CCJ from CL finance (Howard Cohen)

[creditcardmug]

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.

[debtdebtdebt]

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

[creditcardmug]

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.

[debtdebtdebt]

Thanks creditcardmug, that makes 33 (working) days - Weds 12th Nov. Will follow up with the court on the day, presuming nothing else has been communicated.

[Wonkey Donkey]

Hi DebtDebtDebt,

 

Hope all is going okay - Just wondered if you could tell me what you filed as your defence?

 

I am in the same situation as you and need to file something by this Friday!

 

Any info would be great!

[debtdebtdebt]

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!

[debtdebtdebt]

As was suggested I am now referred to local court following 'Small Claims' track with an AQ to fill out....

[Wonkey Donkey]

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!

[debtdebtdebt]

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.

[tendogs]

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

[upto the eyeballs]

subbing

[debtdebtdebt]

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

[creditcardmug]

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.

[Wonkey Donkey]

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

[Wonkey Donkey]

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

[Wonkey Donkey]

:D

[adamski]

can you post the agreement

[will lliw]

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

[creditcardmug]

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

[Goldlady]

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

[creditcardmug]

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.

[upto the eyeballs]

I am having fun with with cl finance & cohens 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

[Goldlady]

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

[Goldlady]

http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/115750-goldladys-oh-cohens-cl.html

http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/101147-help-summons-received-dca.html

http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/118810-goldlady-cl-finance-round.html

http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/124253-me-cl-cohen-received.html

 

Couldn't fit them in my signature but these are the ones I have been involved with:D

[creditcardmug]

Thanks GL, couldnt afford to do it on an AN so just took a chance and wrote to the court, will keep my thread updated.