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Newbie in need of help...please


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Well, its best i lay out what has happened and hopefully someone can point me in the right direction! I had a credit card with the HSBC bank and paid the balance or required payment every month as normal. Then we hit some financial difficulties.Where we were both employed full time, my wife suddenly ended up as a part time employee through no choice of her own and payments fell behind. CL Finance took on the debt, and if i recall correctly, it was by letter and a follow up telephone call. I never disputed the amount owed to the bank and agreed to pay 75pounds a month and in turn they would freeze the interest to help out, it was after this that CL took over. I have paid the money by direct debit since September 07 upto July 08. Now payment would have carried on, but unknown to myself the HSBC cancelled all my DD's and standing orders and as a result i am now 2months behind. Today i received my first letter from CL, well to be more accurate from Howard Cohen Solicitors and a claim form in the Northampton County Court and have not had any previous communication from CL. I need to know what i can do in this case.

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Was the claim form a court-stamped document? Was it included with Cohen's letter or did it arrive separately?

 

Is the claim for the full amount outstanding or for only part of it?

 

Has HSBC ever written to you advising that they were stopping all your direct debits?

I really do appreciate all those 'thank you' emails - I'm glad I've been able to help. Apologies if I haven't acknowledged all of them.

You can also ding my gong if you prefer. :)

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Have you applied for your Credit Agreement? tp prove that CL can collect

 

Did you get a letter of assignment from CL and or HSBC

 

Phone up CL and state that you were unaware that the bank had stopped the DD, and that you are amazed that CL did not get in touch sooner

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Was the claim form a court-stamped document? Was it included with Cohen's letter or did it arrive separately?

 

Is the claim for the full amount outstanding or for only part of it?

 

Has HSBC ever written to you advising that they were stopping all your direct debits?

 

It was a court claim form and stamped for the full amount to be collected. I have had no other communication from Howard Cohen at all, just this claim.

 

HSBC did not say they were going to stop the DD's, first i knew was after they had done it and i started recieving demands etc.

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Have you applied for your Credit Agreement? tp prove that CL can collect

 

Did you get a letter of assignment from CL and or HSBC

 

Phone up CL and state that you were unaware that the bank had stopped the DD, and that you are amazed that CL did not get in touch sooner

 

No I have not applied for my Credit Agreement yet! However I shall have this done by the weekend.

 

I do not recall having a letter of assignment from either CL or HSBC and to be truthfull, if i did, i probably would not have known what i was looking at or even realised.

 

I have spoken to CL and they are adamant they wrote to me, but i have definetly had no correspondence from them.

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Hi, youve come to the right place for help, firstly can you post up the Particulars of Claim as on the court form (minus any personal details), and say what date is on the court form.

All that you have said so far is standard practice with CL/Cohen who have no regard for the Civil Procedure Rules (more of this later).

Please note i have no legal training any advice i give comes from my own experience and from what i have learned on this site

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Hi, youve come to the right place for help, firstly can you post up the Particulars of Claim as on the court form (minus any personal details), and say what date is on the court form.

All that you have said so far is standard practice with CL/Cohen who have no regard for the Civil Procedure Rules (more of this later).

 

Ok,this is the info;

 

The Claimants claim is for the sum of xxxx.xx being monies due from the defendant to the claimant under a regulated credit agreement between the defendant and HSBC bankplc under reference xxxxxxxxxxxxxx and assigned to the claimant on the 28th September 2007 notice of which has been given to the defendant.

 

The defendant has failed to make payment in accordance with the terms of the agreement and a default notice has been served upon the defendant pursuant to section 87(1) of the consumer credit act 1974.

 

The claimant claims the sum of xxxx.xx

 

The date on the claim form is 18 August 2008

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Ok , if you want to defend this you need to do a few things asap.

1. File your acknowledgement of service online (password on the front of claim form, tick defend all of claim, print off the reciept when prompted.

2. Send a CPR request to H. Cohen by Special delivery and keep the reciept.

3. Send a CCA request by Special delivery to C L Finance and keep the reciept.

 

Get yourself a folder and keep everything concerning this in there, you will need it later.

 

Once all this is done you can relax a while, you will have 33 days from the 18th of august to file your defence.

come back with any questions.

Regards

Please note i have no legal training any advice i give comes from my own experience and from what i have learned on this site

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Ok , if you want to defend this you need to do a few things asap.

1. File your acknowledgement of service online (password on the front of claim form, tick defend all of claim, print off the reciept when prompted.

2. Send a CPR request to H. Cohen by Special delivery and keep the reciept.

3. Send a CCA request by Special delivery to C L Finance and keep the reciept.

 

Get yourself a folder and keep everything concerning this in there, you will need it later.

 

Once all this is done you can relax a while, you will have 33 days from the 18th of august to file your defence.

come back with any questions.

Regards

 

Ok...well CCA letter is now done for CL and will have CPR request finished shortly, just one question before i go ahead with the online process. Can i actually defend this claim, i mean i have never disputed owing this money and did make an offer to pay reduced payments? Thanks for your assistance i greatly appreciate it.

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Well if you havent had a copy of the agreement you dont know if its flawed in any way, before now you should have had a Notice of Default and if not this claim is an abuse of process, also you should have had Notices of assignment from both the original creditor and the new "owner" of the alleged debt, so i think you have a bit to go on.

The older the alleged agreement is generally means the agreement is harder to find with these people, if thats any help.

You need to make sure the CPR request is correct, i will look for one and post it up, you can decide if you want to use it or the one youve got.

Please note i have no legal training any advice i give comes from my own experience and from what i have learned on this site

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CPR request,

 

In the XXXX County Court

Claimant -v- (YOUR NAME)

Claim Number: (CLAIM NUMBER)

 

 

Dear XXX

 

REQUEST FOR INFORMATION CPR18

 

I have received a recent court claim from your organisation. In order to file a defence and counter claim I require some information. Given that this matter is now the subject of legal proceedings, you are obliged to disclose under the Civil Procedure Rules, the information and documents detailed below.

 

The information must be furnished within fourteen days of the receipt of this letter. If you fail to comply, this will be reported to the Court, a copy of this letter will be provided as evidence to the same and an Order enforcing your compliance will be sought.

 

1. A true copy of the executed credit agreement and any terms and conditions that applied to the account at the time of default and at the time the account was opened. True copies of any notice of assignment and/or default notice or enforcement notice that you or the original creditor sent me, with a copy of any proof of postage that you hold.

 

 

1.1 If copies of any of the above documents are to be relied on in court rather than originals, a copy of the Notice of proposal to adduce hearsay evidence required under s2(1) of the Civil Evidence Act 1995 together with proof of the authenticity of the document(s) as required under s8(1)(b) of the Act, including but not limited to:

 

(a) a copy of the procedure(s) used for copying, storing and retrieving documents

(b) a copy of the relevant log entry showing the time and date of the scan or copy, the name of the member of staff making the copy, the method used for copying, storage and retrieval and time and date of destruction of the original document(s)

© copies of internal and external audit reports covering the entire period from the date of the copy to the present to demonstrate that the procedures have been complied with

(d) copies of Quality Assurance accreditation certificates covering the entire period from the date of the copy to the present to demonstrate that the procedure(s) and audit process(es) comply with the appropriate quality standards

 

2. All records you hold on me relevant to this case, including but not limited to:

 

a. Transcriptions of all telephone conversations recorded and any notes made in relation to telephone conversations by your company, or by any previous creditor

b. Where there has been any event in my account history over this period which has required manual intervention by any person, I require disclosure of any indication or notes which have either caused or resulted in that manual intervention, or other evidence of that manual intervention in relation to my account formerly held with *********.(AMEND TO THE COMPANY NAME)

c. .Documents relating to any insurance added to the account, including the insurance contract and terms and conditions, date it was added and deleted (if applicable).

d. Details of any collection charge added to the account; specifically, the date it was levied, the amount of the charge, a detailed financial breakdown of how the charge was calculated, and what the charge covers.

e. Specific details of the fees/charges levied by any other agency in respect of this account and a detailed breakdown of said fees/charges and what each charge relates to and on what date said fees/charges were levied.

f. A genuine copy of any notice of fair use of my data as required by the Data Protection Act 1998

g. A list of third party agencies to whom you have disclosed my personal data and a summary of the nature of the information you have disclosed.

h. Copies of statements for the entire duration of the credit agreement.

 

 

3. Any other documents you seek to rely on in court.

 

 

I will require this information within the next fourteen days. I must advise you that if the information is not forthcoming, it will be reported to the Court that you are trying to frustrate proceedings and denying me the opportunity to file a defence and counter claim.

 

Yours sincerely,

 

XXXX (type, don't sign).

Please note i have no legal training any advice i give comes from my own experience and from what i have learned on this site

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CCA request,

 

I DO NOT ACKNOWLEDGE ANY DEBT TO YOUR COMPANY OR ANY COMPANY YOU CLAIM TO REPRESENT

 

 

Re: Account no: xxxxxxxx

 

This letter is a formal request pursuant to s.77/78 of the Consumer Credit Act 1974. I require you to provide me with a true copy of the credit agreement relating to the above account, together with any other documentation the Act requires you to provide.

 

I expect you to comply fully and properly with this request, within the statutory time limit. You are reminded that should you fail to comply with my request, the provisions of s.77(6) will apply.

 

If it is your view that you are not the creditor, s.175 of the CCA 1974 applies in the case of a simple assignment, and places a duty upon you to pass this request to the creditor. In the case of an absolute assignment, you are a creditor as defined by s.189. If you contend that you purchased the rights but not the duties of any agreement, you are reminded that s.189 of the Act is clear that an assignment is of both rights and duties.

 

Your attention is drawn to ss.5(2), 3(b), 6 and 7 of the Consumer Protection from Unfair Trading Regulations 2008 (CPUTR).

 

I enclose a postal order in the sum of £1.00, which is the statutory fee. Note that these funds are not to be used for any other purpose.

 

If you are unable to comply fully and properly with this request, you should confirm this in writing at the earliest opportunity, and certainly within the statutory time limit for compliance, and return the fee.

 

If you do not understand this letter, you should seek professional advice.

Please note i have no legal training any advice i give comes from my own experience and from what i have learned on this site

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CCA request,

 

I DO NOT ACKNOWLEDGE ANY DEBT TO YOUR COMPANY OR ANY COMPANY YOU CLAIM TO REPRESENT

 

 

Re: Account no: xxxxxxxx

 

This letter is a formal request pursuant to s.77/78 of the Consumer Credit Act 1974. I require you to provide me with a true copy of the credit agreement relating to the above account, together with any other documentation the Act requires you to provide.

 

I expect you to comply fully and properly with this request, within the statutory time limit. You are reminded that should you fail to comply with my request, the provisions of s.77(6) will apply.

 

If it is your view that you are not the creditor, s.175 of the CCA 1974 applies in the case of a simple assignment, and places a duty upon you to pass this request to the creditor. In the case of an absolute assignment, you are a creditor as defined by s.189. If you contend that you purchased the rights but not the duties of any agreement, you are reminded that s.189 of the Act is clear that an assignment is of both rights and duties.

 

Your attention is drawn to ss.5(2), 3(b),6 and 7 of the Consumer Protection from Unfair Trading Regulations 2008 (CPUTR).

 

I enclose a postal order in the sum of £1.00, which is the statutory fee. Note that these funds are not to be used for any other purpose.

 

If you are unable to comply fully and properly with this request, you should confirm this in writing at the earliest opportunity, and certainly within the statutory time limit for compliance, and return the fee.

 

If you do not understand this letter, you should seek professional advice.

 

Thank you very much, i will use both templates and fire them off tommorow, i must say i feel a little more at ease now,thanks again

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  • 3 weeks later...

Ok, both letters were sent out on the 21st August and both signed for on the 22nd August. As of today, 7th September, i have had no response, either from Howard Cohen or CL Finance. Do I give them more time to respond or do i have to do something else to keep this moving along!

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The 12 working days they have to provide this information isn't (quite) up yet.

I really do appreciate all those 'thank you' emails - I'm glad I've been able to help. Apologies if I haven't acknowledged all of them.

You can also ding my gong if you prefer. :)

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Well I received a letter from Howard Cohen today and it states the following;

"We refer to your recent letter in which you have 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 claim detailed in the county court claim form should be sufficient to allow you to respond accordingly.

 

Please respond to the claim form with either an appropriate defence or an admission and offer of repayment.Failure to do so will result in a judgement being entered without reference to you."

 

I am not so sure to what my next step is now!

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Sound like utter tosh. They are obliged - the case hasn't been allocated a track, so they can't pre-empt the judge and assume it will be small claims. As it's pre-trial, they have to provide a copy of the agreement, and you don't even have to pay £1 (although you've already CCA'd CL separately - any response?). You may have to issue a holding ('embarrassed') defence and include their response in your defence documents - won't please a judge that they're not responding to a legitimate request.

 

Creditcardmug has given you excellent advice so far, and I'm sure he and more knowledgeable CAGgers will give you a better heads up soon.

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Hi again, donkey is right, although they always send that letter i have one myself, no matter you will just file an embarrased defence noting their refusal to supply any info, im sure that will go down well with the judge!!

Please note i have no legal training any advice i give comes from my own experience and from what i have learned on this site

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Its now over the twelve days now and i have not received anything from CL, not even an acknowledgement. The only letter is from HC and Co,(as above). So i have seen your suggestions, but have to ask,what the devil is an embarrased defence? and how would i go about preparing one?

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Hi, have a look at my thread in particular post 23 the defence, there are lots of defences on here i suggest you read and gain an understading of them, this will help you in your case, there a lot in the legal successes forum.

 

http://www.consumeractiongroup.co.uk/forum/legal-issues/152183-barclaycard-lewis-cl-finance-2.html

Please note i have no legal training any advice i give comes from my own experience and from what i have learned on this site

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  • 1 month later...

Well guys, it is now the 26th October and i have had no response/documentation from either HC or CL, absolutely zilch. However, yesterday the 25th i recieved a notice of transfer of proceedings to my local court as well as an allocation questionaire, which must be returned by the 10th November.The form is fairly straight forward to complete, but what is its purpose? Is it just a repeat of the info i supplied on line through moneyclaim? or does this mean i will have to attend court with HC/CL sometime in the future?

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Hi again, heres a link for help with the AQ, the purpose of it is mainly for each side to propose case management directions, you need to take your time and get this right, shout i you need further help with it.

 

Can a mod move this to the Legal Forum please, thanks

 

http://www.consumeractiongroup.co.uk/forum/legal-issues/131499-directions-n150-n149-allocation.html

Please note i have no legal training any advice i give comes from my own experience and from what i have learned on this site

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