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CL FINANCE/COHENS v ME - help please**WON**


henry5
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Hello everyone

 

I'm new and hope someone can help. I am due in court this Monday, received paperwork from COHENS today through the post.

 

A statement of truth

A signed application (seems to be signed by my ex wife) but application has my name on and they are taking me to court

Some statements

Terms and conditions

A default notice from GE money the original alleged creditor

Notice of assignment dated 22nd feb 2008, stating on 20th feb the assigment was made and stating on 22nd feb 2008 a claim has been submitted to court.

The alleged agreement was signed in 2003 but I cant recall anything.

Thankyou

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Hi Henry5,

 

I assume you issued a defence? Did you defend all or admit anything?

I also assume you requested information from Cohens via CPR 31.14?

Can you give details of the defence you posted.

 

Whats the court date on Monday, is this from a judges directions or the actual full hearing?

 

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Hi thankyou

 

did issue a defence

 

and requested a cpr 31.14 even though this was only 1 month ago

 

defence was vague as i was unsure of anything had no paperwork etc, all i could remember was ge sending me a photocopy years ago and it didnt have my signature on so my defence was based on that

 

 

thankyou

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also just looking through files, they haven't sent me default notice from cl finance only one from ge

shouldnt the noa give time to pay?

they had it two days and took it straight to court?

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What is the hearing on Monday?

 

Is it an application for summary judgment?

 

Can you post a copy of the claim and the defence together with copies of the CCA, DN and any other docs they've given you.

 

Did your ex sign the application with your consent - did you ever use the card

If I've helped feel free to add to my reputation.

 

I am not a Practising Lawyer. My comments are my opinion only. You should not rely upon those comments and should always take your own professional advice from a practising Solicitor or Barrister

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shouldnt the noa give time to pay?

 

No - it doesn't need to - did you receive the NoA before the proceedings were commenced - a Notice of Assignment should be served by registered post (S196 (4) LPA 1925) - they NEVER serve them properly UNLESS you have already acknowledged receipt of the NoA they have a serious problem

 

If a valid NoA has not been served then they do not have a legal interest which allows them to bring the claim.

 

 

I've made a couple of suggestions

If I've helped feel free to add to my reputation.

 

I am not a Practising Lawyer. My comments are my opinion only. You should not rely upon those comments and should always take your own professional advice from a practising Solicitor or Barrister

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its a court hearing against cl finances

sorry on laptop no scanner devices about

DN is from ge only

 

i'm guessing it was my exs signature but on cca it says my name

but then the signature is not mine

the other docs are statements

and noa as stated

thanks

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its a court hearing against cl finances

sorry on laptop no scanner devices about

DN is from ge only

 

i'm guessing it was my exs signature but on cca it says my name

but then the signature is not mine

the other docs are statements

and noa as stated

thanks

 

What is the hearing for?

 

I really need to see the documents - it sounds as if you may have a number of defences

 

Is there any chance of you posting the stuff over the weekend

  • Haha 1

If I've helped feel free to add to my reputation.

 

I am not a Practising Lawyer. My comments are my opinion only. You should not rely upon those comments and should always take your own professional advice from a practising Solicitor or Barrister

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they are stating received noa 22 feb 08

 

They have to be able (unless you wrote and acknowledged receipt) that you were served - they can only do that by proving the letter was sent by registered or recorded delivery

If I've helped feel free to add to my reputation.

 

I am not a Practising Lawyer. My comments are my opinion only. You should not rely upon those comments and should always take your own professional advice from a practising Solicitor or Barrister

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Have a look at these - they're not exactly on the same points but they do cover assignments

 

http://www.consumeractiongroup.co.uk/forum/legal-issues/197867-arrow-mbna-ignm-pt.html#post2147014

 

http://www.consumeractiongroup.co.uk/forum/legal-issues/197867-arrow-mbna-ignm-pt.html#post2147612

 

The other thing is that the 7 days for DN's changed in 14 days from late 2006

If I've helped feel free to add to my reputation.

 

I am not a Practising Lawyer. My comments are my opinion only. You should not rely upon those comments and should always take your own professional advice from a practising Solicitor or Barrister

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the default on cra is by cl finance

shouldn't they have issued a default notice?

 

No - I think you that you may find that the DN was served by GE before the Assignment - if not they've got another problem

If I've helped feel free to add to my reputation.

 

I am not a Practising Lawyer. My comments are my opinion only. You should not rely upon those comments and should always take your own professional advice from a practising Solicitor or Barrister

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Sorry mate - they're too small

 

What I would do is click on the Go advanced box of the quick reply box then scroll down and click on manage attachments - you can then upload directly to CAGs server

If I've helped feel free to add to my reputation.

 

I am not a Practising Lawyer. My comments are my opinion only. You should not rely upon those comments and should always take your own professional advice from a practising Solicitor or Barrister

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Hello Henry.

Your in goods hands with IGNM

He has helped us a lot.

-

PLEASE NOTE - I am not a legal expert, my comments are based on information learnt or

obtained and from my own experiences.

-

Case 1 - C L Finance - Court Case 'Stayed' :-). Stay Lifted - N149 AQ Received & Filed. Case Struck Out :grin:

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Case 2 - C L Finance - Defence Filed. N150 AQ Received & Filed. Case 'Settled by Consent' :)

-

Case 3 - EOS Solutions - No Agreement - Account Closed ~£3500. :grin:

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Advice & opinions offered freely but informally, without prejudice & without liability.

Use your own judgment and seek advice from a qualified and insured professional if you have any doubts.

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There is a lot of stuff on there that identifies you - it could really do with being removed

If I've helped feel free to add to my reputation.

 

I am not a Practising Lawyer. My comments are my opinion only. You should not rely upon those comments and should always take your own professional advice from a practising Solicitor or Barrister

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572 kb when i scan then when i drop in they go to 8kb

 

must be doing something wrong

 

thanks for your help btw appreciate it

 

Other than the fact it appears to be allocation to the small claims track I can't really decipher it...

 

Is it the final hearing on Monday?

 

We've got time to work on it over the weekend but we need more info...

If I've helped feel free to add to my reputation.

 

I am not a Practising Lawyer. My comments are my opinion only. You should not rely upon those comments and should always take your own professional advice from a practising Solicitor or Barrister

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