CL Finance H Cohen vs Libra007 *NOTICE OF DISCONTINUANCE*

[libra007]

I received court claims paper from CL finance. with no documents at all. I dont even know which card is it for

I sent them CPR letter to provide me with documents to defend.

They simply sent a letter they are not obliged to provide anything to me.

I filed the defence on attaching the letters.

now I have received the AQ for small claims court.

 

I have consulted the sticky thread to prepare the general AQ form but need help to fill it completely, I have to hand in this by 27th

 

I dont know what to tick on/fill

 

A settlement

D witness

E Experts

H Fee

Please help, thanks

[AndyOrch]

I received court claims paper from CL finance. with no documents at all. I dont even know which card is it for

I sent them CPR letter to provide me with documents to defend.

They simply sent a letter they are not obliged to provide anything to me.

I filed the defence on attaching the letters.

now I have received the AQ for small claims court.

 

I have consulted the sticky thread to prepare the general AQ form but need help to fill it completely, I have to hand in this by 27th

 

I dont know what to tick on/fill

 

A settlement Your choice but goes in your favour to appear amicable

D witness yourself and parter 0 =you 1= partner

E Experts None

H Fee Nil defendent

 

 

 

 

 

 

Please help, thanks

 

 

Regards

 

 

Andy

Edited October 23, 2008 by Andyorch

[libra007]

Thanks Andy, for the section G I am using the info and draft order from the sticky thread about AQ , should be OK I guess.

[AndyOrch]

Hi I would advocate something along the lines of:-

 

The Claimants are deliberately frustrating these proceedings and preventing me from submitting a particularised Defence/Counter-claim, by refusing to provide information first requested under a Subject Access Request/CPR 18 on the xxth xxxxx 2008. They have only partially complied with my request. I have sent letters to the Claimants Solicitors on the xxth xxxxx repsectively, requesting the outstanding information, which has to date not been furnished. I believe this is entirely unreasonable behaviour and I will shortly request an Order from the Court compelling the Claimant's compliance, to enable me to file a Particularised Defence Counter-claim

 

Without knowing a great detail of your case its difficuilt to advise but would assume the above would be suffice for part G

 

Regards

 

Andy

[libra007]

Thanks Andy, just sent out the AQ to Court. lets see how it goes.

[libra007]

Hi again, I received a court small claim settelment offer from the court, any pointers how to deal with this in best way?

[libra007]

any one?

[bazaar]

Hi Libra

well if its an offer, they are trying to settle with you surely, or is it just a form for you to fill in and offer to the other side?

[AndyOrch]

HI Libra

 

If you can post up exactly what you have received less personal details and we will advise

 

Regards

 

Andy;)

[libra007]

i had no contact with court about it, and i got letter that case is stayed now. keep you posted will contact court about this today.

 

interestingly I have received another claim from CL finace for similar figure that I have no idea whats about, is their tactic to have another claim on top of this one , not it could be a different one or for the same.

[libra007]

i received a letter from court saying case is stayed until 31st of dec unless it received a settlement from the claimant by 16th

 

what does it mean?

[libra007]

any pointers to this one?

 

about the other claim, CL has actually filed another claim the clain particulars were not correct as I dont have any loan or card with barclays.

[libra007]

I had ongoing claim with CL , they filed another claim for similar , CL has actually filed another claim the claim particulars were not correct as I dont have any loan or card with barclays.

 

few days later they have send a letter that the claims particular were wrong and its actually another credit card company.

 

I filed acknolwedge of service

 

I sent a letter to CL for request of information.

 

no response yet,

 

I have filed the defence on basis of no supporting documents, agreement and default execution. due to xmas holidays I actually was confused when to file to filed it MCOL and called them for confirmation, I am safe as they dont count xmas holidays but if the last day fall on public day off which was saturday, so its fine to file today. lucky i guess.

 

 

having experience of CL from other ongoing case, they are very helpful to send you documents required. what sort of line action i keep in mind for this one?

 

i will post the claim and defence details here later.

[the ghost of thain]

may i formally bring to the attention of our subscribers the follwing post from alanfromderby

 

quote

 

 

http://www.consumeractiongroup.co.uk/forum/announcement.php?f=&a=149

 

 

Have you had dealings with a West Yorkshire based Debt Collection Agency?

 

If so, we have received this request for help:

 

I'm a journalist at the BBC, working in local radio in West Yorkshire. I'm interested in hearing from anyone who has had dealings with any West Yorkshire based debt collection agencies. If you too are based in West Yorkshire that would be ideal, however I'm still very interested in hearing from people all across the UK.

 

After initial chats at some stage I may wish to do a pre recorded interview with you. If anyone would like to get in touch to tell me about their past or current situations with West Yorkshire DCAs please contact me at: [email protected]

 

unquote

[tendogs]

Hi libra, CL finance seem to have bought a job lot of debt from Egg, they subsequently employed Cohen solicitors to take the debts to court via Northampton. They seem to have screwed up with the particulars of claim and put Barclaycard rather than Egg Card. They attempted to rectify their mistake by sending out amended particulars of claim but they can’t do that without the court’s permission or your agreement. So the claim cannot succeed.

I’d use the time to extract as much information from CL finance as you can before they come back for a second shot at you.

[libra007]

here we go again, in december just in time for xmas, i had another claim from CL in the shape of direct court claim was surprised at the contents in the form with an un know barclay card which i never had,

 

to solve this mystry, a notice of correction arrived that barclay should be read as some one else.

 

i acknowledge the service,

 

asked for more information under CPR

 

received the same general response from Cohen, they are not oblighed etc.

 

filed a defence online on 11 January

 

went on holiday in feb

 

aq received

 

and

 

when i came back i got bit of surprise response tom cohens

 

before the due date of aq,

NOTICE OF DISCONTINUANCE

 

upon the defendant making payment to claimant,hereby discontinues all proceedings. under the above numbered and accordingly withdraw fromt the same...

 

 

now I dont know how to respond to this, please guide me how go about this one and what does it mean to me for future for this account?

 

as hear from partner that some one droped personal letter to contact regarding this acount for repayment.. now I really dont understand whats going on!

[42man]

Go for a wasted costs order !!!!

[saintly_1]

So they are saying that you (the defendant) payed the money owing ?

 

Contact the court and check as this is clearly not true.

[libra007]

as with the other claim, just when the deadline was passing to exchange the documents before the hearing date, they sent me notice of discontinuance, upon payment from defendant ..... this is discontinued etc.

 

i guess they didnt have anything to show in the court. but what should be my course of action now?

[bazaar]

"upon payment by defendant" sounds suspicious.

But if youre sure theyve discontinued, after youve spent a lot of time and money researching your defence, you should be able to go for a wasted costs order.

[libra007]

a year later, cohan sent me another letter now, with amount increased by few more hundred pounds, that thisnt paid and 7 days will advise client for further action.

 

Now what does this mean?

another question what the course of action i should take of such claims that ends in discontinuance by the claimant?

[DonkeyB]

Oh dear Cohens - they discontinued! They need to be reminded of the fact. A strong letter reminded them that they discontinued this claim a year ago, and as far as you are concerned the matter is settled.

 

Did you go for your costs?

 

They will need the court's permission to take legal action again, and I doubt they'd get it. Tell them that any further correspondence or action on their part will be regarded as vexatious and you will be reporting this matter to the OFT and trading standards, as well as the SRA.

[libra007]

Thanks, a letter will be on its way to Cohens. I didnt go for the costs then.

lets see what they have to say about this.