CL Finance/Cohens, Mistake?

[Satterthwaite]

Today my wife has received a claim from Northampton CCBC,

 

 

It is confusing because the claimant's, CL Finance are quoting an agreement between her and Barclay's Bank re a Barclaycard assigned to them, it also makes mention of a default notice re the Barclaycard.

NO WAY has she ever had a Barclaycard.

 

 

I think CL Finance and in particular their Solicitors have made a mistake and it is her Egg Card they should be claiming for.

 

 

Does anybody know the best way forward?

 

 

I am tempted to submit a defence denying the claim and let them bumble along because they can never prove she had a Barclaycard.

[42man]

If she has categorically never had a Barclaycard, and if this was me I would defend....you've got 14 days to acknowledge the claim within the date on the claim form and a further 14+3 days to submit a defence.

 

In the first instance I would send this letter recorded.

 

Dear Sir,

 

Re: (Claimant's name) v (Your name) Case No:

 

CPR 31.14 Request

 

On (date) I received the Claim Form in this case issued by you out of the (Name) County Court.

 

I confirm having returned my acknowledgement of service to the court in which I indicate my intention to contest all of your claim.

 

Please treat this letter as my request made under CPR 31.14 for the disclosure and the production of a verified and legible copy of [each of the following / the] document(s) mentioned in your Particulars of Claim:

1 the agreement. You will appreciate that in an ordinary case and by reason of the provisions of CPR PD 16 para 7.3, where a claim is based upon a written agreement, a copy of the contract or documents constituting the agreement should be attached to or served with the particulars of claim and the original(s) should be available at the hearing. Further, that any general conditions incorporated in the contract should also be attached.

 

2 the assignment

 

3 the default notice

 

Your client should ensure compliance with its CPR 31 duties and ensure that the documents I have requested are copied to and received by me within 7 days of receiving this letter. Your CPR 31 duties extend to making a reasonable and proportionate search for the originals of the documents I have requested, the better for you to be able to verify the document's authenticity and to provide me with a legible copy. Further, where I have requested a copy of a document, the original of which is now in the possession of another person, you will have a right to possession of that document if you have mentioned it in your case. You must take immediate steps to recover and preserve it for the purpose of this case.

 

Where I have mentioned a document and there is in your possession more than one version of that same document owing to a modification, obliteration or other marking or feature, each version will be a separate document and you must provide a copy of each version of it to me. Your obligations extend to making a reasonable and proportionate search for any version(s) to include an obligation to recover and preserve such version(s) which are now in the possession of a third party.

 

In accordance with CPR 31.15© I undertake to be responsible for your reasonable copying costs incurred in complying with this CPR 31.14 request.

 

If you require more time in which to comply with this request you must tell me in writing. You must tell me before the time for compliance with this request has expired. In telling me you require more time you must tell me what steps you have taken and propose to take in order to comply with this request and also state a date by when you will comply with this request. In addition your statement must be accompanied with a statement that you agree to an extension of the time for me to file my defence. Your extension of time must be not less than 14 days from the date when you say you will have complied with my request and you must state the new date for filing my defence.

 

If you are unable to comply with this request and believe that you will never be able to comply with this request you must tell me in writing.

Please note that if you should fail to comply with this request, fail to request more time or fail to agree to an extension of time for the filing of my defence, I will make an application to the court for an order that the proceedings be struck out or stayed for non-compliance and a summary costs order.

 

I do hope this will not be necessary and look forward to hearing from you.

 

yours faithfully

[Satterthwaite]

42 Man, Thanks. Letter on its way today.

[creditcardmug]

You're the 3rd one today with this,CL have just bought a bunch of egg accs.

and it looks like they have made the same mistake on all the claims they have issued.

 

I would acknowledge and defend all on the basis that they cant win because they cant possibly produce a barclaycard agreement.

 

Then hit them for your costs at the end of the day:D

[The_Grumlin]

I think this has happened before and they were allowed to change the POC:(, check with Northampton Court that they have not amended the POC to reflect the correct details.

[Satterthwaite]

We have received an amended POC showing the correct details.

[42man]

Did you send the CPR31.14 ?

[pookeymonkey]

Hi Satterthwaite,

 

subscribing as I am one of those in the same boat!

 

Have you checked the account reference number on the ammended POC as I know several of ours are now wrong. Only slightly different, but still wrong.

 

Good luck

 

Pookey

[Satterthwaite]

42Man, yes I sent the CPR31.14 no reply as yet.

 

P M yes the number is wrong, also I do not think they have complied properly because it was receceived after the summons, although the date on the letter is the same day as the summons, personally I thinks they have just back dated the letter.

[42man]

Keep a close eye on when the defence has to be filed Satter.....

[hannabarbera]

...also I do not think they have complied properly because it was receceived after the summons, although the date on the letter is the same day as the summons, personally I thinks they have just back dated the letter.

Check the postmark on the envelope - you may find it is two days after the date on the letter and the issue date. Deliberately deceitful if it is and a try on.

[creditcardmug]

Can you confirm you have acknowledged the claim?

 

What is the date on the claim form?

[Satterthwaite]

The issue date from Northampton was the 8th Dec, the letter from Cohens was also the 8th but postmarked the 11th.

 

The claim was received on the 10th and the CPR request was sent to Cohens on the 10th we have had no reply to it. They are well out of time.

 

Using MCOL I think I may have made a mistake, rather than acknowledging service and waiting for a reply from Cohens I actually submitted a defence. The defence I submitted was this,

 

1 The Defendant is unable to plead to the claimants statement of case as matters stand as the statement fails to comply with CPR 16

2 The Defendant has never had an account with the Claimant or Barclays nor has the Defendant had any financial association with the Claimant or Barclay's. The Defendant puts the Claimant to strict proof of such relationship with Barclay's Bank Plc

3 In view of point 2, the Defendant is unable to plead further.

 

Not sure at this stage what to do any help would be greatly appreciated.

 

Thanks

[pookeymonkey]

I put in the same defence.

 

I acknowledged on the 9th as soon as I recieved the court papers and then submitted the defence on the 11th, so there is no way I could have recieved the ammended POC before defending, as mine is also postmarked 11th. What date did you submit your defence?

 

I am not sure whether to now leave be and see what happens or to write to the court to point out that Cohens have obviously backdated their letter with the ammended POC in an attempt to mislead. My feeling is to leave it and if it gets to court bring it up then. If in the meantime they discontinue we can apply for our costs as we have submitted a defence.

 

Pookey

[Satterthwaite]

P M,

I submitted the defence on the 16th so Cohens have 28 days to reply, so I think I will just wait and what if anything they come back with.

 

S

[Satterthwaite]

I have heard nothing from Cohens or the Court, the 28 days they had in which to reply has passed.

Does anybody know if the case is automatically stayed?

 

Thanks.

[Josie8]

I have heard nothing from Cohens or the Court, the 28 days they had in which to reply has passed.

Does anybody know if the case is automatically stayed?

 

Thanks.

 

 

yes

[Satterthwaite]

Thanks Josie for the quick reply,

 

One last question can they apply to have the stay lifted in the future.

 

I would not be to worried if they did just wondered.

[scarydays]

Hi there,

 

I'm looking for assistance on a similar problem. I have forms N9A and N9B in from Northampton County Court in respect of a claim by CL Finance for debt owed on a Barclay card. I also have never had a barclaycard, but believe it is a Goldfish card that has been assigned. However, any correspondence that CL finance had with me was sent to an old address (left there in Oct 2005) and I only received it because the tenant sent it on after Christmas. I would never have even known that this case was being taken. I have not received the court documents from CL finance or Cohens. I only have them because I contacted the court once I found out and they have sent them on. The date of issue is 12/01 and the date of service is 17/01.

 

Any help one what I should do would be appreciated.

 

Thank you

 

SD

[DocH]

Hi scarydays, I've just posted a reply on your thread.

[pookeymonkey]

Hi SW,

 

I was going to leave it to the end of the month and then phone the Court, but the post just arrived.

 

I got a letter from the Northampton Court with a Notice of Transfer to my local court and an Allocation Questionaire.

 

Be interesting to see how confident they are when it comes to paying the £225.00 fee to proceed to the next stage.

 

Pookey

[Satterthwaite]

Received a letter from Cohens, refers to the defence we have filed they think it is not a very good defence and can apply to the court to have the defence struck out. The next paragraph says but to bring this matter to a speedy conclusion their client is prepared to accept a lump sum as final settlement.

 

The lump sum they are proposing is half the amount on the claim, so Cohens have such a good case they are prepared to forego about £1,500.

 

Bunch of jokers, also the letter contains an error (not posting it here) regarding the claim, I do not think I have read a letter yet that has not had some material fact written in error.

[Satterthwaite]

Cohens would have received the defence on the 19th December, so the 28 days to reply is well up, the claim is now stayed. How easy is it for them to apply to have the stay lifted? Does anybody know?

[pookeymonkey]

Hi, quick update as we all seem to be progressing at different rates.

 

Filled in and filed the Allocation Questionaire.

 

Today I recieved a Notice of Allocation to Fast Track.

 

It states that a District Judge has looked at the questinaires and has made several Orders. I am not going to be too specific as I dont want any snoopers tracing this back to my case. But it appears the Judge has been quite sympathetic to me and has ordered that a set of ammended POCs are served on the Court and myself within a very short deadline and on the same daydisclosure of all the documents they intend to rely on must be made and that I should be supplied copies of these or go to view them within 7 days of request!

 

I have to put 'Mini-me' to bed but I am going to start my own thread later, as from all the CL/H Cohen cases that are identical mine seems to have progressed the furthest.

 

Pookey

[Satterthwaite]

I need to be a bit more pro active with this. Is there a letter I can write to Northampton or form to fill in to have this struck out?