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    • you IGNORE THEM. stop being had blind nothing anyone can do to you. dx  
    • Which Court have you received the claim from ? Name County Court   MCOL Northampton N1 ?yes Manual Claim CCMCC (Salford) ? New beta WWW.MONEYCLAIMS.SERVICE.GOV.UK ? Yes If possible please scan redact and upload a full page copy of page 1 of the claim form. (not the response page or AOS)     Name of the Claimant ? Give answer here Lowell How many defendant's  joint or self ? Give answer here Self 1 Date of issue – top right hand corner of the claim form – this in order to establish the time line you need to adhere to. Give answer here 08 may  ^^^^^ NOTE : WHEN CALCULATING THE TIMELINE - PLEASE REMEMBER THAT THE DATE ON THE CLAIMFORM IS ONE IN THE COUNT [example: Issue date 01.03.2014 + 19 days (5 days for service + 14 days to acknowledge) = 19.03.2014 + 14 days to submit defence = 02.04.2014] = 33 days in total   Date of issue XX + 19 days ( 5 day for service + 14 days to acknowledge) = XX + 14 days to submit defence = XX (33 days in total)  if your defence filing date falls on a W/End, you must file by friday @4PM     Particulars of Claim   What is the claim for – the reason they have issued the claim? Please type out their particulars of claim in full (verbatim) less any identifiable data and round the amounts up/down. state how many digits the account number has.. Give answer here  the claim is for sum of 1650£ due by the defendant under an agreement regulated by the consumer credit act 1974 for capital one account with an account reference of xxxx tge dependent failed to maintain contractual payments required by the agreement and a default notice was served under s87(1) of the consumer credit act 1973 which has not been complied with the debt was legally assigned to the claimant on 18/03-21 notice of which has been given to defendant  the claim incudes statutory interest under s69 of the county court act 184 at a rate of 8%per annum from the date of assignment to the date of issue of these proceedings in the sum of 132£ the claimant claims the sum of 1782£   What is the total value of the claim? Give answer here 1977£ Have you received prior notice of a claim being issued pursuant to paragraph 3 of the PAPDC (Pre Action Protocol) ? Give answer here Not sure  received a letter on 24 march stating Letter of claim- you have 30 days to prevent legal action Have you changed your address since the time at which the debt referred to in the claim was allegedly incurred? Give answer here No Did you inform the claimant of your change of address? Give answer here Is the claim for - a Bank Account (Overdraft) or credit card or loan or catalogue or mobile phone account? Give answer here Credit card When did you enter into the original agreement before or after April 2007 ? Give answer here After Do you recall how you entered into the agreement...On line /In branch/By post ? Give answer here Online Is the debt showing on your credit reference files (Experian/Equifax /Etc...) ? Give answer here Yes Has the claim been issued by the original creditor or was the account assigned and it is the Debt purchaser who has issued the claim. Give answer here Debt purchaser Were you aware the account had been assigned – did you receive a Notice of Assignment? Give answer here Unsure Did you receive a Default Notice from the original creditor? Give answer here Unsure Have you been receiving statutory notices headed “Notice of Sums in Arrears”  or " Notice of Arrears "– at least once a year ? Give answer here Not that he recalls Why did you cease payments? Give answer here Lost job What was the date of your last payment? Give answer here Feb 2023 Was there a dispute with the original creditor that remains unresolved? Give answer here No Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management plan? Give answer here No What you need to do now.    Answer the questions above   If you have not already done so – send a CCA request to the claimant for a copy of your agreement (If Applicable) (except for Overdraft/ Mobile/Telephone accounts)   Send a CPR31.14 request to the solicitor named on the claim form for copies of documents mentioned/implied within the claim form. There are two different versions - one for Loans/Credit cards the other for Current accounts   Request 1 - Loans/Credit Cards     Request 2 - Current Accounts     You may use a CPR part 18 request for any other information (not request documents) that you might require in order to defend yourself. Please note that CPR 18 is specifically for Fast Track claims and although technically the claim has yet to be allocated to a track the claimant may refuse to comply for this reason.   If you require CPR Part 18 - this will need to be drafted specifically.   If you are not planning on defending for one reason or another – then you will need to complete an Income and Expenditure form and contact the Solicitor with your proposal. The N9a is already enclosed in the claim pack for Admittance which should be sent to the solicitor named on the claim form   If you are considering making a partial admittance N9b must be completed and returned to the court. Please note in most cases a partial admittance will result in an automatic CCJ for the amount admitted.   You have received a Claim - What you need to do.pdf1.33 MB · 241 downloads     Before Printing the PDF TIP   If you DO NOT wish to print Page 1 (Cover Page) of the PDF, please ensure to do the following:   Ensure you go to your Printer Settings and set it to 'Print from Page 2' (this way Page 1 (Cover Page) should not print out).   Note: This will save you Ink & Paper    
    • 3 threads merged for complete history of your debts. i suggest you re read from post 1 again. what are you doing still blindly paying a DCA on a historic debt?  
    • Hi, I have an old outstanding debt from 1994 due to MBNA for £20,000. The debt has been passed to various DCAs and is currently with PRA Group.  I sent them a CCA letter in January 2024. They acknowledged this letter and stated they would come back when they had more information, however the information did not arrive within the 12 working day scenario.. I have just received a copy of the agreement which goes back to 1994 from them. In their response letter they have stated " Please find enclosed documentation received to date: we are waiting further documents in order to complete your request. We have currently deemed this debt as unenforceable which means we are not able to take court or further action against you to recover the outstanding balance". They then go on to state "we are still legally entitled to:  1.Contact you to ask and repay what you owe 2.Pass your details onto a third party collection agency 3. Continue to report your account with the credit reference bureaux (as appropriate)". I'm at a loss as to what I should do next and would appreciate any guidance on this matter. I am currently paying £5.00 pcm. TIA      
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Debenhams store card 1988. G.E.Money Howard Cohen and CL Finance claim.


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Hi all,

I've definitely got the pre-court colly wobbles!

 

I am challenging a debt with CL Finance because the CCA is illegible. I have raised a dispute, asked if they have the original agreement and can I have a legible copy.

 

Howard Cohen wrote to say going to court. I wrote back and said in dispute.

CL Finance then send me a statement with court costs added and today I received a county court claim document.

 

The debt is in my OH's name and she is worried that if I challenge the debt in court, I am going to a) damage my health (I have blood pressure and heart issues) or b) make things worse than accepting the debt and going for a minimal repayment through the court, or c) both. My health isn't an issue as I am up for the fight. (what's the alternative?)

 

I would be grateful if you could offer answers to our questions:

 

1) If CL Finance wins, what happens then?

2) Can we still make an affordable arrangement if we lose the case?

3) Can I represent my OH in court?

4) Can they win if they haven't got the original agreement?

 

I would still like to challenge the debt on the basis that they probably haven't got the original agreement, the copy they provided is illegible in parts, and because they are ........

 

Please, please share your experiences and knowledge as we are very worried.

 

Thanks,

Rocky

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1) If CL Finance wins, what happens then? (Judgement will be awarded in favour of the creditor)

 

2) Can we still make an affordable arrangement if we lose the case? (The judge will take in to consideration your financial position and set repayments at an affordable level to your curcumstances)

 

3) Can I represent my OH in court? (Yes you can with your OH permission)

 

4) Can they win if they haven't got the original agreement? (Technically NO, but it depends on the judge on the day and what other evidence they submit to support their claim)

 

What are the POC's on the court papers?

Is it a genuine N1 from the courts?

Have you sent a CPR request to Cohen's?

Have you acknowledged the claim yet?

 

 

 

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Hi Alf,

The POC reads:

The Claimants claim is for the sum of £2500 being moneys due from the Defendant to the Claimant under a regulated credit agreement made in writing under reference xxxxxxxxxxxxxxxxxx. The defendant has failed to make payment in accordance with the terms of the agreement and a default notice has been served upon the defendant pursuant to Section 87(1) of the Consumer Credit Act 1974. The Claimant claims the sum of £2500.

 

Looks like a genuine N1 document with a court number, crown stamp etc. Have had one before.

I haven't sent a CPR request yet, or acknowledge.

 

Nick, there's little chance of my wife going to court. Can she give me authorisation to act on her behalf?

 

Thanks for you replies,

Rocky

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Does the £2500 match the amount on the statement they have sent you, which already includes the court fees?

 

I bet they claim them again on the N1 in addition to the principal sum.

 

Can you post a copy of the CCA? Who is the original creditor? Is it a card or loan? When was the original account opened?

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Hi Donkey B,

The statement amount matches the total N1 including court costs and solicitors.

 

This was a Debenhams credit card taken out in 1988. G.E.Money pursued it, then we got a notice of assignment from CL Finance in June 2008.

We have been making payments up until August this year when things got even tighter, and I discovered CAG.

 

Here are the CCA and Terms.

 

Debs CC agreement.pdf

 

I find it illegible, so I am challenging it on that basis.

 

What do you think?

 

Cheers,

Rocky

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Hi all,

Howard Cohen have now sent another copy of the CCA and Terms & conditions and a letter saying "We therefore advise you to file a reply to the county court claim form as you deem fit.". Well that's good advice isn't it.

 

I have just checked the CCA and T&Cs again on both copies sent to me, and on the signed page it refers to clause 5 (b) of the terms and conditions and guess what - there isn't a 5 (b) in the T&Cs they sent me and section 5 refers to something entirely different!

 

Also the company signature is not dated. Is this relevant?

 

Cheers,

Rocky

Rocky

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Hi Mines a pint,

Sorry, I missed your question.

 

GE Money did send a default notice. It was dated 23/02/08 (Saturday) and gave us until 08/03/08 (Saturday) to pay the arrears.

Does this comply with the requirements? As it was then sold to CL Finance is it any use to my case?

Did you cross check your CCA and T&Cs for the missing section 5 (b)? I think that the two documents sent to me do not match.

 

Cheers,

Rocky

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I'm reading Rocky's OH received a notice of assignment from CL Finanace June 2008, regular payments have been made to CL Finance up until August 2010, Cohen's have jumped in and in probility have stated or will state email/post "irregular payments" for September/October as cause for issuing the summons - if this is the case IMO the POC are false.

 

The Default Notice served pursuant S87 bla bla was from the original creditor, what was the date and outstanding balance on the account when the original DN was served? and then what was the outstanding balance as at August 2010?

 

Could you afford to resume payments at the pre September rate? if not, can you afford to offer anything?

 

Had an identical case with messors CL/cohen last year, person concerned made 2 reduced payments through unexpected hardship, prior notice had been sent to all creditors, cl finance demanded full payment, cohen issued claim - forwarded a reduced offer of payment December with I/E and paid it, cohen chanced it till 9 days before the hearing, threathened her the reduced payments from December would be used against her in court, when told to BRING IT ON they served NOD next day

 

Rocky has a payment history which can work against CL Finance if he notified them, cohens POC have omitted the history of paymenrts since June 2008 implying the account was assigned and that Rocky's OH hasn't paid a penny since the OC Default Notice was issued

 

Did GE Money serve a termination notice?

 

Stand by for one of cohens legendry "By consent" orders

Edited by consumeredge
Date error
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The signed agreement reads "APR for cash takes into account the handling charge as referred to in clause 5 (b) of the terms of agreement. The terms of agreement does not have a 5 (b) and clause 5 only talks about loss of cards. There is no reference on the terms supplied to cash handling charge. I think they are just terms they had handy as they have a different company address on to the signed document.

 

Is this therefore wrongly executed or unenforceable because they haven't supplied the correct terms?

 

I would be very grateful for all responses as I need to file defence by Friday.

Rocky

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I had a look at the agreement posted in post #6. It has all the prescribed terms (under "details of the account") and a signature. It is therefore properly executed and therefore enforceable.

 

Are there any late payment charges? If so, you should counterclaim for them, the interest levied on them and imterest on both either s69 interest or compound interest at their APR in restitution. You will find that interest from 1988 tots up quite nicely.

 

Have a look at my Goldfish thread.

 

 

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Hi Steven,

Thanks for your reply.

 

I had a look at the agreement posted in post #6. It has all the prescribed terms (under "details of the account") and a signature. It is therefore properly executed and therefore enforceable.

 

Doesn't the reference under details of the account to the non-existent clause 5 (b) in the terms of agreement mean that the account details are wrong?

 

Will check for late payment charges, thanks.

Rocky

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Doesn't the reference under details of the account to the non-existent clause 5 (b) in the terms of agreement mean that the account details are wrong?
Possibly, but not enough to make the agreement unenforceable.

 

 

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The DN is invalid

 

the change to 14 days notice took place October 2006, so this DN is well inside those requirements

 

The dates from 23/02 to 08/03/08 do not allow 14 CLEAR days (that is, the day after you received it to the day prior to the day on which they will take action)

 

Actual date should be 11/02/08 for action, and thats if you are being very generous with post times (via the legal interpretation of 1st class post - 2 working days it would be 13/02/08)

 

The issue regards the term 5 is also very relevant, this would of course show up their paperwork as inaccurate (at best!)

 

I also note their reference to assignment - you should be asking for a copy of the notice of assignment to show that they have full legal assignment that would allow legal action, without it they cannot bring a claim (and even with it, the DN stops them)

 

 

Dont know what others make of this, but I'd be inclined to apply for a strike out (particularly if you have the original DN that was sent to you?)

omnia praesumuntur legitime facta donec probetur in contrarium

 

 

Please note: I am not a member of the legal profession, all advice given is purely my opinion, if in doubt consult a professional

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Assignment via law of property act 1925 info

 

HERE

 

AND HERE

 

 

 

As said above, get a few comments on my statements above before you act, just so there is a general consensus of opinion in the best way to act

omnia praesumuntur legitime facta donec probetur in contrarium

 

 

Please note: I am not a member of the legal profession, all advice given is purely my opinion, if in doubt consult a professional

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The DN is invalid

 

the change to 14 days notice took place October 2006, so this DN is well inside those requirements

A recent court of appeal judgement has ruled that it is 14 days from the date of posting. So the DN is not invalid. Sorry. (2008 was a leap year).

 

I keep pointing out that recent judgements mean that you are extrmeley unlikely to succeed if all you have is technical breaches of the CCA 1974 and associated regulations.

 

The court will ask "did you borrow the money" and will find for the claimant if the answer is "yes" whatever the breaches (almost) of the CCA 1974.

 

 

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