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howard cohen - help needed with court docs **DISCONTINUED**


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Hi,

Could some one advise me please.

My wife has been paying CL Finance through a DMC and this morning she has received a Northampton County Court claim form.

I would like to contest this as I requested a 77/78 under the cca 1974 and the agreement they sent back was not signed by my wife,would this be good enough grounds to contest and can you advise me on next step.

Thanks

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Hi, Is this document you have received complete in every other way, does it show that it relates to your wife or is it just a blank Agreement Form.

 

When did you send the CCA.

 

This is common practice through Northampton Bulk Centre and is often done in very iffy circumstances.

 

Others with more experience will be along, but you do need to take some action on this. Beware them sending a letter that the matter has passed through Court and that you have to pay them £50 per month! another very iffy practice because there have been many cases on here that the matter has NOT passed through Court and Judgement has not been obtained, so be very wary.

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Dont know if this will help but I had the same trouble with this bunch over my Barclycard. All they sent me was the appliction form. They then applied to the Northampton Court. I contested the claim on the court forms and wrote to HC asking them to bring the CCA to court. That was in October.

Heard nothing from them until the 23rd of April with them sending me a Letter of discontinuance of the proceedings this was also lodged with the court.

Take it they could not produce the original agreement.

Maybe if you could post up what they sent you regarding your CCA request then someone with more Experience will come and give you more advice.

Pecky1

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Hi,

The agreement they sent back has everything relating to my wife but is not signed by her.

I sent the 77/78 on 12th Nov 2008 and they defaulted 28th Nov and I sent letter telling them so on 1st Dec.

They eventually sent the agreement on 15th Dec.

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I would think if it has not been signed by your wife it would be a good defence. They could have just sent you a plain agreement form (with out seeing it) hoping that you will pay. If it was me my defence would be that they have not complied with your request in sending an unsigned agreement. They would then have to prove that you had an agreement in the first place. Make Sense? I think you have a good case.

Pecky1

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I was also dealing with that company CL Finance through a DMC. They are pretty quick to to get CCJs issued and they are incompetent on the phone and don't answer their emails.

 

Their solicitors Howard and Cohen got me a CCJ on a debt which I paid off at £30 a month but I came into a little bit of money and paid it off earlier. Well blow me down as soon as I did this they got another CCJ issued for the other debt.

 

I don't know much about legal matters but CCJs scare the pants off me.

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Hi,

 

can i just ask, the second scan does it have your wifes name and address dob etc and is it written or printed?

 

Ida x

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I was also dealing with that company CL Finance through a DMC. They are pretty quick to to get CCJs issued and they are incompetent on the phone and don't answer their emails.

 

Their solicitors Howard and Cohen got me a CCJ on a debt which I paid off at £30 a month but I came into a little bit of money and paid it off earlier. Well blow me down as soon as I did this they got another CCJ issued for the other debt.

 

I don't know much about legal matters but CCJs scare the pants off me.

 

Did you not defend these claims, Squirrel?

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Doesnlt make a difference but just shows they can keep these as blank copies and just fill in the details.

 

you can send them:

 

Dear Sirs,

Account no xxxxxxxxxxxxxx

 

Re: my request under the Consumer Credit Act 1974

Thank you for your recent letter sent to me, the contents of which are noted. I appreciate your quick response to my original letter. However, the reply received by me does not fulfil your requirements under the Consumer Credit Act 1974.

The Act demands that I be supplied with a true copy of any properly executed credit agreement that exists in relation to the above account. I may ask for this on demand providing that a fee of £1.00 is paid. This fee was sent with my original letter.

My request remains outstanding. An unsigned credit agreement does not constitute a true copy of any credit agreement that may or may not have been signed by me on the opening of this account. A blank agreement neither confirms that I am liable for any alleged debt to you, nor gives me any chance to evaluate whether any original agreement was ‘properly executed’.

I still require you to send me a true copy of the original credit agreement that you allege exists. As you will know, under the Consumer Credit Act 1974, a judge is not permitted to make any enforcement order unless the creditor can provide a true signed copy of the original credit agreement. This means that unless you can produce such an agreement, this alleged debt is not enforceable in law.

You had until xx/xx.2008 (12+2 working days after the request was made) to provide me with the true copy I requested. You are now in default of my request. Any account I hold with you is now in legal dispute. Whilst the account remains in dispute, you are not permitted to ask for any payment, nor am I obliged to offer any payment to you. Furthermore, whilst the dispute remains, you are not entitled to charge any interest on the account, nor make any further charges to the account. Additionally, you are not entitled to register any information on this account with any credit reference agency.

To register information with a credit reference agency, you must have written consent from the customer to collate and share such information. This consent is given in the form of a signed credit agreement, so until you produce such an agreement, you may not do this.

The requirement for consent to share data is a clear requirement of the Data Protection Act 1998. any such attempts to share my data without my consent will be met with a complaint to the Information Commissioners Office

The time limits, which are laid down in the Consumer Credit (Prescribed Periods for Giving Information) Regulations 1983 are clear. You must supply an executed credit agreement within 12 + 2 working days of a proper CCA request. If you fail to comply with a legitimate request the account enters a default situation.

To sum up, I will not be making any further payments to you until you provide me with the document I have requested. Whilst you remain in default of my request, you are not permitted to take any action against this account. This includes adding further charges and passing any information to the credit reference agencies.

I expect you to write to me confimring that the account has been closed and no further action will be taken.

I look forward to your reply.

Yours faithfully

 

Ida x

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Love it Ida.

Thanks for getting back to me.

Just as matter of interest,do you know if I have done the right thing by sending off the Acknowledge of service.

Then do I wait to see what howard cohen come back with before sending my defence.

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