Fish Out Of Water needs Help - CL FINANCE/COHEN Claim Form

[curiodeb]

Hi Guys! Have just joined site today after searching the net for some help and hope there is someone out there who can advise me on what to do next.

Had an Evans card account with GE Money which defaulted, and after a few months on a payment arrangement I got a statement from CL Finanace?? saying that I should continue to make payments to them as normal. I made 3 payments (each of £50) to them but still with confusion as to who they were, ran into some finacial difficulty recently and missed last months payment and yesterday recieved a claim form issued by HOWARD COHEN & CO??

 

Have never been in this situation before and don't know what to do next?? The level of worry this is causing is making me ill can anyone help me please..

 

Many thanks for looking at this,

kind regards Debbie

[honey5]

hello and welcome

 

i think this post may be moved to the debt forum http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/

 

dont panic someone will be there to hold your hand and guide you every step of the way

 

I would suggest you familiarise yourself with the site, read as much as possible, use the search facility at the top of the forum and enter HOWARD COHEN & CO

 

good luck

honey x

[curiodeb]

Dear Honey

 

Many thanks for your reassuring words! Its good to know there are people willing to help!!

 

Regards Deb

[curiodeb]

Hi Guys! Here is an update of proceedings, I filed an AOS with the courts to give me more time with the intention of defending part of the debt (intend to claim back charges etc). I wrote to Cohens and CL Finance offering an ex gratia full and final settlement of £2000 (bearing in mind the sum filed at court is £3950) and stated that this was non negotiable and if not accepted intended to defend the debt and in which case would need them to supply me with all account information as you suggested under CPR. Have received reply this morning that reads:

 

Dear Me

 

Re: CL Finance v Me

Northampton County Court Case *****

 

We refer to your letter date *** in which you have made an offer of payment on this account. The offer of payment contained in your letter is unacceptable to our client but they are willing to accept an offer of £3560.00 in full and final settlement of this account.

 

You have also made a request for information under the Civil Procedure Rules. We are not obliged to provide this information and would advise that the particulars of the clam detailed in the countty court form be sufficient to allow you to respond accordingly.

 

If you are unable to pay the account in full please respond to the claim form with either an appropriate defence or an admission and offer of repayment. Failure to do so will reult in a judgement being entered without refernce to you.

 

Your sincerely

Howard Cohen & Co

 

I really do not know where to go now, are they trying it on to see if I will offer more or do they not care if this goes to court and I offer to pay only £10 per month. They haven't supplied any documents for me to file my defense and to see how many charges there are and I really need those. What is your advise for response?? Offer a bit more or submit that they will not supply requested information?? I have until 12th July to file defense,

cheers Deb

[maroondevo52]

Hi, Deb.

 

I'll ask a Mod to move this thread to the Debt Collectors Forum.

You'll get all the help you need in there

 

Regards.

 

Scott.

[AndyOrch]

Hi Debs and welcome to Cag

 

Firstly is it possable you could post up the following details of your case in order to advise further

 

Claiments P.O.C (partiulars of Claim)

Copy of the CPR 18 Request you made

 

Can I recommend not admitting any liability for the debt, partial or otherwise. If the credit agreement has not been provided by CL Finance as the result of a CCA request, then you have no way of ascertaining if the contract is legally valid under the CCA 1974. In the absence of this information, you are unwisely, in my opinion, admitting liability for a debt, that hasn't been proven to exist or one that conforms to the requirements of the CCA 1974.

 

You might be thinking that of course a debt exists! However, for the purposes of the law, the existence of the debt is determined by a credit agreement being furnished by your creditors and one that is deemed to be properly executed, which means its layout and content conforms to what the CCA 1974 prescribes.

 

You have tried the reasonable approch and found to your taste that they want to play hardball. I would suggest changing your plea to defend all for that simple reason outlined in their responce to your letter.

 

I trust the above is helpful.

 

Regards

Andy

Edited June 26, 2008 by Andyorch

[curiodeb]

Hi everyone...newbie posting in the wrong place, please see this same thread in debt collection forum!

 

Regards Deb