Notice of Allocation received from court - not sure what to do now

[rainbow moon]

I have received the notice of allocation form from the court in my battle with cohens, I am not sure what to do now. I have a copy of the agreement which looks ok from a previous request (Asda store card) and I have an invalid DN.

 

I have a letter back in response to my cpr request to cohens saying they didn't have to supply any documents.

 

The only other thing I have had in the last couple of weeks is a letter from Lewis Debt recovery offering me 50% off the debt and it will be marked as partially settled.

 

If anyone can point me in the right direction I would be very grateful. Rainbow x

 

[brownie83]

Hi,

 

Have a look at my post, there's some excellent links in there that will help.

http://www.consumeractiongroup.co.uk/forum/legal-issues/232163-urgent-court-order-due.html

Good luck.

[patrickq1]

The only other thing I have had in the last couple of weeks is a letter from Lewis Debt recovery offering me 50% off the debt and it will be marked as partially settled.

in other words they will come back for the other 50% plus intrest i am a realist and would nt beleive a word the paper is written on...you need to ask them to clarify the true meaning PARTIALLY SETTLED ?

these guys would lie to their grannies if they needed to just to extract more money imo

patrickq1

[rainbow moon]

Thanks for the replies, I am not interested in the settlement offer and realise as you have that there is a big difference between settled and partially settled especially with these lowlifes. I am just confused as to what info I am supposed to provide to the court. All other info Cohens have refused to supply - I have kept their letter to me stating this. Any more replies welcome Rainbow x

[humbleman]

did you receive a NOA, or have you acknowledged that you have had one.

 

I think you are home and dry with the information that the court is requesting from them.

[rainbow moon]

Thanks for the reply humbleman, I was a bit surprised by what the court had asked cohens to supply - especially about the method of postage I did get a noa dated 16th of December but didn't get it until after the court forms dropped on the mat (court forms dated 19th Dec). All the rest of the info is on this thread -

 

http://www.consumeractiongroup.co.uk/forum/legal-issues/228338-rainbow-moon-asda-they.html

 

I feel better knowing what the court have asked for they can't provide, ie proof they sent the letters rd etc. Do I have to send the court the copy letter from cohens stating they won't provide the information I asked for? I do have the dn, no letter stating asda were selling the account on etc. Also in the poc they have stated I have an agreement with Santander - it was taken out with GE Money - don't know if this makes any difference.

 

Thank you for any help Rainbow x

[42man]

I agree with Humbleman....I can't see them being able to provide any copies, let alone the originals !!!

[rainbow moon]

Thank you! Do I have to send any info to the court or just wait for cohens?

Thanks for the replies Rainbow x

[rainbow moon]

Sorry me again - just notice on the poc they state the assignment date as 14th Dec - the letter to me is dated 16th

[Docman]

This difference in date could be important as there is case law governing the point. I've read your other thread but couldn't see what you said in your defence.

[rainbow moon]

Hi Docman, I used an embarrassed defence and entered it online details as follows

 

1. I, of , make this statement as my defence to the claim brought by C L Finance Ltd. 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.

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 a request to the claimant for further information via CPR 31.14 dated 2/11/2009 and sent recorded delivery, the claimant has replied and refused to send any information. 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. I put the claimant to strict proof that any default notice sent to me was valid. I note that to be valid, a default notice needs to be accurate in terms of both the scope and nature of breach and include an accurate figure required to remedy any such breach. The prescribed format for such document is laid down in Consumer Credit(Enforcement, Default and Termination Notices) Regulations 1983 (SI 1983/1561) and Amendment regulations the Consumer Credit (Enforcement, Default and Termination

Notices)(Amendment) Regulations 2004 (SI 2004/3237).

6. Failure of a default notice to be accurate not only invalidates the default notice (Woodchester Lease Management Services Ltd v Swain and Co - [2001] GCCR 2255) but is a unlawful rescission of contract which would not only prevent the court enforcing any alleged debt, but give me a counter claim for damages Kpohraror v Woolwich Building Society [1996] 4 All E

7. Further to the above 6 paragraphs, the defendant is unable to plead effectively or at all. The defendant is embarrassed.

Statement of truth

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

I am the Defendant.

[hammyhound]

Just subbing,

 

In the same boat with HC.

 

I wish we all had had an order like that asking for the originals and proof of posting.

 

HH

[rainbow moon]

HI Hammyhound, I think they can come up with the original ge money agreement as I have been sent a copy that looks like the one I signed in store, the proof of posting they haven't got though and I have the dodgy dn. They haven't got an agreement with santander on it.

 

Does anyone know which if any copy documents I have to send to the court?

 

Thanks Rainbow x

[rainbow moon]

Does anyone know if I have to send the any documents to court? I don't want to get anything wrong now. Thanks Rainbow x

[patrickq1]

can you scan in your agreement but leaving out any identifying names and numbers ok then we can look at it ok rainbow

patrickq1

[rainbow moon]

This is the dn

 

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and this is the agreement - it did have my signature on it

 

 

Thanks for any replies/advice. Rainbow x

[rainbow moon]

Just an update, yesterday I received a booklet from the court informing me of their mediation service. After reading it looks like it will cost quite a bit to go down this route - would the court be less favourable to me if I don't persue this?

 

I have not had anything back from cohens and have no idea what papers to send to the court if any. If anyone can let me know the best thing to do I would be very grateful. Rainbow x

[rainbow moon]

I have to sort this out in the next couple of days - does anyone know what I have to send to the court if anything? Rainbow x

[patrickq1]

did you sign this with the hand written percentage that looks very unusual ?

[rainbow moon]

I signed the application form/agreement in the store - I cannot remember if the percentage was on it when I signed it or has been added on after - does this make a difference do you think? Thanks for any replies. Rainbow x

[patrickq1]

it will make a tremendous difference if it is different from any quoted litterature ,ime sure they must have put out leaflets what intrest have they charged on your payin in statements

[patrickq1]

see this thread a percentage makes all the difference

http://www.consumeractiongroup.co.uk/forum/legal-issues/244025-delfi101-et-al-weightmans.html#post2725083

 

so if you can find any litterature sales magazines etc showing different % then you will know why its important i geuss it was entered after you left the premises ?

[mercyblue]

What directions does it state in the AQ thats what you need to follow.

[rainbow moon]

I have had a look around and found a couple of recent statements which show the apr being the same as the agreement According to the noa it states both parties have to supply each other and the court with the documents being relied on in court. I have the dn and the noa but wondered if because I have received the noa, does this mean the proof of service is now no longer an issue? I am really struggling on what to send to the court. Thanks for any replies. Rainbow x

[rainbow moon]

anyone have any ideas on this? sorry to be a pain but don't want to lose out now after coming so far, I really don't know what to do thanks for any replies Rainbow x