curiodeb/Howard Cohen **Case Struck out**

[AndyOrch]

Hi Debs

 

1. Did you recieve a Default Note and if so post up same?

2 .Did you recieve a copy of the N.O.A and if so post up same?

 

Use Photobucket for the above. (remove all personal details first)

 

And here is your response

 

Post this to the Court and to the Claiments Sols Next day Gtd Del

 

Its time to crank up the pressure

 

 

 

 

 

 

 

 

 

For the Attention of the Case Manager

in the matter of

 

 

 

CL Finance

 

V

 

CurioDebs

 

 

Claim Number

 

In Northhampton Court

 

 

 

 

 

Northhampton County Court

4th Floor St Katharines House

21-27 St Katherines Street

 

 

 

Your Address

 

Dear Sir or Madam,

 

RE: FAILURE BY CLAIMANT TO PROVIDE INFORMATION

 

I would like to inform the court of some difficulties that I am experiencing

with this claim, which may prevent me filing a fully particularised defence

and counter claim to this action, and may consequently frustrate proceedings.

 

On insert date, I sent the claimant a formal request under the consumer credit agreement, for account. I requested a copy of the credit agreement, a statement of account, and copies of the relevant terms and conditions. I have still not received this information.

 

On insert date, I also sent a request under the Civil Procedure Rules, for the claimant to send me information in respect of each account in the claim, that I consider is vital in order to produce a defence and counter claim.

 

I enclose a copy of this letter and Reply, and ask that the court consider the matter and take any action it deems appropriate.

 

 

Yours Sincerely,

 

(print Name)

Enc:-letter requesting disclosure.CPR 18/copy of Solicitors Response

 

 

 

I trust the above is of help

 

Regards

Andy

Edited June 26, 2008 by Andyorch

[curiodeb]

Thanksagain Andy...I'm on the case!! I have never recieved a N.O.A. I am going to look for the default...I think that was sent to me by GE ages ago will post up later on.

 

Will get letters in post today and await a response!

Feeling loads better already!!

[zazen.warrior]

Don't forget to enter an embarrased holding defense within the timeframe or they will win by default.

[AndyOrch]

Debs

 

BTW did you contact Court re Plea (you can PM if you prefer) and can you confirm your deadline for defence submission?

 

 

Regards

Andy

[curiodeb]

Contacted court re changing plea and I was told it doesn't matter if i ticked part of debt I can still enter defence of all and counter claim. I must submit defence by 12th July.

[curiodeb]

Off to find default and post letters, thanks again Andy, be back shortly,

Regards Deb

[AndyOrch]

Ok Debs

 

Ok all bases covered for now if you do get chance please post up copy of default notice (remove personal details).

In hindsight i would not attach a copy of the Sols letter for the Courts attention at this stage, I have my reasons.But ammend above letter to their response ie include the section where they state " 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 county court form be sufficient to allow you to respond accordingly"

 

(Apoligies if you have already printed out)

 

Regards

Andy.

Edited June 26, 2008 by Andyorch
addition

[curiodeb]

Hi Andy, too late about sols letter, had already printed forms and got them in the post before I read your post. Is it drastic or will it be ok?

[AndyOrch]

Hi Debs

 

Dont worry it will be fine was just a thought i had but its ok lets proceed as planned

 

Andy;)

[curiodeb]

Ok! Phew, just going to root out that default. Can't tell you how much I appreciate your support!! Will post it up when I find it, regards Debs

[AndyOrch]

Thats fine Debs btw thank you for your kind comments and rep glad to be able to help. I think it's so important where possible, to help others. If you have knowledge the best thing you can do is share it

 

Try not to let this stress you out, easier said than done I know, but life is too short to make yourself ill over a debt. If you can, try and compartmentalise, so that you only think about it when you have paperwork to deal with concerning the case. The best thing you can do for yourself and is get on with life and not let the likes of C L Finance occupy your thoughts and grind you down. There is a lot to be said for not worrying/panicking, as it really is counter-productive to resolving an issue. There is always, however difficult a situation might appear to be, a logical/rational solution to the problem.

 

With your case, you have to put forward as many strong arguments as you can to either make C L Finance run away, get rid of the debt in entirety, or reduce it to £5. Not all companies have the stomach for a full on Court battle, so this might be over before you know it!

 

I trust the above clarifies your concerns

 

Andy:)

[curiodeb]

Hi Andy!

 

Good advice...will try best to chill tonight now. Well after exhaustive paperwork search only default notice I can find is one by GE from Feb this year:

 

 

 

Hope this helps...we can (PM) tomorrow if you have any more thoughts on the situation. Cheers, Debs

[AndyOrch]

Hi Debs

 

Sorry for the delay in my response.Ok on the face of that it looks fine with reference to the perscibed terms form and layout.

However there might be other faults with it, given that penalty charges were added after it was issued ,therefore rendering it invalid and unenforcable.

I notice a figure of £1242.58 this is the arrears figure.Does this tie in with your full debt balance less penalty charges /interest?

Did the DN have your correct full name and address and postcode?

 

You have a further very strong argument at your disposal, that will cause them problems. You should have been issued with a Notice of Assignment(NoA). If you didn't receive it and they issued proceedings having not provided you with it, they cannot enforce the debt. If you did receive one chances are it will be flawed and again, they won't be able to enforce the debt. One example of it being flawed, would be if the penalty charges have been included in the amount being requested and/or any other charges levied by the owners of the debt, that there is no provision for in the contract. It must clearly state on the letter that it is a NoA also. If they can't get past the issues to do with the NoA, then forget about having to argue about the agreement, the case will be over before it starts. Notice of the Assignment is absolutely vital, to comply with s136 of the Law of Property Act 1925, which deals with assignments.

The NoA /DN are your strongest argument and I would be very surprised indeed if they prove to be enforceable. Companies screw up with paperwork most of the time and NoA's are no exception!

 

I am aware that you have requested CPR disclosure and requested a copy of your CCA1974 within that request but to make sure all bases are covered i would request same again seperatly from CL finance Sols.

I know its a bit like closing the stable door after the horse has bolted but we need to have this request on file in preperation for your defence.

 

You will find the template here http://www.consumeractiongroup.co.uk...templates.html

 

letter N ,include a PO for £1.00 dont sign the letter, head the letter

 

I Do Not Acknowledge any Debt to your Company

 

Send G/Delivery ASAP

 

 

 

I hope the above is of help

 

Regards

Andy;)

Edited June 26, 2008 by Andyorch

[kitchenboy]

Hi

 

I am battling against this lot as well, they sent same reply to my cpr request and have ignored 2 court orders to disclose information. Have a read through my thread as I have been given some great advice. Hope it's helpful.

 

http://www.consumeractiongroup.co.uk/forum/legal-issues/131823-cohens-cl-finance-claims.html

 

Good luck

[curiodeb]

Hi Andy

 

The arrears on the default are all the charges and interest they put on the account that mounted up over the months they were ignoring my requests for temp payment arrangement!! The balance before all of this started was about £2300/£2400 ish then came the snowball of interest and charges.

 

DN had my full correct name and address, well it didn't include my middle name but thats all I can see.

 

If the default notice arrears were taken off the total balance it wouldn't be far off my figure.

 

Going to look for that NOA, if it likely to look more like a letter it will be in a different part of my filing system (lol...yes I do have one albeit in a bit of a pickle).....

 

Kind regards, Debs

[curiodeb]

...oh forgot to say at the time I sent CPR request, I sent it to both CL and their SOLS.

[curiodeb]

Hi Andy

 

Well it looks like they did send NOA only couldn't see it before as it is a very small box at bottom of a letter! First thing I did notice was they start calling me Miss D ***** and not Miss Debra ***** is this relevant? Will leave this to your expert eye and see where we go from here:

 

[AndyOrch]

Ok debs

 

Thats fine but as i pointed out in my earlier post the NOA contains penalty charges and therefore renders it invalid.Have you recieved a DN from these muffins since they aquired said debt? did you maintain any payment also on the assignment? When was the last payment and to who?

 

Regards

Andy

[curiodeb]

Well I agreed to pay GE £50 per month and was paying them, then all of a sudden my account switched to these lot....I paid one payment to them of £100 to bring the account up to date. I held next payment back a bit as I was concerned about who they were and what had happened to my account (mistake i know!) then I received a statement saying £50 due immediately on account and next thing I know was the claim form...without a DN or contact by them at all!!

[AndyOrch]

Ok so they have issued legal proceedings with an Invalid N.O.A and not issued a DN . Excellent.

Thats all we need for now Debs i will start to draft a Defence for you over the weekend should I require anything else i will post.

Dont forget to post out your request for your CCA to CL finance this is importance as i will need to make reference to it in your defence.

Keep all proof of reciepts and papertrail on all communications.

Oh and btw dont worry and have a nice weekend.

 

 

I trust the above is of help

 

Regards

Andy;)

[curiodeb]

Many thanks again Andy....great advice! Will post CCA today and you too have a nice weekend! Kind regards Debs

[curiodeb]

Hi Andy

 

Just adding some info for your perusal..here is last correspondance I recieved from CL, from that statement date to date of claim form (issued on 9th)...didn't give me time to post anything to them...

 

[creditcardmug]

Hi, just adding my bit, the DN is also flawed because it gives you 14 days to remedy from the date on the letter, you couldn't possibly have received it on that day therefore invalid.

[AndyOrch]

Thanks for that Debs every little helps as the shopping giant says.Thanks also CCM for your input yes i had already spotted the date.

CL Finance had no intention of ever entering into an amicable finacial relationship with you and have acted vexatious in bringing the claim.They do tend to buy a lot of unenforcable debts from their sidekicks GE Money.

Dont forget the game isnt over till the fat lady sings:rolleyes:

 

 

Regards

Andy:)

[AndyOrch]

BTW CCM

 

The Default Note in question is irrelevent anyway it was issued by GE Money in March 2008 not CL Finance.

 

 

Regards