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

[pt2537]

also can i ask, where did you sign the agreement? was it in the branch or at home

[scampjet]

what they have sent is as per the letter. the agreement, the sales agreement, which is very faint and just readable, and some statements of loan account. All the statements carry loan account number. Agreement has footnote for loan account number.

[scampjet]

the agreement was signed at the branch.

[scampjet]

also hsbc t&C's attatched to agreement.

also.... a copy of the notice of assignment from CL & HSBC

[pt2537]

ok well quite frankly, they are suing for the wrong account so nowt changes however that agreement does look enforceable

apart from the fact that

it mentions the agreement is cancelable,so they would have had to send you cancellation rights as well,so there may be some mileage in that arguement, should they drop this case and start a new one

[scampjet]

the statements for the loan account show that £xxxxx was transferred to current account sept. 02. Current account statments for the same time show £xxxxxx transfer and £xxxxx deducted for Loan protection. Can,nt see any mention of insurance on agreement. I have sent challenge letter to hsbc re PPI this week, asking for return + contractual interest.... would this have any bearing to a defence as to what they are claiming.

[scampjet]

I don't quite understand what you mean about the cancellation rights!

[pt2537]

Originally Posted by scampjet

I don't quite understand what you mean about the cancellation rights!

right then

if you look on the loan agreement is expressly states that you will have the right to cancel for a short time

now that would make it cancelable


now, they have to send you details on how to cancel the agreement, if they dont, it can render the agreement unenforceable under section 64 / 127(4) CCA

as i said i feel they have ballsed up the assignment so they are claiming for an account which you dont owe nothing on so no problems

[scampjet]

thanks for giving this so much attention....I can tell your very busy and I am really grateful!

I have looked again and there does'nt appear to be anything in relation to a right to cancel. Am I right in thinking that what you are saying is that this right to cancel should be supplied as part of the original document and the 2 go together as an entity? Even though the right to cancel may have elapsed in 2002........the right to cancel should be part of the original agreement?

[scampjet]

I am concerned about the footnote at the bottom of the agreement where it says hsbc use only. this refers to Loan account number......and the number is that of the loan account.

[pt2537]

Originally Posted by scampjet

I am concerned about the footnote at the bottom of the agreement where it says hsbc use only. this refers to Loan account number......and the number is that of the loan account.

right the loan agreement should have the loan account number on it

as long as that loan number IS NOT THE ONE ON THE ASSIGNMENT or court claim form, then we are ok


as i said, wendesday appeared to be in the same position as your self, so his defence will fit yours with modification

[scampjet]

i have just noticed in the T&C's under section 9 entitled "Cancellable Agreements".

"We will post you a notice of your right to cancel this agreement when we recieve the agreement signed by all of you. Usually we will not allow the loan to be drawn until the cancellation period has ended."

strange that ........... We paid bills with it the same day!

Anyway............. is that what they should have included?

[pt2537]

yep basically, they should have sent you notice as to how you can cancel the agreement by post

[scampjet]

Loan agreement N0: x3x0x4xx2
standing order from bank account N0: x1x8x1x1
Court Claim form account N0: x1x8x1x1
Assignment account N0: x1x8x1x1

No......... There is no loan number on the assignment.

Sorry if I seem a bit slow.................Just trying to get all this to sink in!

[pt2537]

hey no problem, its good that you are taking this line and trying to get to grips with whats going on. it makes my life that much easier because at the point it goes to court, you will be understanding whats happened and what the arguments are etc

please try not to worry, we will do everything we can to help you


regards
paul

[scampjet]

Thanks again PT2537................... .Panic over for another day

I'll sleep easier now