Howard Cohen ..strike again

[Yasmin]

Hello I was wondering if anyone could give me a bit of advice as it's been so long now since I went to court and reclaimed my bank charges.

 

I opened a store card account at Debenhams in 2002 and later had difficulties keeping up the payments due to my marriage break up etc. I reclaimed my charges from GE capital in around 2005 and was left with a balance on the account. This was tfr to CL Finance ltd and an agreed monthly amount was reached. I recently received a statement, showing charges which effectively cancelled out 10 of my payments..so I would be paying this debt forever!

I wrote to CL finance expressing my concerns, and in the meantime missed two payments.

They have now defaulted me and I have today received a claim form from Howard Cohen...

The poc are as follows-

The claiment's claim is for the sum of..

being monies due from the defendent to the claimant under a regulated credit agreement made in writing under ref...

 

The defend. has failed to make payment in accordance with the terms of the agreementbeen servedupon the Defendent pursuant to sect. 87(1) of the consumer credit Act 1974.

The claiment claims the sum......

 

 

 

I can't seem to find my original agreement with Debenhams..re the storecard, so I'm still looking for that. Have I got any grounds to contest this claim? Any help and advice would be appreciated.

[GhostDebt]

Hi Yasmin,

 

There are several grounds for possibly disputing the claim.

The Default Notice

The Assignment of the debt

The Agreement.

 

I would suggest sending Cohen a CPR 31.14 letter and return the acknowledgement of service form to the court stating you will defend in full. (or acknowledge it online)

 

Regards

[Yasmin]

Hi GhostDebt,

 

Thanks for the reply. I have now acknowledged the claim online, stating I will defend in full.

After reading a few threads it seems Cohen are responding to both the CPR 31.14 and CPR 18 with the following:-

As this matter relates to a small claim Part 18 does not apply, therefore, we are not obliged to provide this information under the C.P.R and would advise that the particulars of claim detailed in the CCC form should be suffifcient to allow you to respond accordingly.

 

Also on one of the threads, he was advised to send a copy of both. Should I just send the CPR 31.14 as advised?

 

[PGH7447]

read this

 

http://www.consumeractiongroup.co.uk/forum/store-cards/228765-howard-cohen-ge-money.html

[Yasmin]

Sent the CPR 31.14 today, thanks for the link PGH7447. Have been reading for a couple of hours today.....so many threads on this Cohen eejit..

[postggj]

Not A Lot Of People Like Cohen

His Lord And Master Has Been Cracking The Whip (cattle's) And Along With Clueless Dca Have Been Rather Regular As Late On The Forum

 

Now You Sent The Cpr Letter, Prepare For The White Flag

[Yasmin]

Now that I've acknowledged the claim, I guess I should really make the payments I missed, so I'm up-to-date. Will the DCA, accept now as it's in the hands of cohen? I usually make the payment by card as their useless site never accepts my details(even though I have mentioned it to them several times, and still they cannot solve the mystery) So do I make the payments or hold fire?

[postggj]

well as a claim is in the system

 

cohen and clueless can sing for there supper

[debbbbsy]

Now that I've acknowledged the claim, I guess I should really make the payments I missed

NO, you don't make any payments.

The claim is now in the court system.They have already added the court charges,use this to your advantage.

Until HC/CL Finance come up with the agreement you defend this claim.

Now that they have taken this to court they have to respond to a CPR 31.14 if they want to enforce the claim.

Debs

[Yasmin]

Right, thanks for the advice..i'll just wait and keep an eye on my deadline.

[Yasmin]

What a surprise..the usual letter from Cohens this morning, this claim is less than 5000.00 so CPR does not apply blah blah blah........

[PGH7447]

standard fare from this XX??XX?XX?X - escape the cagbot

[GhostDebt]

Time to start looking for and preparing an embarrassed defence then.

 

Please keep an eye on your time scales and do not be late submitting things to the court.

 

Any questions please ask and someone will be along to help

 

Regards

[Yasmin]

Looking to prepare my defence today. Checked my credit file and default showing. Can I make a counterclaim to have it removed or just submit the embarrassed defence....

[postggj]

yasnin

 

is the default valid

 

laid out in the corect manner

 

i have marlin in court at the moment on a crap default notice and have claimed £1000.00 damages

 

can you post up the default notice if you have it

[littlefatbudha]

subbing !

[Yasmin]

Hi Postggj..No, unfortunately don't have the default notice, so not really sure where I stand on this, as they're probably not going to comply with my request for docs. Any suggestions on how to proceed? Should I send a counterclaim re the removal of the default along with the defence?

[postggj]

No

 

What We Do Now Is A Holding Defence

Cohen Is Well Known For This Trick

 

Once He Has To Start Shelling Out Court Fees, He Gives Up

 

The Court Will Then Order He Produce The Docs, Thats If They Even Have Them Or Throw Out The Claim For Non Compliance Of The Cpr Request

 

When Did You Acknowledge The Claim And When Does The Defence Need To Be In BY

[postggj]

1. I, XXXX of XXXXX make this statement as my defence to the claim brought by XXXXX.

 

2. The claimant’s particulars of claim are vague and fail to disclose any cause of action; they appear to be an abuse of the process in that they fail to deal with the basic rules of pleading in accordance with the CPR, even allowing for the constraints of the bulk issue system.

 

3. No documents supporting the claims in the particulars have been offered and despite requests to the claimant for further information via CPR 31.14 dated XXX 2009 sent by recorded delivery, none has been forthcoming and as a result I cannot plead in defence to the claim.

 

4. Without clarification of the claimant’s claim, the defendant is extremely disadvantaged and as the claimant’s claim appears without merit, the defendant asks to be allowed to submit a fully particularised defence should the claimant provide copies of the original documents he will rely upon.

 

5. Further to the above 4 paragraphs, the defendant is unable to plead effectively or at all. The defendant is embarrassed.

6. THE DEFENDANT ASK THE COURTS PERMISSION TO AMMEND ITS DEFENCE IF THE REQUIRED INFORMATION IS RELEASED BY THE CLAIMANT.

 

Statement of truth

I believe that the facts stated in this defence are true.

I am the Defendant.

 

Signed:

 

XXXX

XXXX 2009

[Yasmin]

Thanks for the advice postggj, I acknowledged the Claim on 30th Oct. the defence has to be in by 28th November. I will use the above. Sending this week.

[postggj]

Now I Hope Ime Wrong On This

 

As This Is Mcol, Does It State That The 28 Nov Is The Date To Receive The Defence By.

 

I Would Log On Now And Cut And Paste That Defence With The Dates Filled In

 

Its My Understanding The Court Allows 14 Days Plus Five For Service To Acknowledge The Claim, Then A Further 14 Days To Do The Defence

 

An Extra 28 Not 14 Days For A Defence Can Be Done But With The Permission Of The Court

 

Do The Defence Now And You Should Be All Right

 

The Last Thing You Need Is A Ccj By Default And Cohen Will Jump On It

[Yasmin]

Have I misunderstood it..It says if I send the acknowledgement of service I must send a defence to the court to arrive no later than 28 days from the date of service. The date of service was 1st Nov. I acknowledged the claim on 30th Oct.

[postggj]

You Can Ask For Extra Time , Thats Where The Extra 14 Days Making 28 Days Come In

 

You Are Ok If You Go Online And Do The Defence Today To Be On The Safe Side

 

Just Cut And Paste The Embarrassed DefeNce

[Yasmin]

Ok thanks for that doing it now!!!

[postggj]

Remember To Fill In The Dates