CL Finance Ltd/ Howard Cohens

[Dizzy]

HiPlease could someone help me. Having received a County Court Claim from Howard Cohens solicitors dated 14 Sept I replied sending a CPR 31 request. They responded today stating:"We refer to your recent letter in which you have made a request for information under Part 31.14 of the Civil Proicedure Rules.The claim is for less than £5,000.00 and as part 31 of the CPR does not apply to small claims, we are not obliged to provide this information and would advise that the particulars of claim detailed in the County Court Claim form should be sufficient to allow you to respond accordingly.Please reply to the claim form immediately. Please refer to the claim form for details of the time limit by which you are expected to respond. Failure to do so will result in a Judgement being entered without reference to you. If you are in any doubt as to your position in this matter, please seek your own legal advice."What happens now? Are they correct?Please HELP!!

[Curlyben]

Re: CL Finance Ltd/ Howard Cohens

Right then really need more information.
1/ What is the claim for, POC would be great ?
2/ I assume you have filed Acknowledgement of service, AoS, have you done the defence as yet ??
3/ If so what was it ???
4/ Anything else you can think of which would be useful ?

[Tools]

Re: CL Finance Ltd/ Howard Cohens

For claims allocated to small claims track, Part 18 - Further Information should be used not Part 31 - Disclosure and Inspection of Documents. They are correct in saying Part 31 does not apply.

Scope of this Part

31.1

(1) This Part sets out rules about the disclosure and inspection of documents.

(2) This Part applies to all claims except a claim on the small claims track.

But as Curly has pointed out, a copy of the POC would be good.

[Dizzy]

Re: CL Finance Ltd/ Howard Cohens

Sorry I am having difficulties attaching the file so here are the details."POC is for the sum of £848.84 being monies due from the Defendant to the Claimant under a regulated credit agreement between the Defendant and Santander Cards UK Ltd under Ref ....... and assigned to the claimant on the 9th September 2009 notice of which has been given to the Defendant.The Defendanty has failed to make payment in accordance with the terms of the agreement and a default notice has been served upon the Defendant pursuant to Section 87(1) of the Consumer Credit Act 1974.Pursuant to clause 7 of the agreement, the Claimant also claims contractual interest at a rate of 18.287% per annum from the date of these proceedings to the date of judgement, or sooner payment, accruing at a daily rate of £0.50"I sent an AOS, I have also looked at the agreement which wasn't signed and they charged me insurance which again I never requested.I haven't yet prepared my defence, could you advise me please?I've basically got numerous credit card debts and have been burying my head in the sand but because I've been so foolish it is now serious..Any suggestions would be gratefully received please.Many thanks

[Tools]

Re: CL Finance Ltd/ Howard Cohens

In that case, have they attached all of the relevant supporting documents?

• A copy of the Credit Agreement (enforceable copy)
• Notice of Assignment
• Default Notice ( An acceptable one under the CCA 1974 )
• A copy of the applicable Terms & Conditions listing clause 7

Submit a Part 18 request for these documents if they have not already supplied them, they are relying on them to substantiate their claim.

[Dizzy]

Re: CL Finance Ltd/ Howard Cohens

Hi ToolsThanks for your advice, much appreciated.No they haven't sent anything. Am I able to get a template for a Part 18 request?

[Tools]

Re: CL Finance Ltd/ Howard Cohens

It is basically a letter to the claimant asking for further information regarding their particulars of claim. There is no template as such, just write to the claimant asking them for the documents listed below, you must however make it clear in the letter that "This is a preliminary request pursuant to Civil Procedure Rules Part 18 " .

May I suggest you have a read of this thread where Curly has given some excellent advice CL Finance/Howard Cohens, HELP! - Legal Beagles

You should find something in there to compile a request and also a basis for your defence.

Draft something up and post it here for proofing.

[Curlyben]

Re: CL Finance Ltd/ Howard Cohens

31.14 Vs 18
Until AQ the claim is trackless and as such 31.14 does apply.
Cohens are just being pains, either way they should disclose any relevant information.

Dizzy when is your defence due ??
Have they supplied any information at all, or just their normal woeful POC ??

Seems Howard has "acquired" a whole bunch of old store cards to play with.
Oh well, he's in for a fun time

I love the admission to breaching Pre-action as they where "assigned" the debt on 9 Sept and LESS than a week later they file a claim.
Naughty naughty..
Should at least give you a Letter Before Action and a chance to pay.

Have you had any communications from them ?

[Dizzy]

Re: CL Finance Ltd/ Howard Cohens

Hi Curlyben,The court claim form is dated 14 September, therefore the day of service is 19 September and if I'm right I believe my defence should be filed by 17 October.They haven't supplied any information whatsoever, I haven't been opening my mail because I'm too afraid of the contents due to other credit card and loan debts, so they may have communicated with me. Like may others I have been ashamed and burying my head in the sand - foolish I know! CL Finance sent me a statement a few days ago basically being the debt plus court fee and solicitors costs.I'm now going to type my defence and would be very grateful if yourself & Tools could advise me once I have posted it to you on this thread.Many thanks once again, I'm so glad I subscribed to this website.

[Curlyben]

Re: CL Finance Ltd/ Howard Cohens

Right then here's the plan.
Get a coffee and open ALL of your mail.
STOP trying to avoid your debts as you have now found the right place for help.
They wont go away, but with help they can be conquered.

I want you to report back if there's anything from Cohen's or CL and I'll advise on your response.
As you have already discovered we have had some dealings with Mr Cohen and his "claims"

[Dizzy]

Re: CL Finance Ltd/ Howard Cohens

Hmmm I think that might be 100 coffees later and a few whiskies in between!!!
It will take me some time to open all my mail - bad I know, my husband has been nagging me for months but I just haven't been able to face it, in fact you could say mail has become a fear!!I might be a while but I will report back to you. :-/

[Curlyben]

Re: CL Finance Ltd/ Howard Cohens

Stop worrying.
We have more than enough resources and knowledge to help you through this.
The time to get a grip in NOW !!!

Hiding will only produce even more court claims and possible default judgements. This is something your really don't want.

We have all had similar experiences.
My own personal one happened just after the birth of our daughter and I have become "friends" with a number of DCA's over the last few years

You are amongst friends, we are NOT here to judge but to assist.
Personally if I can stick it too a few more DCA's I'll be more than happy as they are pondscum that feed off others misfortune.

So come on get those letters sorted out and post back.

Cohen's defence is straightforward enough and he's seen it a number of times already, but that doesn't stop him looking like a fool in front of yet another judge..

[Dizzy]

Re: CL Finance Ltd/ Howard Cohens

I have looked through my most recent mail from the last 3 months and I have only found a demand from a company called Viking on 16th July 2009. Other than that I have only received the notice of assignment from Howard Cohen dated 11th September even though the POC states 9th September and a letter from them dated 21st September stating that they have sent me a County Court Claim form.

[Curlyben]

Re: CL Finance Ltd/ Howard Cohens

So NoA AFTER court action started, oh dear, naughty Howard
Very naughty indeed.

Right then here's your defence, short and sweet and postable online (easiest option)

Defence
1.The claimants particulars of claim are vague and fail to disclose any cause of action, they appear to be an abuse of the process in that they fail to deal with the basic rules of pleading in accordance with the CPR.


2.Even making allowance for the Northampton Bulk Regime the claim fails to disclose sufficient information as required by the CPR, there is no reference to any account number, no date of alleged agreement, no date of alleged default or details of any default notice served in accordance with s87 (1) Consumer Credit Act 1974, the claim is missing vital information.

3. Without admission that any cause of action is shown by the Claimant it is denied that the Claimant has a claim whether as pleaded or at all.

4. No documents supporting the claims in the particulars have been offered which the defendant needs to establish what agreement it is that this action is based upon

5. Without clarification of the claimants claim, the defendant is extremely disadvantaged and the claimant’s claim appears without merit

6.Further to above the defendant is unable to plead effectively or at all. The defendant is embarrassed.

So here's the plan:

1. file basic defence (above)
2. write to the court pointing out the failure of the claimant to comply with their CPR 31.14 obligations
3. write to the other side and tell them what you have done

Also you MUST report them to LCS for these abuses of pre-action etc.
LCS: Legal Complaints Service home

[Dizzy]

Re: CL Finance Ltd/ Howard Cohens

Thanks Curlyben

Should I still send Cohens the part 18 request like Tools suggested or is my original CPR 31.14 which they received sufficient bearing in mind their reply to that?