court claim from howard and cohen

[cjo]

Good morning all, I am hoping someone could help me,

On the 25 Aug i recieved a county court claim form howard and cohen, the particulars of the claim are,

"The Claimants claim is for the sum of 8660.32 being monies due from the defendant to the claimant under a regulated credit agreement made in writing under reference xxxxxxxxxxxxxxxxxxxxxx


The defendant has failed to make payment in accordance with the terms of 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 8660.32


I took the unsecuered loan out in june 2004 , then i went away for 4 months with work, on returning the direct debit had not been paid due to a mistake on the form. I have since been chasing this loan around from one company to another with the RBS not any help with who they passed it on to. Now i have recieved this letter. i have made one or two payments of £50 to a compamy called lewis as they were upsetting my wife with threating phonecalls and we just wanted a weekend withoiut 40 calls a day from them. I have asked lewis to please prove they have the loan but got nothing off them but threats. I hope someone can help.

[Curlyben]

Re: court claim from howard and cohen

First things first can you post up the complete POC as stated.
Then you need to fire off a CPR 31.14 letter requesting all the information that the POC references.
More details here: DCA: Using CPR 31.14 to Your Advantage - Consumer Wiki

[enaid]

Re: court claim from howard and cohen

Hello cjo and welcome to Beagles, please have a read of this info HERE it may make things a little clearer for you.
Someone who can help more than I can with your problem will be along soon.
Enaid x

[enaid]

Re: court claim from howard and cohen

There you go, no sooner said than done x

[cjo]

Re: court claim from howard and cohen

Thanks already,
The POC are posted in my first post, thanks again

[cjo]

Re: court claim from howard and cohen

Curlyben, first thankyou for taking an interest, secondly this kind of stuff is not my line of work, so already i am struggling, who would i send this letter cb31.14 too, and all the POC are down ,there is nothing else in the POC box.

[Curlyben]

Re: court claim from howard and cohen

As ever a woefully vague POC from Cohen's.
I assume they are acting for either Lewis of CL Financial in this matter..

The CPR 31.14 letter goes to the solicitors in the action, in this case Cohens.

To be honest as Cohen's POC shows NO cause of action, ie it sucks wind, I would ask for ppoints 1-4 on the previously linked letter.

I would change this line~:

I confirm having returned my acknowledgement of service to the court in which I indicate my intention to contest all of your claim.

to

I confirm my intention to return my acknowledgement of service to the court in which I will indicate my intention to contest all of your claim.

Now the other thing is the dates.

Date of service is what ?
Acknowledgement of Service (AoS) is within 14 days of service.
Defence is a further 14 days after AoS, so 28 days after service.

[cjo]

Re: court claim from howard and cohen

date of issue date is 24 aug 2009, so am i right in thinking the AoS is two days after this,
------------------------------- merged -------------------------------
and yes lewis

[Curlyben]

Re: court claim from howard and cohen

So date of issue - 24/08
Now you are allowed a few days (2) for delivery etc and service is deemed after 5 days, but to keep things easy go with 26/08 for date of service.
Therefore
AoS by 9/09
and defence by 23/09.

Excellent, so they'd better have all the correct paperwork as they aren't the original creditor in this action

Don't Panic we have seen alot of activity from Cohen's as they tend to bulk issue claims through N'hampton..

[cjo]

Re: court claim from howard and cohen

I have sent the letter to howard and cohen and also been online to confirm i have acknowledgment of service, thanks for the help so far. Will let you know when i have had a response.

[Curlyben]

Re: court claim from howard and cohen

You didn't really need to AoS as yet, no matter.
Now we wait for their response..

[cjo]

Re: court claim from howard and cohen

Should i be doing anything now Curlyben, i have had nothing off these people

[Curlyben]

Re: court claim from howard and cohen

Sounds about right from Cohens.

Anyway, when the time comes you'll need this:

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

[cjo]

Re: court claim from howard and cohen

When should i do this curlyben as i am not sure

[Amethyst]

Re: court claim from howard and cohen

'' defence by 23/09.'' you need to get that in to the court before then, I'd do it a couple days before.

Thats if you havent had any response to your request for information If they do respond then post up here and we'll help you.