Help claim form received from CL Finance *** WON ***

[Abigail7]

I have received a caim form from CL Finance Limited and Howard Cohen & Co solicitors for an old debt from First Direct. This was a loan they provided to cover an overdraft I had with them. I never actually signed any loan agreement. I fell behind with the payments about two years ago and they have sold the debt onto CL Finance.

 

The particulars don't mention this was a loan merely " being monies due to the Claimiant under an overdrawn bank account originated with HSBC and assigned to the Claimaint on 15th December 2008, notice of which has been given to the Defendant. The account was maintained without sufficient funds to meet withdrawals made by the defendant"

 

Is there anything I can do or do I just have to offer some sort of payment and accrue a CCJ- Any adice would be greatly appreciated

[linz2011]

Hi Abigail

 

Have a look here

 

http://www.consumeractiongroup.co.uk/forum/dca-legal-successes/121414-court-date-12th-december.html

 

I took these on and won - everything you need is here just adapt accordingly

Good luck if you need anything further just let me know

[Abigail7]

Thanks Linz2011

 

I have submitted my Acknowledgement online stating I am going to defend and have submitted a CCA Request to First Direct as well as a letter to the solicitors. Fingers Crossed X

[PGH7447]

What did you send Howard Cohen was it the cpr?

 

and did you get a default notice from either clueless or the OC, and a notice of assignment from clueless and the OC

[Abigail7]

No I can't remember getting any Default Notice or Notice of assignment. I sent my CCA Request to First Direct and the cpr letter to the solicitors.

[42man]

I think this CPR here should be used.....

 

May I ask how much the amount is ? (don't be too specific with the actual amount though)....

 

In the XXXX County Court

Claimant -v- (YOUR NAME)

Claim Number: (CLAIM NUMBER)

 

 

Dear XXX

 

CPR 18 - REQUEST FOR INFORMATION

 

I have received a recent court claim from your organisation. In order to file a defence and counter claim I require some information. 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 within fourteen days of the receipt of this letter. 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. 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.

 

1.1 If copies of any of the above documents are to be relied on in court rather than originals, a copy of the Notice of proposal to adduce hearsay evidence required under s2(1) of the Civil Evidence Act 1995 together with proof of the authenticity of the document(s) as required under s8(1)(b) of the Act, including but not limited to:

 

(a) a copy of the procedure(s) used for copying, storing and retrieving documents

(b) a copy of the relevant log entry showing the time and date of the scan or copy, the name of the member of staff making the copy, the method used for copying, storage and retrieval and time and date of destruction of the original document(s)

© copies of internal and external audit reports covering the entire period from the date of the copy to the present to demonstrate that the procedures have been complied with

(d) copies of Quality Assurance accreditation certificates covering the entire period from the date of the copy to the present to demonstrate that the procedure(s) and audit process(es) comply with the appropriate quality standards

 

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

 

a. Transcriptions of all telephone conversations recorded and any notes made in relation to telephone conversations by your company, or by any previous creditor

b. 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 *********.(AMEND TO THE COMPANY NAME)

c. .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).

d. 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.

e. 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.

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

g. 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.

h. Copies of statements for the entire duration of the credit agreement.

 

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

 

I will require this information within the next fourteen 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.

 

Yours sincerely,

 

XXXX (type, don't sign).

[42man]

You need to send the CPR letter, recorded delivery asap....

[Abigail7]

Thanks will send amended letter to them. Any help would be greatly appreciated as I am struggling to understand it all. The amount claimed is approx £1,500.00

[42man]

Abigail just keep a close eye on the timescales.....don't miss the deadline for the defence......How much of this is penalty charges ? Did they roll up the loan and the overdraft into 1 ? Have you ever had an OD at this amount before ? if not i'd simply be denying i'd ever had an overdraft of this size before !!! Give a shout out if you need any help, but do spend some time reading around these forums....

[Abigail7]

I filed my Acknowledgement on line and it did ask if I contested jurisdiction and I ticked yes so hopefully it should be transferred to my local County Court.

 

This was an overdraft I had possibly made up of some charges but I don't think many - I had £1,000.00 overdraft I think and then they rolled it into a loan and closed the account. I don't know how its come to be £1,500.00 now - must be some sort of interest. I never signed any loan agreement it was all done over the telephone. I do appreciate any help I can get off you lovely people - dont want a CCJ!

[AndyOrch]

I filed my Acknowledgement on line and it did ask if I contested jurisdiction and I ticked yes so hopefully it should be transferred to my local County Court.

 

Abigail go back into the screen on MCOL and see if you can amend the above you only tick the above if you wish to change the jurisdiction ie England Scotland Wales Ireland.The claim will be transfered to your local county court on the submission of your defence and the claimants acknowledgemnet of said defence and the issue of an AQ (allocation Questionair) if the matter gets that far.

 

Regards

 

Andy;)

[Abigail7]

Hi Tried to amend the Acknowledgement but it wouldnt let me. I now have 28 from 11th May to file my defence i.e next week. I only sent my letters off last Wednesday/Thursday for CCA request. Shall I just wait until last minute and file my defence then? Anyone know what I should be putting?

[Abigail7]

Have received a confusing letter from Howard Cohen & Co today stating

 

"As this matter is now subject to a County Court Judgment we are not obliged to provide this information and would advise that the particulars of claim as detailed in the county court claim form were sufficient to allow you to respond accordingly. However as you failed to respond to the claim form. the county court judgment was entered against you in default"

 

I have been online and it doesnt state the Judgment was entered and I have started to file my defence. It stated that the claim form was dated 11th May but I filed my acknowledgement indicating I was going to defend. I am confused now about what to do.

 

Should I just file the defence online and what should I be putting- any help please

Edited June 4, 2009 by Abigail7
spelling

[Abigail7]

Have filed my Defence online. Below is what I put

 

The Defendant denies that she is liable to the Claimant as alleged in the Particulars of Claim or at all.

It is averred that the Claimant having failed to serve a Notice of Assignment on the Defendant as required by section 136(1) of the Law of Property Act 1925, does not possess any legal right to issue a claim demanding monies allegedly owed. Under the aforementioned Act, the absence of a Notice of Assignment precludes the claimant from instigating these proceedings and continuing with the same.

The Defendant puts the Claimant to strict proof that a Notice of Assignment was received, as averred in the Particulars of Claim. Accordingly, the Defendant does not know the case it has to meet and the Particulars of Claim neither disclose any cause of action with any reasonable prospect of success and/or are an abuse of the process of this Court and, in compliance with the Civil Procedure Rules can and should be struck out pursuant to part 3.4 of the same. Furthermore, the Defendant contends that the Claimant’s conduct in issuing the claim is vexatious and amounts to unlawful harassment pursuant to section 40 of the Administration of Justice Act 1970.

In respect of that which is denied, a request was made under section 78-79 (since I have no knowledge of the type of agreement) of the Consumer Credit Act 1974, to obtain a copy of a credit agreement that the alleged debt refers to. It was sent by recorded delivery on 28th May 2009 to the Claimant’s Solicitors, with the statutory £1.00 fee enclosed.

The Claimant has twelve working days from receipt of the request, to provide said document, which is stipulated in Regulation 2 of The Consumer Credit (Prescribed Periods for Giving Information) Regulations 1983. In response to the request, no letter has been received. Accordingly, having failed to produce a credit agreement within the requisite timescale or at all, the Claimants are in default of said request under section 78-79 of the Consumer Credit Act 1974.

The Defendant denies that there has been any failure to make payment in accordance with the alleged contract. The Claimant has failed to produced a copy of a properly executed credit agreement and in the absence of such an agreement, which conforms to sections 60 and 61 of the Consumer Credit Act 1974, the Defendant avers that no agreement has ever existed for there to have been any failure to make said payment.

Further, in respect of that which is denied, it is averred that during the period in which any alleged account was operating the claimant, or the original creditor, debited numerous charges to the Account in respect of purported breaches of contract on the part of the Claimant and also charged interest on the charges once applied. The defendant understands that the claimant contends that the charges were debited in accordance with the terms of the contract between itself and the Claimant or original creditor.

The defendant contends that:

a) The charges debited to the Account are punitive in nature; are not a genuine pre-estimate of cost incurred by the claimant; exceed any alleged actual loss to the claimant in respect of any breaches of contract on the part of the defendant; and are not intended to represent or related to any alleged actual loss, but instead unduly enrich the Claimant which exercises the contractual term in respect of such charges with a view to profit.

b) The contractual provision that permits the Claimant to levy such charges is unenforceable by virtue of the Unfair Terms in Consumer Contracts Regulations (1999) and the common law.

Accordingly the Defendant puts the Claimant to strict proof that every charge and collection charge made to the account was valid and lawful.

The Defendant puts the claimant to strict proof that any default notice sent to me was valid. I note that to be valid, a default notice needs to be accurate in terms of both the scope and nature of breach.

The Defendant has asked for disclosure of documents related to this defence, including statements from the period of the agreement, a copy of the executed agreement, and a break down of all charges made to the account for the duration of the agreement.

This request has not yet been acknowledged by the claimant, neither has the claimant sent such documents. Therefore, I respectfully ask the permission of the court to amend this defence as and when such information is provided.

The defendant has asked the Claimant for disclosure of documents. Specifically, statements for the duration of the alleged agreement, a copy of an executed agreement, and a breakdown of all charges levied to the alleged account. By failing to furnish said documentation, the Claimant is denying the Defendant the opportunity to file a properly particularised Defence.

 

The Defendant will seek the permission of the Court to amend the Defence when the Claimant provides the information requested.

The Defendant puts the Claimant to strict proof that any Notice of Assignment sent to me was legally valid. To be valid, a Notice of Assignment must be accurate in respect of the amount stipulated.

It is denied that any Default Notice was received from the claimant, and the claimant is put to strict proof that any default notice sent complied with section 88(1) of the Consumer Credit Act 1974, as to form and content, and has therefore been registered with Credit Reference Agencies unlawfully.

The Claimants are not entitled to claim interest, as they have not established a legal right to issue a claim or proven that any debt exists. It is the Defendant’s position that the Claimant’s claim is entirely unmeritorious and should be struck out for the aforementioned reasons

I have asked for disclosure of documents related to this defence, including statements from the period of the agreement, a copy of the executed agreement, and a break down of all charges made to the account for the duration of the agreement.

This request has not yet been acknowledged by the claimant, neither has the claimant sent such documents. Therefore, I respectfully ask the permission of the court to amend this defence as and when such information is provided

Hope I have done the right thing.

[42man]

It looks good abigail....but I urge you to report Cohens to the SRA as soon as possible READ THIS - http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/191951-copes-solicitors-have-they.html

 

Just have a look through these too...

 

http://www.consumeractiongroup.co.uk/forum/legal-issues/156156-help-mum-being-taken.html#post1665130

 

http://www.consumeractiongroup.co.uk/forum/dca-legal-successes/126111-cl-finance-ltd-recieved-4.html#post1350484

 

http://www.consumeractiongroup.co.uk/forum/general-debt-issues/121774-lloyds-tsb-credit-card-5.html#post1461198

 

http://www.consumeractiongroup.co.uk/forum/legal-issues/157973-welcome-fianance-court-case-4.html#post1704890

 

http://www.consumeractiongroup.co.uk/forum/legal-issues/167353-help-court-claim-howard-2.html

 

http://www.consumeractiongroup.co.uk/forum/legal-issues/161469-1st-credit-animal-2.html

[BeauBrummie]

Hi 42man,

 

Sorry Abigail7,

 

Could you please have a look at this thread and possibly get it moved to the correct forum and give your thoughts.

 

http://www.consumeractiongroup.co.uk/forum/dca-legal-successes/202887-h-cohen-cl-finance.html

 

Thanks

 

Beau

[I've got no money]

Have received a confusing letter from Howard Cohen & Co today stating

 

"As this matter is now subject to a County Court Judgment we are not obliged to provide this information and would advise that the particulars of claim as detailed in the county court claim form were sufficient to allow you to respond accordingly. However as you failed to respond to the claim form. the county court judgment was entered against you in default"

 

I have been online and it doesnt state the Judgment was entered and I have started to file my defence. It stated that the claim form was dated 11th May but I filed my acknowledgement indicating I was going to defend. I am confused now about what to do.

 

Should I just file the defence online and what should I be putting- any help please

 

I'd also write to the other side and tell them that a defence has been filed and that you await their reply to your request for further particulars of the claim. Tell them that if they don't answer your request within 7 days that you will apply to the Court for an Order that they respond in full, you also need to tell them that if you are forced to apply for an order that you'll also apply for costs

[42man]

Another here Abigail - http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/182623-please-help-i-have-2.html

[AndyOrch]

Hi Abigail

 

The above defence is fine, as long as you refute the Claimants P.O.C that is all the defence is intended to achieve and halt the process of Summary Judgement.

Ignore Cohens letter that is a smoke screen intended to confuse you, proceed as you are.

The next stage is now you have submitted you defence the Claimant as 28 days to respond to said defence failure will lead to the claim being stayed for whatever period they let it.They have to pay a fee to revive said claim after that period.

If they do respond then you will be issued with an AQ (Allocation Questionair) this transferes the case to your local County Court and also gives you another chance to force by way of directions that they furnish all documentation pertaining to their claim.

You are doing well Abigail so far so sit back now and relax and wait to see what transpires.

 

Regards

 

Andy;)

[Viscount Stair]

Another "administrative error"?

[I've got no money]

Another "administrative error"?

 

My thoughts exactly...

[Abigail7]

Many thanks everyone for your advice and support - I really appreciate it. It just so happened I received a letter from the County Court yesterday stating my defence has been lodged and sent to the other side (what liars the solicitors are telling me they had Judgment!). I also received a letter from First Direct stating they would send me all the information I have requested within the next 10 days. Interested to see what they send me as I never signed any loan form or remember receiving any default notice. I feel a bit more in control now thanks to you guys.

[Abigail7]

Well this just gets better and better!

 

Came home from work to another "threatening" letter from Howard Cohen & Co Solicitors sttaing they require payment IN FULL failing which they shall seek Judgment against me!

 

I have already been told by the Court that they have my defence and are forwarding it on to them. Bullying tactics I think. I shall of course produce these letters to the Court if I get to that stage.

[Abigail7]

Hi just to update you all I now have a Court date of Friday 13th November eeek hope this is not an omen and will be unlucky for me. Have not recived anything from Frist Direct or Cohens with any further information. What do I do when I go to Court - what do I say I have no idea of what I am doing! The near it gets the more scared I am. Any advice would be appreciated.

[Abigail7]

Any help please anyone - time is ticking on and I want to get this right. What do I say when I am at Court?