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County Court Claim (Howard Cohen/CL Finance)


lynpax
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Hello, was issued a court claim on 17/7/08 from Northampton CC.

 

After reading a few threads on here i decided to defend (online). Just to give me a bit of time.

 

I subsequently responded by requesting info under part 18 cpr.

 

I recieved nothing until 27/9/08.

 

They've sent me the CA and past statements (some missing).

 

I've also recieved a NoA from Howard Cohen saying that CL finance have been assigned this debt as from 7/7/08.

 

Any advice?

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Hi, thanks for the reply. I sent this defence to the court yesterday. After reading a lot of threads it seemed to be a pretty standard defence, as they haven't furnished me with everything I requested.

 

Plus there is about £100 in late payment fees on the account.

 

I'd appreciate any info/pointers on where i'm at at the mo.

 

IN THE NORTHAMPTON (CCBC) COUNTY COURT

CLAIM NUMBER **********

BETWEEN:

CL FINANCE LIMITED

Claimant

And

Lynpax

Defendant

DEFENCE

1. On 14 July 2008 CL FINANCE LIMITED commenced proceedings against the defendant for £***** plus interest, a debt allegedly incurred under a credit agreement between the defendant and GE Capital Bank Ltd 2. The Claimant states the debt was assigned them by a deed of assignment dated 9 July 2008.3. The defendant does not admit or deny the debt, but puts the claimant to strict proof thereof.4. The defendant has not received a valid notice of assignment for the alleged debt from the original creditor and therefore put the claimant to strict proof that privity of contract exists between the claimant and Defendant.

6. The claimant’s solicitors were requested by letter dated 15 July 2008 to produce the following various documents under Part 18.1 of the Civil Procedure Rules viz., a copy of the executed credit agreement, a true copy of the alleged assignment and any default notice from the original creditor together with some form of proof of postage that this notice was sent to the correct address and was served with the proper notice before this claim was submitted.7. To date, the claimant’s solicitors have acknowledged the request, but have not supplied the full requested documentation.8. The defendant has not received a copy of any default notice from the claimant, and asks that the claimant provides the court with a true copy of such a notice, and with some form of proof of postage that this notice was sent to the correct address and was served with the proper notice before this claim was submitted.9. The defendant respectfully asks the court to order the disclosure of the credit agreement, notice of default in the form required by the Consumer Credit Act 1974, and notice of assignment in the form required by the Law of Property Act 1925.The defendant also requests that the court order the claimant to disclose a list of all charges made to the account and a list of the costs associated with each charge for the last 6 years in order for them to prove that the debt amounts to the amount claimed.10. The defendant also respectfully asks the permission of the court to amend this defence when the above documents are provided by the claimant.

Edited by lynpax
Claim No. visible
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If you look under my username, if you haven't already read my threads, my OH and I have managed to kick this lot out at the court steps 3 times. Your defence sounds fine and I really believe that these lot rely on people not standing up for themselves.

 

I think the courts are getting a bit sick of them as well.

 

The credit agreement they have sent you - is it valid - mine were debatable but I stood my ground on the basis that they were application forms.

 

Best of luck..... Twice we went to court all guns blazing to find that they had withdrawn their claim - bit disappointing when you are all ready for a fight but marvellous really: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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Hi lynpax, first off take the claim number off that post above, we dont want you to be identified by "anyone".

 

Have you received/filled in an Allocation Questionaire, from the dates you have given, this all looks a bit protracted.

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 lynpax, first off take the claim number off that post above, we dont want you to be identified by "anyone".

 

Have you received/filled in an Allocation Questionaire, from the dates you have given, this all looks a bit protracted.

 

 

Have not received an AQ.

 

TBH I know I owe the debt and it's not that i'm disputing, it's the amount they're trying to claim. When the debt was with Viking I owed approx £270. I was making payments when I could but they suddenly sold the debt to these.

 

I phoned the court on Thursday to see where the claim was upto and the clerk just said I can still file a defence as they'd not done anything other than issue it. It was only after reading a lot of the threads in this section that I thought i'd defend TBH.

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  • 1 month later...
Have not received an AQ.

 

TBH I know I owe the debt and it's not that i'm disputing, it's the amount they're trying to claim. When the debt was with Viking I owed approx £270. I was making payments when I could but they suddenly sold the debt to these.

 

I phoned the court on Thursday to see where the claim was upto and the clerk just said I can still file a defence as they'd not done anything other than issue it. It was only after reading a lot of the threads in this section that I thought i'd defend TBH.

 

 

....

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GE managed to lose quite a lot of our statements. And there were major cock ups with the time scales of serving defaults and notices of assignment - in one case after the claim had been issued:rolleyes:. I was all prepared to argue that if they could not produce full statements they could not prove what we had actually paid during the missing months.

 

Anyway, best of luck. Just keep on pushing them for the additional information...... I was in court with another cagger last week against this lot and their solicitor turned up with two sheets of paper saying that she was sorry they could not obtain the paperwork ordered by the judge. In three weeks time the claim will be struck out :D

 

Best of luck - keep on fighting.

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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  • 4 weeks later...

I've recieved a letter from the court on xmas eve.

 

IT IS ORDERED THAT

 

The district judge has considered your case is suitable for mediation. The court mediator has been asked to invite you to use the free Small Claims Mediation Service, if you wish to take up this offer, please contact the Court Mediator within 7 days. (Phone No. Supplied).

 

Any advice?

 

Thanks.

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It will probably go in your favour if you agree to it. You said above that the original debt was about £270 but you haven't said how much they are now claiming as far as I can see. If it is a ridiculous amount higher then you might be able to come to some sort of agreement to settle, bearing in mind that Cl Finance will have bought the debt for peanuts.

 

Or you can carry on to court on the basis that they have not supplied you with full information - I seem to remember that there were statements missing.

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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Were there charges on the original £270? Or would you be happy to settle for this?

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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Thanks GL.

I've already claimed for some of the charges but a lot more charges & interest seems to have been added.

I'm gonna phone the mediator on monday and see what exactly they expect me to do. As Cohen's have obviously issued the claim without having all the correct aggreements etc.

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OK, but don't commit to anything unless you are happy with it;)

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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