Cohens & CL Finance Claims...Please Help **WON Struck out

[kitchenboy]

well done MrP, it must be a great relief for you to have them off your back. Really happy for you.

[MR2Phil]

Well....yeah....cheers. It is and it isn't though at the moment. I still need to try and get the default wiped off as I had intended on buying a house at some point before it expires in 6 years!

I'm trying to upload the CCA they sent me but picture hosting sites are banned at my place of work, for some stupid reason (and I'm a bloody ICT teacher!!!!)

[master woody]

KB

Make sure you get EVERY-thing in writting and get the Defualt removed as a condtion of settlememt! take a look at the full and final offer template

[FANTASY CHARGES]

Originally Posted by master woody

KB

Make sure you get EVERY-thing in writting and get the Defualt removed as a condtion of settlememt! take a look at the full and final offer template

AND MAKE SURE that once they remove the default they will NOT put it back at a later date :::: trust me this has been done in the past

perhaps pt can help with the wording?

[vandermerwe]

Lucky chap MR2Phil - may it continue!

My wife was paying GE £x per month when CL bought the debt and issued a summons.

Being honest (if somewhat naive) she admitted the debt and offered the same amount to HC in payment which was accepted!!!

So she's back to square one except that she has a CCJ against her name.
Oh yes, and a series of four strokes brought on, it seems, by stress.

Huevones!

Vandermerwe

N.B. The mods. wouldn't allow the English equivalent, let alone 'huevones doble reculiados'

[pt2537]

Originally Posted by car2403

Just a quick point on Directions - when I've asked for Paul's Draft Directions, I've been to a Directions hearing where they were blankly refused as a small claim has it's own standard directions and Judges won't deviate from them because they are scared of appeals.

In fact, asking for the Special Directions has cause severe delays in hearing the claims as the Directions hearing takes place when the final small claims hearing would have been heard, then the final hearing has to be relisted again - which can add months on to your claim.

IMHO, if you want this dealt with as quickly and effectively as possible, don't ask for special directions, but instead give reasons why standard small claims directions should be given. Even if you haven't had the right documentation to date, they still have to disclose it at least 14 days before the hearing, (so, in effect, you will get the documentation) but the process is much, much smoother.

Just my opinion - it's your claim, so it's your call...

Ah ive just seen this comment, now then,

SCT does have its own standard directions but there is no harm asking IMHO, if a judge sees a justified reason then he or she may order them

now if they dont comply its game over as the directions ask for a strike out and if they dont comply you just ask for it to be thrown out of court

now there is no guarantees but if you dont ask you dont get and i disagree that asking for these directions causes delays

lets not lose sight of the fact that when filing the AQ you DO NOT know which track the case will be allocated to, so if we rely upon the principal that we may get it allocated to the SCT so we wont ask for directions , well what happens if it gets fast tracked or even multi? you are up Sh!te Creek without the paddle as you now dont have the agreement and further more you dont have any directions requested asking specifically for the documents


the direction i posted may not work every time, you will not find any that work 100% of the time but i would say its better to ask than not

[car2403]

Originally Posted by pt2537

Ah ive just seen this comment, now then,

SCT does have its own standard directions but there is no harm asking IMHO, if a judge sees a justified reason then he or she may order them

now if they dont comply its game over as the directions ask for a strike out and if they dont comply you just ask for it to be thrown out of court

now there is no guarantees but if you dont ask you dont get and i disagree that asking for these directions causes delays

lets not lose sight of the fact that when filing the AQ you DO NOT know which track the case will be allocated to, so if we rely upon the principal that we may get it allocated to the SCT so we wont ask for directions , well what happens if it gets fast tracked or even multi? you are up Sh!te Creek without the paddle as you now dont have the agreement and further more you dont have any directions requested asking specifically for the documents


the direction i posted may not work every time, you will not find any that work 100% of the time but i would say its better to ask than not

Couldn't agree more Paul, so I hope my post wasn't misunderstood.

In my case, where the directions hearing was a waste of time because the special directions where just ignored by the Judge, was clearly a case that should be on the small claims track due to the value of the claim. (Less than £2k)

If there is any doubt as to which track, I agree you would ask - even if you didn't get - because it could cause issues later on.

I may be wrong, but we haven't been told of the amount of this claim, but there is a suggestion near the middle of the thread that the outstanding amount is £700-odd.

Given that, small claims track is most likely, with special directions being ordered less likely, so I wouldn't be requesting them - if the OP does, there is likely to be a directions hearing, which will mean it will take longer to come to final trial as a result. This is only my experience, of course, which is why it's the OP's call.

[kitchenboy]

Hi car2403

Sorry the amounts claimed by CL Finance are £4.5k and £4.9k respectively. However I have only received one AQ for the case regarding the higher amount. Northampton said that they haven't responded to the other one and should be stayed as they were over the 28 days. I haven't heard anything yet so not too sure what's going on.

[kitchenboy]

Hi

well the directions have worked, the judge has ordered them to send all information required within 14 days otherwise the case will be struck out.
The other AQ has also arrived so same directions then, will be interesting to see if these work as well.

[pt2537]

Hi KB,

Glad they worked for you mate,

right what i would do here is add a quick line in the other information section pointing out that the directions have already been ordered by District Judge XXXXX in claim number XXXXX

regards
paul

[kitchenboy]

cheers Paul, will do.

[MR2Phil]

Lucky you! Howard Cohen ended up finding my docs and sending them through, just as I was thinking they'd gone missing forever!

Seems like you're only a couple of weeks away from a sweet victory! Keeping fingers crossed for you!

[master woody]

Originally Posted by MR2Phil

Lucky you! Howard Cohen ended up finding my docs and sending them through, just as I was thinking they'd gone missing forever!

Seems like you're only a couple of weeks away from a sweet victory! Keeping fingers crossed for you!

MRP who is your orginal creditor, if you don't mind me asking

[MR2Phil]

Originally Posted by master woody

MRP who is your orginal creditor, if you don't mind me asking

GE Money. To be honest, I was just glad to see the back of the case. I know I might have disappointed some by not going all the way (such is life!) but I reached a settlement figure that I was happy with (less than 50% of the total they were after) AND had it in writing that they would remove the default...I bought the clothes on the card and wanted to pay...I just didn't want to pay all the charges and interest etc.

Big weight off the shoulders!

[kitchenboy]

Hi All

What do you think of the position CL Finance have now put themselves in? Basically they are nearly out of time with regards to the court order to disclose all information required, also I had already sent CCA and SA requests in Feb.

Now should they comply with the order and send me the information in time, will they then be going to court having committed a criminal offence with regards to the CCA request? If this is the case could I then stop them from progressing with this one as well as their other claim against me?