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HELP PLEASE Howard Cohen/CL Finance vs. Me


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Hi All

 

I've recently received my first Claim Form from the Northampton CCBC. It's for an old Barclaycard CC, the original thread for which is here: http://www.consumeractiongroup.co.uk/forum/barclaycard/159635-barclaycard-mercers-getting-started.html

 

Barclaycard/Mercers passed the account straight to CL/HC; it hasn't been to any other DCAs. The balance is just under £4k and it includes about £250 of charges. I think it was opened in 2003.

 

The claim was issued on 21/09/09 (day of service 26/09/09) and I acknowledged service online disputing the whole claim on 08/10/09. Due to work and unforseen circumstances (friend's hospitalisation and a road accident) I haven't been able to properly devote enough time to researching this since then and the clock's ticking; if I'm not mistaken the defence has to be submitted this Friday as the twenty eight days are up on Saturday.

 

After spending hours exhaustively wading through the multitude of very helpful threads on here I've got the general gist of things but ultimately I'm very confused about the various types of defence and how exactly I should word mine to suit my case. Guidance in this area would be most welcome. Having read some of the sticky guides I'll try and provide as much information as I can.

 

Firstly, CL/HC did not send any supporting documents with the claim. Secondly, I have not sent a CPR request yet but I suspect I should have by now. Is it too late to do this?

 

Here is the Claim Form itself:

 

ClaimForm2.jpg

 

The original DN from Mercers:

 

MercersDNpage1.jpg

MercersDNpage2.jpg

 

NoA from Lewis:

 

LewisNoA.jpg

 

Followed a week or so afterwards by this (LBA?):

 

LBA.jpg

 

I sent a CCA request to Lewis in early March; this is what I received in reply (in July!):

 

CCAcoverletter.jpg

 

BarclaycardCCA.jpg

 

CLstatement.jpg

 

Included with these were photocopies of the same T&C leaflets I was sent back in December and posted in the thread linked to above.

 

So, can anyone advise me as to what to write in my defence? I think I've covered everything but as always any suggestions would be most welcome.

Edited by Mockenrue
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Just a bump for you as I'm not that up on court procedure.

 

As you have obscured the dates on the default notice, could you tell us what date is on the letter and what date it tells you to rectify the default by.

 

Can you also state the date on the termination letter (if you got one)

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Thanks silverfox1961.

 

The default notice is dated 20th August 2008, and the date it told me to rectify the default by is 6th September 2008.

 

I don't think I got a termination letter, but I'll check again and confirm when I get home.

 

I just phoned the court and the defence is due at 16:00 on the 26th (next Monday).

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As far as I can see the "agreement" they sent doesn't contain any of the key terms but my eyes are old.

 

Does the agreement contain:

The APR

A credit limit or a statement saying one would be set

Repayment terms

 

Does the "agreement" refer to any other document (page 1of 2,page 2 of 2)

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Certainly not that I can see. The document itself is barely any more readable than the picture of it I posted above - it's a very poor photocopy. If any of those things are present, they are either included in the block of small print above the signature block entitled 'Barclaycard Visa Card - Credit Agreement Regulated by the Consumer Credit Act 1974', or the text below the balance transfer box at the bottom. They're certainly nowhere else on the document. Unfortunately these portions of text are all but illegible.

 

I've had a good look through all my letters etc. and I definitely don't have a Termination Notice from them - just all the threatograms from Mercers.

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Guest dvdriley

Put in an embarrassed defence.... lots of examples on here. Over the last few days there have been several new threads regarding Cohens and CL Finance, they must have sent out a new batch of summonses!!!

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Thanks...right, embarrassed defence submitted on Monday. I cobbled it together using bits from the various examples on here and adapted it to suit. I'll post it up if anyone's interested.

 

Today I received the acknowledgement from the CCBC. Does anyone know typically how long it takes them to serve a copy of the defence on the claimant? In other words, when does the 28 day period begin?

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mockenrue

Cohen's are the amoeba in the solicitors profession

well a snake at best

 

you have to send a copy of your defence by special delivery to Cohen direct

 

any thing you do now by way of correspondents needs to be in triplicate

one copy for you

one for the court

one for the solicitors (Cohen)

 

as a rule its 14 days to submit a defence after acknowledgement of the claim (service)

 

the court will then contact you ref the allocation questionaire

 

any thing from now on ref this claim, no matter how small, ask for advice as cohen is involved

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Thanks - but I've already submitted the defence online. Are you saying that I should also send a hard copy via SD to Cohens? I thought the Court did that? Their acknowledgement says so. :-?

 

I know about the time limits for the acknowledgement of service and the submission of defence; it was the 28 day period the claimant has in which to respond that I was querying.

 

Cheers

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well ime 99.999% sure cohen will now with draw

 

any sort of defence and as a creature of habit, why change a habit of a life time

 

yes

 

you need to send a copy of every thing to cohens from now on

 

its under cpr

 

they can use it against you if you dont , just had that myself in court last week

 

 

 

HAVE YOU SENT COHEN A CPR REQUEST YET

 

HE HATES THEM

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mockenrue

Cohen's are the amoeba in the solicitors profession

well a snake at best

 

you have to send a copy of your defence by special delivery to Cohen direct

 

any thing you do now by way of correspondents needs to be in triplicate

one copy for you

one for the court

one for the solicitors (Cohen)

 

as a rule its 14 days to submit a defence after acknowledgement of the claim (service)

 

 

 

the court will then contact you ref the allocation questionaire

 

any thing from now on ref this claim, no matter how small, ask for advice as cohen is involved

 

 

 

I get the feeling that Cohen solicitors are really your friends. Lol..

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Thats rich coming from cohen who always flatly refuses any cpr request, double standards for this creature then

PGH7447

 

 

Getting There Slowly

---------

 

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

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Dear Sir,

 

 

Re: (Claimant's name) v (Your name) Case No:

CPR 31.14 Request

 

 

On (date) I received the Claim Form in this case issued by you out of the (Name) 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.

 

 

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 notice of assignment

 

 

3 the default notice

 

 

4 the termination notice

 

 

5 statements for the full duration of the agreement

 

 

6 the deed of the assignment

 

Although your claim is for a sum which is not more than £5,000.00 and will in all likelihood be allocated to the small claims track for determination upon my delivering a defence, at this moment in time I have not delivered my defence and the case has not been allocated to a track. In consequence the provisions of CPR 27(2) are of no effect and you should not seek to avoid compliance with your CPR 31 duties by claiming otherwise

 

 

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

 

 

 

WHEN YOU SEND COHEN YOUR EMBARRASSED DEFENCE

 

INCLUDE THIS

forumbox_top_left.gifforumbox_top_tile.gifforumbox_top_right.gifforumbox_left_tile.gifforumbox_right_tile.gifforumbox_bottom_left.gifforumbox_bottom_tile.gifforumbox_bottom_right.gif

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I get the feeling that Cohen solicitors are really your friends. Lol..

 

 

IVE HAD THE PLEASURE OF MR COHEN THREE TIMES IN THE PAST

 

SEEN HIM OFF EACH TIME

 

HE REALY IS ALL MOUTH AND NO TROUSERS

 

HE LIKES IT SIMPLE

CCJ BY DEFAULT

 

HAS NOT THE STOMACH FOR ANY THING ELSE

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  • 1 month later...

UPDATE

 

I've just returned from a short holiday to find a letter from the Northampton CCBC containing an Allocation Questionnaire, a 'Notice that a Defence Has Been Filed' and a 'Notice of Transfer of Proceedings' to a local court. Does this mean that Cohens intend to proceed and pursue the claim, and if so shouldn't I have been notified in some way? I've heard diddly squat until now and nothing whatsoever from Cohens.

 

Would someone be able to advise me regarding the AQ and how best to go about completing it? This is all new to me. Thanks.

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now you fill in the AQ and submit your defence if you have not done so, this means the proceedings are moving on, and cohen hopes your disregard all this stuff from the court so he can win by default

PGH7447

 

 

Getting There Slowly

---------

 

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

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Yes, I already submitted my embarrassed defence (see post #9 above) - do I have to submit another one?

 

Does the fact that the proceedings have moved on to the AQ stage mean that Cohens are confident of winning? It would seem that they haven't withdrawn as postggj expected they might - or is it standard practice for it to get to this point anyway? I found it odd that until now, I didn't hear anything back from the court since receiving the acknowledgement of my defence from the CCBC on 29th October, but like I said this is all new to me.

 

How should I go about wording the replies to the questions on the AQ? To clarify, I'm relying on the following:

 

 

  • The CCA being unenforceable on the grounds that all I have received is a barely legible copy of an application form, lacking prescribed terms etc.
  • One or more of the other documents being invalid
  • The fact that the balance includes approximately £250 worth of unlawful penalty charges

Sorry for all the questions but my time is very limited at the moment and I'm unable to spend hours researching similar threads as I would normally do.

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