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mak71

Help please,howard cohen cpr response, are their documents fraudulent as different to my originals

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Help urgently needed, following on from another thread as these are cpr and document related and thought it might be better with its own thread

 

Briefly im in court with these clowns of Friday for a case management hearing, the judge had ordered they respond to my AQ and lack of non cpr by 28th july ready for the case management hearing ,

Of course howard cohen didnt comply by the court deadline, but today i have just received a large parcel from them which leaves me hardly any time to prepare.

 

Firstly i still have the original DN from ge money,

the one cohens have just sent me is in my name and everything with correct account numner but is dated a day later than my original,it is also set out slightly different and the arears total is over £100 higher on their version? is this a fraudulent reconstructed document they have supplied, its on GE headed notepaper?

 

The total amount they are claiming for is over £5000, but they are saying they want it heard in the smalls claims court as there are no points of law to adresss?

I thought all claims over 5k couldnt be heard in the small claims court anyway and went to fast or multi track , in any event i want fast track , not small claims .

 

Thay have supplied what they say is a deed of assignment,(there are no actual figures on it )but is signed by the same person for both ge capital and cl finance,says hes a partner in Ozannes

 

Thay are now requesting i now file and serve a fully pleaded defence,and if i dont they request that my defence is struck out and permission be awarded for them to enter judgement accordingly,

 

Theres no way i can get a new defence knocked up before the case management hearing,what do i do now,

 

 

Ps the DN is invalid as no actual date to rectify, jusy withing 14 days of letter etc, and the cca is an application form with no prescribed terms,

 

Any help much appreciated, especially on the dn they have supplied which doesnt match my original

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Perverting the course of justice is a pretty serious offence.....I would in the conference firstly ask the person from Cohens to state that the one they sent is an ogirinal of the copy and can they confirm that ??!! Then as if by magic hey presto....you have the original one (was that compliant ?)


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42 man, no the first one also just said within 21 days to remedy,no actual date ,

 

I guess its a pretty serious offence if its a forged Dn, Its certainly not the same one as my original, fortunately i also have the sars for this account so will dig out the relevant paperwork/entry from the sars too,

 

Hopefully the judge will take this very seriously, and wont be impressed with these 2 different dn"s , if cohens representative says its a copy of the original, where will that leave them seeing as it should be easy enough for me to prove otherwise.

Edited by mak71

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what about the small claims court, the amount claimed is for over 5k, can i insist on fast track,

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The key here is to ask if it is a direct photocopy of the original.....get them to confirm....that it is, then produce the one you've got


PLEASE NOTE - I am not a legal expert, what is stated is my own opinion and from what I have learnt from this forum and my own experiences.

 

DEBT COLLECTION LETTER/SAR/AGREEMENT TEMPLATES ARE HERE - http://www.consumeractiongroup.co.uk/forum/content.php?65-legislation

 

IF WE HAVE BEEN HELPFUL -PLEASE, PLEASE, PLEASE GIVE A DONATION TO HELP US TO CONTINUE HELPING YOU

 

I AM HAPPY TO RECEIVE PM's AND I WILL RESPOND IF I FEEL I CAN ASSIST BUT WHEN YOU DO CAN YOU PLEASE PROVIDE A LINK TO YOUR THREAD ON WHICH YOU WOULD LIKE ME TO COMMENT - THANK YOU

 

IMPORTANT - If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.

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42 man, yes i will play it very shrewd,and get them to commit before the judge and then show him the original,

 

What could the judge do from there?

also can i insist it doesnt go to small claims as amount is over 5k,

obviuosly howard cohan would prefer smalls claims as they arent as strict on the actual points of law.

 

can the deed of assignement be signed by the same person for both ge money and howard cohen?

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can an assignement notice be signed by the same person for both ge money and howard cohen?

 

BOY DOES THAT SMELL BAD

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Postggj,in their covering letter says " a copy of the relevant extract of the said deed of assignement,

 

Can anyone please help me knock up a new basic defence fro the case management hearing ,or should i just ask the judge for an ajournment seeing as Cohens so rudely ignored the initial deadlines set by the judge and have left me short for time..

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Just been reading another article, says claims for over 5k can be heard in the small claims if both parties agree, well obviously i dont agree ,so will it be easily enough for me to get this to fast track instead?

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i would think with the docs they have it would be quiet easy to get a fast track as the judge is likely to agree with u PF


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Thanks, on what basis do i ask the judge to allocate it too fast track when cohens are requesting small track,?

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Just going through all my paper work from cohens, a few weeks ago they sent me a howard cohen headed covering letter about the DN, interestingly they said it was for a different amount than the amount on this knocked up DN they have just sent me, so in total they have sent me 2 different amounts to the original arrears on my original DN,

 

 

How bizzare

Edited by mak71

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This is all getting very iffy now,something not quiet right,

 

Last night i went through my sars from original cerditor, there was no dn in there,ive just rung up the original creditor who has confirmed in a recorded phone call that they dont keep copies of dn notices on customer files hence the reason it wasnt in the sars.

 

The one cohens have sent me which is different to the original is on ge headed paper dated 2008,with a ge address po box leeds,

 

But the woman from ge has just confirmed ge dont keep copies just dates sent etc ,so this has to be a reconstructed one,but who reconstructed it,ge or cohens?

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Mak going through the same process as you.

 

I do remember receiving a letter from Santander saying they have taken over GE Money but cant remember when.

 

If we can find that out - I thought it was before your DN but can't be too sure then your DN should be headed Santander not GE Money - in which case Howard Cohens have certainly been economical with the truth here.

 

Can anyone clarify when Santander took over.

 

If it was after your DN then ignore me completely but I have a DN on another account dated 2nd November 2008 from Santander!!!!

 

HH

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From GE Money website:

 

On 7th January 2009 GE Capital Bank Limited, which provides GE Money credit cards as well as store finance and auto business, was acquired by Banco Santander SA. As a result GE Capital Bank Limited will be part of the Santander group. This will not affect your account, so please continue to deal with us in exactly the same way.

 

Santander is one of the ten largest banks in the world by market capitalisation with 65 million customers worldwide. In the UK, Santander owns Abbey, Alliance and Leicester and Bradford & Bingley's retail deposit business. GE Money's credit cards, storecard and auto finance business complement Santander's existing Cards and Consumer Finance businesses.

 

GE Money Mortgages & Secured Loans are still managed by GE Money and are not included in the acquisition.

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edit

Edited by mak71

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