Cohen, Santander and CL - PLEASE HELP

[DonKichote]

Hello guys:) The story so far: could not keep up minimum payments on credit cards since around last April. Letters, phone calls from GE. I asked them to freeze the interest for 6 months but Santander (GE) Mo refused. Default notice on 1.6 from Santander and more letters from Santander, Viking, Santander again. Then on 23.10 came NoA from Cohen, then County Court Claim from him(Northampton) issued 23.10 but received by me 17.11 and a Notice of Default sums (£5 Letter Charge) from CLF. So as you can see an all star cast well known to you. I was going to make a partial admission disputing costs and part of the interest which they now call “debit adjustment” on the latest few statements and plead hardship, but then last night I came across CAG site, which was ajust mazing. Trawling through the posts all night I first thought of including a counterclaim for unfair default charges. Having added them up, the £12s come to just 84 pounds, and having read some excellent contributions decided to bite the bullet and admit nothing. Early this morning I filed acknowledgement of service via MOCL, and emailed a CPR 32.14 request for info (agreement, assignment and NoA) to Mr Cohen to deliver within 7 days, with embarrassed defence in mind. Should the claimant produce all relevant documents though, I will need another form of defence. I may also get pressed to submit it before Cohen to produces copy documents (or not), as the defence is due either on 2.12 (issue date + 5 + 28 or on 15.10 (based on actual date received). Well, it is my first case (and there will be a few more) and as you have seen what little legal knowledge I have is pretty dangerous. I am relying on you guys to help me come up with a strong defence (or two) and tactics for the next few days. I uploaded jpegs of PoA, NoA, PoC and that cheeky Default Sums Notice onto flicker, but then got stuck,. I would be grateful for your assistance.

 

 

[hungrybear]

I hope it was a 31.14 cpr request and not 32.14 which is false statements / contempt of court!!

 

this ministry of justice link may help you:

 

PART 31 - DISCLOSURE AND INSPECTION OF DOCUMENTS - Ministry of Justice

 

as might this cag link:

 

http://www.consumeractiongroup.co.uk/forum/legal-issues/159445-getting-them-reveal-their-6.html#post1833261

 

So you've acknowledged, intend to defend in full and sent off a cpr 31.14.

 

Not much else you can do for now I dont think

[DonKichote]

hu

 

ngrybear - thank you

 

yes, 31.14, typo on post only

 

 

[hungrybear]

hu

 

ngrybear - thank you

 

yes, 31.14, typo on post only

 

 

 

 

If you want any documents not directly mentioned in the POC then you have to use CPR 18 - just for reference so you can keep all your ducks in a row

[DonKichote]

Cohen replied 1 Dec that they are in the process of retrieving the requested documents, and "Please accept this letter as our agreement to a general extension of time. Once we have provided you with the documents requested we will grant you a further 14 days for you to submit your defence. We trust this is in order."

 

They did not specify how long they will take, which is what I required them to say in my CR14 letter. What do I do now??? The court deadline for filing a defence is tomorrow!

[DonKichote]

bump

[GhostDebt]

Get an embarassed defence in ASAP if you have no documents and also call the court first to check the date the defence needs to be in by.

[hungrybear]

Cohen replied 1 Dec that they are in the process of retrieving the requested documents, and "Please accept this letter as our agreement to a general extension of time. Once we have provided you with the documents requested we will grant you a further 14 days for you to submit your defence. We trust this is in order."

 

They did not specify how long they will take, which is what I required them to say in my CR14 letter. What do I do now??? The court deadline for filing a defence is tomorrow!

 

 

I like EASY questions! ignore them, file a holding defence on the court time scale.. DO NOT fall for their %^$%^&&. Do what the court says. They are NOT the court, they cannot extend anything. They have a time limit end of story.

 

IF you listen to them you WILL get a judgment by default against you

[DonKichote]

Thank you hungrybear and GhostDebt for a speedy reply. I will get on and submit embarrassed defence via MOCL now.

[DonKichote]

hope this one will do, any comments?

Welcome Financial Services Limited

 

Claimant

 

and

 

 

 

XXXXXXXXXXXXXXXXXXX

Defendant

 

 

DEFENCE

 

 

 

1 I xxxxxxxxx of xxxxxxxxxxxxx am the defendant in this action and make the following statement as my defence to the claim made by xxxxxxxxxxxx

 

2. Except where otherwise mentioned in this defence, I neither admit nor deny any allegation made in the claimants Particulars of Claim and put the claimant to strict proof thereof.

 

3. It is denied that the Claimant served upon the Defendant a default notice pursuant to section 87(1) of The Act and which was in prescribed form and compliant with the provisions of section 88 of the Act.

 

4. Notwithstanding point 3, the Claimants' Particulars of Claim do not appear to disclose any legal cause of action and they are embarrassing to the defendant as the Claimant's statement of case is insufficiently particularised and does not comply with CPR part 16. In this regard I wish to draw the courts attention to the following matters:

 

a) The Particulars of Claim are vague and insufficient and do not disclose an adequate statement of facts relating to or proceeding the alleged cause of action. No particulars are offered in relation to the nature of the written Agreement referred to, the method the Claimant calculated any outstanding sums due, or any Default Notices issued required for the Claimant to have a legitimate right of action under the purported written Agreement or any other matters necessary to substantiate the Claimant’s claim;

 

b) A copy of the purported written Agreement that the Claimant cites in the Particulars of Claim and which appears to form the basis upon which these proceedings have been brought, has not been served attached to the claim form;

 

c) A copy of the purported Default Notice cited in the Particulars of Claim, and as required by s87(1) Consumer Credit Act (1974), has not been attached to the claim form;

 

d) No copies of statements relating to the Agreement have been included with the claim form and no particulars have been offered supporting the Claimants claims of my indebtedness to them.

 

6. Further to the case, on 17 April 2009 I requested the disclosure of information pursuant to the Civil Procedure Rules, which is vital to this case from the Claimant. The information requested amounted to copies of the Credit Agreement referred to in the particulars of claim and any default or termination notices.

 

7. The claimant has failed to comply with my request for disclosure entirely and it is suggested that such failure highlights that there is no case for me to answer.

 

8. Since the claimant has failed to comply with the request for disclosure as outlined in point 6, it is requested the court consider striking out the claimant statement of claim as failing to disclose reasonable grounds for bringing the claim and there is no case to answer.

 

9. In view of the matters pleaded above, the Defendant respectfully requests that the Court gives consideration as to whether the Claimant’s Particulars of Claim should be struck out as disclosing no reasonable grounds for bringing the claim, and/or that it fails to comply with CPR Part 16.

 

10. In the alternative if the Court decides not to strike out the Claimant’s case, in order for the Defendant to determine that the documents the Claimant claims to be relying upon are properly executed and contain the required prescribed terms and correct figures as to make such an Agreement enforceable by virtue of s.87 Consumer Credit Act (1974), the Defendant respectfully requests that the Court orders full disclosure of the following documents pursuant to the Civil Procedure Rules:

 

a) A copy of the executed Agreement as referred to in the Particulars of Claim, containing the prescribed terms under Consumer Credit (Agreements) Regulations 1983 (SI 1983/1553) and signed in the prescribed manner by both the debtor and creditor;

 

b) A copy of the terms & conditions as referred to in, and in force at the time of, any such executed Agreement;

 

c) A full breakdown of how the sum claimed has been calculated;

 

d) A copy of any Default Notice as referred to in the Particulars of Claim and issued under the terms of any such executed Agreement;

 

e) Any other documents the Claimant seeks to rely on.

 

11. Alternatively, if the Court is not in agreement with point 9, I respectfully request a stay in proceedings until such time as the Claimant complies with the requests outlined in point 10 above or until the Court orders its compliance with the same. I will then be in a position to file a fully particularised Defence and Counterclaim and will seek the Courts permission to amend my statement of case accordingly.

 

 

Statement of Truth

 

 

I xxxxxxxxxxx, The Defendant, believe the above statement to be true and factual

 

 

 

Signed:

 

 

Dated:

[DonkeyB]

I note that this is not the first time Howard Cohen have told a defendant that they can have more time to file their defence.

 

I think this is another one of their 'admin errors' carefully disguised as perverting the course of justice!

[42man]

I love the way they try and say "Please accept this letter as our agreement to a general extension of time"

 

You seem to be doing the right things.....and I presume there was no mention in the Particulars Of The Claim of the default ? as you mentioned

only agreement and assignment (termination ? default notice ?)

 

Here is another example of an embarrassed defence

 

http://www.consumeractiongroup.co.uk/forum/legal-issues/234830-cpr-31-14-request.html#post2613281

[DonKichote]

Thanks 42man, DN was on POC, and I requested it both in letter and in defence, which I submitted via MOCL

[DonKichote]

Hi everyone,

 

My embarrassed defence was received and processed by the Northampton Court. Nothing came from Cohens (agreement etc that I requested). The case has been transferred to my local County Court, and I received an Allocation Questionnaire from them today. Could someone point me in the right direction as to completing it please?

[GhostDebt]

What type of AQ is it?

N150 or N149.

[DonkeyB]

The AQ is where you can ask the judge to issue directions to make CL/Cohens comply with disclosure requests. It should be a useful step.

[42man]

Some useful links here - this is a general guide to both 150's and 149's - http://www.consumeractiongroup.co.uk/forum/legal-issues/131499-directions-n150-n149-allocation.html

 

149's - http://www.consumeractiongroup.co.uk/forum/dca-legal-successes/159341-court-papers-received-what-6.html

 

150's - http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/121975-link-financial-county-court-2.html#post1385509

 

http://www.consumeractiongroup.co.uk/forum/legal-issues/161188-allocation-questionnaire-urgent-help.html

 

http://www.consumeractiongroup.co.uk/forum/legal-issues/175566-upto-eyeballs-cl-finance-2.html#post1916595

 

http://www.consumeractiongroup.co.uk/forum/legal-issues/170982-dreaded-court-claim-came-4.html#post1966689

[DonKichote]

Thank you 42man, DonkeyB. GhostDebt, it is N150, any specific points on that account?

[DonKichote]

There seems to be 2 schools of thought as to part A of the AQ, namely willingness to settle. Also quoting of past cases. Can anyone give a Solomon judgement here???

[DonKichote]

bump

[DonKichote]

Perhaps I ought to make clear that I cannot afford to settle, only to make nominal payments

[DonKichote]

bump

[jason_mnm]

any updates???????????

[DonKichote]

Yesterday I posted the AQ and also sent a Part 18 request to Cohens with a copy of AQ. ALso copies of Cohen correspondence to court. Cohens have not supplied any of CPR14 docs I requested in November and have not yet received a copy of their AQ. To the AQ I attached a draft order if Cohens don't comply in 14 days.