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anon-e-mouse, Cohens
Hi,
I've just read this thread from the begining because I'm in exactly the same position with Cohen/CL/Santander/GE Capital and have followed the exact same sequence with regard to CPR 31.14 Timing also similar as my AQ is due by 17/09
When entering the holding defence I also asked Norrthamton to to strike out however they didn't read and automatically transferred to local court. Allocation Questionaire now ready to file.
Question: Do I have to apply (form n244 & £75) for strike out or leave it to DJ to decide from Holding Defence & maybe some extra in the AQ ?
Only difference is that Cohens have just produced a copy of original "Application" for a Credit Account dated early 90's, and a date for default (no notice or proof of service), no notice to assign and no clause 7 in T&C's (covering right to claim interest).
The "Application" is marked as Credit Agreement but I do not believe it is enforceable because a) part not legible b) on reverse side very few T&C's & looks like could have been cobbled together cos approx 8-12 letters missing from begining of each row on 2nd column so those clauses are meaningless. As if 1st column has been superimposed after signature on top of 1 or 2 columns underneath. c) Interest, APR payments are all together under financial info but No Credit Limit Specified, only "we will determine your credit limit from time to time" although on top of first page in box headed "Store Use Only" some one has hand written £300 in the Instant Credit section, this appears to have been added after app has been handed over by applicant and not with any copy left with customer. In any event limit was increased substantially on a number of occasions over years without customer request or agreement. d)Account reference number is different on App than appears on current statements. Either another account opened or status changed, either way no executed agreement ever provided with new/replacement credit tokens.
Question: Do I attach this Application to AQ and show DJ at this time ? Do I want to challenge CCA, show an arguable case and end up with burden of proof ? Or rely on the fact C did not comply with CPR protocols has disclosed to late & that the DJ should only be dealing with Claim & Defence as filed ? & should strike out before getting to read the AQ in any event ?
Oh 1 last thing cos they've now produced CCA (i.e Application) 4 weeks after deadline Cohens invite me to withdraw my Defence and they may work out a payment plan.
Why do I find it so difficult (not) to reject their offer ?
I've just read this thread from the begining because I'm in exactly the same position with Cohen/CL/Santander/GE Capital and have followed the exact same sequence with regard to CPR 31.14 Timing also similar as my AQ is due by 17/09
When entering the holding defence I also asked Norrthamton to to strike out however they didn't read and automatically transferred to local court. Allocation Questionaire now ready to file.
Question: Do I have to apply (form n244 & £75) for strike out or leave it to DJ to decide from Holding Defence & maybe some extra in the AQ ?
Only difference is that Cohens have just produced a copy of original "Application" for a Credit Account dated early 90's, and a date for default (no notice or proof of service), no notice to assign and no clause 7 in T&C's (covering right to claim interest).
The "Application" is marked as Credit Agreement but I do not believe it is enforceable because a) part not legible b) on reverse side very few T&C's & looks like could have been cobbled together cos approx 8-12 letters missing from begining of each row on 2nd column so those clauses are meaningless. As if 1st column has been superimposed after signature on top of 1 or 2 columns underneath. c) Interest, APR payments are all together under financial info but No Credit Limit Specified, only "we will determine your credit limit from time to time" although on top of first page in box headed "Store Use Only" some one has hand written £300 in the Instant Credit section, this appears to have been added after app has been handed over by applicant and not with any copy left with customer. In any event limit was increased substantially on a number of occasions over years without customer request or agreement. d)Account reference number is different on App than appears on current statements. Either another account opened or status changed, either way no executed agreement ever provided with new/replacement credit tokens.
Question: Do I attach this Application to AQ and show DJ at this time ? Do I want to challenge CCA, show an arguable case and end up with burden of proof ? Or rely on the fact C did not comply with CPR protocols has disclosed to late & that the DJ should only be dealing with Claim & Defence as filed ? & should strike out before getting to read the AQ in any event ?
Oh 1 last thing cos they've now produced CCA (i.e Application) 4 weeks after deadline Cohens invite me to withdraw my Defence and they may work out a payment plan.
Why do I find it so difficult (not) to reject their offer ?
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