Court claim from CL / Cohens

[beachy]

Just received a court claim from Cohens (CL Finance/ Debenhams Store card Upgraded to Credit card in 2006).

Claim form sent to previous address (moved three years ago).

POC

The claimants claim is for the sum of £*,*** being monies due for the Defendant to the claimant under aregulated credit agreement made in writing under ref:****************

The defgendant has failed to make payment in accordance with 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 £*,***
--------------------------------------------------------------------------------------------------

The OC has not issued a Default Notice or Termination Notice & the DN refered to in the POC is CL's own.

Can Cohens persue this claim as no 'original creditor' DN issued?

Account already in dispute with OC over charges & PPI.

[beachy]

Re: Court claim from CL / Cohens

Acknowledgement of claim made - Defend in full

CPR 31:14 reply from HC included was :-

Signed 'original store card agreement' - different account number to that stated of claim form.

T&C's relating to a Store Card agreement

Letter claiming CL owns the debt 'Absolutely'

CL own Default Notice

* GE Money/Santander DID NOT/HAVE NOT issued a Default Notice or Termination Notice

[Amethyst]

Re: Court claim from CL / Cohens

Have a read of Zhanzhibars Debenhams thread which might aid you decide which route to take with this claim against you and whether to defend or sort out repayment plans, if you do not dispute the debt and are looking purely at technicalities, Another court case - hearing on the 24th August..HELP! - Page 6 - Legal Beagles Consumer Forum

Ahh you have already seen - this your Cag thread? GE Money/Debenhams to CL bit more detail on there so will have a read through if so.

[beachy]

Re: Court claim from CL / Cohens

Have a read of Zhanzhibars Debenhams thread which might aid you decide which route to take with this claim against you and whether to defend or sort out repayment plans, if you do not dispute the debt and are looking purely at technicalities, Another court case - hearing on the 24th August..HELP! - Page 6 - Legal Beagles Consumer Forum

Ahh you have already seen - this your Cag thread? GE Money/Debenhams to CL bit more detail on there so will have a read through if so.

Thanks Amethyst,

Did join LB but lost my log in details & changed email address so had to 'rejoin'

Arguement with the claim is that its in dispute with Santander over charges & mis sold ppi (claim is for £4,000 ish but reclaim of ppi & charges amount to just under £7,000, FOS isnt interested & the FSA have told us that our only course of redress is through the courts.

The other matter is that GE/Santander didnt serve a DN or TN so we feel Santander should not have sold the account to CL.

[Amethyst]

Re: Court claim from CL / Cohens

how much is the PPI element and what are the reasons you believe it was missold ? Have you complained via the FOS and they turned your case down ?

Yes indeed defend that element in this claim, the charges as well. I think that is more likely to aheive the outcome you want than the dn argument - although the dn argument will back the others up as an added bonus.

(and if you want your original ID back pm me and I can reset your password)

[beachy]

Re: Court claim from CL / Cohens

how much is the PPI element and what are the reasons you believe it was missold ? Have you complained via the FOS and they turned your case down ?

Yes indeed defend that element in this claim, the charges as well. I think that is more likely to aheive the outcome you want than the dn argument - although the dn argument will back the others up as an added bonus.

(and if you want your original ID back pm me and I can reset your password)

Thanks Amethyst,

PPI was part of the application, it was added automatically. Nothing was mentioned by the shop assistant.

The FOS wont touch it because the agreement was made 1989 way before GE were regulated, also that of the Insurers - Genworth.