Howard Cohen County Court Claim For Welcome Finance **WON - DISCONTINUED***

[YoungMan]

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[Viscount Stair]

Call the court on Tuesday to check whether or not the proceedings are still active, that the acknowledgment of service was received and who is on the record as the claimants' solicitors.

 

Assuming that the answer to the first two is yes and the third is Cohens, then you should write to Cohens copied to Wellcome, asking them to explain why they have misled you as they have (I bet they say it was an administrative error or something similar), asking for a substantive response to your CPR 18 request and reserving the right to draw the matter to the attention of the court.

 

You will probably need to put in a holding defence and to refer to these antics at the Allocation Questionnaire stage.

[YoungMan]

I will call the court on Tuesdday.

 

many thanks Viscount Stair

[coffeeangel]

Hello to all of you and apologies for tagging on but I too have received court papers regarding Welcome Finance and need your help.

 

I have recently come out of hospital from undergoing major surgery and on my return home found a letter from Howard Cohen telling me that I had seven days within which to pay the full amount owing. I have also never received a default notice from Welcome Finance or Howard Cohen. In the whole time I had the loan with Welcome I have only ever received two pieces of correspondence from them; one regarding "Notice of Variation to Agreement Number: XXXXX" and a personal loan statement which suggests the loan was taken out in September 08 as opposed to January 08 which does not detail payments I have made. Is the Notice of Variation their version of a Default Notice? I am pretty sure it isn't as it did not enclose a copy of the OFT information sheet on default. Also the amounts differ hugely!

 

Looking at the advice given, should I too acknowledge receipt of the claim online and get a CPR letter sent to Howard Cohen? My court papers are dated 6th April 09 so I need to get my response in today.

 

I am trying very hard not to stress about this but its very hard. Not aiding my recovery in the slightest!

 

Thanks to all of you in advance for any help you can give me too --- its been a very long time since I worked at a litigation secretary and so your help, in fact all the advice on this forum and group is invaluable!

 

Best,

 

CoffeeAngel

[postggj]

afternoon coffeangel

 

another satisfied welcome customer

 

please start your own thread as not to confuse with this one

 

 

send this to these muppetts howard cochen by recorded delievery, print, never sign your name

 

 

Firstly you have to acknowledge service, you should have a password on the court papers to be able to do this online.

 

You need to do this ASAP with the intention to defend all.

 

You then need to send this letter to the solicitors who issued the claim

 

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.

 

[Prior to the issue of proceedings I had delivered a request for the production of the agreement mentioned in the Claim Form and on which you rely. That request was ignored][delete if no such request was delivered]

 

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*

 

4 the termination notice*

 

5 [any other documents mentioned in the Particulars of Claim]*

 

* delete if not mentioned in the Particulars of claim.

 

[Although your claim is for a sum which is not more than £5,000.00 and will in all likelihood be allocated to the small claims track for determination upon my delivering a defence, at this moment in time I have not delivered my defence and the case has not been allocated to a track. In consequence the provisions of CPR 27(2) are of no effect and you should not seek to avoid compliance with your CPR 31 duties by claiming otherwise]#

 

# delete if claim for a sum exceeding £5,000.00

 

You should ensure compliance with your CPR 31 duties and ensure that the document(s) 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

[coffeeangel]

Thank you postggj. I will do that now. Thank you also for clarifying my next move. I have completed the acknowledgement online as you have suggested. As I can't print at the moment, I have saved to my computer and also sent a copy to my email address which I will forward along with the CPR letter to Howard Cohen to my sister who will print it for me tonight at work. Thankfully the local post office is not too far of a walk for me to get to tomorrow, so I will send by recorded delivery.

[coffeeangel]

Own thread started now....... "Welcome Finance and Howard Cohen".

 

Quick question though, do you think it would be a good idea to send the letter by fax too or just recorded delivery?

 

Best,

 

CoffeeAngel

[YoungMan]

I called the court they said the claimants' solicitors is Cohen and the proceedings still active.

 

I will write to Cohen about this

 

Cohen did not respond to my CPR request what i can do, should i write to the court

[creditcardmug]

I called the court they said the claimants' solicitors is Cohen and the proceedings still active.

 

I will write to Cohen about this

 

Cohen did not respond to my CPR request what i can do, should i write to the court

 

They used to write flatly refusing to comply with the CPR, i notice they arent even bothering now:rolleyes:

 

Welcome/cohens are the same company, so they are waffling, hoping to hoodwink you.

 

I take it you have acknowledged that you will be defending all?

 

What date must you file the defence by?

[YoungMan]

by 30/04/2009

[YoungMan]

which letter I can send to the court to push Cohen to comply with my CPR request?

any Link

 

many thanks to you all

[creditcardmug]

which letter I can send to the court to push Cohen to comply with my CPR request?

any Link

 

many thanks to you all

 

There isn't a letter, if you want to be pro-active, you will have to make a formal application to the court to have the claim struck out (cost £75) i doubt this would work.

 

Much better to concentrate on your defence, suggest you read as many threads as you can, particularly concerning Welcome/Cohen/C L Finance.

 

Shout if you need help with the defence, its important you get it right.

[Viscount Stair]

How is this going?

[YoungMan]

I am moving home I find it hard to fill my defence because i do not have net at home i will try to fill it soon

[YoungMan]

Please I need help here

 

I want to know when I have to file my defence

 

the claim served on 30/03/2009

 

Do I have to file today 27/04/2009

[Josie8]

Please I need help here

 

I want to know when I have to file my defence

 

the claim served on 30/03/2009

 

Do I have to file today 27/04/2009

 

 

Whats date of issue? Its 5 days from date plus 28 days

[YoungMan]

Thank you Josie8

 

They issued the claim on 30/03/2009

I got enough time

[postggj]

hang in there

welcome do take it to the wire

 

i would think after the defence,

howard cochen will discontinue like the norm

 

they dont like a fight, just the easy life

 

with out going through the thread again,

 

have you done a cpr request

 

if so, i bet they have ignored it as usual

chin up

[YoungMan]

Please Can someone help me to find agood defence

 

I am trying to find one but I can not stay long online because I have a limited time

 

any link please

 

many thanks

[YoungMan]

They did not respond to my CPR request

[YoungMan]

How are you postggj ?

[42man]

Have a read through these YM

 

 

CL Finance Ltd. Recieved a court claim form**WON** Discontinued

 

Lloyds TSB Credit Card - Claim form received

 

Help! - AMEX No CCA and they've started court action.

 

Help - Mum being taken to court by Link Financial.

 

 

welcome fianance/Court case started.

 

Help! Court Claim from Howard Cohen on behalf of GE Money

 

1st Credit vs Animal

[YoungMan]

thank you

I will read them

[YoungMan]

I found this defence, can someone have a look please is it ok to use it.

thanks

Between

 

xxxxxxxxxxx- Claimant

 

and

 

 

- Defendant

 

 

 

 

 

Defence

• I, ********** of ************** make this statement as my defence to the claim brought by **************
  
• 1 The Defendant denies that the Claimant is entitled to any of the relief claimed or at all.
  
• 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
  
• 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
  
• 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 particularized defence should the claimant provide copies of the original documents he will rely upon.
  
• Further to that above 5 paragraphs, the Defendant is embarrassed and unable to plead effectively or at all to the Particulars of Claim.
  

Edited April 29, 2009 by YoungMan

[YoungMan]

 

Defence 2

 

 

 

DRAFT / DEFENCE

 

 

 

1 The Defendant admits entering into an agreement with Welcome finance Limited and which was regulated by The Consumer Credit Act 1974 (The Act). No admissions are made as to the terms, conditions or other provisions of the agreement and the extent to which Welcome finance limited may have complied therewith and the extent to which the Defendant may not have complied therewith. Further and alternatively, it is denied that the agreement was properly executed and/or is now enforceable in whole or in part.

 

 

 

2. It is denied that the Claimant served upon the Defendant a default notice or any default notice pursuant to section 87(1) of The Act and which was in prescribed form and compliant with the provisions of section 88 of the Act.

 

 

 

3. Without prejudice to the generality of the Defendant’s contentions set out at paragraph 1, the Defendant avers Welcome Finance Limited terminated the agreement and pursuant to termination that the Claimant has since made demand of the Defendant for the payment of money the subject of this claim.

 

 

 

 

4. Further and in any event, by reason of the matters set out at paragraph 2 of this Defence and the requirements of section 87(1) of the Act, the steps taken by Welcome Finance Limited and identified at paragraph 3 hereof were steps which neither were entitled to take.

 

 

 

7 In the circumstances the Claimant has no entitlement to claim any of the relief now sought by its claim.

 

 

 

8 The Claimant’s claim to be entitled to £xxx.xx, to interest or to any other sum is denied.

 

 

 

I BELIEVE THAT THE CONTENTS OF THIS DEFENCE ARE TRUE.

 

 

 

Signed:

 

 

Dated: