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

[miliitant]

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

quote

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

seems is is going true to form, exactly what i said in post 28

i am baffled by "what extension" are they talking about

we have 14 days from acknowledge the claim to put in a defence, but we dont have any documents yet to use in a defence, (cpr31.14) so how can you plead a defence

cpr31.15 now comes into the equation and it seems cohen might be going after a stay until he manages to get the documents.

we gave cohen 7 days to produce the documents from the date on his letter to you as to the cpr31.4, it is not our fault he does not have the documents and he knows well that the agreement should be with the claim form.if not, we do an unless order to get the claim thrown out after the 7 days have expired.
he has a bloddy cheek asking for a 28 day extension, but it is only 14 days more which still has not been agreed


my answer to that is "not a chance" you started this

is cohen trying to get a default judgement it seems ???

naughty cohen, i know what your game is

i will do an unless order application notice for you to strike out cohens claim,
the fee will be £75 but you will have a fee exemption if on benefits or low income,please advise by this weekend as cohen only has 7 days to comply

[miliitant]

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

THIS QUESTION FOR THE SITE TEAM

QUOTE FROM COHEN

'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.'

the problem i have with this is that cohen stipulates that he has agreed to "general extension of time"

time from when,acknowledge the claim,putting in a defence,allowing an extra 14,28 days to file a defence.

he has not put in his letter from when the extension of time starts for which he is agreeing to and the defendant could end up with a default judgement

i am tempted to do a n244 application notice after 7 days with an unless order stating he provides the document by xyz time or the claim be struck out as to cpr 31.15

cohen is playing with words and from a so called solicitor who should know better

comments please people and please do not reply unless you are confident with the court procedure and CPR

[Miss-]

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

Just to confirm the court papers were returned to Northampton County Court not Cohen..

[miliitant]

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

thanks for the confirmation

i am just deciding on the best way to deal with cohen

monday is D DAY

[miliitant]

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

error

[miliitant]

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

please miss

come back to this thread

time is running out to get an application to the court or you will receive a ccj by default

[Miss-]

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

apologises - I did not see your last message until today.

I have not had a response from CL Finance/Cohen. What should I do next in regards to responding to the court?

Thanks,

[teaboy2]

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

If your going to go down the Unless order route, then inform the court - That you have not agreed to any unilateral extension of time with the claiment nor have they asked, they have simply told you that they will give you an extension when you do not want an extension, as they only want it in order to give themselves more time to find the supporting documents that should have been attached to their Particulars of claim, or that they should have had in their possession before issuing a claim. You have therefore requested this documents under CPR31.14 and so far the claiment has failed to comply, stating they are a bulk centre, the defendant does not agree, as they are in fact solicitors and therefore should have a properly prepared case, before issuing the claim and should not have to relying of their client to provide the supporting doucments, that they claim is based on, if and only if the defendant intends to defend. The claiment is well known for this tactic and is just aswell known to drop claims like a stone when a defence has been issued.

The defendant fully intends to make and application for an unless order, if the claiment fails to comply with the defendants CPR31.14 request within the time allowed in the CPR31.14 request - Therefore the defendant would like to make it clear that the defendant does not, has not and did not ever agree to an extension - The claiment will automatically be granted a short extension under the defendants unless order by a judge, so their is no need for the defendant to allow the claiment an unilaterally decided period of extension, that puts the defendant at a disadvantage and only serves to give the claiment more time to take advantage of simply to find the supporting doducments that they should have had in their possession when they issued the claim!

P.s. Replace the word you with defendant.

[miliitant]

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

tell me miss, are you on any benefits

for an n244 application without a court hearing, what IS THE FEE now, and can it be attached to a claim issued from northampton or does the n244 need to be sent to northampton by hard copy

[miliitant]

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





On a separate piece of paper :-


Claim No: xxxxxx

Draft Order

1 Unless by 4:00pm on (date) the Claimant complies with a request made by the Defendant on (date) pursuant to CPR 31.14 by the provision to the Defendant of documents mentioned in the Particulars of Claim, namely [1] the agreement [2] the default notice and [3] the deed of assignment
the claim shall stand struck out and the Defendant shall be at liberty to enter judgment against the Claimant without further order of the court, and
[ii] the Claimant shall pay the Defendant her costs of this case to be assessed on the standard basis and pursuant to the provisions of The Litigants in Person (Costs and Expenses) Act 1975.

[i]2 In the event that the Claimant shall comply with this order,
[i] the Defendant shall file and serve a Defence by 4:00pm on (date) 28 days from date of application and
[ii] the Claimant shall pay the Defendant his/her costs of this application


comments please people

miss, please do nothing for a few days and confirm when the defence needs to be in by

[Miss-]

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

Thank you, you have supplied a lot of information I am not sure if I follow! - So the form you have attached is not the response form but another form completely?

Also just to confirm I am not on benefits so I will need to pay for any form I submit.
I believe I have until next Wenesday 6th June 2012

[miliitant]

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

Leave it for the weekend for more comments

what i have done is an application order, once the court has received it the time scale on the claim will stop until the judge has ruled on it

dont panic

all will be explained in the next few days, we will not let you be a fish out of water

[teaboy2]

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

looks good to me militant.

[miliitant]

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

Leave it for the weekend for more comments

what i have done is an application order, once the court has received it the time scale on the claim will stop until the judge has ruled on it

dont panic

all will be explained in the next few days, we will not let you be a fish out of water

JUST CHECKING BUT AN APPLICATION WITHOUT A HEARING IS £40 I BELIEVE, ILL CONFIRM THAT THOUGH AS UNSURE

[miliitant]

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

please keep on top of your thread or you will end up with a judgement by default
i believe the 6 june is the last day

have you sent anything to the court yet

the very least is you need to send the letter from cohen about him agreeing the extension to the court
fax it,scan and email, but its to late now to post it

thats northampton court

this is to important to keep disapearing, we are trying to help, we need to keep to strict time tables