statements from CL.

 

In September 2008 I requested a copy of my agreement and statements, I was thrown when they provided the same and so I didn't take any action as I assumed the agreement was enforcible (photobucket copy below)

 

In July 2009 I changed bank accounts and the standing order didn't go through, I subsequently (perhaps my biggest mistake) paid £4 to CL Finance by debit card to cover July and August and reset my standing order back up to GE Money - however the reference I used was the CL Finance reference.

 

I received letters stating they hadn't received payment, I rang them told them the dates payments had been made, they then issued with me with county court papers dated 23rd November (link to photobucket below)

 

I rang again and they asked me to forward proof of the payments and they would delay the claim which I did, I didn't hear anything more from them so as I was aware time was running out I rang them this afternoon and was told as it was my fault that the payments were not being received (their reference and GE Money's bank account details) if I paid £149 solicitors and court costs (by debit card over the phone) they would allow me to return to my old £2 per month payment regime - I asked for this to be put in writing. The court costs amount to £125 so I don't know where this figure has come from - they also claimed the claim date was 16th November not 23rd as it says on the court paperwork - this was the date they instigated the claim they said and that this was the date that I had to work to (16th).

 

I need to know what to do - I understand I have until 12th December to submit acknowledgement of service then 26th December to submit defence - I simply don't know if I have a leg to stand on - Can someone help me out - thanks in advance

 

 

 

Edited December 17, 2009 by Born To Be

[kurvaface]

Is that a valid cca...does it have all the right info on it?

[postggj]

First Thing Is Dont Panic

As This Is Carter, Half The Battle Is Allready Over

 

You Said The Account Was Opend In 1998

When Was The Last Payment Made To Ge, Not Cl Finance

 

ANY DEFAULT NOTICE FROM GE

 

ANY NOTICE OF ASSIGNMENT SENT TO YOU EITHER FROM CLUELESS OR GE

[Born To Be]

Hi the last payment left my bank account on 1st December 2009 to go to GE - thanks for the reply

[kurvaface]

are you thinking statute barred?

[Born To Be]

and yes account was opened 31st August 1998 - I've just noticed there is no date under my signature

[postggj]

Any Default Notice

Notice Of Assignment Etc

[Born To Be]

They claim to have provided these - I've never received them and neither are mentioned on the POC

[postggj]

SEND THIS TO COHEN BY RECORDED DELIEVERY

 

KEEP AN EYE ON THE TIME SCALES

 

WAIT FOR THE WHITE FLAG

 

This letter was drafted by X20 a reputable member...but perhaps the thread will also put the disclosure process in context for you Mel...

 

Quote:

Dear Sir,

 

Re: (Claimant's name) v (Your name) Case No:

CPR 31.14 Request

 

On (date) I received the Claim Form in this case issued by you out of the (Name) County Court.

 

I confirm having returned my acknowledgement of service to the court in which I indicate my intention to contest all of your claim.

 

[Prior to the issue of proceedings I had delivered a request for the production of the agreement mentioned in the Claim Form and on which you rely. That request was ignored][delete if no such request was delivered]

 

Please treat this letter as my request made under CPR 31.14 for the disclosure and the production of a verified and legible copy of [each of the following / the] document(s) mentioned in your Particulars of Claim:

 

1 the agreement. You will appreciate that in an ordinary case and by reason of the provisions of CPR PD 16 para 7.3, where a claim is based upon a written agreement, a copy of the contract or documents constituting the agreement should be attached to or served with the particulars of claim and the original(s) should be available at the hearing. Further, that any general conditions incorporated in the contract should also be attached.

 

2 the assignment*

 

3 the default notice*

 

4 the termination notice*

 

5 [any other documents mentioned in the Particulars of Claim]*

 

* delete if not mentioned in the Particulars of claim.

 

[Although your claim is for a sum which is not more than £5,000.00 and will in all likelihood be allocated to the small claims track for determination upon my delivering a defence, at this moment in time I have not delivered my defence and the case has not been allocated to a track. In consequence the provisions of CPR 27(2) are of no effect and you should not seek to avoid compliance with your CPR 31 duties by claiming otherwise]#

 

# delete if claim for a sum exceeding £5,000.00

 

You should ensure compliance with your CPR 31 duties and ensure that the document(s) I have requested are copied to and received by me within 7 days of receiving this letter. Your CPR 31 duties extend to making a reasonable and proportionate search for the originals of the documents I have requested, the better for you to be able to verify the document's authenticity and to provide me with a legible copy. Further, where I have requested a copy of a document, the original of which is now in the possession of another person, you will have a right to possession of that document if you have mentioned it in your case. You must take immediate steps to recover and preserve it for the purpose of this case.

 

Where I have mentioned a document and there is in your possession more than one version of that same document owing to a modification, obliteration or other marking or feature, each version will be a separate document and you must provide a copy of each version of it to me. Your obligations extend to making a reasonable and proportionate search for any version(s) to include an obligation to recover and preserve such version(s) which are now in the possession of a third party.

 

In accordance with CPR 31.15© I undertake to be responsible for your reasonable copying costs incurred in complying with this CPR 31.14 request.

 

If you require more time in which to comply with this request you must tell me in writing. You must tell me before the time for compliance with this request has expired. In telling me you require more time you must tell me what steps you have taken and propose to take in order to comply with this request and also state a date by when you will comply with this request. In addition your statement must be accompanied with a statement that you agree to an extension of the time for me to file my defence. Your extension of time must be not less than 14 days from the date when you say you will have complied with my request and you must state the new date for filing my defence.

 

If you are unable to comply with this request and believe that you will never be able to comply with this request you must tell me in writing.

 

Please note that if you should fail to comply with this request, fail to request more time or fail to agree to an extension of time for the filing of my defence, I will make an application to the court for an order that the proceedings be struck out or stayed for non-compliance and a summary costs order.

 

I do hope this will not be necessary and look forward to hearing from you.

 

yours faithfully

 

I hope this draft will prove useful to site members experiencing uncertainty as to how best to deal with the claim where they do not have what are highly relevant documents.

 

Next time, I will produce a draft application notice for when the Claimant fails to comply with a CPR 31.14 Request.

[havinastella]

What is the amount owed and how much is he claiming?

 

Jogs

[kurvaface]

you can ask for them under CPR 31.14

 

oops...said already

Edited December 10, 2009 by kurvaface
oops

[postggj]

Cohen As A Rule Will Not Respond To This, We Then Put In An Embarrassed Defence

 

Cohen Is Then History As A Rule Then

 

He Does Not Like A Trial

[Born To Be]

Hi the amount is £700 ish plus costs (didn't know if I could leave this on the scanned in document)

Edited December 17, 2009 by Born To Be

[kurvaface]

Think you should remove the bar code.

 

This is an old account. Have you a 6 year period anywhere in the last 11 years where you haven't paid or acknowledged the account that would allow it to be statute barred?

[postggj]

Hi the last payment left my bank account on 1st December 2009 to go to GE - thanks for the reply

 

 

THIS IS NOT STATUTE BARRED

[Born To Be]

Thanks everyone, just finished the letter but don't know if I sign it with my "real" signature in pen or do a typed in signature - can you advise please

[postggj]

You Can Print

 

I Sign And Put A Line Through It With A Marker Pen

 

That Way They Cant Lift It And Cut And Paste

 

(alleged)

[Born To Be]

Thank You - I finally feel like I can breathe again

[postggj]

Ive Delt With Cohen On More Than One Occassion

 

He Is Predictable

[kurvaface]

In August 1998 I opened a Debemhams store card, the creditor was GE Money. I ran the card ok and was upgraded to a Gold Card then fell into financial difficulty when going on long term sick followed by maternity leave followed by unemployment whilst I attend university to complete my degree.

 

To cut to the chase - approx 3 years ago I agreed and maintained a token payment of £2 per month

 

I'm thinking of this bit postggj

[postggj]

No Wories

 

We All Have To Learn

 

Making Mistakes Is Part Of The Routine

 

You Should See The Ammount Of Times I Get Cagbooted

 

The All Seeing Eye Of The Site Team Never Goes Away

 

You There 42man

[Born To Be]

I know I may sound totally inept but what is an embarrassed defence?

 

Also I now have until 26th December to submit my defence to the court - what do I submit? Sorry I'm asking so manyt questions I am a little worried about the court business.

[postggj]

I Have The Embarassed Defence For You When Needed

 

Give Me A Bump In Seven Days

 

We Have To Give Cohen An Oppertunity To Respond To The Cpr Request. We Know He Will Ignore But Its All Pre Action Protocol

 

The Embarassed Defence Tells The Judge That Cohen Has Ignored A Legal Request

 

A Strike Out Is Then On The Cards And Cohen Knows This

 

Its All In Hand

 

Just Send Off That Cpr Request By Recorded Delievery To Cohen In The Morning

 

and acknowledge service if you have not done so yet

 

do it on line with the password on the claim form

[havinastella]

I think Kurvaface meant that there was a huge gap between 1998 and 3 years ago! (2006)

 

Was there ANY gap of more than 6 years in payments between 1998 and 2006?

[postggj]

sorry kurvaface

 

missed that

def need glasses