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CCJ from CL finance (Howard Cohen)


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Suggest you do start your own thread cos we are hijacking this one, the non-compliance with the CPR wouldnt be a defence, but you can include it, a judge wouldnt think much of their attitude, CL/Cohen/Lewis are all the same.

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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Keeping a watchful eye on calendar reminders as they pass....so far nothing from anyone (HC Cohen or County Court).

 

Is formal notification provided by Court to acknowledge change(s) in status?

Should I request an update?......can anyone provide assistance?

Thanks

Season greetings at Christmas & Happy New Year to all!

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If/when they indicate to the court they want to continue, you will get a notice from the court saying its been transferred to your local court, and an Allocation Questionaire to fill in.

 

The court normally gives them 33 days to decide.

 

So if you have heard nothing after 33 days, phone the court for an update.

  • Haha 1

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 WonkeyDonkey,

Best answer I can give is to re-read P2 responses - very helpful but specifically from 42man. You can use his template. Also scan CAG for similar cases you'll find what you need, Above all else ensure you submit everything on time.

Be aware if your Defence is too long you may not be able to submit online (MCOL), check if your Court allows it to be sent via Fax, mine did.

 

Best of luck!

Season greetings at Christmas & Happy New Year to all!

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Thank you for your advice DDD - Very much appreciated.

 

I will get straight onto it as I want to file my defence tomorrow.

 

Just out of interest - Would you be able to post roughly what you filed as your defence to the Court?

 

I am basically thinking about using HC's failure to comply with CPR request, and that I believe that most of the claim is made up of mis-sold PPI, administration costs, unnecessary solicitors and court fees.

 

Interestingly, I had a letter from GE Money today saying that they need another four weeks to investigate my complaint. Basically, I had been paying Credit Solutions Ltd to settle the debt and the money was being taken at £1.00 per month but all of a sudden no Notice of Assignment to HC / CL Finance but a County Court Claim appeared!

 

Also, I am unsure of how much they are claiming against you, but do you reckon they would pay for a representative to attend your local Court for a hearing - I owe £205 plus £15 Court Fee and £50 Solicitors Fee.

 

Anyway, will crack on finding the info. Any further advice would be greatly received!

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WonkeyDonkey, I am in debt to the collective on CAG and their support which gave me the confidence to challenge unfair practices that seems to be the norm these days. No claim to have any more knowledge than others, but just sorry I had not found it sooner - I was totally intimidated by DCA some years ago who used all the bullying and forceful tactics. A very worrying & frightening place with little or no formal advice or legal experience.

So I know how badly things can go..... but what do you do between a rock and a hard place? Read and research all you can its really all here...honestly....my actual response if on the 2nd page of this thread just page back to view it....and all the very best with your actions.;)

Season greetings at Christmas & Happy New Year to all!

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  • 5 weeks later...

DDD just poped in to see how you're doing, any news?

I do very little but I do it very, very well :cool:

 

If I've helped give my scales a click

:smile:

 

I have no legal experience and all advice given is based on the knowledge I've gained from this site.

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Lowell Financial (Monument) No CCA - File Closed ** WON**:D

1st Credit (Citi Financial) No CCA - Credit Report Marked 'Satisfied' ** WON **:D

American Express No CCA - Pending

RBS Mint No CCA - Pending

CL Finance (Morgan Stanley) No CCA - In Court:eek:

HSBC - No CCA - In Court:eek:

Link Financial (MBNA) No CCA - Pending

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  • 3 weeks later...

Update...letter from Cohens - inviting I withdraw defence....hmmm

 

Enclosed with this...

 

i) poor photocopy of credit application agreement

ii) statement reprint request (incomplete)

iii) ...plus I noticed a protection scheme incurring a regular monthly cost

 

I could do with guidance to confirm if its what I requested...please :)

Season greetings at Christmas & Happy New Year to all!

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Hi again, did you return the AQ to the court? what date? what did you give for draft directions?

 

Sorry for all the Qs, just seems to have dragged on for quite a while.

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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Hey DDD – Sound’s like they are just about done!

Inviting you to drop your defence – Is that like inviting your opponent in a boxing ring to ‘drop their gloves’!

After filing my defence to the initial County Court Claim form, the Claim was stayed after the 28 days (plus five to serve) as Cohen had failed to confirm that they would like to continue.

I had a similar letter, but presumed it was a mistake and perhaps was supposed to be an invitation to the office Christmas party.

Also, included were a couple of year’s statements (the debt relates to a one off purchase some five years ago).

Had a call yesterday from one of their monkeys, saying that unless I paid in full immediately they would lift the stay and continue.

My response – ‘Are you prepared to pay the fee for having the stay lifted’? The answer was ‘If you are willing to pay the fee we can arrange this’! I asked the caller how his GCSE exams were going and ended the call.

Stand hard DDD – Almost over my friend.

Wonkey Donkey

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Hey DDD – Sound’s like they are just about done!

 

Inviting you to drop your defence – Is that like inviting your opponent in a boxing ring to ‘drop their gloves’!

 

After filing my defence to the initial County Court Claim form, the Claim was stayed after the 28 days (plus five to serve) as Cohen had failed to confirm that they would like to continue.

 

I had a similar letter, but presumed it was a mistake and perhaps was supposed to be an invitation to the office Christmas party.

 

Also, included were a couple of year’s statements (the debt relates to a one off purchase some five years ago).

 

Had a call yesterday from one of their monkeys, saying that unless I paid in full immediately they would lift the stay and continue.

 

My response – ‘Are you prepared to pay the fee for having the stay lifted’? The answer was ‘If you are willing to pay the fee we can arrange this’! I asked the caller how his GCSE exams were going and ended the call.

 

Stand hard DDD – Almost over my friend.

 

Wonkey Donkey

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Great thread! Please keep us updated debtdebtdebt, im in the same position but a few months back, havent even filed defence yet!

 

Be careful with timeframes, otherwise you will get a default judgement

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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Subbing as just found this thread. Have had success against this lot three times so far and fourth one will be sorted by next week. I will put links to the threads in my signature if you want to have a read. In all cases they failed miserably on procedure and evidence to back up their claims:p

BANK CHARGES

Nat West Bus Acct £1750 reclaim - WON

 

LTSB Bus Acct £1650 charges w/o against o/s balance - WON

 

Halifax Pers Acct £1650 charges taken from benefits - WON

 

Others

 

GE Money sec loan - £1900 in charges - settlement agreed

GE Money sec loan - ERC of £2.5K valid for 15 years - on standby

FirstPlus - missold PPI of £20K for friends - WON

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Subbing as just found this thread. Have had success against this lot three times so far and fourth one will be sorted by next week. I will put links to the threads in my signature if you want to have a read. In all cases they failed miserably on procedure and evidence to back up their claims:p

 

Hi gold lady, in my case the judge made an order for them to supply docs beginning of december, then an unless order by 17th dec, still nothing, i wrote to the court pre xmas, asking for strike out, still nothing!

 

What do you suggest.

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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I am having fun with with cl finance & cohens :mad: they don't need to respond to CPR requests ??, my thread

 

http://www.consumeractiongroup.co.uk/forum/legal-issues/175566-upto-eyeballs-cl-finance.html

Lowell Financial (Monument) No CCA - File Closed ** WON**:D

1st Credit (Citi Financial) No CCA - Credit Report Marked 'Satisfied' ** WON **:D

American Express No CCA - Pending

RBS Mint No CCA - Pending

CL Finance (Morgan Stanley) No CCA - In Court:eek:

HSBC - No CCA - In Court:eek:

Link Financial (MBNA) No CCA - Pending

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Hi gold lady, in my case the judge made an order for them to supply docs beginning of december, then an unless order by 17th dec, still nothing, i wrote to the court pre xmas, asking for strike out, still nothing!

 

What do you suggest.

 

 

Hmmm, well I would ring the court to see what has happened. If the judge has got as far as issuing an unless order it sounds as if you have filleted their donkey (as PT is fond of saying). On the fourth case it took three hearings to get the judge to issue an unless order and that runs out on the 16th of this month - this is for another Cagger but we ain't posting on the thread till the show is completely over, rather than tempt fate. But if they haven't complied then it will just be a matter of getting the case before a judge and then you can kiss their ass goodbye:D

BANK CHARGES

Nat West Bus Acct £1750 reclaim - WON

 

LTSB Bus Acct £1650 charges w/o against o/s balance - WON

 

Halifax Pers Acct £1650 charges taken from benefits - WON

 

Others

 

GE Money sec loan - £1900 in charges - settlement agreed

GE Money sec loan - ERC of £2.5K valid for 15 years - on standby

FirstPlus - missold PPI of £20K for friends - WON

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BANK CHARGES

Nat West Bus Acct £1750 reclaim - WON

 

LTSB Bus Acct £1650 charges w/o against o/s balance - WON

 

Halifax Pers Acct £1650 charges taken from benefits - WON

 

Others

 

GE Money sec loan - £1900 in charges - settlement agreed

GE Money sec loan - ERC of £2.5K valid for 15 years - on standby

FirstPlus - missold PPI of £20K for friends - WON

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