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Howard Cohen & Co. - Refusal to CPR request


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Morning All,

 

Received a CC Claim from our friends at Howard Cohen & Co. on behalf of CL Finance for a NatWest CC that I haven't used in years.

 

To avoid the proceedings going any further I sent them a number of cheques by special delivery dated 1 month apart to clear the majority of the balance as I wish to contend the Payment Protection Insurance and Charges etc.

 

I am assuming they have accepted these cheques as the first cheque has been banked.

 

However, I also sent them (the next day) a request under the CPR.

 

Suprise, suprise they've written back and told me that they do not have to provide ANY information and basically pay up or they'll go for a judgement without further reference.

 

Now, we all know that bearing in mind the letter they've sent back acknowledges payment of the first cheque (in their Outstanding Balance subject line) against the debt that they would have difficulties in obtaining a judgement in default (I put the defence in and as the figure they're now quoting is lower I assume I would be able to get it struck out if they got a judgement for the original sum).

 

Anyhow, back to the matter in hand. Can I send off the usual holding defence of failure to comply under CPR but amended to acknowledge their failure or not? Would this just antagonise them?

 

Thanks

 

adamjedge

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Cohen's will not spare ANY niceties with you.....be warned they may write to you stating they have obtained judgment.....embarrassed defence is good.....wait for the AQ...please spend some time reading the other Cohen threads too...

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This makes no sense..on the one hand you say you have filed a defence, on the other you ask if you can file a holding defence??

 

I think you need to itemise events in some sort of chronological order so that people can advise.

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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