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

[ByTheWay]

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

Thanks guys for your help and guidance. Will update as and when.

[thephoenix]

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

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

Thanks for scanning it in.

that'll be the PPI.

The example for interest should be based on either £1500 or £3000 balance, can't remember which one.

[ByTheWay]

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

Have received a letter from the court today.

I acknowledge receipt of your defence. A copy is being served on the claimant (or the claimants solicitor). The claimant may contact you direct to attempt to resolve any dispute. If the dispute cannot be resolved informally, the claimant will inform the curt that he wishes to proceed. The court will then inform you of what will happen.

Where he wishes to proceed, the claimant must contact the court within 28 days after receiving a copy of your defence. After that period has elapsed, the claim will be stayed. The only action the claimant can then take will be to apply to a judge for an order lifting the stay.

They must have mistaken my copy of the letter to HC&co as my defence!? I will ring them later to confirm this. Looks like they are automatically staying the case regardless of what it's for.

[sarafaye]

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

hi by the way
Thats the same sort of letter I received after filing my defence. The judge then ordered them to respond by 28 January, this they did by filing their statement of truth which I have received.
Will update when I get further on.
good luck
Sara

[ByTheWay]

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

Thanks Sara, good luck with yours too.

It seems the court did indeed mistake my copy of the letter to HC&co as my defence. The clerk told me I could send in my defence as normal, with a covering letter pointing out their mistake. Thank gawd for that lol.

[Amethyst]

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

Hey xx

thanks for the pm, just have a couple bits to sort out then I'll have a good read through for you Looks good at first skim read tho.

[ByTheWay]

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

Hey xx

thanks for the pm, just have a couple bits to sort out then I'll have a good read through for you Looks good at first skim read tho.

Thanks Amethyst! Must admit, it took me a few hours lol whenever you have time is ok by me, I appreciate your help and support with all this XX

[Amethyst]

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

Okey doke

what was the final balance on the debt before it went to court (ie how much do you admit you specifically owe) and how much are the charges.

amount admit owe ???? + amount of charges ???? = total debt before court fees/sols fees/contractual interest etc

charges = £51.00.The defendant does, however, admit to the debt of £529.96. ? is that right

[Amethyst]

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

okay got that bit now.

just thinking on the CI

[Amethyst]

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

Heres what we have so far...

1.Save as is specifically admitted in this Defence – the Defendant denies each and every allegation set out in the particulars of Claim.

2.It is admitted that the Defendant entered into a regulated credit agreement with GE Capital Bank Limited under reference XXXXXX on or around 3rd March 2005.

3.It is admitted that the Defendant has an outstanding balance on the account to the value of £580.96, as detailed in the particulars of claim.

4. The Claimant states the debt was assigned them by a deed of assignment dated 16th January 2008. This notice of assignment was received by the defendant on 23rd January, the day after receipt of the court claim.

5. The claimant claims that a default notice had been served to the defendant. It is denied that any Default Notice in the prescribed format was ever received and the Defendant puts the Claimant to strict proof that said document in the prescribed format was delivered to the defendant.

6. The claimant’s solicitors were requested by letter dated 28th January 2008 to produce the following various documents;
a. A true copy of the executed credit agreement and any terms and conditions that applied to the account at the time of any default and at the time the account was opened. b. A copy of default notice.c. A copy of or print out of all account transactions.


7. To date, the claimant’s solicitors have acknowledged the request and supplied a true copy of the credit agreement, but have not supplied the alleged default notice nor 14 months of statements dated July 2006 to March 2007 and July 2007 to November 2007 (inclusive).

8. The defendant contends that during the period in which the Account was operating the claimant debited numerous charges to the Account in respect of purported breaches of contract on the part of the defendant. The contractual provision that permits the Claimant to levy such charges is unenforceable by virtue of the Unfair Terms in Consumer Contracts Regulations (1999), the Unfair Contract Terms Act 1977 and under common law.

9. In respect of point 5 above, the defendant contends against the total of the aforementioned charges estimated to be a total of £51.00.

10.The defendant believes that the claimant has instigated proceedings in a vexatious manner by not following preaction protocols, namely by not issuing a default notice, commencing legal action only 2 days after receiving assignment and not giving the defendant any opportunity to sort this matter out of court. Therefore the defendant respectfully asks the court that the claim be struck out on these points.

11. The defendant has previously sent the claimant a full financial statement, dated 29th January 2008 (annex 1) and an offer for repayment of this debt in a letter dated 18th February,(annex 2). This offer was for £1.00 per calendar month. The Defendant requests the court determines installments at the same rate.

Persuant to clause 7 of the agreement, the claimant also claims contractual interest at a rate of 25.560% per annum from the date of these proceedings to the date of judgement, or sooner payment, accruing at a daily rate of 0.46.



You dont have a copy of clause 7 do you per chance ?

[ByTheWay]

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

No, I don't have a copy of any of the T&C's.....they didn't send any with the documents, even though I requested them...had completely forgotten about that, even though I must have looked at that letter numerous times today! maybe I should add that into my defence too!

Thanks for the revised defence, it's looking great!

[Amethyst]

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

aye.. just wanted to clarify this contractual interest rate. be better if we can get the court to apply stat 8% instead. I'll have a ponder.

[ByTheWay]

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

Thanks again Amethyst:tinysmile_kiss_t4:

[ByTheWay]

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

aye.. just wanted to clarify this contractual interest rate. be better if we can get the court to apply stat 8% instead. I'll have a ponder.

What would that mean, that they would get awarded interest at a lower rate instead of the rate they are claiming? The interest stuff goes beyond me lol. I'm kinda hoping I'll just end up with the original debt to pay, considering the way this claim has been brought about.
If there's any way in which to reduce the amount I pay I would be greatful though:tinysmile_grin_t:
I am going to post that letter to HC&co today.

[sarafaye]

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

just to say all the best with this, bytheway.