Howard Cohen/CL Finance Court Hearing - Help Please

[debbbbsy]

For a start I think the police were wrong not to give you a crime number, your wifes identity has been stolen and she has been forced to pay for a storecard she did not apply for. I think a revisit to the police with a copy of the claim form and demand a crime reference number.

 

Did you send HC a CPR 31.14 request.

 

If you have not done a CPR request, than you could do this tomorrow and submit an Embarrassed/Holding defence based on what you have already stated, but attach a copy of the CPR and your intention to submit a full and particularised defence once the claimant has complied with your CPR request. They have 7 days to comply.

 

Another part of your request could be to find out if this Storecard had been upgraded to a credit card.

 

Debbie

[debbbbsy]

And furthermore the police were correct - the victim of the fraud is not your wife but CL Finance who are the ones out of pocket.

 

But CL are not out of pocket if payments were being made and if they gain judgment on the debt.

 

But I do agree, you should have sent a copy of the passport, what you do is draw a line through the signature, this would prevent them scanning and reusing it. But as you already had the storecard agreement with a signature on it, they could not have recreated another agreement with her signature.

 

The application also has to have other personal details, date of birth and address at the time. Were these correct.

 

Debbie

[debbbbsy]

If the storecard was opened in 1995, CL must have been assigned the account in 2006.

 

Thats a period of 11 years that this card was being used. For the credit balance to increase to £9k, whoever was using this card was also making the payments. You need to request the statements for this period. To what address they were being sent and who was making these payments.

 

Do you know if the storecard was upgraded to a credit card ? This is important.

 

Debbie

[debbbbsy]

Take a look at the storecard application, at the top is the card reference number, if the card reference number on the claim is different to this one, than at some time the card was upgraded.

 

Also check that the interest rate on the application is the same as the one quoted on the POC.

 

And finally, are HC referring in the POC to any specific clause. If so, check that this tallies with the application you have.

 

The Terms and Conditions, and interest rate of a storecard and credit card are different.

 

Debbie

[debbbbsy]

Were you able to use the account outside of Debenhams when it was transferred to First Personal or GE Bank ?

 

hi 42man,

 

part of the problem sabr44 is having is that someone they shared a house with back in 1995 opened the account using his wifes name. The signature on the application is not hers, but the person had her address & DOB. The first she knew of it was when CL contacted her in 2007, confused and bullied she made payments of £1. The initial hearing before the judge did not go well, the courts seem to feel that because she made payments she has in effect accepted responsibility.

 

The case has been adjourned for now.

 

CL have so far only provided the Storecard application and statements for the period that she was paying.

 

Debbie x

[debbbbsy]

Then it has not been upgraded to a credit card.

 

You need to get hold of the statements for this card, they have to provide them to support the the amount being claimed, this will reveal to what address the statements were being sent and how payments were being made. The statements will show exactly which Debenhams store the card was being used.

 

Also GE would have had to issue a default notice before selling the account to CL. You want a copy of this, and to what address it was sent.

 

Also, for CL to legally own the account you should have recieved a Notice of Assignment. Again you want a copy of this and proof of service.

 

If the address on these are different to your address, it will strengthen your case.

 

 

A CPR 31.14 should be used to get these. They will have 7 days to comply.

 

Debbie