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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).
Ah, now what do I do, I guess I can't apply for strike out now!!
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.
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.
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