C L Finance - Awaiting Court Action. **WON**

[GhostDebt]

p.s or do we write to C L Finance and ask them to write it off and any ideas how to word the letter?

[creditcardmug]

Wait for something from the court, dont contact these t$$$$$s:mad:

[GhostDebt]

Patience is a virtue so they say, so we will wait and see if we here anything further from the court.

Many thanks.

[GhostDebt]

Evening everyone, for those who have been following this thread here is the latest update.

 

We received a letter today from Howard Cohen & Co saying.

 

Dear Mrs ...

Re CL Finance vs Yourself

Account.... Balance...

Claim.....

 

We refer to the defence you have recently filed in this matter.

 

We write to confirm that this matter relates to your ... account which was assigned to CL Finance Limited on ... Dec 2006

 

Please find enclosed a copy of the signed agreement (This was basically a photocopy of what was sent previously - see earlier post in thread.)

 

We now invite you to withdraw your defence and submit an offer of repayment for the outstanding balance.

 

We trust this is in order and look forward to hearing from you.

 

Yours Sincerely......

 

Now, having contacted the court and knowing if they don't reply to the court by Tuesday 24th the case should be stayed. I think we'll wait and see what happens, especially since they still haven't provided any of the other documents we requested, including any evidence they have a right to claim against this account.

I think should it get stayed by the court it might be worth the £75 to get the stay lifted and the claim struck out...

Anybody else have any further comments?

 

Many thanks.

 

p.s if we do get allocation questionnaires in the post I may need some more help from all the wonderful CAGers on here.

 

Cheers

[UnmoderatetheNet]

 

We now invite you to withdraw your defence and submit an offer of repayment for the outstanding balance.

 

 

This sounds like the letter of desperation.

 

I am truly stunned by CL's actions where do they draw the line!!!!

 

Could they for arguments sake not bother sending papers to you at all,obtain a CCJ in your absense and claim they informed you by post, it's not there fault if you do not defend or show up????

[Goldlady]

Well I have seen on other threads where they have written to say they have obtained judgement and enclose a payment book. I don't think they can cope with people who have the audacity to defend themselves!

[PGH7447]

Well I have seen on other threads where they have written to say they have obtained judgement and enclose a payment book. I don't think they can cope with people who have the audacity to defend themselves!

 

Maybe I will get one of these I do hope so, Defence filed last night:)

[GhostDebt]

Hello everyone - A quick update.

 

We contacted the court today to ask on the status of the claim.

The court have said it is stayed.

 

Unless the claimant pays to lift the stay and issue docs, what should the next course of action be?

Should we just let it drift off, or should we lift the stay ourselves and try to have it struck out? How long should we wait before doing this?

Should the claim be struck out, what happens then?

Can it be passed to another DCA to collect or is that it, done and finished..

 

Many thanks for your support and advice so far.

 

Best regards..

[Goldlady]

With our three we just let it drift. One was passed onto another DCA - the delightful Link - and we just said well it failed in court so what are you going to do? I guess it depends how confrontational you feel.

 

I am very much in the 'let sleeping dogs lie' camp personally:D

[creditcardmug]

They have to either lift the stay, or discontinue at some point, the court wont wait forever, and will force them to move at some point.

 

I would wait longer personally, you could force the issue, this would cost money, but i think its too early at this stage.

[tosh1]

subbing

[UnmoderatetheNet]

Either way it costs the good 'ol DCA which is always a bonus

[ncf355]

Hi

 

I think you have waited long enough

 

I would be inclined to write to the court (just a letter, not an application so it doesnt cost you) and ask them to strike out based on lack of default notice (required before they can sue for the balance) and lack of deed of assignment to show they have the legal title to sue

[master woody]

update?

[GhostDebt]

Hello everyone,

 

Not heard anything yet.As far as we know it is still stayed. Just wondering if we should have written confirmation from the court to say this? No AQ either..

[creditcardmug]

Well they are on the brink of going bust it appears, so you might have to make an application for strike out, of maybe write a good letter to the court, (to save money)

[creditcardmug]

Well they are on the brink of going bust, it appears, so may be time for an application notice for strike out, or a letter to the court to save money

 

http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/185757-cattles-suspends-lending-through.html

[shredder10]

Ive been searching the ico data protection public register and cant find an entry for cl finance, but found one for cohen but not for debt collection and factoring. will sombody else do a search on the ico website just incase im being a numpty as usual

[GhostDebt]

Evening everybody.

A quick update.

Allocation Questionnaire N149 received in the post yesterday.

A brief summary:

Claim form sent

Acknowledgement of service sent along with CCA request and CPR request.

Agreement provided (see earlier post) which from earlier comments appears Ok.

No other documents as yet sent in response to CPR request specifically a notice of assignment/deed of assignment.

 

Does anybody have any suggestions on how to fill in the N149.

Especially as Cohens/CL seem to be having some problems and name changes. Does this have any impact on the validity of the claim form?

 

All comments greatly appreciated, many thanks.

[GhostDebt]

Hi everybody,

 

can anybody advise on AQ please?

[ncf355]

They apparently use Howard Cohen as trade name now

 

What probs are you having with the AQ?

[ncf355]

You should just state :

 

a) "NO" (you do not wish for a stay to discuss settlement)

 

b) "NO" (this assumes you are happy with the court the claim is currently residing at - hopefully your closest court?)

 

c) "YES" (you agree that the most suitable claim is small claims track)

 

d) Leave blank (you wont call witnesses)

 

e) "NO" (first box only - this answers all the rest by default - you do not intend to call experts reports)

 

f) Only you can answer this - are there any days you cannot attend?

 

g) other information - enter anything you feel the judge may find useful?

 

(possibly inform him the Claimant falsely claimed judgment and enclose a copy of their letter, also stating you called the court and they told you HC had attempted to force judgment through twice - he may be interested in this?)

 

h) fees - no (AQ fee is paid by Claimant)

 

i) Obvious - signature/date etc

 

 

Hope this helps!

[harrassed senior]

In 2006 I was under investigation for heart failure and sent a doctor's note to Northampton Court saying I could not attend. Same company got a judgement by default. However, having had the certificate and an OK letter from the Court I thought no more about it. The matter rested for a whole year until Aktiva got hold of it in 2007 and they are still chasing through BCW to this day. CCA'd and got just Statements. I have, as yet, made no reference to the 2006 CCJ. Not sure I come into this discussion or not!

 

 

oops posted in the wrong thread ! will re-post in correct one now - apologies.

Edited March 7, 2009 by harrassed senior

[creditcardmug]

Bump tomorrow if you need any further help with the AQ

[shredder10]

Is this the same cohen.

 

Name & Registered Office:

HOWARD COHEN LLP

29 PARK SQUARE

LEEDS

WEST YORKSHIRE

LS1 2PQ

Company No. OC329555

 

Status: Active - Proposal to Strike off

Date of Incorporation: 04/07/2007

 

Country of Origin: United Kingdom

Company Type: Limited Liability Partnership

Nature of Business (SIC(03)):

None Supplied

Accounting Reference Date: 31/07

Last Accounts Made Up To: 31/07/2008 (DORMANT)

Next Accounts Due: 30/04/2010

Last Return Made Up To:

Next Return Due: 01/08/2008 OVERDUE

Previous Names:Date of changePrevious Name26/10/2007COHEN'S SOLICITORS LLP