CL Finance/Howard Cohens, HELP!

[orfoster]

Re: CL Finance/Howard Cohens, HELP!

CB,

are you there? I think i've gotta get this all off tomorrow. Can you have a look?

I couldn't do without you all! lol

[Curlyben]

Re: CL Finance/Howard Cohens, HELP!

Looks good
AT #11 I would add that is was CPR 31.14.

You might want to put an additional note to the judge saying that you had a payment arrangement with the OC via Payplan and that this action came completely out of the blue.

You also need to reference the letters you received from Cohens concerning this action.

NAd yes you could include the n265, but as the court has already requested the ORIGINAL documents I don't think it's needed.

The fact they have screwed the assignment alone is enough for the judge to strike the claim out as showing no grounds.
Remember the notice of assignment MUST come from the OC via registered (recorded) delivery and NOTHING else will do.
As per LoP s136 and s196.
The Deed is meaningless as I know Cohens like to invent these documents..

[orfoster]

Re: CL Finance/Howard Cohens, HELP!

Ok will do.

So its ok that I am submitting this as a witness statement and not a defence? Will it make any difference?

[Curlyben]

Re: CL Finance/Howard Cohens, HELP!

A WS is more of a narrative to the claim rather than simple denying the claimants action.

[orfoster]

Re: CL Finance/Howard Cohens, HELP!

Right ok I see. I just wondered if there was a benefit of doing a defence and a witness statement but I see what your saying.

I will be finalising this all tomorrow and sending special delivery to Cohens before the deadline and taking a copy into the court.

They are obviously supposed to send me some documents also, is this something they "forget" to do? If they don't can I apply for strike out?

[Curlyben]

Re: CL Finance/Howard Cohens, HELP!

Defence has already gone in and been accepted.

Don;t expect Cohens to comply with this order, as they tend not to..

[orfoster]

Re: CL Finance/Howard Cohens, HELP!

Ok, so I couldnt' submit another defence if I wanted to.

Im just using good old works photocopier and putting info together now and will send SD to Cohens and hand deliver (snow permitting South West) to the court.

[Curlyben]

Re: CL Finance/Howard Cohens, HELP!

You could, but not really needed.
What you are doing with the WS is adding to the defence you have already entered.

[orfoster]

Re: CL Finance/Howard Cohens, HELP!

You might want to put an additional note to the judge saying that you had a payment arrangement with the OC via Payplan and that this action came completely out of the blue.

How do I put a note to the judge, is there a set format I do this? Add it to the conclusion in my WS or just a covering letter?

[Curlyben]

Re: CL Finance/Howard Cohens, HELP!

covering letter will do the trick..

After all you are a LiP

Oh yeah don't forget your costs in all of this as well.
You can charge £9.25 per hour for your time in research, etc..

[orfoster]

Re: CL Finance/Howard Cohens, HELP!

Note to judge

In the XX County Court

CL Finance - Claimant

-

Me - Defendant

Dear Sir,

I write in relation to the above claim.

Before the court proceedings commenced I had an arrangement with the original creditor which to my understanding was working well, payments were being sent and were being received, I used a debt management company called Payplan. This court action came very much out of the blue.

Anything I need to add??

[Curlyben]

Re: CL Finance/Howard Cohens, HELP!

Add some information about Cohens abuse of process.
The fact they filed a claim with absolutely no warning what so ever and they have been obstructive and unreasonable.
Also you had no idea that the OC was even considering "selling" your debt in this manner, in fact you are totally unsure if CL even have the rights to make this claim at all.

[orfoster]

Re: CL Finance/Howard Cohens, HELP!

With regards to indexing my documents, do I need to reference these in the witness statement or just refer to them in court?

[Curlyben]

Re: CL Finance/Howard Cohens, HELP!

Best to refer to them in the WS..

Make things as easy as possible with cross refs etc..

After all yours wont be the only case the judge will be hearing and he'll be put off f things are difficult to follow.

[orfoster]

Re: CL Finance/Howard Cohens, HELP!

In the XX County Court

CL Finance - Claimant

-

Me - Defendant

Dear Sir,

I write in relation to the above claim.

Before the court proceedings commenced I had an arrangement with the original creditor which to my understanding was working well, payments were being sent and were being received, I used a debt management company called Payplan. This court action came very much out of the blue.

I believe the claimant acted wrongfully by bringing this claim on me without any notice what so ever and have been obstructive and unreasonable throughout the court process.

I had no idea that the orignial creditor namely Santander Cards were even considering selling this debt, in fact I am unsure if CL Finance have the right to bring action against me at all.

Hows that?