Barclaycard/Lewis/CL Finance/Cohen Court Claim Help Please **WON**

[upto the eyeballs]

Thanks 4 your reply ccmug, will phone court and post outcome for future reference.

[StayingCalm]

Hi upto the eyeballs

 

 

Hi, newbie here!

 

 

Have started new thread, but can't seem to find it???

 

 

This is a link to your thread.

 

http://www.consumeractiongroup.co.uk/forum/general-debt-issues/171031-help-admission-claim-now.html

 

 

Good luck

sc

[creditcardmug]

Hi, they haven't complied with the judges directions (should have served docs by 30 Nov)

 

Should i be doing anything, or just wait it out?

[blind-as-a-bat]

I think you should ring the court see if they have recieved there copies as per the request, if not an order to strike would be the logical next move as they have failed to provide any documents showing you have a case to answer

[creditcardmug]

Thanks BAB, will contact the court, just wondering if i would have to make an application or whether the court would just make the order off its own bat.

[creditcardmug]

Just bumping this for anymore views...thanks

[AndyOrch]

Make the application CCM if they have defied the DJ order.They would make theirs for Summary Judgement if you did same.

 

 

Regards

 

Andy

[creditcardmug]

Thanks for replying andy, it wasn't actually an order, but the judges directions following both parties filing AQs.

 

The judge directed that they should file and serve the docs by 30 nov...i have received nothing...i haven't yet contacted the court to find out if they filed anything.

 

Do you think i should still make the application under the circumstances.

 

Sorry to be a pain, just dont want to make any mistakes.

 

I notice you havent been on as much as usual of late, i hope you are well?

 

Regards CCM

[pt2537]

Thanks for replying andy, it wasn't actually an order, but the judges directions following both parties filing AQs.

 

The judge directed that they should file and serve the docs by 30 nov...i have received nothing...i haven't yet contacted the court to find out if they filed anything.

 

Do you think i should still make the application under the circumstances.

 

Sorry to be a pain, just dont want to make any mistakes.

 

I notice you havent been on as much as usual of late, i hope you are well?

 

Regards CCM

 

An application to have the case struck out or an unless order would be how i would go about it. this covers you to a degree as the judge can really only follow either route which is suggested and you get costs as well

[AndyOrch]

Hi CCM

 

Yes im fine thanks just extremely busy work and personal.Always pop up when required though;)

 

Regards

 

Andy

[creditcardmug]

Andy/Paul thanks again for your thoughts

 

Kind regards CCM

[creditcardmug]

Phoned the court today, they haven't filed anything, but have paid the hearing fee, i asked if it would be put before the judge, and the lady said i would have write a letter to the court to do that, she said i wouldn't have to pay a fee though.

 

Can anyone help with a suitable letter?, i would be most grateful.

[pt2537]

http://www.consumeractiongroup.co.uk/forum/legal-issues/134001-suggested-letter-where-claimant.html

 

you could edit this to suit

 

or alternatively make a proper application

[creditcardmug]

I cant afford to do the app at the mo, so want to do the letter, but, dont think i can adapt the above...can anyone help with how to word it?

 

Sorry to be a pain:(

[creditcardmug]

I have drafted a letter to the court, hoping someone will look over it, and give an opinion...Thanks

 

 

For the Attention of the Case manager

xxxxxxxxx County Court

 

Dear Sir.

 

Further to the Directions given by District Judge xxxx sitting at the xxxxxxxx County Court on 3rd November 2008.

And in particular..

 

“The claimant shall file and serve by 30th November2008 particulars of how the sum claimed is calculated and copies of the agreement and default notice”

 

 

Previously I had sent the claimant a request for information pursuant to CPR 18, to which to claimant refused to comply

I note that the claimant has now failed to submit any documents supporting their case despite being ordered to do so.

 

The claimant has had every opportunity to file such documentation and the size of the organisation, it is not unreasonable for them to have filed such documentation on time at the first opportunity, they have since been given a second chance to file documents by order of District Judge xxxx and they appear to have ignored the Honourable Judges orders and have failed to comply as directed

 

The result of this failure is that I am unable to file a fully particularised defence to the claimants claim as without the documentation which the claimant relies upon, I am unable to answer their allegations as set out in their particulars and I am placed at a severe disadvantage, as I am a Litigant in person

 

Therefore, I would request that pursuant to CPR part 3.4, 2 © that the claim is struck out without further order

 

If this is not acceptable, then please refer this letter and the file to District Judge xxxx to highlight the claimants non-compliance with the directions dated 03 Nov2008 and for further directions to be issued.

 

 

Signed……………………………. (Defendant)

 

Date …………………………….

 

[creditcardmug]

Just bumping this, i have to get it in tomorrow

[AndyOrch]

Looks Fine to me CCM

 

 

 

Regards

 

Andy;)

[creditcardmug]

Thanks Andy, delivered in person today to the court clerk....wait now to see whats happens..Regards CCM

[shirei12]

Hi CCM,

I wonder if I can ask a favour from you. I know Andy has been busy lately and he might have missed my post here http://www.consumeractiongroup.co.uk/forum/legal-issues/123005-application-form-barclaycard-no.html

you are a bit ahead of me I am at the AQ stage. I was wondering if you could tell me what you think as you have done your AQ. I am wondering what docs I should submit. Anyway if you could take a look I would be grateful.

Regards Shirei

[creditcardmug]

See your thread Regards CCM

[shirei12]

Sorry am I missing something Did you post a reply???? Cant find one

[creditcardmug]

Sorry, i typed but failed to send it

 

Im to tired tonight to go back thro your thread and advise, but bump this thread tomorrow at 4pm when i should have some time.

 

What date must your AQ be filed by?

[shirei12]

Hi CCM, Sorry you are feeling tired.I will post again Wed about 4. AQ has to be filed by 18th Dec. but with Xmas post I'd like to make sure I dont miss deadline Get a good nights sleep.

Regards Shirei

[wakieblue]

Hi, sorry to butt in on the thread, but I've now also had the misfortune to encounter CL Finance / Howard Cohen.

 

At the end of last month, I received a letter from Lewis Debt Recovery regarding a credit card that I had with Egg Banking, chasing full payment by 1st December 2008. Their letter was pretty much identical to the one posted at the beginning of this thread. I replied to their letter with the standard 'prove it' letter, which I sent by 1st class recorded delivery last week.

 

When I got home from work last night, I had court papers waiting for me that had been issued by CL Finance / Howard Cohen (I haven't even had any reply from LDR!). I was really angry and upset to receive these as this has never happened to me before. I intend to defend their claim to the hilt!

 

I will be sending out the CPR letter to both CL Finance and Howard Cohen, and I am also writing to Egg to find out whether they have actually sold the debt on or whether CL Finance are acting on their behalf.

 

When I was reading through the POC, it states 'Barclays Bank' and not 'Egg Banking' - I've never had an account of any description with Barclays! Does this invalidate their claim in any way?

[creditcardmug]

Hi, sorry to butt in on the thread, but I've now also had the misfortune to encounter CL Finance / Howard Cohen.

 

At the end of last month, I received a letter from Lewis Debt Recovery regarding a credit card that I had with Egg Banking, chasing full payment by 1st December 2008. Their letter was pretty much identical to the one posted at the beginning of this thread. I replied to their letter with the standard 'prove it' letter, which I sent by 1st class recorded delivery last week.

 

When I got home from work last night, I had court papers waiting for me that had been issued by CL Finance / Howard Cohen (I haven't even had any reply from LDR!). I was really angry and upset to receive these as this has never happened to me before. I intend to defend their claim to the hilt!

 

I will be sending out the CPR letter to both CL Finance and Howard Cohen, and I am also writing to Egg to find out whether they have actually sold the debt on or whether CL Finance are acting on their behalf.

 

When I was reading through the POC, it states 'Barclays Bank' and not 'Egg Banking' - I've never had an account of any description with Barclays! Does this invalidate their claim in any way?

 

Hi, there are several of you on here with this problem, i was only reading a new posters thread last night, with the same error on the POC, i suspect some office junior has made a cockup when filing the claims, but thats in your favour.

 

Can you post up the POC, or type it without anything which could identify you.

 

When you acknowledge the claim make sure to defend all of the claim, and print the receipt.

 

Can you start your own thread on this one..or post the link if you already have.