Court claim received from CL Finance/Howard Cohen sols **SETTLED**

[ByTheWay]

Re: Court claim received from CL Finance/Howard Cohen sols

Yep, will do. I will be staying on top of this thats for sure.

[StoneLaughter]

Re: Court claim received from CL Finance/Howard Cohen sols

This is purely my opinion - pick it to bits if you like

Having submitted a "Partial Admission" acknowledgement, you can now say (in your Defence) that you acknowledge the debt, but that you don't acknowledge their Court costs as the Action was (in your opinion) brought in a vexatious manner, and you don't acknowledge any additional fees. Explain in your Defence that offers to pay at a rate you can afford have been ignored and that fees have been added without your knowledge.

[ByTheWay]

Re: Court claim received from CL Finance/Howard Cohen sols

Hya Tom, thanks for that, I do plan on doing something along those lines and my letter to the solicitors and copy to the court have reflected that. I would hope that a judge would agree with me when the time comes.

[ByTheWay]

Re: Court claim received from CL Finance/Howard Cohen sols

I have received this morning copies of statements and a "copy" of CCA.....although it is reconstructed application form as far as I can see, it's not my writing that's filled it in but my signature is there. There's no credit limit or APR set out on this. If there was it must have been on a seperate page which they haven't supplied.

NO copy of default notice ( I am not surprised cos I didn't ever receive one!)
NO copy of T&C's.

I will check the statements over later tonight when my kids are in bed, then I will know the exact balance. I am unsure how to proceed without these docs...I do wish I had defended the whole claim now but then again, I wasn't looking to avoid this debt. After reading more about HC&co it seems this is completely normal for them. Beware anyone who gets passed onto them, straight to court they go!!!:mad2:

[ByTheWay]

Re: Court claim received from CL Finance/Howard Cohen sols

After a quick look...there's quite a few statements missing...July 06 to March 07 and July 07 to Nov 07....funny, those last 5 were when I started getting charged late fee's.......

[Amethyst]

Re: Court claim received from CL Finance/Howard Cohen sols

Hey BTW - if you have a look at SaraFayes thread she has a claim against her by CLF/HC too. Just might be on interest, C L Finance/GE Money - Legal Beagles

[ByTheWay]

Re: Court claim received from CL Finance/Howard Cohen sols

Thanks Amethyst, I will look in on Sara's thread.

I have spent some time looking up info regarding default notices. There's a bit in the CCA 1974 (s87) regarding when they should be sent out and what wording they should be in, but nothing regarding keeping records.
I did find this info in the Data Protection Technical Guidance from the ICO which states

Accuracy of a lender’s default records

39 Records
Any default record should be accurate. We normally expect a lender to
keep records that are necessary to show an agreement exists and to
support filing a default. We would also expect a lender to be able to
produce evidence to justify a default record they had placed on a credit
reference file. Not having any supporting records may indicate a breach
of the data protection principle requiring personal data to be adequate,
relevant and not excessive for the purpose for which it is processed. A
record that a notice of an intention to file a default was sent, if not a copy
of the notice itself, will help lenders to comply with this requirement.
40

Do you guys think I should refer to this in my defence? I wonder if it's worth writing back to HC asking them again to supply the docs I've requested, or will it help my defence that they've not supplied me with what I've asked for...my head's in a muddle today, I shouldn't try to do this when the kids are about, too much distraction! lol, will get back here later when my mind is clearer

[Amethyst]

Re: Court claim received from CL Finance/Howard Cohen sols

You couldnt scan in your CCA docs they sent you per chance ?


Right you don't want to avoid paying the debt - you do want to make an arrangement with them to pay a fair amount. And you want to avoid getting a CCJ. Yes ?

Stopping paying after negotiating lower payments won't have helped.

From their point of view they want the CCJ to guarantee they will get the money returned to them.

You need all the letters you sent to them re lower payments and all replys.

You will be saying the claim shouldnt have been brought in the first place as (as you wrote in your first letter) they didnt abide by CPRs and try and sort this out outside of court.

You also need proof of your payments you have made to them - so bank statements showing the outgoing etc.

A full financial statement as well to show the court what you can afford to pay.

You are defending the charges (you can use a estimate in the absence of the statements - did you request those under the DPA I don;'t recall the CCA request covers full statement of account too anyways) then admitting the main sum owed, but asking for the claim to be struck out cause of breach of CPR's, to avoid a CCJ and court costs/CI.

I'd write and spell all that out to sols too enclosing your three months of payments to show you are committed - and get a start on your defence/admission and financial statement

[ByTheWay]

Re: Court claim received from CL Finance/Howard Cohen sols

You couldnt scan in your CCA docs they sent you per chance ? Yes, will post it up.


Right you don't want to avoid paying the debt - you do want to make an arrangement with them to pay a fair amount. And you want to avoid getting a CCJ. Yes ? Yes.

Stopping paying after negotiating lower payments won't have helped.

From their point of view they want the CCJ to guarantee they will get the money returned to them.

You need all the letters you sent to them re lower payments and all replys. I have misplaced copy of my letter but do have their reply. Will have a thorough search again.

You will be saying the claim shouldnt have been brought in the first place as (as you wrote in your first letter) they didnt abide by CPRs and try and sort this out outside of court.

You also need proof of your payments you have made to them - so bank statements showing the outgoing etc.

A full financial statement as well to show the court what you can afford to pay. Is this the same as an I/E ?

You are defending the charges (you can use a estimate in the absence of the statements - did you request those under the DPA I don;'t recall the CCA request covers full statement of account too anyways) then admitting the main sum owed, but asking for the claim to be struck out cause of breach of CPR's, to avoid a CCJ and court costs/CI. They did supply most statements...I do have nearly all the originals.

I'd write and spell all that out to sols too enclosing your three months of payments to show you are committed - and get a start on your defence/admission and financial statement

Thanks very much Amethyst, will get on with that lot asap.

[ByTheWay]

Re: Court claim received from CL Finance/Howard Cohen sols




There is a credit limit written by hand at the top, spotted it when I was editing details out...

[thephoenix]

Re: Court claim received from CL Finance/Howard Cohen sols

ok... are all the fields actually blank or have you whitened out ALL your personal details????

[ByTheWay]

Re: Court claim received from CL Finance/Howard Cohen sols

yes, I've blanked out all my details.

as in name, address, DOB, tel no and signature. And i blanked out the barcode and numbers (16 digits) that had been handwritten across the top.

[thephoenix]

Re: Court claim received from CL Finance/Howard Cohen sols

providing all your personal details are correct together with your signature and what not..... I cant really see anything wrong with it.

Credit card agreement cannot have the APR or payment details on them as they are all variable. The agreement will in fact contain examples of interest to pay and minimum payments as a percentage.

as the text is a little difficult for me to read .... i can't make out the small print. did you agree to PPI on the card??

[ByTheWay]

Re: Court claim received from CL Finance/Howard Cohen sols

No, and there was none added.
I was expecting the CCA to be in order, thanks for clarifying the points about interest.
Hopefully by putting it up here it will help others when they are in doubt of their own

[Amethyst]

Re: Court claim received from CL Finance/Howard Cohen sols

It has a part about 70p per £100 somewhere.

Anyway yes it looks pucker to me too. Will print it off later and have a closer look tho.

But dont think we need worry about that bit

Thanks for scanning it in.