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cohen and cl finance

Doing this for a friend

She had sent for a copy of a cca to santander cards..on the 14th Sept 09

had a letter back from them on 21 sept they have no obligation to supply as they have sold it to lewis debt services.

same day she got a notice of assignment dated 18th sept from howard cohen acting for CL finance.

also she got a claim form from Northampton CC.

who does she write to?

can she defend against this?

 

thanks for any help..

should she respond to the court papers?

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You should always respond to court papers. If you ignore them they will not go away, you will simply get a default judgment against you.

 

You can always defend a claim. Whether it's a good idea is a different matter - and will depend on how strong your defence is. But I would say she is not necessarily in a position to know whether she can defend or not until she's found out whether they've still got the cca (assuming this is a pre2006 agreement). And in those circumstances, she should defend (she can always settle later if all is lost).

 

Once a debt has been assigned, the original owner of the debt no longer has anything to do with it. This tends to work in favour of debtors as it creates evidential problems for assignees. Your friend should write to whoever is mentioned in the notice of assignment - and ask them for a copy of the cca.

 

Her defence should mention the fact that she has tried to get the original creditor to prove they had cause for action, but that they assigned the debt instead, and she is now trying to get a copy of the cca from the assignee.

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cohen and cl finance

Doing this for a friend

 

She had sent for a copy of a cca to santander cards..on the 14th Sept 09

had a letter back from them on 21 sept they have no obligation to supply as they have sold it to lewis debt services. OK so she send it before they assigned it - they should still respond or send your request onto ClueLess

same day she got a notice of assignment dated 18th sept from howard cohen acting for CL finance.

 

also she got a claim form from Northampton CC. what date is on the POC?who does she write to?

can she defend against this? Yes

 

thanks for any help..

should she respond to the court papers?

 

Respond to the claim at MCOL

send coward hohen a cpr31

PGH7447

 

 

Getting There Slowly

---------

 

Advice is given freely but is in no way meant to be taken as Gospel:-)

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  • 1 month later...

Right...

couldn't respond on line to the court...Pass word incorrect or something..

She got a ccj against her.

She want's to get this set aside .

I did tell her last time to follow up but she said she was scared and never posted the court forms back..

Can anything be done now?

I have downloaded N244 but will need help in filling it out.

I suggested "not received papers from court" and take it from there..

any help would be great..

 

I will make sure she follows through this time.

 

 

Thanks.

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