Me vs Howard Cohen acting for CL Finance

[rhig123]

Hi All,

 

I received a notice of assignment and claim form a couple of weeks ago, the notice was dated 25th April and the issue date on the claim form is the 29th. I have sent the CPR request for information and a CCA request. Today I received their replies one saying they are not obliged to provide the information, and the claim form particulars should be enough, the other stating they have requested a copy of the agreement and statements.

 

On Friday I acknowledged the claim and have until the 30th to submit a defence, I am thinking of sending the complaint under the consumer credit act I saw on another post (link below) regarding the fact that Howard Cohen & CL gave me next to no time to settle this, going to court on Tuesday 29th after sending the notice of assignment on the Friday.

 

http://www.consumeractiongroup.co.uk/forum/legal-issues/121414-court-date-12th-december.html#post1019815

 

They left a few messages on my voicemail before receiving my requests for information, which were just someone saying “Richard to call” and their phone number and the persons name without reference to the company on who’s behalf they were calling, the number was 0870 and there was no indication that the caller was from anyone who had any business calling me.

 

Below I have posted a brief history of my account over the last few months I presume this is pretty irrelevant to my current claim as the debt has been passed on.

 

I do not recall receiving the default notice mentioned on the claim form either.

 

Any help would be greatly appreciated; I am expecting my primary defence to be the fact that I received the notice of assignment at the same time as the claim form and had received no prior contact from CL or Howard Cohen. Should this be sufficient? I presume if I receive nothing my defence should consist of the fact that they have not adhered to the CPR in regards to providing the necessary documents or attempting to settle this out of court.

 

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A bit of history on the account - late last year I sent in my claim for charges, once the account was in dispute I refused to make payment until the dispute was resolved. I asked them to stop calling me, they told me they would not until the arrears had been cleared.

 

GE passed the account to Viking who demanded payment threatening potential court action, bankruptcy home collection visit etc.

 

I had informed GE Capital several times that I was not prepared to make payment as the account was in dispute giving them the information relating to the claim which they claimed they could not verify with their solicitors.

 

The dispute was resolved by a consent order on 11th April (the terms are confidential) and I presumed everything would be back to normal, expecting a statement from GE I did not contact them to make payment. I did not receive any contact from GE over the two weeks, just the notice of assignment from CL

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Thanks,

 

Richard

[popeye1]

How was the consent order made ,was it with a court

[linz2011]

Hi Richard

 

Firstly, the best thing you can do is see the court claim through to the end then take it up with the relevant authorities - i am confident you can do this - trust me i have taken them on three times and won - good luck any advice you need let me know i will help you every step of the way