CL Finance taking me to court over loan (ex-HSBC) which has PPI- how to defend?

[Guest]

Re: CL Finance taking me to court over loan (ex-HSBC) which has PPI- how to defend?

HI

I do not agree that the PPI should be a sideline, i believe all payment made on the PPI would be due stat interest and may go a good way to repaying the amount due, i would PM Turbo and get a figure so that you can include the disputed amount in you defense, if it were me.

It looks to me that you have a good case for mis-selling i see nothing in the contract that shows it was optional.

D

[miliitant]

Re: CL Finance taking me to court over loan (ex-HSBC) which has PPI- how to defend?

i agree you will need to take into account amount and total amount of credit
apr, etc

but we need the agreement, statement of means/price etc first before we can mount any defence on the ppi misselling

[Guest]

Re: CL Finance taking me to court over loan (ex-HSBC) which has PPI- how to defend?

I thought the agreement was in post 1?

D

[Guest]

Re: CL Finance taking me to court over loan (ex-HSBC) which has PPI- how to defend?

Oops beg your parden i think i was getting my posts mixed up

[mystery1]

Re: CL Finance taking me to court over loan (ex-HSBC) which has PPI- how to defend?

Further update.Cohen have faxed & e-mail me the letter agreeing to the extension & I have posted (next day delivery) it today to CCBC Northampton.

I am now waiting for them to reply to my CPR31.14 request. In the mean time, as I am defending the whole claim where shall I start about looking/reading about PPI? I only know a little bit about PPI- from media etc.. & I do feel a bit nervous about defending the whole claim bcoz like I said in earlier post as I don't know how much is the original loan in that amount they claimed, its very difficult to do a part defence.

1. They will not give you an adequate response to your 31.14 request. (it was/is correct to send it though)

2. Do you feel like you could represent yourself in court ? Do you have the time and dedication to ?


There is an alternative available if you can't do it yourself but you need some funds to get representation.

M1

[zhanzhibar]

Re: CL Finance taking me to court over loan (ex-HSBC) which has PPI- how to defend?

Hi all, still nothing so far from Cohen. How should I start a defense then?

1. They will not give you an adequate response to your 31.14 request. (it was/is correct to send it though)

They will not? If they don't then I will have more to defend on the claim right?

2. Do you feel like you could represent yourself in court ? Do you have the time and dedication to ?

I have represented myself three times before, all 3 about unenforceable agreement (not loan with PPI). I won one can't remember who with but I lost with Debenham Store Card (even though somebody else with same issue won her case elsewhere) and lost again with Amex (online card & they have no copy of agreement with my signature) & who I now have a charging order to the house with. With Amex, in the end I had to get a barrister as I have lost the will to fight their ruthless tactic but still lost! Since then I just paid what I can afford with the rest of our debts until OH decided he wants out even though he is the one who has been doing most of the spending and I am the fool who has let him and now bearing all these burden as it was only my name on th debts!

I can re-read what I have on unenforceability but to defend based on the angle of PPI, I would need a lot of help as I don't know much about PPIs. Also how can I relate the illegal PPI with unenforceability of the agreement. Is there such thing?

There is an alternative available if you can't do it yourself but you need some funds to get representation.

I have no funds available to me left. When I was at my wits end with Amex, I had to borrow money from family to get representation. So now I have to do it myself.

[miliitant]

Re: CL Finance taking me to court over loan (ex-HSBC) which has PPI- how to defend?

has it been confirmed yet when the 28 day extension ends, what is the final day for the defence to be inn

please phone the court to confirm

if cohen has not complied with your CPR 31.14 request despite the 28 day extension

WE GO FOR A STRIKE OUT

[mystery1]

Re: CL Finance taking me to court over loan (ex-HSBC) which has PPI- how to defend?

If you don't get the docs you don't enter a defence unless the court orders you to, the point of the 31.14 is to get the information you need to enter a defence.

You might get part of your request fulfilled but i doubt it and yes it's good for you but you need to use the court to compel them to disclose. This will require a hearing and the application has a fee of £80 unless you qualify for remission of fees. A hearing in person is desired for this in case you get a duffer of a judge that needs case law thrust down their throat to get what you need. It has happened that the no hearing option has had a perverse reaction and it still ****es me off.

For this next stage you need to be right on top of things. You need to take swift action on the day after disclosure.

When is the last day for disclosure? ( 7 days after service of the request ?) The next day is going to require action.

M1

[miliitant]

Re: CL Finance taking me to court over loan (ex-HSBC) which has PPI- how to defend?

thanks for dropping inn mystery1

the cpr 31.14 was sent on the 4 july so the 7 day expiry would have been friday 13 july

i am thinking along the lines of a draft order of directions and an unless order via an N244 application

do you agree

my own concern about a hearing is an LIP might end up with egg on their face, do you not think an application without a hearing would be better, ideal if you cannot afford representation

but i agree on the judge lottery

[mystery1]

Re: CL Finance taking me to court over loan (ex-HSBC) which has PPI- how to defend?

I agree that is the way forward but if your date of posting is correct then i think that Thursday was d-day as it was posted special iirc.

If time is up it depends on how long until the end of time for filing the defence. If there is plenty of time then giving them an extra 4/5 days, in writing, makes you look more reasonable in court.

M1

[miliitant]

Re: CL Finance taking me to court over loan (ex-HSBC) which has PPI- how to defend?

hopefully the op will now phone the court and confirm the final day the defence needs to be inn by

seems cohen is playing for time again

true to form

[zhanzhibar]

Re: CL Finance taking me to court over loan (ex-HSBC) which has PPI- how to defend?

Hi All, I just check the post office tracker which confirmed that my CPR31.14 request was delivered on th 5th July. So is it 7 days from 5th July? I have called the court as well as sending the letter from Cohen agreeing that the account is on hold till 31st July.


I am very wary of judges. This is because of the Amex judgement that according to my (legal-aid) barrister was biased & there is a ground for appeal. As I have nothing to lose so I borrowed from family & friends to pay for the transcript from the day of hearing to put as evidence for ground of appeal. This was in February. The judge till this day still has not approved the transcript and now that I have charging order made against me my barrister said it is highly unlikely that I will get an appeal. & Still no transcript being approved but which has costed me money. I asked my barrister whether this is the usual conduct/practise by the court & he said that such a delay is not the usual practice of the courts & that I can raise a complaint with the Judicial Conduct Board and ask to be compensated for the wasted costs of the transcript. He also said that he is not sure what kind of response I would get as this is the first time he has ever known a Judge cause such delay in the approval of a transcript. I guess its a lottery as who you got on the day.

Anyway back to main issue regarding CL finance, as the defence need to be in by 31st July but so far no news from Cohen, do I give them a couple more days? What's should I do now?

[mystery1]

Re: CL Finance taking me to court over loan (ex-HSBC) which has PPI- how to defend?

I'm confused, You had until 11th July and agreed an extension of 28 days and now only have until 31st ?

Ok, they are already late for the 31.14 request.

If we work on the premise that 31st is correct then you really don't have time to give them an extra few days.

You should make an application to the court to compel disclosure or the claim is struck out.

Please read the guide attached and use the unless order on it but make sure you opt FOR a hearing. You need to do this as a priority.


legal issues-compilation.pdf

M1

[zhanzhibar]

Re: CL Finance taking me to court over loan (ex-HSBC) which has PPI- how to defend?

I think the reason they gave me till 31st July is because I rang them on the 5th July and hence they just add 28 days even though at the same time they said I have till the 11th to respond. I didn't realise then that it should be 28 days as per usual and then another 28 days but as that is what they agreed, i might as well abide by it.

Haven't seen no doc at all from Cohen, I guess the next step is the "unless order". Is it the N244 form that I need to use and is it possible to just download the form from the website?

[mystery1]

Re: CL Finance taking me to court over loan (ex-HSBC) which has PPI- how to defend?

http://hmctscourtfinder.justice.gov....s/n244-eng.pdf

Yes & yes.

Once the application is made and you have confirmed the court have got it, DO NOT ENTER A DEFENCE unless the court order you to.

Remember also that you need to ask for a hearing as doing it without a hearing carries a risk of a duff judge where as at a hearing you shove binding case law down the judges throat and give them little choice.

M1