ge money store card CCA return /viking cca reply

[guzzleguts]

Hi cop

 

I am in the same position as you cohens never respond to cpr requests, mine was small claims but until the court issue a track for the case cohens should comply with it.

I ended up sending directions and a covering letter with my AQ to the court asking for disclosure of all relevant doc's they are relying on.

I had a lot of help from creditcardmug, couldnt of done it without cag.

 

If you want to look at my thread il post it up for you.

 

GG

[guzzleguts]

Help with cca?/GE money. (1 2 3 4 5 ... Last Page)

guzzleguts

 

GG

[r&b]

Thanks R&b

Have my full & final ready to go also i think i should still send cpr31 aswell although i don't expect them to respond or send the docs out

help me with covering letter for the cpr would be really appreciated (in case they don't accept full & final)

also just to clarify should my full & final go to HC solictors or claiment CL finance

Thanks

Copier

 

nice one GG, send it to the sols i would say. i would send the cpr as well give them 7 days to comply. try this with it if no one has any changes or other ideas.

Dear Sir,

Thank you for your letter of xx xxxx 2009 in reply to my request for disclosure under the Civil Procedure Rules.

In your letter you state that this matter relates to small claims and therefore Civil Procedure Rules do not apply. From this I take it that you refer to CPR27, however may I refer you to CPR26.8 which deals with matters relevant to allocation to track and in particular part (1)© which states:

 

“(1) When deciding the track for a claim, the matters to which the court shall have regard include-

© the likely complexity of the facts, law or evidence;”

 

As this case revolves around the issue of the enforceability of complex contract documents governed by the Consumer Credit Act 1974, I fail to see how this can possibly be allocated to small claims track and therefore I am at liberty to ask for disclosure under the CPR. Indeed as no track has yet been allocated I enclose a further CPR31.14 request for disclosure with which I trust you will conform. Should you not be able to do so, I require your reasoning in writing within the timeframe of the aforementioned request.

For the reasons outlined above I would appreciate a swift response such that I may formulate a defence to the case against me and save the resources and time of the Court by dispensing with the need to file an embarrassed defence and subsequent amendments.

 

 

Yours Faithfully

[Copier]

Thanks you R&B

letters will be sent today hopefully they will accept my offer then i will be done with them, but best to be prepared

 

GG thankyou have subscribed to your thread will be keeping a close eye on developments

Best wishes

copier

[guzzleguts]

Looks good r&b

 

The judge in my case had given cohens 14 days to comply with an order to supply certain doc's, they filed the doc's late and not all the paperwork was filed anyway.

 

So i filed an application notice to strike out their claim, just waiting to see what happens next.

 

Good luck with yours copier, but with cl finance and cohen's you probaly wont need it.

 

GG

[Copier]

Hi R&B ,GG

just trying to prepare my defense so i'll post up what i have got so far with alot of borrowing from various threads Thankyou

No response as of yet to my Full & Final Offer & CPR request

so here goes, please if anyone has anything to add or amend please do

Got untill the 30th to defend

 

1. I xxxxxxxxx of xxxxxxxxxxxxx am the defendant in this action and make the following statement as my defence to the claim made by xxxxxxxxxxxx

 

2. Except where otherwise mentioned in this defence, I neither admit nor deny any allegation made in the claimants Particulars of Claim and put the claimant to strict proof thereof.

 

3. The claimants particulars of claim are vague and fail to disclose any cause of action, they appear to be an abuse of the process in that they fail to deal with the basic rules of pleading in accordance with the CPR even allowing for the constraints of the bulk issue system

 

4. No documents supporting the claims in the particulars have been offered and despite a request to the claimant for further information none has been forth coming and as a result I cannot plead in defence to the claim.

 

 

5. It is neither admitted or denied that any documents in the particulars of claim was ever received and the Defendant puts the Claimant to strict proof that said documents were served to the defendant.

 

 

6. Without clarification of the claimants claim, the defendant is extremely disadvantaged and the claimants claim appears without merit, the defendant asks to be allowed to submit a fully particularised defence should the claimant provide copies of the original documents he will rely upon.

 

 

7. Further to that above 6 paragraphs, the defendant is unable to plead effectively or at all. The defendant is embarrassed.

 

8.As laid out in point 4 the defendant requires that the claimant provide the requested information and proofs and authenticities. The defendant requests that the court order that the claimant supply the information requested.

 

 

 

Statement of Truth

I believe that the facts stated in this defence are true.

I am the Defendant.

 

Signed:

 

Thanks

Copier

Edited June 23, 2009 by Copier
Unreadable

[Copier]

Bump

[guzzleguts]

Hi C

 

Looks ok, apart from para4.add the CPR request that you have sent. ie. 31.14 or was it 18?, and state you have proof of service. are you submiting this online?

And para 8, The defendant politely requests the court.

You do not want to get off on the wrong foot.

 

GG

[Copier]

Hi GG

Thankyou Thankyou Thankyou

Sent 18 & 31

I was wondering whether to submit online i have untill the 30th,so starting to worry a little on timescale to post off or if it's a safer option to go via mcol also if i do submit online when would the cut off be likely to be?

Don't want to give them chance to sneak in a judgment

Thanks

Copier

[AndyOrch]

Hi Copier

 

You have until 4.00pm 30th June if submiiting by post.MCOL should allow anytime up until midnight to allow input.I would advocate MCOL far safer and you can print off your reciept as proof of submission, also save on the postage.

 

Regards

 

Andy

[Copier]

Thanks Andy

 

will do on the 29th i think by mcol ,Just to be safe

 

Thanks Copier

[Copier]

Hi

received a reply from hc with a copy of an application form which they say is a cca, not too sure if this is valid or not if someone could take a look i would be grateful

This is just a copy of a fax that Hc requested , nothing on the back of the sheet

 

Thanks

Copier

http://

[guzzleguts]

Hi copier

 

it could be enforceable if they have the original, the prescribed seem to be there.

 

The line across the middle looks suspect.

 

GG

[Copier]

Thanks GG

bad news, Hopefully my sar should throw something helpful when i recieve docs back

don't expect to win/settle this

 

Thanks

copier

[guzzleguts]

I can not remember did you receive a DN if so was it valid. IMO they would still have to produce the original cca in court and if the DN is valid i would ask them for proof of service.

 

Let me know about the DN.

 

GG

[Copier]

Hi GG

sorry for late response but i wanted to check my letters again to make sure, no default notice, just viking pay nows

If it helps i can scan next week everything i have, or a couple of examples of what the have sent?

Thanks

Copier

[guzzleguts]

Hi c

 

On the claim form does it state that a Default Notice has been served?

 

Because they need to serve you one to issue a claim against you, its only because they can get away with it processing the claim through Northampton bulk center.

 

 

 

GG

Edited August 1, 2009 by guzzleguts

[Copier]

Hi GG

Oh yes, they say default notice has been served in the poc, although i do not have a copy, received notice of assignment from hc just a day or so before receiving my claim form

No letter from cl finance or anything , just straight to court with hc

 

Copier

Edited August 1, 2009 by Copier

[guzzleguts]

Does that mean no they didnt state that on the claim or they did

 

GG

[Copier]

sorry not a morning person ( pressed submit befor finished typing)

yes they did state that on the poc they served a default notice

 

Copier

[Copier]

forgot to add in the letter from hc that came with the copy of the cca

they again state as previously advised this matter is subject to small claim & therefore part 31.14 does not apply despite the letter i sent that R&B helped write regarding my previous cpr

 

copier

[guzzleguts]

Until the court have given it a track they can not use that excuse, my case is very similar and i have a CMC hearing in September.

 

But on the DN issue this is a major ace up your sleeve if they can not produce one or can not provide proof of service they are stuffed imo.

 

I have also received that letter from cohen's, and it will not impress the judge.

 

When the AQ's arrive you can direct the judge to order cohen's to furnish the document's you want to see, because they failed to comply with your CPR request, and as in my case also question what track this case should be, the disclosure in the small claims is not as good as fast track. Read through my thread again regarding the AQ's and directions.

 

In my case they still haven't supplied one of the document's the court have ordered and i have had to file an application notice to have it struck out, still waiting for a decision on that.

 

GG

[Copier]

Thanks GG

I was reading your thread again earlier & started to see where you were going with the dn (maybe light at the end of the tunnel)

sorry for sounding like a headless chicken,but all of this can get you down

& sometimes the more i read, Arrgh, i still get foggy brain & have to constantly double check things. My other half constantly tells me off for repeating thing twice over,but had quite a bit of stress recently but got to keep going lol

no aq as of yet my defence was processed as of the 30th june but from reading other threads seems to be they can come late

 

have a good,stress free, weekend

 

copier

[Copier]

Hi

received a letter from lewis debt recovery who act for cl finance offering me a 50% discount if i pay by next week to settle the debt ( although i don't have the money to settle)

Are lewis group associated with Howard Cohen??

 

thanks

copier

[guzzleguts]

Yes they are in the same group of companies, i have received the same offer and filed it under no chance.

 

They have had their chance to act in a reasonable way over this, and as it is cohens and cl finance, they will mess up somewhere along the way to court.

 

GG