Court on Wednesday with Cohens - Help!

Nicegirl1 · 24th May 2009, 20:52

My debt with Egg was sold onto CL Finance after Egg couldn't produce a copy of the cca. I then got a court claim from Cohens describing the debt as from Barclaycard. I defended immediately and only got a letter from Cohens changing the particulars of claim a week later, they'd tried to backdate it. Cohens provided their usual reply to my defence asking for a copy of the CCA etc but despite several letters to the court and confirmation from them that Cohens have not asked officially for the particulars of claim to be changed, a hearing is listed for Wednesday 27th. Cohens told me that they would be notifying the Court about the change to the particulars but I've heard nothing from them so assume Cohens haven't actually bothered. I don't see how the Judge could make any decision given that I don't have a copy of any agreement and the particulars of claim are in question, but as this situation is a bit complicated, I'd really appreciate some advice from one of you legal experts out there please.

HammyUK · 24th May 2009, 21:29

I'm sure one the site team will be alog in a minute but AFAIK the judge will bounce it.
If they have failed to comply with the cca request then its in legal default and they can't move it on until they comply ( doesn't stop them though).
Take the letters in along with your cca requests and see how longthey last.
Might be worth ringing their legal dept and pointing that out to them and see if they wake up.
I know it goes against the normal line of "no calls" but this is a bit different.

Nicegirl1 · 18th June 2009, 16:51

Just to let everyone know that the Court hearing was actually about Cohen's application to change the POC. I couldn't have known this as the Court didn't send me a copy of the application. I attended but Cohens didn't and I persuaded the Judge to dismiss their application. We'll now see if they'll try another claim and if they do, I'll be ready!

24th May 2009, 20:52	#1 (permalink)
Nicegirl1 Basic Account Holder eBay user? Find misspellings and zero-bid items Cagger since : Aug 2006 Posts: 53	Court on Wednesday with Cohens - Help! My debt with Egg was sold onto CL Finance after Egg couldn't produce a copy of the cca. I then got a court claim from Cohens describing the debt as from Barclaycard. I defended immediately and only got a letter from Cohens changing the particulars of claim a week later, they'd tried to backdate it. Cohens provided their usual reply to my defence asking for a copy of the CCA etc but despite several letters to the court and confirmation from them that Cohens have not asked officially for the particulars of claim to be changed, a hearing is listed for Wednesday 27th. Cohens told me that they would be notifying the Court about the change to the particulars but I've heard nothing from them so assume Cohens haven't actually bothered. I don't see how the Judge could make any decision given that I don't have a copy of any agreement and the particulars of claim are in question, but as this situation is a bit complicated, I'd really appreciate some advice from one of you legal experts out there please.

24th May 2009, 21:29	#2 (permalink)
HammyUK Basic Account Holder Is your bank avoiding its debts Data disclosure poll Cagger since : Mar 2009 Posts: 125	Re: Court on Wednesday with Cohens - Help! I'm sure one the site team will be alog in a minute but AFAIK the judge will bounce it. If they have failed to comply with the cca request then its in legal default and they can't move it on until they comply ( doesn't stop them though). Take the letters in along with your cca requests and see how longthey last. Might be worth ringing their legal dept and pointing that out to them and see if they wake up. I know it goes against the normal line of "no calls" but this is a bit different. __________________ Crap1 - http://www.consumeractiongroup.co.uk...edrickson.html Egg - http://www.consumeractiongroup.co.uk...mmyuk-egg.html Barclaycard - http://www.consumeractiongroup.co.uk...rclaycard.html TradePro - http://www.consumeractiongroup.co.uk...-tradepro.html

18th June 2009, 16:51	#3 (permalink)
Nicegirl1 Basic Account Holder Our auction sniper is now live. Try it for free Cagger since : Aug 2006 Posts: 53	Re: Court on Wednesday with Cohens - Help! Just to let everyone know that the Court hearing was actually about Cohen's application to change the POC. I couldn't have known this as the Court didn't send me a copy of the application. I attended but Cohens didn't and I persuaded the Judge to dismiss their application. We'll now see if they'll try another claim and if they do, I'll be ready!