CL Finance/Howard Cohens, HELP!

[Curlyben]

Re: CL Finance/Howard Cohens, HELP!

Unless/until Cohen's comply, as they have brought this action, what you receive from Santander doesn't really matter.
Although, at a quick glance, this does appear to be good.

[orfoster]

Re: CL Finance/Howard Cohens, HELP!

Oh dear! Although I have no issues in paying them as I was.

I see that we are arguing the way they have brought this action not whether it is enforceable etc.

So will I get a CCJ?

[Curlyben]

Re: CL Finance/Howard Cohens, HELP!

Remember this is only part of Cohens action. The most important part has yet to be complied with, namely the assignment. Without which they have NO legal rights to bring this acyion in the first place.

All is not lost and a CCJ is still a long way off..

[orfoster]

Re: CL Finance/Howard Cohens, HELP!

Ok thanks.

I will be sending a letter to the courts tomorrow as above to inform them of non-compliance. I had the letter today saying they received my defence.

I just feel that I may loose although I see it is on other grounds.

[Curlyben]

Re: CL Finance/Howard Cohens, HELP!

Don't lose faith as there's more hoops for Cohens to jump through before we get to court..
We will make this extremely difficult for them

[orfoster]

Re: CL Finance/Howard Cohens, HELP!

Ok I have realised that Santander haven't actually sent me full system notes including calls history etc in relation to my account.

Also if they passed my account to Viking Services (DCA) do they have to supply all information they held as well? It seems like they are the same company but different department?

I notice that the credit agreement isn't signed by any representative of Santander, does this matter?
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Also CCA request was signed for on the 9th, that gives them till 27th to respond.

[orfoster]

Re: CL Finance/Howard Cohens, HELP!

Hi all,

CL haven't replied to my CCA request and they are now in default.

Do I continue to pay them my "token" amount as I am already doing through PayPlan?

Do I do anything further or wait to hear from the courts as I haven't heard anything yet. I sent the letter off to the court to let them know about the failure to comply with both requests.

Cheers.

[orfoster]

Re: CL Finance/Howard Cohens, HELP!

AH.....they have sent me my agreement now. They are out of time from my CCA request but sent it, they also sent the notice of assignment but didn't send the other bit required because they didn't feel it was needed.

Oh dear, so now they have complied......what next?

[orfoster]

Re: CL Finance/Howard Cohens, HELP!

bump

[Curlyben]

Re: CL Finance/Howard Cohens, HELP!

So does the agreement have the required terms, quite possibly, although the assignment is invalid as it should come from the Original Creditor, normally as a goodbye letter, on their headed paper.

So avenue of attack is the assignment and their non-compliance with pre-action.

Remind me, where are we at with this one ?

Same action, have a read through on what to expect: court claim from howard and cohen - Page 2 - Legal Beagles

[orfoster]

Re: CL Finance/Howard Cohens, HELP!

Ok I will have a read.

They haven't supplied the default notice, the agreement is the same as provided by santander thats attached to a post above. Although they responded out of the required CCA time.

Also yes the assignment is from Howard Cohen, nothing from Santander.

Have submitted the holding defence but apart from this haven't heard anything back yet.
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I submitted my defence on the 8th October, apart from a response to my CCA request I haven't had anything else back yet, do they need to indicate how they want to proceed within 33 days?

[Curlyben]

Re: CL Finance/Howard Cohens, HELP!

If they do choose to proceed you will be notified by the court.
Best to wait and see what happens next.

[orfoster]

Re: CL Finance/Howard Cohens, HELP!

Hi CB,

I have had a notification from the court that they are proceeding and that the claim has been transferred to the local court near me.

They have attached an allocation questionnaire?

[Curlyben]

Re: CL Finance/Howard Cohens, HELP!

No probs.

Have they responded to your CPR request ?

Is the token payment still being made via payplan ?
and if so to whom ??

[orfoster]

Re: CL Finance/Howard Cohens, HELP!

Morning,

They responded to the CPR request with the standard "no its under £5,000" so they didn't need to supply further information.

They responded to the CCA request, they have supplied the agreement & I think the notice of assignment but even that I think doesn't comply.

They haven't given me;
3 the default notice*

4 the termination notice*
5 statements for the duration of the agreement*

That was the info in my CPR request.

Yes still making my £4pm payplan payment. They are receiving it because they have sent me 2 statements for the last 2 months but to my knowledge payplan are sending the money to the same account i.e Santander.