brassiclint - v - CLFinance

[Kafka]

Re: brassiclint - v - CLFinance

Amethyst,
Just worth mentioning a recent visit for a FREE credit report from Equifax shows the debt with CL Finance records a Defalt Notice as dated 8th September 2008 yet their date of DN provided is dated 23 April 2006:rolleyes2:

Is Credit report information 'rock solid' and 'de facto'... if so more proof as to the DN beig more suspect. My Credit report records nothing recorded in the history or note against the Debenhams store card via GE Capital Bank for April 2006. In fact nothing at all of real worth noting until difficulties in 2008.

Very conflicting data:rolleyes2:...should it all tally with up with the credit report?

brass

If I read this correctly you have a copy of the Default Notice dated 23/4/2008 but how did you get this? The default registered was dated 8/9/2008.

How do the values of the default amounts compare? Its impossible to comment properly without all of the details

[Amethyst]

Re: brassiclint - v - CLFinance

Right then, first of all call the court this morning and check the status of your claim - ie has the court struck out the old defence and accepted the new one (unlikely but have seen it happen before) then get in your set aside application - your second defence needs to have the Assignment parts (not from original creditor) and Default notice dates part adding on, then your N244 application to set aside the strike out and allow your new defence to be entered. I know you have read dizzyblondes thread on CAG so hopefully that will help a lot.

Reasons - your ill health (if you have evidence such as doctors notes etc you can mention it) and that you have a reasonable chance of success defending the case ( you can probably use attaching the letter submitted with the original second defence to show you tried originally to get it in) also attach your amended Defence to the N244. There will be a fee too unless you are exempt.

It does seem they jumped on it quickly, I know some parts of the country are running a pilot whereby if things are delayed they automatically strike / give judgment etc. Gets them a few more pennies in.


Also on the N244 - put with a hearing, then you'll have a better opportuinty to put forward your case for defending the claim from cohens.

[brassiclint]

Re: brassiclint - v - CLFinance

Thanks,
Just one thing....If hypothetically a DN were found would it be prudent to include as evidence the DN they issued is a hoax?

Thanks Brassic

[Amethyst]

Re: brassiclint - v - CLFinance

If you find the original DN then yes it shows that they lied (as perdidzzybondes) but on the other side it shows that you DID receive a DN so that arguments gone. IF you know what I mean. Its like arguing there is no CCA but providing your copy of the original. If you read some of the test case stuff from Manchester the Judge is quite heavy on 'frivolous' defences where its not actually being denied the CCA existed just that the non compliance of the bank to produce their copy makes the debt unenforceable.

[brassiclint]

Re: brassiclint - v - CLFinance

If genuinely the documents were unavailable but had become available - hypothetically speaking - would this be acceptable. the claim is neither admitted or denied and has been since the beginning....
------------------------------- merged -------------------------------
Will mail my N244 to you if you would take an independant look over it please :o)

Thanks

[Amethyst]

Re: brassiclint - v - CLFinance

lol hypothetically if you have the original DN then I would expect you should submit it to the court, without it you cant show the DN has been 'invented' and the dates are incorrect on it, but with it your argument that no DN was issued is ummm flawed.

However the Assignment issues should be enough as legally Cohens do not own the debt and cannot take action in their own right.


(and yep no probs will check email in a bit)

[brassiclint]

Re: brassiclint - v - CLFinance

Sorry me being thick....I dont understand.....
You say '...your second defence needs to have the Assignment parts (not from original creditor) and Default notice dates part adding on....'

Can you explain please to a luddite!!??
------------------------------- merged -------------------------------
You are assuming that I have already requested and the claim has been set aside or after the claim is set aside?

[Amethyst]

Re: brassiclint - v - CLFinance

sorry, with your application to set aside the strike out you want to include your new POC (as you did before with the letter when you entered it a day late) and ask fo amend that as well.

Kind of like......

an application to ......
a) Set Aside the order of XX/XX/XX
b) Amend defence to take into account documentation provided by Claimant as per order dated XXXXX

because ....
The amended defence as ordered by the court was submitted 1 day after the deadline because (details of illness) and I believe the amended defence has a reasonable prospect of success.

Evidence attached in Part C
(the amended defence (as you entered before but you can add in the assignment part which you left out)
(doctors note etc)
(copy of original letter submitted with amended defence)


Does that make more sense (sorry having a tough day)

[Amethyst]

Re: brassiclint - v - CLFinance

ahh have your email now - so will shush a sec and have a look

[Amethyst]

Re: brassiclint - v - CLFinance

hmmmmmm lol.

Okay, I don't think I'd be so heavy with the falsehood stuff on the application to set aside as thats really your defence to the claim as opposed to your 'defence' to the strike out.

The strike out was on the basis of not submitting the amendments in time and your original defence (which I believe was a simple embarrased/lack of docs defence) not having a prospect of success.

So the defence (set aside) to the strike is the reasons for submitting late and that you believe you have a reasonable prospect of success with the ordered amended defence.

(Tell you what tho, if the bank was a day late I doubt they'd have been struck out quite so quickly)

[brassiclint]

Re: brassiclint - v - CLFinance

Thanks for follow up...appreciated. I too was having a busy one, you know those situations that are unpredictable....oh well.

Submitted a slightly ammended document, perhaps not as expertly as you suggested. I will have to wait and see where that gets me. I did include all documents referred to and the defence previously struck out. Do you have any clue how long I should wait before I ask for an upate or will action now be swift?
....and so to bed

Thanks Brassiclint

[Amethyst]

Re: brassiclint - v - CLFinance

I'm sure it was absolutely fine . If you havent heard anything in 14 days I'd give them a buzz.

Will you keep us updated please too.

[brassiclint]

Re: brassiclint - v - CLFinance

Thanks Amethyst,
Yes, sure thing... will do.

Thanks to you and everyone for their support and advice.

Oh... and a Happy New Year as this is my fist post of 2010.... :o)

[brassiclint]

Re: brassiclint - v - CLFinance

Submitted ammended defence....sorry didnt update:embarassed:

The ammended defence was allowed and a hearing date advised.

Do I need to submit whole defence (with amendments) and serve to court + claimant.... I have time?

Thanks all

[brassiclint]

Re: brassiclint - v - CLFinance

bump?