Application Enforceable Or Not

[kimberley6]

Hi.

I am having a battle at the moment with Howard Cohen,which could result in going to court.

 

On a different note, and a different case.

I have sent a section 77/78 request to CLFinance who we know are related to Cohens.

The question I need answers to if possible.

Is an application form enforceable?

Today they have provided me an application form after 6 months of letters and requests.

Just think they are getting ready to try the court action on this one and thats why they have sent the application form.

Just would like to be one step ahead.

Any help gratefully accepted.

Thanks.

[kimberley6]

[IdaInFife]

is would have to have the prescribed terms in it.

 

can you scan it and post it up or is this for a loan or cc?

 

 

ida x

[daarab]

Bad news I'm afraid.

 

it is enforceable. top right hand corner has the repayments etc.

[IdaInFife]

lol

 

 

posted same time. canlt read it all does it have:

B Repayments

A term stating how the debtor is to discharge his obligations under the agreement to make the repayments, which may be expressed by reference to a combination of any of the following-

(a) Number of repayments;

(b) Amount of repayments;

© Frequency and timing of repayments;

(d) Dates of repayments;

(e) The manner in which any of the above may be determined; or in any other way, and any power of the creditor to vary what is payable.

 

C Rate of interest

A term stating the rate of interest to be applied to the credit issued under the agreement

D Credit limit

This may be a term or the manner in which it will be determined or that there is no credit limit

 

ida x

[kimberley6]

Thanks ida.

Done that.

[kimberley6]

Just checking ida.

Thanks.

[kimberley6]

Thanks daarab.

Just what I didn't want to hear.

Appreciate your help.

[kimberley6]

Does that apply to storecards ida?

[daarab]

Kimberley. I'm dealing with a debenhams account myself for my aunt, it's been sold to Aktiv Kapital, I did at first tell them it wasn't enforceable, and because there was charges that the debt was in dispute. that was in 2007. I not heard anything since.

 

So maybe if you have any charges on the account send Howard Coward I mean Cohen a letter telling them the account is in dispute. CALL THEIR BLUFF

[vint1954]

Hi.

I am having a battle at the moment with Howard Cohen,which could result in going to court.

 

On a different note, and a different case.

I have sent a section 77/78 request to CLFinance who we know are related to Cohens.

The question I need answers to if possible.

Is an application form enforceable?

Today they have provided me an application form after 6 months of letters and requests.

Just think they are getting ready to try the court action on this one and thats why they have sent the application form.

Just would like to be one step ahead.

Any help gratefully accepted.

Thanks.

Just having this debate on another thread.

http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/209287-challenging-cras-have-we-5.html

 

If an application form is pre contract rather than post

[Huff&Puff]

Have any payments, or written acknowledgement of the debt, been made in the last 6 years? As the application is from 1997 I'm wondering if it might be Statute Barred.

[kimberley6]

Thanks daarab,need to look into things a little bit more.

[kimberley6]

Fascinating reading vint1954.

[kimberley6]

Forgot to mention Huff&Puff we have been paying them monthly through a dmc.

[kimberley6]

Hi.

Just as I thought,Howard Cowards have put this into Northampton CC.

Received the claim form today.

Can anyone just remind me,am I better doing the AOS as soon as possible?

Any help please.

[kimberley6]

I will be contesting all of the claim of course,and sending a CPR31.14 request.

Anybody any thoughts on this?

[the_shadow]

I will be contesting all of the claim of course,and sending a CPR31.14 request.

Anybody any thoughts on this?

 

Ok,

 

Click on the red triangle to get it moved to legal if you need it.

 

What are the POC's, you can only request under CPR31.14 for stuff mentioned in POC, how much is this for roughly.

 

Do you have Default Notice? temination letter, Notice of assignment?

 

Acknowledge online to get the extra 14 days.

 

S.

[kimberley6]

Thanks shadow.

POC are

The claimants claim is for the sum of xxxx.41 being monies due from the defendant to the claimant under a regulated credit agreement made in writing under ref xxxxxxxxxxxxxx

 

The defendant has failed to make payment in accordance with the terms of the agreement and a default notice has been served upon the the defendant pursuant to section 87(1) of the CCCA 1974.

 

The claimant claims the the sum of xxxx.41

[kimberley6]

shadow the claim is for about £1100

[the_shadow]

Ok, most creditors are known for not keeping a copy of the default notice so in your CPR 31.14 ask for both the agreement and the default notice, both of which they've helpfully mentioned.

 

Are you ok with the CPR 31.14 or do you want me to post up a copy?

 

S.

[the_shadow]

shadow the claim is for about £1100

 

ahh small claims, no costs...

 

S.

[kimberley6]

Please post up a copy shadow.

Whats the small claims no cost?

Thanks for your help.

[the_shadow]

Small claims means you shouldnt be liable for the other sides legal costs if you lose.

 

CPR letter, send off recorded delivery ASAP!

 

Dear Sir,

 

Re: (Claimant's name) v (Your name) Case No:XXXXXXXXX

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 acknowledgment of service to the court in which I indicate my intention to contest all of your claim.

 

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 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 A copy of the Default Notice.

 

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

 

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

Edited October 13, 2009 by the_shadow

[kimberley6]

Thanks for that shadow.

Will get it in the post today.