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Luxxinterior

Court Case #6 - CL Finance (GE Money - Mothercard)***WON***

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Hi,

Here we go again!

On behalf of my wife I am starting this thread.

This is number 6 in the saga, and one final one on the way I think...after that we are clear, all of our Debtors will have taken us to Court.

 

I am posting all the documents I have to date so far.

This is the same every other CL Finance case so far -

Started off with GE Money,

transferred to Viking without Notice,

was invisibly transferred to CL Finance,

Howard Cohen Solicitors sent a notice of assigned coupled with the Court claim in the one letter!

Default Notice is invalid.

CCA Incomplete in so far as they have not sent the original T's&C's going by my case #4 if they were to send them they would not be from the original document anyway

Enjoy!

 

 

As usual...any advice is welcome

Mothercare.pdf

Edited by Luxxinterior

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Hi All

I have sent Cohens a CPR Request asking for CCA, DN etc and they have replied today saying that as this is a small claim they are under no obligation to provide the requested information.

They reckon the POC are enough to defend against!!!!!

 

Umm... I think I know the answer to the question, but can someone just confirm that regardless of the type of claim, they need to provide us with the information requested?

 

I assume if I am correct that this wil be quite a short defence?

The same response was sent for my claim number 5 aswell.

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Hi All

I have sent Cohens a CPR Request asking for CCA, DN etc and they have replied today saying that as this is a small claim they are under no obligation to provide the requested information.

They reckon the POC are enough to defend against!!!!!

 

Umm... I think I know the answer to the question, but can someone just confirm that regardless of the type of claim, they need to provide us with the information requested?

 

I assume if I am correct that this wil be quite a short defence?

The same response was sent for my claim number 5 aswell.

 

Here is what was sent...

 

We Refer to your recent letter blah...blah...re CPR 31.14 request

As this matter relates to a small claim, we are not obliged to provide this information, and would advise that the POC detailed (?) in the County Court Claim should be sufficient to allow you to respond accordingly. In the unlikely event that the claim does not get allocated to the small claims track we shall comply with any directions as instructed by the court.

 

Please reply to the claim form immediately blah...blah...blah.

 

Can anyone advise please?

 

I need to get my defence in this week

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I have been checking other threads and it seems this is a standard response from these monkeys.

I have taken a copy of defence submitted by CCM (hope you dont mind CCM) for practically the same situation!!

I will wait and see what happens :)

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Full credit to Steven4064 for the following....

 

So on the AQ (N149) section C "Do you agree that the small claims track is th emost suitable track for tis claim?" tick "No"

 

Under "If No, please say why" put something along the lines of "The Claimant has so far not provided information that I require to fully particularise my defence [despite numerous requests]. I wish to apply to the court for an order for disclosure of this information under CPR Part [18]/[31.14] which would not be available to me on the Small Claims Track"

 

A draft order under CPR Part 18/31.14 should be included in section G "Other information" on the N149 version of the AQ.

 

If the AQ is an N150, the above paragraph needs to go in section D under 'Track'. In section I, the box "Do you intend to make an application in the immediate future?" tick yes and include a draft of th eorder in the box underneath


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WON!!!!

Bad day for Howard Cohen and CL Finance by the looks of it :)

 

Two of my wifes cases were consolidated and heard at the same time.

The same story for both...

 

They did not turn up at all!!

Judge saw the agreements were unenforceable... No Prescribed terms on one and some missing on the other...

No Default Notice

No Termination notice

Wrong account numbers on each of the agreements

 

In fact the judge found it hard to not laugh at the claim...he and we were smiling throughout :)

 

So ironically...they owe us £8.50 in costs :) pity we didnt keep all those receipts lol

 

We were going to ask for a debenhams voucher instead but thought that may be pushing it!!!

 

Howard Cohen i have to say are the worst solicitors I have ever come across...even the Judge found it hard to believe they could be so stupid :)

 

Can any of the site team change the status to WON please?

 

Many thanks to all who helped and advised..

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Congratulations and well done. :D

 

£8.50 costs ?????

 

A typing mistake perhaps ?


 

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Nope lol...£8.50 for parking and petrol ..not too worried really...just glad its all over :)

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