CL Finance taking me to court over loan (ex-HSBC) which has PPI- how to defend?

[zhanzhibar]

Re: CL Finance taking me to court over loan (ex-HSBC) which has PPI- how to defend?

I am at work at the mo and so can't really call them plus still too busy (and admittedly am a bit stressed out to talk to them) and I don't particularly want to use work e-mail to e-mail them. I will try to find sometime this morn o/wise will be at home at 3 so will ring them & e-mail them from home.

[zhanzhibar]

Re: CL Finance taking me to court over loan (ex-HSBC) which has PPI- how to defend?

Hi every one, Just spoke to somebody at Cohen and they have agreed further 28 days extension i.e till 31st July. Now the main thing is I need to inform the court now. What do I do? Do i just ring the court or is there a form to fill in?

[miliitant]

Re: CL Finance taking me to court over loan (ex-HSBC) which has PPI- how to defend?

has cohen sent confirmation by email

cohen will advise the court but i dont trust him

phone the court and get it recorded by email

do it now

time is short

[mystery1]

Re: CL Finance taking me to court over loan (ex-HSBC) which has PPI- how to defend?

The defendant must inform the court.


Agreement extending the period for filing a defence

15.5

(1) The defendant and the claimant may agree that the period for filing a defence specified in rule 15.4 shall be extended by up to 28 days.

(2) Where the defendant and the claimant agree to extend the period for filing a defence, the defendant must notify the court in writing.


The agreement must be in writing (email fax as post is to long.). Forward this to the court as you must do.

M1

[zhanzhibar]

Re: CL Finance taking me to court over loan (ex-HSBC) which has PPI- how to defend?

I am writing the letter as I am writing this. Is there a template I can use ? Cohen said that they will put in their record that I have till 31st July but it is I who have to inform the court.

[mystery1]

Re: CL Finance taking me to court over loan (ex-HSBC) which has PPI- how to defend?

No.

Dear court,

I am writing to you in respect of case blah blah. I am the defendant in case blah blah. Under CPR 15.5 i am informing the court, as required, that the parties in this case have agreed an extension of time, for filing a defence, of 28 days. Please see a copy of the claimants agreement which was by email/fax dated xxxxxx.

x


Something like that should do.

Edit:- You do need written proof(email/fax) and send it with this by email/fax or as a very last resort mail.

M1

[miliitant]

Re: CL Finance taking me to court over loan (ex-HSBC) which has PPI- how to defend?

i would phone cohen again and get him to send you an email confirmation of him agreeing the extension. then send with above

time is short

[pt2537]

Re: CL Finance taking me to court over loan (ex-HSBC) which has PPI- how to defend?

I am writing the letter as I am writing this. Is there a template I can use ? Cohen said that they will put in their record that I have till 31st July but it is I who have to inform the court.

The agreement must be in writing and the Court must also be advised in writing. If not, the Claimant may be entitled to enter judgment after the expiration of the 28 days

[miliitant]

Re: CL Finance taking me to court over loan (ex-HSBC) which has PPI- how to defend?

do not trust cohen or you will end up with a judgement by default

as stated, phone cohen and get him to send an email confirmation allowing the extension

then email the court with the cohen and your letter agreeing the extension

time is short

[zhanzhibar]

Re: CL Finance taking me to court over loan (ex-HSBC) which has PPI- how to defend?

The lady I spoke to actually told me that I have till 11th July so why do I need to extend further 28 days to which my reply is I just do. Incidentally, anybody got an e-mail address for Howard cohen?

[mystery1]

Re: CL Finance taking me to court over loan (ex-HSBC) which has PPI- how to defend?

5 days service + 28 days so 11th is probably correct but never trust them. A quick call to court will confirm.

Hopefully somebody will have email address for you.


2nd stage

Request all the documents they have disclosed (mentioned) under CPR31.14

Dear Sir,
Re: (Claimant's name) v (Your name) Case No:
CPR 31.14 Request
On (date) I received the Claim Form in this case issued by you out of the (Name) County Court.
I confirm having returned my acknowledgement of service to the court in which I indicate my intention to contest all of your claim.


Please treat this letter as my request made under CPR 31.14 for the disclosure and the production of a verified and legible copy of each of the following document(s) mentioned in your Particulars of Claim:
1 The agreement. You will appreciate that in an ordinary case and by reason of the provisions of CPR PD 16 para 7.3, where a claim is based upon a written agreement, a copy of the contract or documents constituting the agreement should be attached to or served with the particulars of claim and the original(s) should be available at the hearing. Further, that any general conditions incorporated in the contract should also be attached.
2 The deed of assignment
3 The notice of assignment
4 The default notice
You should ensure compliance with your CPR 31 duties and ensure that the documents I have requested are copied to and received by me within 7 days of receiving this letter. Your CPR 31 duties extend to making a reasonable and proportionate search for the originals of the documents I have requested, the better for you to be able to verify the document's authenticity and to provide me 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 have a 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 of this case.
Where I have mentioned a document and there is in your possession more than one version of that same document owing to a modification, obliteration or other marking or feature, each version will be a separate document and you must provide a copy of each version of it to me. Your obligations extend to making a reasonable and proportionate search for any version(s) to include an obligation to recover and preserve such version(s) which are now in the possession of a third party.
In accordance with CPR 31.15(c) I undertake to be responsible for your reasonable copying costs incurred in complying with this CPR 31.14 request.
If you require more time in which to comply with this request you must tell me in writing. You must tell me before the time for compliance with this request has expired. In telling me you require more time you must tell me what steps you have taken and propose to take in order to comply with this request and also state a date by when you will comply with this request.
If you are unable to comply with this request and believe that you will never 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 I will make an application to the court for an order that the proceedings be struck out or stayed for non-compliance and a summary costs order.
I do hope this will not be necessary and look forward to hearing from you.
Yours faithfully



Time is paramount here as they have 7 days to comply which eats in to your time to defend. Get it sent asap.

M1

[zhanzhibar]

Re: CL Finance taking me to court over loan (ex-HSBC) which has PPI- how to defend?

Update on what's been happening. So I posted the CPR 31.14 request yesterday to Cohen on the next day delivery so they should get it today. I also called Howard Cohen and asked for their e-mail and so sent e-mail last night to debtservices@lewisgroup.co.uk telling them that the Court wanting their confirmation agreeing to the extension. I asked if they could confirm via e-mail so I can sent it to the Court. Would they reply do you think?

[mystery1]

Re: CL Finance taking me to court over loan (ex-HSBC) which has PPI- how to defend?

If they don't chase them.

M1

[zhanzhibar]

Re: CL Finance taking me to court over loan (ex-HSBC) which has PPI- how to defend?

Further update.Cohen have faxed & e-mail me the letter agreeing to the extension & I have posted (next day delivery) it today to CCBC Northampton.

I am now waiting for them to reply to my CPR31.14 request. In the mean time, as I am defending the whole claim where shall I start about looking/reading about PPI? I only know a little bit about PPI- from media etc.. & I do feel a bit nervous about defending the whole claim bcoz like I said in earlier post as I don't know how much is the original loan in that amount they claimed, its very difficult to do a part defence.

[miliitant]

Re: CL Finance taking me to court over loan (ex-HSBC) which has PPI- how to defend?

evening

lets wait for the cpr 31.14 to come back first and lets see what they have to offer

the ppi issue to be honest is a side line

its things like the default notice which cannot now be de minimis thanks to brandon v american express

the assignment as to 196 law of property act

their is a lot to get to know so read up on the above to give you an idea on the line of defence