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aBitofaPickle

CL/Cohen court claim form - old HSBC Loan debt need help

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I received a claim form Cohen today re their client CL Finance. It is for an debt with HSBC.

 

The history of this is a loan with First Direct. All paid fine until a change of circumstances, spoke to and managed by CCCS at first at payments of £5 per month. That became too much for me to pay and I stopped about a year ago. As I had moved house the next thing I had was a telephone call November '07) for my new address, which I gave them. I then received a letter from HSBC 27th November informing me that my debt had been sold to CL. Included was a letter from CL. I have uploaded attachments of these, but not sure how to get them to show in the post.

I have seen a similar thread from someone else dealing with the same company and assume the best course is to follow their action.

With a letter to CL asking for the relevant information to prepare my defense.

The court particulars state that the account was maintained without sufficient funds to meet withdrawals, but this was a loan account that I only paid back to, it was not a regular bank account.

court doctored.pdf

CL1-doctored.pdf

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First things first you need to send in the acknowledgement of service ticking you intend to defend the claim. This then gives you 28 days from service to respond. Before I can give you any further advice would need to see thier POC as it appears you have only uploaded the front page. If you would prefer you can PM it to me.

Kind regards

 

Mark


Please Click The Scales if I have been of help to you.

 

 

Kensington Mortgages withdrawn. no costs

NatWest Settled in full

Abbey Court Settled in Full

Capital 1 settled in full

Halifax settled in full :D

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I can scan in later when I have more time, but there's nothing else on there except the court response pack, which consists of;

Admission Form N9A

Defence and counterclaims N9B

Acknowledgment of service

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The history of this is a loan with First Direct.

So not an overdraft then? This is not the first time that a loan has suddenly become an overdraft when a court claim has been filed.
I have seen a similar thread from someone else dealing with the same company and assume the best course is to follow their action.
Depends which thread it is. You do need to send a request for info under the CPR's.
If you would prefer you can PM it to me.

I would strongly advise that documents are kept on the open forum with the view that any advice given on them can be corrected by other users if in any way incorrect. Advice given by PM can not be corrected. Also other users can not follow your progress.

HAVE YOU BEEN TREATED UNFAIRLY BY CREDITORS OR DCA's?

 

YOU CAN NOW COMPLAIN TO THE OFT ABOUT THEIR CONDUCT UNDER THE CONSUMER PROTECTION FROM UNFAIR TRADING REGULATIONS 2008.

 

 

 

Complaint to the OFT about DCA's threatening legally action on statute barred accounts

 

BEWARE OF CLAIMS MANAGEMENT COMPANIES OFFERING TO WRITE OFF YOUR DEBTS.

 

 

Please note opinions given by rory32 are offered informally as a lay-person in good faith based on personal experience. For legal advice, you must always consult a registered and insured lawyer.

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I can scan in later when I have more time,

No need to. The POC are sufficent.

HAVE YOU BEEN TREATED UNFAIRLY BY CREDITORS OR DCA's?

 

YOU CAN NOW COMPLAIN TO THE OFT ABOUT THEIR CONDUCT UNDER THE CONSUMER PROTECTION FROM UNFAIR TRADING REGULATIONS 2008.

 

 

 

Complaint to the OFT about DCA's threatening legally action on statute barred accounts

 

BEWARE OF CLAIMS MANAGEMENT COMPANIES OFFERING TO WRITE OFF YOUR DEBTS.

 

 

Please note opinions given by rory32 are offered informally as a lay-person in good faith based on personal experience. For legal advice, you must always consult a registered and insured lawyer.

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No need to. The POC are sufficent.

 

Your right of course Rory, if that is all the detail they have provided. I must say though, that it has to be one of the worst POC's I have seen. It is almost as if they expect it to go undefended and summary judgement issued without the need for documentation.


Please Click The Scales if I have been of help to you.

 

 

Kensington Mortgages withdrawn. no costs

NatWest Settled in full

Abbey Court Settled in Full

Capital 1 settled in full

Halifax settled in full :D

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CL file these all the time and their POC's are all equally as poor as the one shown. You're right, they do expect it to go undefended - in this case, however, they will be sorely disappointed


HAVE YOU BEEN TREATED UNFAIRLY BY CREDITORS OR DCA's?

 

YOU CAN NOW COMPLAIN TO THE OFT ABOUT THEIR CONDUCT UNDER THE CONSUMER PROTECTION FROM UNFAIR TRADING REGULATIONS 2008.

 

 

 

Complaint to the OFT about DCA's threatening legally action on statute barred accounts

 

BEWARE OF CLAIMS MANAGEMENT COMPANIES OFFERING TO WRITE OFF YOUR DEBTS.

 

 

Please note opinions given by rory32 are offered informally as a lay-person in good faith based on personal experience. For legal advice, you must always consult a registered and insured lawyer.

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This was the post I was thinking of.

The response pack says I can go to MCOL to defend it, but do I need to send the acknowledgment back first?

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Should I use the letter form that post and if so do I send it to CL or Cohen? and is t 14 days i need to give them to respond?

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Should I use the letter form that post and if so do I send it to CL or Cohen? and is t 14 days i need to give them to respond?

 

 

Hi there,

You should send the acknowledgment of service from the court pack back to the Northampton County Court. I think you can do this electronically. They should then send the file to your local county court.

The letter should be sent to the solicitors who filed the claim. Add onto the heading 'CPR 18.1'. That's the section of the Civil Procedure Rules that require them to disclose the documents.

You should give the solicitors a reasonable time to respond but there is a short time frame. You should file your defence within 28 days of service, i.e. by 16 January so you shouldn't give them too long. I'd request a reply by 7 January and file a defence on 14 January. If you haven't received a notification of transfer from your local court by that date, file your defence with Northampton CC. They will pass it on but it will be regarded as filed when it hits Northampton.


Arrow Global/MBNA - Discontinued and paid costs

HFO/Morgan Stanley (Barclays) - Discontinued and paid costs

HSBC - Discontinued and paid costs

Nationwide - Ran for cover of stay pending OFT case 3 yrs ago

RBS/Mint - Nothing for 4 yrs after S78 request

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I did all this and heard nothing back from anyone yet. I realise it is difficult over the Christmas period, but is there something I should be moving on with now?

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Did you receive written confirmation back from Northampton that you had acknowledged the claim. If not phone them NOW,

 

As for Cohens they are probably crapping themselves that someone dared challenge them and are probably looking for a real solicitor to pull them out of the hole they have dug themselves into.


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I spoke to the court they received the acknowledgement, I have until the 18th Jan to file my defence. I posted the letter to Cohen on 22-12-07 and it was signed for 02-01-08.

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Well my partner is in more or the less the same situation but for a sum of under 800 ! She recived the same POC as well so I will be following the advice here if thats ok !

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Well the fact that they have failed to supply you with a CCA is a complete defence to any action. However PT2537 has a good thread on here of the actual wording for a set aside


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I don't think so. I have just received the POC for a claim they are making. I need to send in my defence before the 18th January, there isn't a CCJ yet! Hopefully won't be either.

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oh sorry, i thought ODC was referring to setting aside a county court judgment

 

sorry

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It may be actually, I'm not sure what I need to do now, send in a defence or an application to set aside>

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Hi aBitofaPickle

 

i think i will have to have a read through the thread,

 

i just replied to what ODc was asking without reading fully,

 

i have some cases to deal with so please bear with me as i will be alittle busy today

 

regards

paul

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It may be actually, I'm not sure what I need to do now, send in a defence or an application to set aside>
An application to set aside the SD costs nothing and is quite a simple process

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whoops

 

ill take my foot out of my mouth

 

Sorry ODC, i assumed you were meaning a set-a-side for a ccj,

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whoops

 

ill take my foot out of my mouth

 

Sorry ODC, i assumed you were meaning a set-a-side for a ccj,

Think of me as a Site Helpers Helper. I know you are posting on loadsathreads and get confused. Fortunately the OP hasnt got to the CCJ stage yet, just another DCA trying the SD ploy

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