CL Finance/Howard Cohens, HELP!

[orfoster]

Re: CL Finance/Howard Cohens, HELP!

I've just had a letter from the solicitors offering to reduce the payment from £438.03 to £328.52.

They have left the offer open for 14 days.

I will write back and offer them £200 to settle. Do you think thats a good idea?

[Curlyben]

Re: CL Finance/Howard Cohens, HELP!

That's your call completely.

[orfoster]

Re: CL Finance/Howard Cohens, HELP!

Evening everyone,

I am sending this letter in response to their offer "without prejudice".

Without Prejudice

Dear Sirs,
Thank you for your letter dated XX November 2009
I understand you want to come to a settlement.
I am prepared to make an offer for a full and final settlement amount of £200.
Due to my current financial circumstances I am unable to make a higher offer.
To settle this matter promptly I look forward to hearing from you soon.
Yours Faithfully

I also know I have to submit my allocation questionnaire soon, although I have to find it tomorrow as I had it yesterday and cannot find it today, if not I will have to check with the court which form it was and then I will get it from the website.

Also CL have sent me some documents in resposne to my CCA request;
Credit Agreement
Notice of Assignment
They say they don't have to provide the deed of assignment as this is a substantial complex document containing confidential information and as such the request is disproportionate to the amount owed. They can confirm that the NOA is sufficent for the purposes. (No default notices)

I want to send this back;

Thank you for your letter dated XXth November 2009 and the enclosed documents.
I requested a copy of the Deed Of Assignment as required under section 196 of the Law of Property Act 1925, however you have failed to provide this document as required under the aforementioned act and did not supply this as required to do so once the debt had been transferred.
Your notice of assignment does not fulfil this request and this document was infact sent from Howard Cohen and not the original creditor namely Santander Cards.
You have also attached a statement showing the state of account, this document isn’t dated, I also note that my surname is spelt incorrectly and that I have never received this document nor any default notice. There has been a payment arrangement in place for a number of months, this payment arrangement is still ongoing yet you have continued in your actions.

I don't know what else to put in. Am I missing anything else?

Thanks
------------------------------- merged -------------------------------
Also do I want to use the courts mediation service? I guess not....?

[Curlyben]

Re: CL Finance/Howard Cohens, HELP!

Well
DON'T send this without P as it might well be needed in court, but to be honest I don't think it will.

So they have sent an NoA, but I assume this is ONLY from CL and not the OC.
The NoA from CL is meaningless anyway as to comply with s136 LoP it MUST come from the OC via registered mail as per s196 of the same.
Without the assignment they are completely burgered and cannot pursue this claim at all.
The fact that the agreement broadly complies is meaningless in this case.

In any case there must be both default and termination notices to comply with CCA BEFORE they can bring any action of this type.

Dig out your AQ and I'll sort out some "further information" as well as draft directions for it.

[orfoster]

Re: CL Finance/Howard Cohens, HELP!

Ok thanks for that,

I will look for the AQ tonight and hopefully find it.

The debt is only £350 so it must just be N150? For small claims?

I would pay for the £200 but doubt they will accept it.

If they loose the case, do I still owe the debt?

[Curlyben]

Re: CL Finance/Howard Cohens, HELP!

Technically the debt is owing, BUT legally, as they have messed uo the procedure, it's done.

[orfoster]

Re: CL Finance/Howard Cohens, HELP!

I see. So after they loose they shouldn't chase me for it, I don't mind paying what I owe but they have cheesed me off now.

If I can't find AQ can I ask the court although the only thing I need to know is the correct form as its all the same really.

[orfoster]

Re: CL Finance/Howard Cohens, HELP!

Hi CB.

I've got my allocation questionnaire now. Its due in on the 26th November so i've gotta get moving on it today. Its an N149.

Can you help me with what further info and directions I can put with it?

Thanks

[Curlyben]

Re: CL Finance/Howard Cohens, HELP!

Here you go, amended slightly from normal

Is this what you're looking for Ben ...................??

IN THE XXXXXXX COUNTY COURT CLAIM NO: xxxxxxxx
BETWEEN:

XXXXXXXXXXXXXXXXX
Claimant
- and-
YOU
Defendant

PROPOSED DIRECTIONS ON ALLOCATION

1. The claim be allocated to the Small Claims Track.

2. The claim thereafter be stayed until [DATE] while the parties try to settle it by mediation or other means. The parties to notify the Court in writing at the end of that period whether settlement has or has not been reached, and to submit a draft consent order of any settlement.

3. The Claimant do file and serve by 4pm on [DATE] a fully pleaded Particulars of Claim setting out the full circumstances and how it is calculated, and exhibiting:

a) the original agreement between [CLAIMANT] and the Defendant.
b) a copy of the referenced Default Notice
c) a copy of the Termination notice
d) copy of the Notice of assignment from **Creditor** complying with s136 of Law of Property 1925
e) Proof that s196 of law of Property was complied with.
c) copies of statements relating to the account showing when the Defendant last made a payment under the agreement being sued upon.

4. If the Claimant fails to comply with this order, the claim will be struck out without further order.

5. The Defendant do file and serve and amended defence within 14 days of service of the documents referred to in paragraph 3 hereof.

6. If the Defendant fails to comply with this order, the Defence will be struck out without further order.

[orfoster]

Re: CL Finance/Howard Cohens, HELP!

Thanks.

So in other informaton should i put "proposed directions attached"?

I will try and get this in today, if they don't submit their questionnaire what should happen?
------------------------------- merged -------------------------------

3. The Claimant do file and serve by 4pm on [DATE] a fully pleaded Particulars of Claim setting out the full circumstances and how it is calculated, and exhibiting:

I am thinking to have this 4th Jan to allow for xmas for the stay but do I put the same date for the above?

[Curlyben]

Re: CL Finance/Howard Cohens, HELP!

You've got the idea, but might make it a little longer due to Xmas hols..

[orfoster]

Re: CL Finance/Howard Cohens, HELP!

Hi all,

AQ has been submitted, we now have a court date end of Jan.

We are in negotiations to settle the claim.

It seems the court hasn't taken into account my skeleton argument that was submitted with the AQ.

How can I put off the court date? Is it possible to apply for a stay? Do I need to use a specific form?

Thanks

[orfoster]

Re: CL Finance/Howard Cohens, HELP!

**bump**

[Kafka]

Re: CL Finance/Howard Cohens, HELP!

What's happening with the negotiations?

[orfoster]

Re: CL Finance/Howard Cohens, HELP!

Well I sent them a letter offering £150 and asking for them to request a hold on proceedings and that the payment would be made on the 22nd of Jan but not before because I don't have any spare cash so am awaiting a response.