CL Finance and Cohen

[novajj]

Re: CL Finance and Cohen

Hi Everyone, hope you're all well today.
I need to do my defence/s for cohens, l have 2 to do so l can use the same defence for both as it'll be the same reasons.
Basically l want to say that they didnt give me any time to settle this, l had no time to rquest a cca, l feel its just a waste of court time and an abuse of their position. Could l put it as basic as that in the defence as l cant get my head around the law lingo!! l ned to be able to understand what l've written. l admit to owing part of the debt minus the late charges.
Thanks NovaX

[Curlyben]

Re: CL Finance and Cohen

Even easier than that

Could you post the POCs up so I can do the needed.

[novajj]

Re: CL Finance and Cohen

Thanks CB,
lm rubbish at computer things! how do l post POC to you will l need a child for this?!
------------------------------- merged -------------------------------
Until such time as a child appearsl can tell you what it says.

The claimant's claim is for the sum of .....being monies due from the defendant to the claimant under a regulated credit agreement between the defendant and ge capital bank ltd under ref no ...and assigned to the claiment on 25th feb 2009 notice of which has been given to the defendant.

The defendant has failed to make payment in accordance with the terms and a default notice has been served upon the defendant pursant to section87(!)of the consumer credit act 1974.

Pursant to clause 7 of the agreement the claiment also claims contracual interest at a rate of 16.620%per annum from the date of these proceedings to the date of judgement, or sooner payment accruing at a daily rate of 0.21


Phew!!! (It doesnt say that by the way!!!)

Thanks novajj X

[Curlyben]

Re: CL Finance and Cohen

*Rubs Hands*

Excellent a completely pants POC as per normal.

Well in that case the defence is short and sweet, a new one for Northampton claims of this type.

Defence
1.The claimants particulars of claim are vague and fail to disclose any cause of action, they appear to be an abuse of the process in that they fail to deal with the basic rules of pleading in accordance with the CPR.


2.Even making allowance for the Northampton Bulk Regime the claim fails to disclose sufficient information as required by the CPR, there is no reference to any account number, no date of alleged agreement, no date of alleged default or details of any default notice served in accordance with s87 (1) Consumer Credit Act 1974, the claim is missing vital information.

3. Without admission that any cause of action is shown by the Claimant it is denied that the Claimant has a claim whether as pleaded or at all.

4. No documents supporting the claims in the particulars have been offered which the defendant needs to establish what agreement it is that this action is based upon

5. Without clarification of the claimants claim, the defendant is extremely disadvantaged and the claimant’s claim appears without merit

6.Further to above the defendant is unable to plead effectively or at all. The defendant is embarrassed.

So here's the plan:

1. file basic defence (above)
2. write to the court pointing out the failure of the claimant to comply with their CPR 31.14 obligations
3. write to the other side and tell them what you have done

[novajj]

Re: CL Finance and Cohen

Thanks Curlyben,
You're an absolute star, the reference no. that they've quoted is my account no. with ge money, does that make a diifference.
l cant thank you enough for your help. X

[Curlyben]

Re: CL Finance and Cohen

Is that the card number or simply their own reference ?

Also the mention assignment, did you ever have notice of this from BOTH the OC and DCA ?

[novajj]

Re: CL Finance and Cohen

Hi Curlyben,
The ref no.is the card number, and the notice of assignment lm sure l only got this from ge money, the first l heard from cohens was the court thingy, in fact the assignment was 25 feb and court papers issued on 3rd march so no time to tell me about any assignment.
Also, l did the aknowledge of claim and put that l intend to admit part of the claim.did l jump the gun here, as l say l want to pay what l owe less charges.

Thanks x

[Curlyben]

Re: CL Finance and Cohen

No probs.
Simply remove the part about account number, but the rest is valid.

This is typical Cohen/CL action with riding rough shod over pre-action protocols and simply filing in court as soon as the ink was dry.
This can be mentioned in the letter to court as a clear abuse of process, as normal.
I'll knock one up for you later, unless you'd like to have a go

Ps once action of this type is filed then all moral arguments are out of the window and it's a legal issue, so we rip them apart..

We all want to do the "right thing" but with DCA this aggressive, we MUST fight fire with fire..

[novajj]

Re: CL Finance and Cohen

Thanks Curlyben, you're up early on a sunday!! l can have a go if you like, it'll give me some practise!!
I'll pinch what you'e done already and add a bit and post it for your perusule!(is that how you spell it)
I'll be back later X

[Curlyben]

Re: CL Finance and Cohen

Nova, that's young kids for you

Go for it and post it.
So you're informing the court of Cohen's non-compliance with CPR 31.14 ( PART 31 - DISCLOSURE AND INSPECTION OF DOCUMENTS ) as well as their abuse of Pre-Action protocols ( PRACTICE DIRECTION PROTOCOLS ).
Basically NOT giving any warning of this action in this normal manner.
As well as being in breach of the Over Riding Objectives ( PART 1 - OVERRIDING OBJECTIVE )

There's some stuff for you to have a read of

[novajj]

Re: CL Finance and Cohen

Goodness, gracious me, they dont seem to have adehered to anything on there! Surely they must get a ticking off from the courts. The last one l did for my OH from cohens, l pointed out to the court that his case should'nt have even been in court as he was in talks with the OC. This case was struck out.

When l have a bit more time l may/will complain about them.

[Curlyben]

Re: CL Finance and Cohen

That's exactly what I was going to suggest next.
File a complaint with the Law Society via LCS over the clear abuse of process.
LCS: Legal Complaints Service home

Give them a call and explain the situation.
While nothing obvious may happen the more complaints that are filed the better.

[novajj]

Re: CL Finance and Cohen

Defence as follows.

The claimant has failed to follow basic court protocol. This debt was assigned to the claimant on 25th February 2009 and the issue date of this claim to myself (the defendant) is 3rd March 2009 thus being 6 days later where no amicable settlement could be acheived.
Whilst l agree that l owe the amount of ??? l strongly dispute???? which is for excessive charges.These charges are completely disporpotionate to the actual cost to the company.
l could have come to an agreement for monies owed, had l been given the chance.


Curlyben,
How does that sound? lt does seem rather amateurish compared with yours!!

[Curlyben]

Re: CL Finance and Cohen

LOL, err the defence is above.
What we need is a letter to court

[novajj]

Re: CL Finance and Cohen

Oh Dear! see what you're dealing with!!!

Ok, so that can be the letter to the court then.

Re the defence does it matter that l've admitted to part of the claim.

Thank you so much for helping me, it is appreciated. l know l must be hard work!!