CL Finance Ltd. Recieved a court claim form**WON** Discontinued

[scampjet]

No problem to ask this, I appreciate that you are making sure you have all the facts. This is only to your credit!

Yes A CCA request was dated 23/12/07 and sent 24th. I had'nt noticed the account numbers then, but sent the request when they first sent a letter for not paying enough according to the DMP. Originally we recieved a letter as detailed in my first post and then the "You have defaulted on your agreed Payments letter", then the court claim form after. I included A CCA request with my explanation for the reduced payments. As below.
I recieved nothing from them until the court claim. No "Letter Before Action" as far as I can recall. I have not as yet sent CCA to HSBC but I will do so, in the hope that I will be able to dispute the amount of the debt they bought as it was mis-sold to them by HSBC (just in case they've got the right paperwork)

......................... ......................... ......................... ......................... ....

Thank you for your letters as dated above.

It would seem that you were not informed by H.S.B.C. regarding the new terms which we have had to apply to our D.M.P. with the CCC,s.

We wrote to H.S.B.C. last September when my wife lost her job with the local authority and informed them that until such time as she regained employment, we were forced to reduce the level of payments we made to all our creditors. We also informed the CCCS and asked them to do the same and as far as we are aware, they did so.
While it has been stressed that this was to be a temporary arrangement, I assume this to be the reason has assigned the balance to you.

However, I am pleased to inform you that my wife’s employment situation has now been resolved as of 18th December. Your level of payment will obviously not have increased by Decembers payment date (25th) from the CCCs but subsequent payments will be higher when we are fully aware of what we can afford to pay. We are due for an account review with their CCCs in January 2008 and as such your payments should increase accordingly.

Meanwhile, I note on your letter the statement “Notice Of Assignment”. I further notice that this statement does not carry a signature from the H.S.B.C.

As has been stressed before, we are doing all we can to alleviate our present position and repay our creditors. In doing this however, it has become necessary for us to ensure the exact levels of our debts to all our creditors and also to further protect ourselves, their entitlement to collect the debts to which they lay claim.

You will appreciate that there are many unscrupulous companies within the financial industry, and though I do not doubt your integrity, I must establish your position also. To this end I enclose a PO to the sum of £1.00 to facilitate a CCA request and ask that you send me a copy of the agreement duly signed by HSBC and I trust that you are aware of the timescale involved.

I appreciate that you have purchased this debt I good faith from HSBC and we will continue to pay via our DMP according to our ability, but we cannot do more than this, nor can any creditor be prioritised. I have enclosed a copy of our currently revised financial statement and also a copy of the original, (neither of which were disputed by HSBC) for your perusal. Please be assured that these arrangements will be adhered to, to the best of our ability.

Further to the above, the level of this debt to the HSBC has been reached with the addition of interest which far exceeds the original balance and as such I intend to investigate this. It may also be the case that as a PPI payment was included as a one off payment to the original loan, this may have been miss-sold and may be reclaimed. I am not in possession of the original agreement for this loan and cannot as yet verify that the above is true, but if it transpires that this is the case, any returned payment from the HSBC will result in a corresponding reduction to the balance I owe yourselves as this portion of the debt should never have been sold to you.

I trust that his helps to clarify our position in this matter and look forward to your continued understanding.


AND THEN CAME THE COURT CLAIM

[scampjet]

Do I have a problem????????

Since HSBC passed our debt on to Metropolitan Collections and then to CL Finance we have been making payments via our DMP to the account number they are claiming for. Although no account exists for this number, I am concerned that in making these payments I am admitting liability for the debt. I would not like to defend all of the claim only to be asked why I am paying it!

[wednesday1867]

Im not legally minded, but i can give you my view

This is what id do or did....

Id carry on paying up until you receive a copy of your agreement or unitl their deadline passes, i would then send them a letter saying something along the lines of " i sent you a cca request dated xx/xx/xx you have failed to supply any such document, so as per the Consumer Credit Act, you had 12 days to supply it, if after a further 30 you have failed to supply it,you have committed an offence. The account becomes unenforcable, so at this point, my payments will cease up until such time you provide me the documents i am legally enititled."

Im no good with legal stuff, so im not sure how this claim against you, could be turned round to your benefit, not having the agreement is a massive benefit, but they yet could supply it, my managed loan was done over the phone and i dont remember having to sign for it, was it the same for you, or did you visit a branch?

But if you do go to court and you have continued paying, that surely looks good on your part, as you have kept them in the loop informed them when your partner left work and when she has now found employment, your willing to re raise back to the previous amount they were happy with, common sense says a Judge would just let you carry on., but then again how many times does common sense prevail.

It all comes down to the wrong account numbers and if they supply an agreement.

My advice might be wrong on all points

Lets hope they see the error of their ways, like they did with me.

[scampjet]

If they have no agreement on top of claiming for the wrong account all the better. But I would certainly ask the question why the debt was still being paid if I have said it was not owed. I am willing to dispute on the basis of no agreement or the wrong account number, but I have read that it is not the CCC's policy to not pay because an account is in dispute. I do'nt want to "rock the boat" with any other creditors being paid by the CCCs and I'm afraid that if I try to insist on The CCC not paying CL they will no longer act on our behalf.

[wednesday1867]

I was with Payplan, i informed them of the situation, they just then re calculated and spread the money between the ones who i said i still wanted to pay.

[scampjet]

I knew I'd seen it somwhere! In my other thread..http://www.consumeractiongroup.co.uk...ittlewoods.htm
Rory32.......says it's against the CCC's policy to stop payments

[scampjet]

Hello all,

I have tried to complete the AOS on moneyclaim website and I have found my password does'nt work. My wife and I are both defendants we have recieved identical claim forms. Her password does work but when used it gives my name as the defendant. I do not want to make a mistake with this form. Is this just a case of one password being used for each of us? We cannot sign the form with both names.

[pt2537]

Originally Posted by scampjet

Hello all,

I have tried to complete the AOS on moneyclaim website and I have found my password does'nt work. My wife and I are both defendants we have recieved identical claim forms. Her password does work but when used it gives my name as the defendant. I do not want to make a mistake with this form. Is this just a case of one password being used for each of us? We cannot sign the form with both names.

Hi Scampjet,

i will be totally honest, i dont use the MCol so i have no idea, the best thing to do is contact the court and seek their advice in the morning

the telephone number should be in the top right corner of the claim form

regards
paul

[pt2537]

Originally Posted by scampjet

If they have no agreement on top of claiming for the wrong account all the better. But I would certainly ask the question why the debt was still being paid if I have said it was not owed. I am willing to dispute on the basis of no agreement or the wrong account number, but I have read that it is not the CCC's policy to not pay because an account is in dispute. I do'nt want to "rock the boat" with any other creditors being paid by the CCCs and I'm afraid that if I try to insist on The CCC not paying CL they will no longer act on our behalf.

Have you pointed out to CCCS that there is infact no debt under that account number so therefore they should cease all payments to them as there is no debt!!

[pt2537]

Have you contacted the court as i suggested in post 28?

also, RE your concerns with CCCS , it may be worth speaking to them about the fact that you have discovered that there is no debt on that account to pay, there for payments should be stopped.

if CCCS chose to stop helping, then dont panic as there are other debt help companies out there, National Debtline are a charity who would help you deal with your creditors.

that said i really dont see what they can say as you have hard proof that NO DEBT exists on that Account Number

Regards
paul

[scampjet]

Hi,

No I haven't telephoned the court, We've just sent the AOS this morning Special Delivery as you suggested. My wife has emailed the CCCs to tell them that we have two creditors who we are presently in dispute with as they have not supplied CCA, and asked them whether they would consider doing so.

We feel that now we have done this, if they will not stop payments we may now be able to defend this in court as something we had to accept in order to maintain the arrangements we have with other creditors. We have also looked at the alternative of other plans. Unfortunately, the CCCs have said that at the present level of payments the plan would be over the maximum term over which they would normally arrange it. They have said that they will keep it as is for now over the next year, so it is imperative that we reduce the total amount owed by whatever means possible. CL finance have jumped the gun a bit as we were attempting to try to deal with others over a period of time. But I suppose it is no bad thing that we have been spurred into action now!

[scampjet]

AOS confirmed delivered by track& trace. 16/1.

CL finance information request delivered 14/1.

Could not phone court today so no defence date yet.

I suppose I just wait for a bit now?

[pt2537]

Hey Scampjet,

as long as youve sent the AOS stating youre going to defend then thats fine,

its a wait and see what they turn up for now

when it gets closer to the time for filing your defence,give me a shout and i will see what we can do.

i would say that Wednesdays defence i posted would be something which with a very minor tweak could be used for your case as they are both the same

[scampjet]

Court confirmed defence must be in by 14th Feb.


Email from CCC,s explains the consequences of non compliance to CCA request and says we may dispute the debt...................bu t the will not stop payments to creditors.

[pt2537]

hi scampjet

maybe its better put that the account is clear, you have evidence to that effect. so rather than actually disputing it, they should be considering the fact that account number 123456 is paid off in full so it must be stopped

thats how i would put it to them


regards
paul