hi there, is there anyone who may be able to advise me on where to go from here. listed below is the details of whats been received and what i have done with regards to the Claim. 20th October received a cc claim from Cohern/CL Finance. the claim was actually dated 20th July but I had moved, and the claim had old address crossed out with new address written, contacted the court straight away, who said i needed to respond by 4pm the following day, so i filled an embarrassed defense. 21st October wrote to cohern requesting further information, to date not received. 22nd October received letter from CC acknowledging defense. 17th November recieved letter from court transfering case to local court. 1st December wrote to Cohern again with CPR 31.14 request for all information that they are relying on in court. to date nothing recieved. 8th december received letter from CC - it is ordered that: unless the claimant files an AQ by 4pm on the 15th December his statement of case shall be automatically struck out on that date at that time. 16th December had letter from CC: it is ordered pursuant to CPR 3.3(4) that the claimant do file and serve a copy of the regulated agreement relied upon on or before 4pm on the 23rd December. 29th December sent another letter requesting the information. with 14 day deadline to respond.

you might find this interesting, found in the current terms and conditions from vanquis. section 8.10 says. 8.10 You should not make payments that put your Account into credit. If you do so, we will not pay any interest

ok 50 days notice on the statements but to hike it up by 9+% cant be right

only notice is on statement to say they putting it up...cant be legal

it started at 23.5% when they could see i was clearing every month they put limit up and the interest went up to 35%, still was managing then limit went up then interest upto 44% now on 54%. clever hey

Hi Boro My interest rate is 54% took the balance below limit in april next thing is charges and interest paying 60 pm making no difference to balance at all, this just keeps going up, depite not using the card. now sent then a CCA request. told them i will keep paying min payment until i get request through. account opened early 2006

vanquis received the request on 22nd, had phone calls asking me to clear the over limit balance, and they agree that they have received the request. time is ticking

cheers for the advice, I have had various phone calls from them, now telling me the debt has gone upto over 600 from 120. still told them what i can pay and they still not accepting it. also told them to put it in writting.

Just an Update the DCA for cap 1 have returned my request saying that it has been sent back to cap 1.

hi ski, from what i have read on various threads, if the a DN is settled then in order, default an account a fresh default notice would have to be issued, afterall the amounts owed from the first default would have changed.....hope that helps

or even this address Santander Cards UK Limited. Registered office: 2 Triton Square, Regent’s Place, London NW1 3AN

hi Ski i have just done a search for santander store card and came up with this info: Santander Cards UK Limited PO Box 700 Leeds LS99 2BD 0871 522 5588 hope that helps

Go DB, keep us updated on progress, wouldnt it be nice to have this firm suspended

hi Ski, yep sure did, claim received 20/10/09 was dated for 20/07/09, phoned court straight away and was advised to file a defense. with thanks from those who had dealings with these. i got one from here, then got assignment from cc, case transfered to local cc, DJ has sent them an ordered cohern to serve a copy of the regulated agreement by 4pm on 23/12/09 both to me and the cc. just waiting now

Hi SKi, i have sent all requests, just about to pop in the post a cpr 18 request, not even the cc have received anything from cohern. be interesting as their second court deadline is up.

it just gets better...how can coherns do something illegal and try and get away with it.

i am fighting cohern/cl at the moment, not had a response from any of my letters, good luck with yours

yep i will be going for the charges especially as it is the charges that put me over the limit, not to mention the high interest rate currently 54%. sent off CCA request this afternoon.

Well Done AJ, i am just about to go into battle with them myself.

Hi All i am waiting for a letter for our county court this week to say they are throwing the cl.cohern case out lack of evidence on their part. after reading various posts and threads, I have decided to take on 1)vanquis 2)aqua 3)cap1+dca 4)littlewoods all of these where taken out 04-06, have prepared CCA requests for each to send out tomorow, but before I do id there anything i will need to be aware off. many thanks on advance for the advice i will be donating to cag when i win each one. sure i will.

hi there, i dont know if this is any good but here is some info that might help, MABS - Consumer Credit - Credit Agreements

further more the default notice must be as detailed below. 88.—(1) The default notice must be in the prescribed form and specify— (a) the nature of the alleged breach; 52 (b) if the breach is capable of remedy, what action is required to remedy it and the date before which that action is to be taken; © if the breach is not capable of remedy, the sum (if any) required to be paid as compensation for the breach, and the date before which it is to be paid. (2) A date specified under subsection (1) must not be less than seven days after the date of service of the default notice, and the creditor or owner shall not take action such as is mentioned in section 87(1) before the date so specified or (if no requirement is made under subsection ( 1)) before those seven days have elapsed. (3) The default notice must not treat as a breach failure to comply with a provision of the agreement which becomes Operative only on breach of some other provision, but i£ the breach of that other provision is not duly remedied or compensation demanded under subsection (I) is not duly paid, or (where no requirement is made under subsection ~1)) if the seven days mentioned in subsection (2) have elapsed, the creditor or owner may treat the failure as a breach and section 87(1) shall not apply to it. (4) The default notice must contain information in the prescribed terms about the consequences of failure to comply with it. (5) A default notice making a requirement under subsection (1) may include a provision for the taking of action such as is mentioned in section 87(1) at any time after the restriction imposed by subsection (2) will cease, together with a statement that the provision will be ineffective if the breach is duly remedied or the compensation duly paid.

hi there this is what section 87 of the consumer credit act 74 says with regards to a default 87.—(1) Service of a notice on the debtor or hirer in accordance with section 88 (a " default notice ") is necessary before the creditor or owner can become entitled, by reason of any breach by the debtor or hirer of a regulated agreement,— (a) to terminate the agreement, or (b) to demand earlier payment of any sum, or © to recover possession of any goods or land, or (d) to treat any right conferred on the debtor or hirer by the agreement as terminated, restricted or deferred, or (e) to enforce any security. (2) Subsection (1) does not prevent the creditor from treating the right to draw upon any credit as restricted or deferred, and taking such steps as may be necessary to make the restriction or deferment effective. (3) The doing of an act by which a floating charge becomes fixed is not enforcement of a security. (4) Regulations may provide that subsection (1) is not to apply to agreements described by the regulations.

hi.. i dont know if i am in the right place here, i have a vanquis card at the moment which is strangling me, i pay so far around 55 a month, 54% interest but the balance just goes up. i took the card out in 2006 over the web, is there anything i can do legally to get ride of this...how do i find out if the agreement is valid... please help

hi there, i had a simular thing come through the post, i firstly went to the county court web site, http://www.moneyclaims.gov.uk, and filed a defence under the grounds that there where no perticulars of claim, i then wrote to cl finance solicitors cohern asking for all the information relating to the claim that they have submitted, this was 2 months ago and still waiting for a response, second letter sent and yes still no response. whilst waiting for a response, the case was transfered to my local court, i explained in the pack that they sent that i had no idea what the claim was for as i had no perticulars of claim disclosed to me, i have now received a letter from the court saying that they have written to the claimant and they have until 4pm on tuesday 15th dec to supply all the perticulars of claim or they will , void the claim. sudgest 1) file you defence-especially if you have no perticulars of claim detailed on the court papers. 2)write to cohern/cl finance asking for all details relating to the claim, there are template letters available in the forums.-send next day and keep all proofs of posting, special delivery actually gives proof of delivery with name and signature. 3)respond to all letters you get from the court. 4)if no response from cohern cl finance send a second letter with the first enclosed, by the way don't sign any letters. hope that helps...