** WON ** CL Finance trying to get CCJ without default notice - PLEASE HELP!

[Miss-]

Re: CL Finance trying to get CCJ without default notice - PLEASE HELP!

Thank you. I will post back to the court today to let them know that I intend to defend.

[miliitant]

Re: CL Finance trying to get CCJ without default notice - PLEASE HELP!

This is the CPR31.14 letter which you would send to cohen.

Re: (Claimant's name) v (Your name)

Case No:

CPR 31.14Request

On (date) I received the Claim Form in this case issued by you out of the(Name) countycourt.

I confirm having returned my acknowledgement of service to the court inwhich I indicate my intention to contest all of your claim.


Please treat this letter as my request made under CPR31.14 for the disclosure and the production of averified and legible copy of [each of the following / the] document(s)mentioned in your Particulars of Claim:

1 the agreement. You will appreciate that in an ordinary case and by reasonof the provisions of CPR PD 16 para 7.3, where aclaim is based upon a written agreement, a copy of the contract or documents constitutingthe agreement should be attached to or served with the particulars of claim andthe original(s) should be available at the hearing. Further, that any generalconditions incorporated in the contract should also be attached.

2 the assignment*

3 the default notice*

4 the termination notice*


Although your claim is for a sum which is not more than £5,000.00 and willin all likelihood be allocated to the small claims track for determination uponmy delivering a defence, at this moment in time I have not delivered my defenceand the case has not been allocated to a track. In consequence the provisionsof CPR 27(2) are of no effect and you should not seek to avoid compliance with your CPR 31 dutiesby claiming otherwise

You should ensure compliance with your CPR 31duties and ensure that the document(s) I have requested are copied to andreceived by me within 7 days of receiving this letter. Your CPR 31 duties extend to making a reasonable andproportionate search for the originals of the documents I have requested, thebetter for you to be able to verify the document's authenticity and to provideme with a legible copy. Further, where I have requested a copy of a document,the original of which is now in the possession of another person, you will havea right to possession of that document if you have mentioned it in your case.You must take immediate steps to recover and preserve it for the purpose ofthis case.

Where I have mentioned a document and there is in your possession more thanone version of that same document owing to a modification, obliteration orother marking or feature, each version will be a separate document and you mustprovide a copy of each version of it to me. Your obligations extend to making areasonable and proportionate search for any version(s) to include an obligationto recover and preserve such version(s) which are now in the possession of athird party.

In accordance with CPR 31.15(c) I undertake tobe responsible for your reasonable copying costs incurred in complying withthis CPR 31.14request.

If you require more time in which to comply with this request you must tellme in writing. You must tell me before the time for compliance with thisrequest has expired. In telling me you require more time you must tell me whatsteps you have taken and propose to take in order to comply with this requestand also state a date by when you will comply with this request. In additionyour statement must be accompanied with a statement that you agree to anextension of the time for me to file my defence. Your extension of time must benot less than 14 days from the date when you say you will have complied with myrequest and you must state the new date for filing my defence.

If you are unable to comply with this request and believe that you willnever be able to comply with this request you must tell me in writing.

Please note that if you should fail to comply with this request, fail torequest more time or fail to agree to an extension of time for the filing of mydefence, I will make an application to the court for an order that theproceedings be struck out or stayed for non-compliance and a summary costsorder.

I do hope this will not be necessary and look forward to hearing from you.

yours faithfully (print name)

[mystery1]

Re: CL Finance trying to get CCJ without default notice - PLEASE HELP!

You want the notice of assignment and the deed of assignment. You also want, but might not get, proof of service of the notrice of assignment.



This is the CPR31.14 letter which you would send to cohen.

Re: (Claimant's name) v (Your name)

Case No:

CPR 31.14Request

On (date) I received the Claim Form in this case issued by you out of the(Name) countycourt.

I confirm having returned my acknowledgement of service to the court inwhich I indicate my intention to contest all of your claim.


Please treat this letter as my request made under CPR31.14 for the disclosure and the production of averified and legible copy of [each of the following / the] document(s)mentioned in your Particulars of Claim:

1 the agreement. You will appreciate that in an ordinary case and by reasonof the provisions of CPR PD 16 para 7.3, where aclaim is based upon a written agreement, a copy of the contract or documents constitutingthe agreement should be attached to or served with the particulars of claim andthe original(s) should be available at the hearing. Further, that any generalconditions incorporated in the contract should also be attached.

2 The deed of assignment.

3 The notice of assignment including proof of service.

4 The default notice.

5 The termination notice. (not mentioned in the POC but no harm asking just might not get)


Although your claim is for a sum which is not more than £5,000.00 and willin all likelihood be allocated to the small claims track for determination uponmy delivering a defence, at this moment in time I have not delivered my defenceand the case has not been allocated to a track. In consequence the provisionsof CPR 27(2) are of no effect and you should not seek to avoid compliance with your CPR 31 dutiesby claiming otherwise

You should ensure compliance with your CPR 31duties and ensure that the document(s) I have requested are copied to andreceived by me within 7 days of receiving this letter. Your CPR 31 duties extend to making a reasonable andproportionate search for the originals of the documents I have requested, thebetter for you to be able to verify the document's authenticity and to provideme with a legible copy. Further, where I have requested a copy of a document,the original of which is now in the possession of another person, you will havea right to possession of that document if you have mentioned it in your case.You must take immediate steps to recover and preserve it for the purpose ofthis case.

Where I have mentioned a document and there is in your possession more thanone version of that same document owing to a modification, obliteration orother marking or feature, each version will be a separate document and you mustprovide a copy of each version of it to me. Your obligations extend to making areasonable and proportionate search for any version(s) to include an obligationto recover and preserve such version(s) which are now in the possession of athird party.

In accordance with CPR 31.15(c) I undertake tobe responsible for your reasonable copying costs incurred in complying withthis CPR 31.14request.

If you require more time in which to comply with this request you must tellme in writing. You must tell me before the time for compliance with thisrequest has expired. In telling me you require more time you must tell me whatsteps you have taken and propose to take in order to comply with this requestand also state a date by when you will comply with this request. In additionyour statement must be accompanied with a statement that you agree to anextension of the time for me to file my defence. Your extension of time must benot less than 14 days from the date when you say you will have complied with myrequest and you must state the new date for filing my defence.

If you are unable to comply with this request and believe that you willnever be able to comply with this request you must tell me in writing.

Please note that if you should fail to comply with this request, fail torequest more time or fail to agree to an extension of time for the filing of mydefence, I will make an application to the court for an order that theproceedings be struck out or stayed for non-compliance and a summary costsorder.

I do hope this will not be necessary and look forward to hearing from you.

yours faithfully (print name)


M1

[miliitant]

Re: CL Finance trying to get CCJ without default notice - PLEASE HELP!

error

[mystery1]

Re: CL Finance trying to get CCJ without default notice - PLEASE HELP!

http://www.consumeractiongroup.co.uk...well-read-here


CPR PART 18.

What is part 18 for?

Part 18 is for information purposes, so for example if the lender sends you three sets of terms and conditions during the course of proceedings and you are not sure which set relates to what? then you make a part 18 request.

The same applies if you need to clarify what happened with some of the money they are claiming , for example if the agreement has an amount of credit of say 10k but you only received 5k, then you would make a part 18 request for further information to clarify the points.

In any event BEFORE making a request you MUST read part 18 and Practice Direction 18

you will note that a Part 18 request can be in a letter format but it must set out that it is made pursuant to PART 18 and is intended to have Part 18 effect.

you MUST also avoid putting anything other than part 18 requests in the letter, so dont start telling them about what Lord Nicholls of Birkenhead said in Wilson................... . cos that will damage the request.

The alternative request under part 18 is as follows







IN THE XXXXXXXXX
county court CLAIM NO:


BETWEEN:

XXXXXXXXXX

Claimant

and

XXXXXXXXXXX

Defendant

_________________________ _________________________ ___________________

PART 18 REQUEST FOR FURTHER INFORMATION

_________________________ _________________________ ___________________


To: XXXXXXXXXX (claimant)

Please answer the following questions:

1. What date is shown as the date the Claimant/Defendants account was transferred from XXXXXX to the Claimant/Defendant on the Deed of assignment?

2. What is the XXXXXXX account number shown on the Deed as being the Claimants/Defendants account?



TAKE NOTICE THAT YOU ARE REQUIRED TO ANSWER THE ABOVE REQUEST WITHIN 14 DAYS OF SERVICE OF THE SAME UPON YOU









Judging by what PT says above the part 18 contains to much filler. Ask the questions and point out it's a part 18 request and the deadline. No more no less.

M1

[miliitant]

Re: CL Finance trying to get CCJ without default notice - PLEASE HELP!

thanks for the advice

i am trying to get cohen to withdraw at the first hurdle

as you know if anybody puts up any sort of defence then he drops the action like a stone but for the time being we will leave the assignment question and service to a full defence when and if required

so all that is needed to send for the moment is the CPR 31.14 AND SEE WHAT COHEN COMES BACK WITH

I WILL DELETE THE PART 18 REQUEST

[TUTTSI]

Re: CL Finance trying to get CCJ without default notice - PLEASE HELP!

Many years ago, my O/H went to court with this lot over a Burton's debt + default and they could not even supply any of the documents that he requested one of those documents was the default notice and the original agreement - CL lost in court I have to add. They also tried to bullshxx the Judge lol - Judge had none of it. From memory they made one up which was not correct date wise or something like that. It seems they do not learn from their mistakes.

Be careful when writing to these peeps do not sign any corresponce as they have been known to copy signatures.

[Miss-]

Re: CL Finance trying to get CCJ without default notice - PLEASE HELP!

Thank you for your help so far everyone!

I forgot to mention that before I posted this letter, I did send Cohen a letter advising I required time to get budgeting advice. The letter went off the same day the court proceedings were received and I did in fact sign this letter, however because I was leaning on something it did not come out very well but I sent the letter anyway. I will be very interested to see if they copy my signature, as my signature in 2005 was a lot different compared to now and I have proof of this, as my drivers licence has a similar signature.

[miliitant]

Re: CL Finance trying to get CCJ without default notice - PLEASE HELP!

now you have acknowledged the claim (please confirm)
and sent cohen that cpr 31.14, you can now relax

the ball is now in his court and we have a blinder of a defence to put if needed

long way to go yet so chin up, you are among friends

[Miss-]

Re: CL Finance trying to get CCJ without default notice - PLEASE HELP!

Thank you so much!, I will be able to sleep a bit better for the next few nights!

I will confirm when I have sent the cpr 31.4 to Cohen and acknowledged the claim (I missed the post office this afternoon) so I will be going in the morning.

[Miss-]

Re: CL Finance trying to get CCJ without default notice - PLEASE HELP!

Both letters have been sent off to Cohen Solicitors and the court... I will let you know if/when I receive a response.

[Miss-]

Re: CL Finance trying to get CCJ without default notice - PLEASE HELP!

Just a quick update, I previously sent a letter to Cohen around the time the court documents were delivered. I explained my circumstances had changed and my debt management plan had been suspended as I had priority debts (car fines) and the CCCS would be restoring my plan and payments would continue.

Yesterday, I received a letter from Cohen dated 16th May 2012, saying as

' as this is now subject to a county court proceedings, the only way to prevent a County Court judgement being entered against you is for you to pay the balance in full immediately

If you wish to pay by way of instalments, then you must reply to the claim form accordingly.

Please note that if I reply that if a reply is not received in the next 14 days, then we will have no alternative but to apply for a default judgement to be entered against you for an amount our client feels is appropriate.'


Anyway, I have sent of the CPR 31.4 and the court papers. They were sent on Friday morning by recorded delivery so should arrive by Monday.

I have until 6th June (I think) to supply the defence. .. The 6th June is the day after the double bank holiday so the post may be slow around this period!

[miliitant]

Re: CL Finance trying to get CCJ without default notice - PLEASE HELP!

this is very naughty of cohen and expected by his reputation

QUOTE

' as this is now subject to a county court proceedings, the only way to prevent a County Court judgement being entered against you is for you to pay the balance in full immediately

no, you put in a defence, that will stop a ccj being registered

If you wish to pay by way of instalments, then you must reply to the claim form accordingly.

do that and you will be admitting the claim and a ccj will be awarded by default


lets play cohens play on words and see what comes back in the cpr 31.14 request

he will say we are a bulk processor and do not have the documents and will have to get them from the original creditor or he will withdraw

if he does not withdraw we put the defence inn

we are allways one step ahead of him



please confirm the court papers went BACK TO THE COURT AND NOT COHEN OR DID YOU ACKNOWLEDGE THE CLAIM ONLINE. WE HAVE PLENTY OF TIME IF AN ERROR HAS OCCURED

cohen got the cpr 31.14 request

just checking :beagle:

[bluebottle]

Re: CL Finance trying to get CCJ without default notice - PLEASE HELP!

As Militant points out, £99.50 is well within the Small Claims Track. As such, Cohens are not permitted to add legal fees to any claim under the Small Claims Track. If you can, draw this to the attention of the court, ideally, before it goes any further, and have the legal fees struck-out. Cohens will stamp, scream and shout, but they of all people should know better. I fully agree with Militant about obtaining a wasted costs order against CL Finance. If the amount Cohens/CL Finance could be ordered to pay is likely to equal or exceed the £99.50 they say you owe, it might not be a bad idea to legally force them to write-off this sum.

[Miss-]

Re: CL Finance trying to get CCJ without default notice - PLEASE HELP!

Good evening, I have received a prompt response from CL Finance :/


'We acknowledge receipt of your request under C.P.R. 31.1.14 for documentation mentioned in our particulars of claim. Please note that as a bulk issuer we are unable to store necessary documents on site and we are currently in the process of retrieving the documents requested. Therefore, please accept this later as out agreement to a general extension of time. Once we have provided you with the documents requested, we will grant a further 14 days for you to submit your defence. We trust this is in order. Cohen.'


Letter dated 21st May 2012