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abski82

help coherns and cl finance court papers what do i do

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hello i need help and advise

last year i got into mess with my finances due to ill health related to pregnancy and getting behind on my payments , i had a numbers of dealings with cl finance coherns and lewis all sent from ge , caused a lot of stress at an already stressfull time , having not seen this site i payed all the money off i did end up with a ccj but paid that within the 28 days and had it removed . manged through my husband working overtime to get back on track and having returned to work tried to clear and manged to clear a number store cards .

unfortunatly i let the one with monsoon lapse i received a letter last week with my statement and an arrears notice no default . this week i planned to phone and come to some sort of arangment however today i woke to the brown envelope and the papers from court and then a letter from them , having read through many threads i have seen that people have fought and had claims struck out , i proposed a payment with cohens but we are unsure if we can stick to this and i dont want another ccj want to move , what would you advise . where do i begin i feel i want to fight this as they caused me months of misery whislt i accept i owe some of the money (there are charges and ppi ) i dont feel i should have to pay court fees etc i also feel i would like a fight

however i am 15 weeks pregnant i have a history of loss and dont wish to jeperdise this pregnancy in any way whilst not planned i would be devistated to miscary at this stage through stress. what would you advise do i just accept it get a ccj and work at reparing my credit file again this is also something that could affect me in my carer working as a regsitered profeshional so to be avoided at all costs . or do i fight it this give me more time to gather the money and eventually when i run out of fight i have the money to make a reduced offer

the dept is for aprox 1100

thankyou in advance what do i do now with regard to the claim

m

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First thing you need to do is tell us what you can about the debt, when, who with, dates etc. Then you need to do a cpr for the credit agreement. You'll also need to acknowledge service of the court letter. Post up the details of the 'particulars of claim' as well and then you'll get some advice.

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hi thanks for your reply

the original dept was ge the monsoon card was taken out in 2003 i everything was going fine up untill i had my first and went on matty leave this then got a few week behind and i caught up with payments . last summer i had an araingment with viking for 60 pounds a month which i kept to this then dropped to 50 pounnds a month and again i kept to it and reverted back to ge , the balence went from over 2000 to 900 then 840 i then stupidly forgot to pay and with other things happening this went to the back of mind very foolish , i didnt hear from them untill aletter saying santander had taken over and to continue my payments , i recived a couple of statments with arrears notices but no defualt , i guess becuse of my dealing with them before with acounts i had been hounded by phone letters etc , so foolishly expected this and i have been caught out my own fault , there is ppi wich i do dispute and had began to investigate and was setting the wheels in motion i also disputed the charges and had some back but never sent letters saying i accepted so would this mean the dept was still in disput (they were automatically refunded)

the dept has now been asighned to cl finance and is for 1124.24 it was assighned 25th nov 09 and letter dated 28th nov 09 and this has come direct from cohens

if i do make payment would this mean i couldnt ask for 28 days to defend the payment would be token , or would that be unwise , can i do this online acknowledge the letter how many days then would i have , is this worth fighting or am i going to end up in a bigger mess i have no legal experiance a nurse by proffeshion and hard working at that ,

thankyou again

m

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the particulars of the claim are this (i cant work the scanner so bear with me)

the claimnents claim is for the sum of xxx. being monies due from the defendant to the claiment under a regulated agreement between the defendant and xxxxxxxx under the referance xxxxxxxx and asigined to the claiment on the xxxxxxx notice of wich has been given to the defendant

the defendant has failed to make payment in accordance with the terms of the agreement and a deafault notice has been served upon the defendant pursuant to section 87 (1) of the consumer credit agrement 1974

pursuant to clause 7 of the agreement the claiment also claims contractual intrest at a rate of 17.460% per anum from the date of these procedings to the date of judgment or sonner payment accruing the daily rate of 0.54

i really need some help and solution this almost wrecked my marraige last time and has caused a major row tonight , i cant afford for these sharks to destroy my family

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the particulars of the claim are this (i cant work the scanner so bear with me)

the claimnents claim is for the sum of xxx. being monies due from the defendant to the claiment under a regulated agreement between the defendant and xxxxxxxx under the referance xxxxxxxx and asigined to the claiment on the xxxxxxx notice of wich has been given to the defendant

the defendant has failed to make payment in accordance with the terms of the agreement and a deafault notice has been served upon the defendant pursuant to section 87 (1) of the consumer credit agrement 1974

pursuant to clause 7 of the agreement the claiment also claims contractual intrest at a rate of 17.460% per anum from the date of these procedings to the date of judgment or sonner payment accruing the daily rate of 0.54

i really need some help and solution this almost wrecked my marraige last time and has caused a major row tonight , i cant afford for these sharks to destroy my family

on a lighter note ,your family should always come first,never worry yourself to the amount that you upset your family at the end of the day if you go to court the judge will only exspect you to pay what you can afford,and they cannot put you against the wall and shoot you,although the dca,s would like that,chin up theres always a little hope some ware on caggers site,:lol:

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Hi abski82.

Firstly don't let these comedians,cl finance and cohens grind you down.

This site will help you if you decide to fight.

This site has been brill for me.

The worst that can happen is you get a ccj and have to pay £1 or £2 a month.

Not worth putting yourself,your baby or your relationship in trouble.

Try looking around the site for ideas,or wait for someone with more knowledge than me.

Have a look here at my thread.

http://www.consumeractiongroup.co.uk/forum/legal-issues/197970-howard-cohen-help-needed.html

Take care.

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thankyou so far

ok this morning i filed my acknolegment of service on line this now gives me 28 days to prepare my defence

so now what , from reading others threads i now need to get some things from cohen like my original agreement statments etc how do i go about this and what will they charge , am sort of thinking eek what have i done now , will they move this now to my court as i dont think i could travel to northampton and from reading threads it can take some time , would my husband be able to represent me in court if it around the time the baby is due please help

m

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You have 33 days really,they allow 5 days posting from the date of service.

You need to send to cohens a CPR 31.14 Request.

Make sure you send it special delivery,and keep the proof of posting.

Look at post 34 on my thread and you can copy and paste to suit.

It won't cost you anything,and they wont send you anything.

They never do.

But at least you have got the proof you have requested.

It will go to your local court from Northampton.

Not sure about your husband representing you,but when you fill in some forms later on from your court they ask you if you have dates when you cannot attend.

Hope somebody with more knowledge than me comes along to help.

Make sure you keep reading my thread,for other help.

kimberley6

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Hi guys,

 

Am abski's other half, will upload a copy of the "notice of assignment" from Cowards and the court papers if that will be helpful.

 

Am on nights for a few days (if that makes any sense) so it might not be until Monday, any and all help is much appreciated in dealing with this.

 

Thanks muchly!


CAG - Power to the People

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Here is the notice of assignment sent by Cohen's, is this the standard letter with which others are also familiar?

noticeofassignmentanonymised.jpg


CAG - Power to the People

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Here is the claim form, issued on behalf of Northampton County Court.

To the best of our knowledge, no notice of assignment was ever received from Santander Cards, no default notice was received either. Also not sure which agreement 'clause 7' actually refers to, should they not have sent a copy?

 

 

claimformanonymised.jpg


CAG - Power to the People

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As stated previously, my wife has acknowledged the claim online and I have drafted the following letter to Cohen's questing the information they claim my wife has already received - pieced together from others on this site who have been kind enough to share their experiences.

 

Anyone got any comments?

 

CPR 31.14 request

 

On 3rd December 2009 I received the Claim Form in this case issued by you out of the Northampton County Court.

 

I confirm having returned my acknowledgement of service to the court in which I indicate my intention to contest your entire 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 mentioned in your Particulars of Claim:

 

 

  • 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.

 

 

  • Notice of assignment from the original debt holder.

 

 

  • The default notice.

 

Your client should ensure compliance with its CPR 31 duties and ensure that the documents I have requested are copied to and received by me within seven 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 fourteen 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


CAG - Power to the People

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Looks ok to me,but i'm not an expert.

Make sure you send it recorded delivery.

They won't send you anything,but you've tried.:D

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Thanks for your reply Kimberly6, I have seen your name a lot around the boards and hope you will continue to cast an eye over this.

 

Since I have now taken over this from Mrs Ski I thought I would start a separate thread with it so it was obvious when I had updated it!

 

The thread is now http://www.consumeractiongroup.co.uk/forum/legal-issues/237134-mrs-ski-howard-cohen.html#post2630776

 

Thanks very much again!


CAG - Power to the People

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