CCJ from CL finance (Howard Cohen)

[Goldlady]

I think the court went for judgment without any input from Coward Hohens due to a mix up. Anyway it is set aside now and ten page defence going in tomorrow.

[debtdebtdebt]

Sorry all went very quiet in fact so very quiet, court dates passed to submit documents etc, etc. I called the Court (mistake, note to never do this again always a letter!!!) enquiring after progress or not. Nothing, this was several months after appearing in court.

A while ago notice from the court to attend for final judgement(again!?) which I could not understand, even more confused:confused:

Pre chambers CL legal produces DN document as requested 8/9 months ago suggesting I had been sent similar.

Obvously could not defend, and there was no proof it was sent.

Judge was firm but allowed their documents as they had also got a copy of the DN (no idea when this arrived though!) so I needed to put forward a defence.

Being a bit blind-sided by the production of DN I have a very short time to put forward an ammended defence or judgement will be made:eek:

 

Anyone offer a shaft of light??

Edited December 7, 2009 by debtdebtdebt
spelling

[debtdebtdebt]

....sorry bit of an insomniac keep very irregular (sleeping) hours!

[debtdebtdebt]

bump:)

[GhostDebt]

Hi DDD

Do you have a copy of the DN? Is it compliant with the regulations?

[Goldlady]

Do we have an application form/agreement here ddd? With ours it was debatable whether it was compliant or not but I have thrown everything I can think of at them. They seem to be very good at waiting in the wings until you think the dust has settled.

[debtdebtdebt]

Thanks for your help not sure if DN compliant.

I will post it up for closer inspection or expert opinion?

 

Judge made a cursory check of DN and appeared to accept it, could I still challenge if not compliant?

[debtdebtdebt]

Goldlady,

Not sure what you mean application form/agreement?

Also not convinced on timing regarding filing documents - could have arrived minutes or 6 months before hearing. It is a copy on a poor fax which was provided to me to view before and a copy given by the court.

 

I know what you mean on the last minute stuff though, I am kicking myself for not having followed up sooner but time passes and things slide - not intentionally of course.

[Goldlady]

I have just had another look through the thread. I am still not sure if the application form is an acceptable agreement - it is partially illegible but I suspect it contains all the prescribed terms.

 

When do you have to get the defence in by? And if there is a chance of them getting a judgment, how much are they claiming?

[letsgetitsorted]

hi there, i had a simular thing come through the post, i firstly went to the county court web site, http://www.moneyclaims.gov.uk, and filed a defence under the grounds that there where no perticulars of claim, i then wrote to cl finance solicitors cohern asking for all the information relating to the claim that they have submitted, this was 2 months ago and still waiting for a response, second letter sent and yes still no response.

whilst waiting for a response, the case was transfered to my local court, i explained in the pack that they sent that i had no idea what the claim was for as i had no perticulars of claim disclosed to me, i have now received a letter from the court saying that they have written to the claimant and they have until 4pm on tuesday 15th dec to supply all the perticulars of claim or they will , void the claim.

sudgest

1) file you defence-especially if you have no perticulars of claim detailed on the court papers.

2)write to cohern/cl finance asking for all details relating to the claim, there are template letters available in the forums.-send next day and keep all proofs of posting, special delivery actually gives proof of delivery with name and signature.

3)respond to all letters you get from the court.

4)if no response from cohern cl finance send a second letter with the first enclosed, by the way don't sign any letters.

 

hope that helps...

[debtdebtdebt]

Goldlady,

I would like to have defence complied and ready to send for Monday (very short time I know), I will post up DN for closer inspection.

I guess if my defence is not well founded they could get a judgement. So far they have not made anything easy I have to asume it will be pressed to a result and go all the way if required:(

Claim is for less than £1500.00

[debtdebtdebt]

srandall88, All I can say is well done to you;)

My actions all follow the correct procedures as listed in the thread, we will have to see where this one goes I guess. I attended court hoping for a more favorable result. Production of documents was not expected....plus court accepted them. Guess I file and we see....but DN will be up shortly for all to cast an experienced eye over....

Edited December 12, 2009 by debtdebtdebt
typo

[debtdebtdebt]

Here is the DN issued......compliant or any scope to challenge?

">

[postggj]

got an old calender

 

its a total of 16 days notice from date on letter

 

thats 14 plus 2 for service

 

looks short to me

 

 

DID IT HAVE THE CREDITORS AND YOUR NAME AND ADDRESS ON THE DEFAULT NOTICE

[letsgetitsorted]

hi there

this is what section 87 of the consumer credit act 74 says with regards to a default

 

 

87.—(1) Service of a notice on the debtor or hirer in accordance with section 88 (a "

default notice ") is necessary before the creditor or owner can become entitled, by

reason of any breach by the debtor or hirer of a regulated agreement,—

(a) to terminate the agreement, or

(b) to demand earlier payment of any sum, or

© to recover possession of any goods or land, or

(d) to treat any right conferred on the debtor or hirer by the agreement as

terminated, restricted or deferred, or

(e) to enforce any security.

(2) Subsection (1) does not prevent the creditor from treating the right to draw

upon any credit as restricted or deferred, and taking such steps as may be necessary to

make the restriction or deferment effective.

(3) The doing of an act by which a floating charge becomes fixed is not

enforcement of a security.

(4) Regulations may provide that subsection (1) is not to apply to agreements

described by the regulations.

[letsgetitsorted]

further more the default notice must be as detailed below.

 

88.—(1) The default notice must be in the prescribed form

and specify—

(a) the nature of the alleged breach;

52

(b) if the breach is capable of remedy, what action is required to remedy it

and the date before which that action is to be taken;

© if the breach is not capable of remedy, the sum (if any) required to be

paid as compensation for the breach, and the date before which it is to be paid.

(2) A date specified under subsection (1) must not be less than seven days after the

date of service of the default notice, and the creditor or owner shall not take action

such as is mentioned in section 87(1) before the date so specified or (if no requirement

is made under subsection ( 1)) before those seven days have elapsed.

(3) The default notice must not treat as a breach failure to comply with a provision of

the agreement which becomes Operative only on breach of some other provision, but

i£ the breach of that other provision is not duly remedied or compensation demanded

under subsection (I) is not duly paid, or (where no requirement is made under

subsection ~1)) if the seven days mentioned in subsection (2) have elapsed, the

creditor or owner may treat the failure as a breach and section 87(1) shall not apply to

it.

(4) The default notice must contain information in the prescribed terms about the

consequences of failure to comply with it.

(5) A default notice making a requirement under subsection (1) may include a

provision for the taking of action such as is mentioned in section 87(1) at any time

after the restriction imposed by subsection (2) will cease, together with a statement

that the provision will be ineffective if the breach is duly remedied or the

compensation duly paid.

[GhostDebt]

Just for clarification,

 

What date did the requirements of the DN change from 7 days to 14 days?

[debtdebtdebt]

got an old calender

 

its a total of 16 days notice from date on letter

 

thats 14 plus 2 for service

 

looks short to me

 

 

DID IT HAVE THE CREDITORS AND YOUR NAME AND ADDRESS ON THE DEFAULT NOTICE

 

I have marked out my specific details - address, account no. and sums involved. So that is a definite 'no' but it is listed on paper that is 'so-say' from the Creditors - GE Money. Possible strike 1

 

I took a look at the calendar as suggested, the day is Thursday 23rd March 2006 to 6th April 2006 is excatly 14 calendar days which is too short. Thanks for that, well spotted. Possible strike 2

[debtdebtdebt]

This DN was issued quite a long time, before recent events that lead to this action. That is to say we had resolved difficulties at that time, but I will need to confirm with my own records on this. Does this make any difference that the action was taken...or not.... to remedy the situation within pescribed dates?

 

Further to this I understand the issue of a (compliant) DN is applicable regardless of date, just the fact on has been issued is enough to enforce at a later date?

[debtdebtdebt]

Bump...anyone???

[debtdebtdebt]

Can anyone advise....I feel sure its fails but wanted to get an opinion if I am barking up the wrong tree identifying attributes that cause this DN to be non-compliant?

 

Date - does not allow for the posting days (2 working days for First class/4 for Second class post) should be 2/4 + 14?

 

Secondly- although the DN is on headed paper sent by the Creditor it does not preclude the need that it must clearly contain my name & address and the name and address or the creditors. It does not.

 

Finally - specific wording & usage of bold / underlining and its specific purpose to highlight important facts.

 

Any comments....please?

Edited December 15, 2009 by debtdebtdebt
typo

[AndyOrch]

Correct on all three points Debt.

 

 

Andy;)

[debtdebtdebt]

Andy,

Much appreciated on that;)....you know when you just need that little nudge.

 

Any comments on the fact DN was issued way back...in fact 2 years before recent events...or am I correct in the understanding only 1 (compliant DN) can be issued before termination?

 

Appreciated:)

[postggj]

you are bang on ref the default notice

 

have i posted the regs for you

 

you are correct on default and termination also

[debtdebtdebt]

Good news postggj.

If you can post a link that would be very much appreciated as a point of ref please:)

 

If it helps others here is reference to info to confirm my findings....

http://www.uk-legislation.hmso.gov.uk/si/em2006/uksiem_20063094_en.pdf

 

Appears my original defence applies, the DN is not compliant.

Edited December 15, 2009 by debtdebtdebt
typo