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Claimform CL Finance/Cohen . GE MONEY/DFS suite finance - stayed


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My wife has today received a county court claim form from Howard Cohen solicitors on behalf of CL Finance.

 

It states that she is being sued for sum of just less than £1000 under a regulated agreement between the defendant and GE Capital bank ltd which was assigned to the Claimant on 13th Dec 2006. It goes on to say that a default notice has been served.

 

This relates to a purchase on 6.11.02 of a lounge suite from DFS which i believe was financed by GE. Regular payments have been made until 3 months ago when she was made redundant without pay. With the assisitance of the CCCS we offered a monthly payment based on current income which when telephoned today was rejected in a very aggressive nature.

 

We have a copy of the original sales contract from 2002 which was in my wife's maiden name, but do not have any knowledge of assignment of debt or a default notice although these may have been issued.

 

My wife is currently at a final interview stage for a job which requires no CCJ's on credit file. She explained to the solicitor that if successful she would be willing to increase the offer. They were not interested and even though they have a copy of the budget from the CCCS are intending pursueing through the courts.

 

Any help on how to contest this would be gratefully received.

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It is unlikely that they would get a CCJ if you defend it.

 

 

You need someone more familiar with court proceedings to advise

but I think the first step would be to acknowledge the court summons stating you intend to defend all of the claim.

 

 

You then make request under CPR rules for the CCA and the notice or letter of assignment.

 

 

Wait for someone else to advise, there is plenty of time.

 

 

You may have the original CCA but do they?

 

 

Keep quiet about yours and see what happens.

 

 

Did you get a letter before action?

 

 

I would guess that your big spanner will be the notice of assignment as they often screw it up and that would make it safe for you.

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Can I ask what the POC's are (Particulars Of The Claim) ? don't be too specific with the numbers though...

 

Its written as below.

 

The claimants claim is for the sum of XXX being monies due to the claimant under a regulated credit agreement between the defendant and GE Capital bank Ltd under reference XXXXXX and assigned to the claimant on the 13th Dec 2006 notice of which has been given to the defendant.

 

The defendant has failed to make payment in accordance with the terms of the agreement and a default notice has been served upon the defendant pursuant to section 67(1) of the consumer credit act 1974

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Hitchy, i would go along with twofoot. and go down the avenue of trying to defend the claim , and asking them inyour cpr to send

 

a) Copy of original cca

b) copies of letters of assignment

c) Default notices

 

If they do send any of above then let the forum have a look. You will need to get a defence together , i wll see what i can rustle up.

 

Manc1

MANC 1

 

 

 

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Hitchy, i would go along with twofoot. and go down the avenue of trying to defend the claim , and asking them inyour cpr to send

 

a) Copy of original cca

b) copies of letters of assignment

c) Default notices

 

If they do send any of above then let the forum have a look. You will need to get a defence together , i wll see what i can rustle up.

 

Manc1

 

Thanks, i have just completed the online form to defend the claim. Do you know where i can get a sample letter to send to the solicitors?

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I would hang on to that letter for now you have ample time to send it. Giving them too much time is not a good idea.

 

I have actually found a copy of the default notice, so presume i take that out of the letter?

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I have actually found a copy of the default notice, so presume i take that out of the letter?

 

No, they have to prove they sent it! They send them unrecored and can't prove they sent it !!! in court its all about who can produce what!

 

 

send your letter recored!

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Hi, what is the date on the Default Notice, and what date does it say you must remedy by, or does it not give a date to remedy?

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, what is the date on the Default Notice, and what date does it say you must remedy by, or does it not give a date to remedy?

 

Hi it was dated the 28th Feb with a response (in form of payment) by the 15th March.

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Hi it was dated the 28th Feb with a response (in form of payment) by the 15th March.

 

Well then its not valid, even if they sent it bty1st class post the remedy date would have to be at least the 16th, anyhow put them to strict proof of service, and that it was in the prescribed format.

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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I have today received the following response from Cohens, Any advice? i dont think they have the documents.

 

Pictures by hitchy1_2009 - Photobucket

 

They always send that reply, something else for your defence:D

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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I have today received the following response from Cohens, Any advice? i dont think they have the documents.

 

Pictures by hitchy1_2009 - Photobucket

 

so what they are saying is that they can take you to court for something but they do not have to prove it?

 

Didn't they say they would give you a million pounds in a letter they sent you?

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same old s**** from these monkeys. I kept this one so i could show it to the judge...it confirms that they have recived your letter ansd they are refusing to comply. pure gold thanks CL

 

 

I checked the court paperwork today and they have issued the same claim twice on different numbers but for exactly the same amount. I have responded and stated that i intend to defend in full. My problem now is i dont know how to progress now that they have refused CPR 31.14. If someone can help i would be grateful.

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I wonder if someone could help me with a legal defence. Received court papers twice for same case from Cohens solicitors. Alleged debt from DFS which was sold to CL Finance. I have registered an AOS and intention to defend in full. Dont know if i have to defend twice or contact court to ask for guidance.

 

Particulars of claim are such

 

The claimants claim is for the sum of XXX being monies due to the claimant under a regulated credit agreement between the defendant and GE Capital bank Ltd under reference XXXXXX and assigned to the claimant on the 13th Dec 2006 notice of which has been given to the defendant.

 

The defendant has failed to make payment in accordance with the terms of the agreement and a default notice has been served upon the defendant pursuant to section 67(1) of the consumer credit act 1974

I sent a CPR to Cohens and have received a letter back as below stating that they do not need to provide the evidence.

What is my next courseof action?

 

Pictures by hitchy1_2009 - Photobucket

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Sure I have seen somewhere on the site that you have an absolute defence if they refuse to provide you with a copy of any document used in their case.

 

 

Thinks, you could apply to the court for a "dismissal" based on your inability to create an adequate defence.

 

 

have a dig around the site I am sure you will find something,

 

 

the search feature using a key word search on the headings only option would be a good place to start.

 

 

Try contacting a member of the site team if you are not making progress after a few days.

 

 

If get really desperate I will do the leg work for you, next week.

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