CL Finance and Cohen

[Curlyben]

Re: CL Finance and Cohen

Now the main problem here is that the GE store card agreements tend to be kosher, ie enforceable.
BUT if Cohens/CL can't produce the required paperwork then they should NOT be taking this action anyway.

To take this action they not only need the agreement, but the assignment paperwork as well.
I assume this action is filed in CL's name and not GE's ?

[Paule]

Re: CL Finance and Cohen

For Info, I have 2 agreements being paid to CL Finance/Lewis from GE and when I CCA'd them, they came up with everything, signed agreements, Assignment notice, statements, the lot. It kind of surprised me that they actually had all the info.

Just dont presume that all DCAs have no info and treat them all the same, as some do and you may come unstuck if you take it for granted.

[novajj]

Re: CL Finance and Cohen

Hi All,
Just to confuse the issue even more, in the post today we recieved a letter from ge money solicitors about the claim we put in against them!! Saying that their prepared to knock off the charges but not refund the ppi as we had'nt given them enough evidence as to why they should. However we were real novices at this then, now l'velarnt quite a bit. Tomorrow l will sit down and deal with cohens and ge money, when l have time to mull it over and get every thing straight in my head.
Wish me luck!!X

[novajj]

Re: CL Finance and Cohen

Hi All,
Just a quick update on this one. We put in the AQ complete with a letter explaining we were already in talks about this account with another solicitor, the judge said that if the claimant didnt respond in 7 days that he was going to strike it out. The 7 days were up yesterday, so have dropped a letter into the local court for this request to be upheld.
So hooray!Now l have 2 more with cohens to deal with, they have'nt given me a chance to make an arrangment just court straight away, they're horrid.
Thanks to everyone who has helped me on this one. X

[Curlyben]

Re: CL Finance and Cohen

Oh dear serious abuse of process and ignoring the pre-action protocols yet again I see.

[novajj]

Re: CL Finance and Cohen

Hi Curlyben,
Pardon my ignorance but what is pre action protocols? Only l have 2 other things from cohens, l am disputing some of what they're asking because of charges added, considering it looks like they didnt have any paper work for the other claim do you think they're unlikely to have the paper work for these claims?l have a job keeping up with it all!!
Thanks novajj X

[Amy]

Re: CL Finance and Cohen

Pardon my ignorance but what is pre action protocols?

Pre-action protocols are the procedures that should be followed prior to taking action. For example, giving notice of 28 days.

Every opportunity should be given to settle the matter before taking up the time of the courts.

[StoneLaughter]

Re: CL Finance and Cohen

...and Cohens/CL Finance are well known for ignoring those protocols. They move in for the kill quickly, often don't even claim against the defendant at the right address, and then chase the defendant for the amount of the Judgement HARD. They are nasty, unpleasant characters and I really hope you win against them; it took me and Mahala 5 YEARS to beat them, but beat them we did.

[novajj]

Re: CL Finance and Cohen

Thanks for the replies, they are nasty barstewards! l've had no knowedge from them bar the court action, l really hope l win. On my OH's defence we made a point of saying that they had'nt made any contact before court papers, but l dont know if that had any bearing on it being struck out, surely the courts must get to know what companies are known for wasting court time ie cohens! l think they must just take pot luck into scaring people into paying.
novajj X

[Curlyben]

Re: CL Finance and Cohen

I would also advise filing a complaint with the Law Society over Cohens conduct in this matter.
Give them a call: LCS: Legal Complaints Service home

[novajj]

Re: CL Finance and Cohen

Thanks Curlyben, l think l'll do that,only l feel bombarded by them, its not that l dont want to pay my debts but circumstances change and they dont give anyone a chance to explain their situation or arrange any sort of payment plan. lm getting quite hardy to it allrealy, although some days l just feel like giving in and saying ok have it all as its so over whelming but it worries me about more vunerable people it could have defestating effects. X

[novajj]

Re: CL Finance and Cohen

Pre-action protocols are the procedures that should be followed prior to taking action. For example, giving notice of 28 days.

Every opportunity should be given to settle the matter before taking up the time of the courts.

Hi All,
lm just about to do my defence for cohens, whilst l dont dispute l owe some money but not all the charges etc. What is this 28 days notice? Would it be giving me 28 days BEFORE they take me to court as this they have'nt done so could l use this as part of my defence.
Thanks X

[Amy]

Re: CL Finance and Cohen

What is this 28 days notice? Would it be giving me 28 days BEFORE they take me to court as this they have'nt done so could l use this as part of my defence.
Thanks X

The 28 days is not set in stone, but under the Civil Procedure Rules they should have exhausted every avenue before filing a court claim.

[novajj]

Re: CL Finance and Cohen

The 28 days is not set in stone, but under the Civil Procedure Rules they should have exhausted every avenue before filing a court claim.

Thanks Amy,
Could l say that in my defence? Or do l need good solid reasons, but it is true there was no warning, just court.

[Amy]

Re: CL Finance and Cohen

Thanks Amy,
Could l say that in my defence? Or do l need good solid reasons, but it is true there was no warning, just court.

Yes, of course you can and you should.