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CL Finance/Howard Cohens, HELP!

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  • Re: CL Finance/Howard Cohens, HELP!

    Ah, bit of a problem. I get home today with a wad of info from HC in support of their claim. Dated 19th Jan (out of time).

    Witness statement

    2. On 27 Oct 05 the defendant entering into a regulated credit agreement with GE Capital Bank Limited for the provision of a Edge Credit Card, account number XXXX (different to that of the Credit Agreement). A copy of the original agreement and terms and conditions is exhibited and marked.

    3. On 27th May 2009 GE Capital Bank LTD changed their name to Santander Cards UK LTD. There is now exhibeted a copy of certificate of change of name.

    4. By a deed of assignment dated 9 Sept 09 (actually called Notice Of Assignment), Santander cards assigned the account absolutely to CL Finance LTD, notice of such assignment being sent to the defendant on 11th Sept 09. A copy of the said notice of assignment is exhibeted.

    5.The defendant states in his defence that the particulars of claim are vague and that they do not disclose any cause of action, and that no documents supporting the claim have been offered. I can confirm that on 4 Nov 09 in reply to a request for information under the CCA 1974 a copy of the credit agreement was issued by CL Finance LTD. This is exhibeted.

    6. It is my contention that the defence does not plead any ground to defend the claim, in that it does not dispute that the debt has been incurred.

    7. I therefore respectfully submit that the defendant is liable to CL finance for the sum of £371.23 claimed in these proceedings and request that there be a judgment in favour of CL finance LTD in that sum, together with the sum of £80 being costs incurred upon the issue of the claim in this action, together with a hearing fee of £50 together with any other sum that the court deems just.
    Ah, now what do I do, I guess I can't apply for strike out now!!

    Comment


    • Re: CL Finance/Howard Cohens, HELP!

      Well we know point 4 is cobblers as I bet this is simply the letter Cohens sent you.
      The NoA MUST come from Santander via RECORDED mail, as per s196 law of property 1925

      Comment


      • Re: CL Finance/Howard Cohens, HELP!

        Yes point 4 was from HC and not Satander.

        Can I write to them with an offer of full £250 by paying over 3 months because of their failures in process I am not prepared to full amount.
        ------------------------------- merged -------------------------------
        I guess I am just worrying about it and don't need to.

        I am just abit in shock that they have complied as it doesn't seem normal for them. They mention that I haven't put this in my defence so can't plead on it though.
        ------------------------------- merged -------------------------------
        Also I have just realised, they aren't out of time because the judge said any witness statements must be in 7 days before hearing!
        ------------------------------- merged -------------------------------
        2. On 27 Oct 05 the defendant entering into a regulated credit agreement with GE Capital Bank Limited for the provision of a Edge Credit Card, account number XXXX (different to that of the Credit Agreement). A copy of the original agreement and terms and conditions is exhibited and marked.
        This is different to the number on the credit agreement, does this matter also?

        4. By a deed of assignment dated 9 Sept 09 (actually called Notice Of Assignment), Santander cards assigned the account absolutely to CL Finance LTD, notice of such assignment being sent to the defendant on 11th Sept 09. A copy of the said notice of assignment is exhibeted.
        If the judge overlooks this and says it was served accordingly, what can I respond with?

        6. It is my contention that the defence does not plead any ground to defend the claim, in that it does not dispute that the debt has been incurred.
        Is this a problem?
        Last edited by orfoster; 20th January 2010, 18:06:PM. Reason: Automerged Doublepost

        Comment


        • Re: CL Finance/Howard Cohens, HELP!

          Have you or can you scan up the agreement ?
          2. that will cause them a problem indeed. After all it appears they are claiming for the wrong account. Also who are Edge ??

          4 the judge can't simply "overlook" incorrect service. The fact that Cohens say it's been assigned does mean it actually has.

          6. any amendements can be made with a witness statement

          Comment


          • Re: CL Finance/Howard Cohens, HELP!

            The agreement is the same as they have previously sent me and is here Legal Beagles - View Single Post - CL Finance/Howard Cohens, HELP!

            Any questions just let me know, its because I lost my card that the account number was changed.

            Edge was the company I took out the agreement with then it went to GE Money then Santander and now CL lol.
            ------------------------------- merged -------------------------------
            If there are any bits that you cant see clearly tell me which page and which corner and I will try and rescan and enhance.
            Last edited by orfoster; 20th January 2010, 18:48:PM. Reason: Automerged Doublepost

            Comment


            • Re: CL Finance/Howard Cohens, HELP!

              Hi CB,

              have you seen the agreement just yet? I think its an Ok agreement but not 100%.

              Comment


              • Re: CL Finance/Howard Cohens, HELP!

                Yep it's kosher.
                So plan of attack is assignment, which is for toffee.
                Need to adjust your WS for this as well, although as it's already been filed it's a bit of a waste of time, TBH.

                No matter it covers everything we need anyway.

                Comment


                • Re: CL Finance/Howard Cohens, HELP!

                  What am i missing in my WS? Is it much or should I attempt anyway?

                  Comment


                  • Re: CL Finance/Howard Cohens, HELP!

                    Well the whole section about the agreement is now really a moot point as they have complied, but no matter.
                    After all you drafted that before they supplied any information at all.

                    No worries there really.
                    The big stick is the whole assignment as they have screwed that up completely

                    Comment


                    • Re: CL Finance/Howard Cohens, HELP!

                      Right ok,

                      Well I will wait and see. Looks like we will be going to court then and i bet they turn up knowing my luck!

                      Comment


                      • Re: CL Finance/Howard Cohens, HELP!

                        I bet £1 they don't, the most they'll do is send a local agent along..

                        Comment


                        • Re: CL Finance/Howard Cohens, HELP!

                          A local agent?

                          I am quite far away (about 5 hours) from their offices so maybe.

                          Well I figure they aren't going to discontinue now because of their documents and the fact that they have had to pay in a few to the courts so was expecting to see them.

                          Comment


                          • Re: CL Finance/Howard Cohens, HELP!

                            Claim is now settled, I received a call from Cohens offering me a much lower settlement figure.

                            I have paid, noted the reference numbers.

                            I called the court to notify them of the settlement but the court have said I need to write to them notifying them of settlement but the notice needs to come to the claimants.

                            I propose on sending

                            Dear Sirs,

                            I am writing in relation to the listed hearing on Thursday 28th Jan.

                            I can confirm now that the claim has now been settled directly with the claimants therefore I won’t be attending the hearing.

                            Comment


                            • Re: CL Finance/Howard Cohens, HELP!

                              Originally posted by Curlyben View Post
                              Well we know point 4 is cobblers as I bet this is simply the letter Cohens sent you.
                              The NoA MUST come from Santander via RECORDED mail, as per s196 law of property 1925
                              Not according to my judge!! So forget that argument.

                              Comment


                              • Re: CL Finance/Howard Cohens, HELP!

                                Hi,

                                What happened in your case? What did the judge say?

                                Comment

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