CCJ from CL finance (Howard Cohen)

[debtdebtdebt]

Firstly my finances are ina serious condition a complete mess.....

I have now been issued a CCJ from CL Finance and 'notice of assignment' from HC & Co. It relates to alleged default from GE Money. Call to HC to request details, I also noted we never got a 'default notice' prior to this (correct procedure or not?).

 

As I see it I have 2 courses of action....pay up in full for no CCJ or accept CCJ and pay up over a longer period.

 

For the record GE were really nice - in conversation until about a week or 2 ago and now literally just sold debt on to CL Finance.

 

Any suggestions please, what action I need to take how I can deal with this? Any help is much appreciated

[mariacallas]

I'm sorry I can't help but I'll bump it up for you:)

[AndyOrch]

Hi

 

Cl Finance do not issue CCJs a County Court does and only after you have recieved a summons

 

Regards

 

Andy:)

Edited August 28, 2008 by Andyorch

[tendogs]

Firstly my finances are ina serious condition a complete mess.....

I have now been issued a CCJ from CL Finance and 'notice of assignment' from HC & Co. It relates to alleged default from GE Money. Call to HC to request details, I also noted we never got a 'default notice' prior to this (correct procedure or not?).

 

As I see it I have 2 courses of action....pay up in full for no CCJ or accept CCJ and pay up over a longer period.

 

For the record GE were really nice - in conversation until about a week or 2 ago and now literally just sold debt on to CL Finance.

 

Any suggestions please, what action I need to take how I can deal with this? Any help is much appreciated

 

Evening DDD

The guys on the forum will need some more information in order to help. First can you explain what sort of debt it is (credit card, loan etc)? Second, when you say you’ve had a CCJ issued does that mean that you have received the paperwork from Northampton or have you got a judgment by default? Third is the notice of assignment relating to the CCJ?

 

And, by the way, GE Money are not nice, the people on this forum, on the other hand, are.

 

I’m off to my bed now but I’ll look in tomorrow.

 

Cheers,

 

Dogs

[debtdebtdebt]

Andyorch

Correct issued by Northampton CC on behalf of CL Finance....just shows how little I know:(...and need help.

 

Tendogs

Thanks for your interest and in answer...to your Q's

 

i) It is a Store Card (Debenhams but run by GE)

ii) I received the CCJ (dated 26th August) by Northampton on 27th Aug,

iii) The Notice of Assignment followed today 28th August which relates to the CCJ.

 

Finally, not aware GE sold debt until CCJ dropped on mat:eek:, last dealing direct with GE. All happened very quickly, are their procedures correct?

But more importantly what do I do first - reply to court...yes/no? Or would you advise something else?

 

For what its worth I asked for a 'full & final seettlement' and for confirmation in writing by HC - advised it will arrive 2/3 days time.

Very pushy ...'so do you want to pay it or not....are you going to accept CCJ and pay off or challenge this CCJ?'.

I categorically made no agreement to following any specific course of action when discussed.

 

Thanks for your help on this....much appreciated:)

[AndyOrch]

Hi

 

You need to be sure that you've got your dates right in respect of when the AoS and defence needs to be filed. For example, if you receive a Court claim with an issue date of the 12th July2008, you are given 5 days for service (delivery) so that takes you to the 17th July. You then have a further 14 days to file your AoS and if you need a further 14 days to file the defence, that is available to you. So in all, you get 33 days in total. If you are unsure, either post up the issue date here, or ring the Court ASAP, the number is on the front of the claim form, on the right hand side tiny print.

 

Regards

 

Andy;)

[tendogs]

Morning triple D

You don’t have to decide whether to defend or not just yet, first you can acknowledge the claim on line (you’ll find a password on the front of the forms); this will give you 28 days to decide what to do.

Next I would try to find out what they have so you can send them this:

 

(Delete the bits that aren’t pertinent)

Dear Sir/Madam,

 

I have received the Court claim filed by your Company. To enable me to file a defence and counter-claim, I require specific information regarding the account to be provided forthwith. 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. This letter supersedes the Data Protection request made to on the **DATE**.

 

The information must be furnished by the**DATE**, which gives you ten days to provide what has been requested. 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.

 

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

a. A transcript of all transactions, including charges, fees, interest, repayments and payments and both the original amount of the loan and any repayments made to it the account.

b. Transcriptions of all telephone conversations recorded and any notes made in relation to telephone conversations.

c. 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 **CREDITOR**.

d. 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.

e. 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).

f. 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.

g. 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.

h. A genuine copy of any deed of assignment, or proof that you have a legal right to this money.

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

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

 

4. A copy of your complaints procedure, as required by the Consumer Credit Act 2006.

 

5. Clarification of the date you acquired the debt, what organisation you acquired it from, their registered office, their company number (if any) and what legal title they had to this debt, and what credit license number they had at the time that the debt was purchased or entered into.

 

I will require this information within the next ten 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.

 

I would appreciate your due diligence in this matter.

 

I await your rapid response.

 

Yours Faithfully,

 

 

Once you have the information you can plan your next move. Fortunately Andy is looking in on your thread and I’m sure he will help also if I go off track. Remember, DO NOT talk to them, send EVERTHING by recorded delivery, DO NOT sign anything that you send to them, keep EVERYTHING that they send to you and staple the envelops to the letters so that you have some record of date sent.

 

Put up a post when you get a response or if you need any further help.

 

Don’t worry too much,

 

Dogs

[AndyOrch]

Hi again

 

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)

 

 

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.

 

Here is the CPR 18 request ( Tendogs it must be headed this way )

 

In the XXXX County Court

Claimant -v- (YOUR NAME)

Claim Number: (CLAIM NUMBER)

 

 

Dear XXX

 

REQUEST FOR INFORMATION CPR 18

 

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).

 

Send G/Delivery and keep proof of postage

 

 

Regards

 

Andy;)

[debtdebtdebt]

Dogs and Andy,

I see what you are saying Andy even though debt is present they have to show evidence to prove this legally.

As suggested I will acknowledge the Court as you have suggested and go through responses soonest.

 

Thanks:)... 3D

[tendogs]

Thanks Andy I’ll remember that. One query for my benefit, is there any difference between store cards and credit cards? The reason I ask is that with some store cards the application is signed on the store premises.

 

Cheers,

 

Dogs

[AndyOrch]

Hi tendogs

 

No difference they are all covered by the CCA 1974 an application is an application a CCA is just that an executed agreement with all its prescrbed terms included or linked to the signitory area.

 

Regards

 

Andy;)

[tendogs]

Thanks again Andy

[debtdebtdebt]

Andy, As requested.....POC:

 

Claimant

CL FINANCE LIMITED

R.O. KINGSTON HOUSE

CENTRE 27 BUSINESS PARK WOODHEAD ROAD

BIRSTALL, BATLEY WF17 9TD

Address for sending documents and payments (if different)

HOWARD COVEN & CO SOLICITOR PO BOX 1 I U

CLECKHEATON,WEST YORKSHIRE, BD19 4XT

0870 7513202

 

Defendant

Me

 

Particulars of Claim

The Claimant's claim is for the sum of 1276.21 being movies due from the Defendant to the Claimant under a regulated credit agreement between the Defendant and GE Capital Bank Limited under reference xxxxxxxxxxxxxxx and assigned to the Claimant on the 20th August, 2008 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 Defendant pursuant to Section 87(l) of the the Consumer Credit Act 1974.

Pursuant to clause 7 of the agreement, the Claimant also claims contractual interest at a rate of 26.478% per annum from the date of these proceedings to

the date of judgment. or sooner payment, accruing at a daily rate of 1.04

 

 

Bottom of form 'signed' shows Howard Cohen & Co typed not signed

[debtdebtdebt]

Also on the point about AoS you were right again it is dated 20th August 2008.

[AndyOrch]

Also on the point about AoS you were right again it is dated 20th August 2008.

 

What is the date on the summons DDD?

 

Regards

 

Andy;)

[debtdebtdebt]

Issue date on Summons is 26th august 2008

[AndyOrch]

Ok have you recieved a NoA ( notice of assignment) from the OC to this bunch? have you recieved a Default Notice from either?

 

Regards

 

Andy;)

[debtdebtdebt]

No default notice from anyone yet, not sure whom you refer to as the OC... sorry:(

[debtdebtdebt]

Andy, yes I have received the Notice of Assignment as mentioned - dated as 22nd August. The Notice from HCohen advises assignment date of 20th August when agreement is made topass the debt between GE and CL Finance.

[debtdebtdebt]

Andy,

The CPR 18 letter is going out recorded/signed for AM tomorrow addressed to H Cohen in Leeds. I dont have a full proper address for Cleckheaton - letter shows only a PO Box.

 

I have acknowledged CC summons online, confirming I wish to defend.

 

So HC have 14 days from receipt to provide info to me to allow me to build a defence? Do I need to notify court once they have responded to confirm I have the information requested and wish to defend?

[tendogs]

It's nearly one in the morning DDD, you should be in bed

 

Sounds like you're getting there, good for you.

 

Dogs

[AndyOrch]

Hi DDD

 

No need to inform Court and just submit your plea online

 

Regards

 

Andy:cool:

[debtdebtdebt]

Thanks guys appreciate your support on this. The CPR18 was posted, I guess wait and mark off the days until they comply or not....:-|

 

Keep you posted of any changes as and when.

 

Triple D

[debtdebtdebt]

Nothing back from H C & Co...acknowledged the court to confirm I wish to prepare a defence.

Now what is the next step for me when 28 days(4 weeks) after 26th August are up (Sept 23rd)?

[debtdebtdebt]

Bump... anyone??