Howard Cohen/C L Finance/Santander

[righteousGriffiths]

Hi, looking for some good advice.

 

Around three weeks ago received a letter from Howard Cohen saying a Santander debt, under £5000 had been asigned to them and a company called C L Finance.

The end of this week I received a claim from Northampton County court.

 

My question is although I am inclined to admit it, as in my present situation cannot pay much anyway but,

 

• How can I be sure if I sent the admission to Howard Cohen they will forward it on to the court, or just pretend I have ignored the summons so they can try and get what I cannot afford?
  
• Although I believe last year I received a defaut notice, I have not received a letter from Santander to say C L Finance have been assigned my case. Is this a defence, and how should I word it if so?
  

Your help and advice is appreciated.

 

Righteous

[cerberusalert]

Moved to Debt Collection Forum.

[harrassed senior]

Is this a loan or an overdraft etc. This because there are different ways to go, and your defence will depend on this.

 

Your defence is submitted to the Court and not HC.

 

What is the date for your response to be entered at Court.

[righteousGriffiths]

Hi

 

This is a credit card, and I am not sure if it worth defending but its a thought.

 

If I admit the claim I understand it goes back to the claimant first and not the court, hence my first question.

 

Thanks for your response

 

righteous

[harrassed senior]

It is never a good idea to admit outright, always worth a defence.

 

Please let me know the date for return of defense to Court.

 

It is my opinion that you should immediately send the following Letter Before Action to HC.

 

Whilst waiting for this, let the Court know that you are to put in a defence and request an extension.

 

If you read around the threads on H Cohen on this site you will see that he often sends summons throught the bulk centre at Northampton hoping to get a Judgement by Default. When people start to offer a defense he turns tail and runs.

 

REQUEST FOR INFORMATION UNDER THE Civil Procedure RULES.

 

Dear Sir/Madam,

 

I have received the Court claim filed by your Company. To enable me to file a defence and counter-claim, I require specific information regarding the account to be provided forthwith. Given that this matter is now the subject of legal proceedings, you are obliged to disclose under the Civil Procedure Rules, the information and documents detailed below. The information must be furnished by the **DATE**, which gives you ten days to provide what has been requested. If you fail to comply, this will be reported to the Court, a copy of this letter will be provided as evidence to the same and an Order enforcing your compliance will be sought.

 

1. A true copy of the executed credit agreement and any terms and conditions that applied to the account at the time of default and at the time the account was opened.

2. All records you hold on me relevant to this case, including but not limited to:

a. A transcript of all transactions, including charges, fees, interest, repayments and payments and both the original amount of the loan and any repayments made to it the account.

b. Transcriptions of all telephone conversations recorded and any notes made in relation to telephone conversations

c. Where there has been any event in my account history over this period which has required manual intervention by any person, I require disclosure of any indication or notes which have either caused or resulted in that manual intervention, or other evidence of that manual intervention in relation to my account formerly held with **CREDITOR**.

d. True copies of any notice of assignment and/or default notice or enforcement notice that you or the original creditor sent me, with a copy of any proof of postage that you hold.

e. Documents relating to any insurance added to the account, including the insurance contract and terms and conditions, date it was added and deleted (if applicable).

f. Details of any collection charge added to the account; specifically, the date it was levied, the amount of the charge, a detailed financial breakdown of how the charge was calculated, and what the charge covers.

g. Specific details of the fees/charges levied by any other agency in respect of this account and a detailed breakdown of said fees/charges and what each charge relates to and on what date said fees/charges were levied.

h. A genuine copy of any deed of assignment, or proof that you have a legal right to this money.

i. A genuine copy of any notice of fair use of my data as required by the Data Protection Act 1998

j. A list of third party agencies to whom you have disclosed my personal data and a summary of the nature of the information you have disclosed.

 

3. Any other documents you seek to rely on in court.

4. A copy of your complaints procedure, as required by the Consumer Credit Act 2006.

5. Clarification of the date you acquired the debt, what organisation you acquired it from, their registered office, their company number (if any) and what legal title they had to this debt, and what credit license number they had at the time that the debt was purchased or entered into.

 

I will require this information within the next ten days. I must advise you that if the information is not forthcoming, it will be reported to the Court that you are trying to frustrate proceedings and denying me the opportunity to file a defence and counter claim.

 

I would appreciate your due diligence in this matter.

 

I await your response.

 

He will most probably try and wriggle out of sending all of the above, and if he does, it means that your alleged debt is legally unenforceable in Court, and therefore that is your complete denfense.

[harrassed senior]

Have a read of this thread:

 

http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/206593-howard-cohen-discussion-thread.html

[righteousGriffiths]

I received the papers last Thursday so I have about 14 days

[harrassed senior]

In that case tell the Court you will be submitting a defense and get that letter off tomorrow by Recorded Delivery. If you telephone the Court, request an extension in order that you can submit your defence.

 

(sorry, keep switch between UK/US spellings for defence!).

[righteousGriffiths]

Hi

 

I have now acknowledged the Claim Form, sent the lette to Howard Cohen, and bullet pointed my defence on line with the Court Service along the lines of the letter.

 

Is there anything else I need to do and what happens nexy?

 

Thanks for all your help.