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

[I've got no money]

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

[I've got no money]

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

[I've got no money]

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

[I've got no money]

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

[I've got no money]

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

[I've got no money]

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

[I've got no money]

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

[I've got no money]

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

[I've got no money]

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...

[I've got no money]

I really do need to see the claim and the defence

[I've got no money]

is their claim the statement of truth?

 

The claim is the Particulars of Claim which are shown on the summons that you received from the court

[I've got no money]

This is not proving to be at all easy (but then life seldom is...)

 

I think (but I'm not sure) that the hearing on Monday is the trial - can you confirm that for me. If it is we have a bit of a problem as the case doesn't seem to be ready for trial. It really is difficult to help you out without having all of the information...

 

My inclination is to draft a skeleton argument for use on Monday and an amended defence and hope that (because you're an LIP that the court will allow you to amend at this late stage - it may not do) although there may be an argument to try and adjourn the hearing off - it all depends on exactly what they have disclosed.

 

If the original agreement is a GE Capital account then it is likely to be a storecard - can you tell us what the original agreement was for.

 

You've said that you don't didn't sign it and that it looks like your ex partners signature...Did you know that the original account was being opened, did you agree to it, if the agreement was a card account of some type did you ever use the account.

 

I'm afraid that we really do need to see the CCA, the DN/TN, the NoA, and anything that they have filed in support of their claim.

 

Without all of the correct information we may make it worse

[I've got no money]

but i am sure my notice of allocation was the first thing i received in feb, because they went for this in feb 08 would it have been sent

 

sorry first time in court - haven't a clue??

 

The Order notifying you of the hearing should tell you what the hearing is - how long is the hearing listed for - usually it will tell you on the order

[I've got no money]

Thanks

 

i thought i posted DN, CCA, noa yesterday, they were pdf files but then i took them off??

 

I haven't seen these documents - you posted some stuff but they were too small to read - I really need to see them

i have the order in front of me now with directions

 

What are the directions? Can you post the Order

the cca states account was opened in 03, i have no original docs on file as they have never sent me anything to go off until yesterday. remembering conversations with ge this was specifically set up for new kitchens etc a salesperson would come round your house or you would go to store and sign papers once kitchen etc had been bought - now if a man's name is on account yet signed by a woman, that doesn't make sense infront of someone.

 

Did you have a new kitchen installed - if so who's house was it installed in?

 

As for account we had loads of these at time and without any paperwork - my guess is as good as yours

 

sorry to be so vague but i have been chasing them for months to send me something and they send it 3 days b4 hearing

 

I've made a few comments.

 

I think that what we do is a skeleton and amended defence and argue that its' so late because they've just served you.

[I've got no money]

they have also sent statements so acount must have been used but there is nowhere stating what for, would you like a copy of cl finances statement of truth? apart from the statements for the account this is the only thing i haven't sent you

 

Thanks

 

I'd like to see the witness statement from CL finance, it'll have the statement of truth at the end - it would also be useful to see the statements for the account

[I've got no money]

That is excellent...

 

If you can sort out all the info today - I'll draft the stuff up tomorrow morning (while my Sunday lunch is in the oven)

[I've got no money]

I think that they are stuffed - but we need to try and sort the documents out before court

 

It's an old agreement - not signed by you - has to be irredeemably unenforceable - there are also issues about the assignment etc

[I've got no money]

Don't forget that I need to see the NoA, DN etc and the statements of account...

 

Have fun at Harry Potter

[I've got no money]

Can you go thru the thread and post as much of the information as I've asked for as you can and I'll then prepare the stuff.

 

Before I forget if I were you I would take my driving licence and passport with me to court to prove my signature.

 

Can I also ask did you do a CPR request - I know that there is one referred to in your defence - can you post a copy of that please

[I've got no money]

You did say that you hadn't received the Default Notice didn't you in that case the deemed service rules apply

 

Well the DN is defective - it's dated the 27th July 2007 which is a Friday. If it was sent first class then service is 2 business days after posting (excluding weekends) which would be the 31st July 2007 - the 14 days should start the day after so it should expire on the 14th August not the 11th August. If it was sent second class post it would be served two days later

 

As far as the NoA is concerned they have to prove service...again they're in difficulty

[I've got no money]

here's the info photocopied from yesterdays files sent to me

 

statement there are about 60 pages of them from 2003 until 2008 sorry

 

As far as the statements go - can you tell me, apart from them adding interest - are there any charges for late payment/default/letters/overlimit etc - if so how much have they charged per item

 

The agreement shows that it is a storecard - was it used just for the new kitchen or was it used more than that - if so who used the card?

[I've got no money]

Can you also confirm that the first debit on the first statement is the cost of the kitchen?

 

Once you've given me the info I'll crack on with drafting some suggested docs.

[I've got no money]

cpr sent 1st july 09

 

Re: CL Finance v Darren Rose Case No: xxxxxx

CPR 31.14 Request

 

Court date 20/07/09

 

I received the Claim Form in this case issued by you out of the Northampton County Court.

 

I confirm having returned my acknowledgement of service to the court in which I indicate my intention to contest all of your claim.

 

[Prior to the issue of proceedings I had delivered a request for the production of the agreement mentioned in the Claim Form and on which you rely.

That request was ignored][delete if no such request was delivered]

 

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 following / 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 the assignment*

 

3 the default notice*

 

4 the termination notice*

 

5 [any other documents mentioned in the Particulars of Claim]*

 

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

 

 

thanks again potter is waiting!

 

I'm a bit confused this letter is dated the 1st of July 2009 - is there an earlier letter - in your defence you say that you've made already made a CPR request that hasn't been answered.

 

Can I ask what's happened from the filing of your original defence up to now...

 

The other thing that I'm not clear on is how much you knew about the account - you mentioned that the FOS was involved at one point with missold PPI - so were you treating it, at that stage, as your own or was it a complaint from your ex wife

[I've got no money]

to fill you feb 2008 court papers from cl finance, requested paperwork etc received nothing, the only paperwork i received was a copy of an agreement, had my name on but certainly wasnt signed by me, sent them my passport with sig on as requested and heard nothing from them until feb 2009 more court papers requested info off them in feb received paperwork today even though judge stated in directions 14 days b4 only. can't remember account, renovated a few houses over that period so you can imagine the paperwork. can't find anything at all my end relating to this account, yet they state payments had been made.

 

How did you request paperwork in Feb 08 and Feb 09 - was it by letter - I need to see the letters and to know the precise dates

[I've got no money]

I threw together about 25 charges and ppi complaints with various companies, obviously as paperwork at time would have had my name on I used mine I would have thought, In fact looking at statements theyve sent me there are loads missing in betweeen also, we received about £440.19 from FOS in dec 06 I think?

 

So you knew about the account - did you personally ever use the card

 

As for the CPR request Ive messed up there just copied and pasted letter and left it in, didnt send it until 1 july 09, never sent one b4

 

 

from filing my defence

ive sent them a request for info (to cl finance) 22/2/09

 

have you got a copy of that letter - what did you ask for in it

 

cpr request 1/7/09

 

sent this to court 13/7/09

 

I write this on 13th July 2009, as yet I have not received any paperwork relating to the case from Howard Cohen, CL Finance or GE Money, even though this has been requested on several occasions. Please refer to attached order dated 19th March para 8, 10 & 13 especially.

 

I haven't seen that Order - the only Order I've seen is that Order allocating to track - the page you've posted doesn't appear to have any directions on it - is there another page

 

 

Please find attached my statement also copies of letters requesting information off CL Finance

 

Were any of these letters to CL Finance written BEFORE the case was issued against you - can you post copies of them

.

 

I know that I'm asking for lots of detail and for lots of information but I really need the detail to be able to allow me to produce any sort of meaningful input