CL Finance taking me to court for bank account made up of charges!!! HELP!!!

vinegarvera · 29th July 2008, 20:07

Someone help me!!
I had a bank account with smile that has gone more and more overdrawn and which i have written to them to refund the charges- this account was passed to incasso who I wrote to and advised of situation.
On 9th July I received a letter from Lewis debt recovery acting for CL Finance to advise they they now owned the debt and that if it was not paid by 19th July, they would take further action.
Today I have received Court claim forms from CL Finance for this account plus a credit card I had with Smile of which I attatch CCA which is completely unreadable and have since requested all statements, and deed of assignment from incasso.
I dont know what to do any help anyone PLEASE!!!!!!?????

http://i183.photobucket.com/albums/x...era/SMILE1.jpg

http://i183.photobucket.com/albums/x...era/Smile2.jpg

pt2537 · 29th July 2008, 20:13

what's the particulars of claim?

vinegarvera · 29th July 2008, 20:20

Hi PT
Thanks for your speedy reply
Credit Card:
The Claimant's claimis for the sum of XXX.XX being monies due from the defendant to the claimant under a regulated credit agreement made in writing between the Dfendant and Claimant under reference XXXXXX.

The Defendant has failed to make payment in accordance with the terms of the agreement and a default notice has been served upon the defendant pursuant to section 87 (1) of the Consumer Credit Act 1974.

The Claimant claims the sum of XXXX.XX

adamski · 29th July 2008, 20:23

cannot see the first image

vinegarvera · 29th July 2008, 20:26

Bank account:
"The Claimants claim is for the sum of XXX.XX being monies due from the defendant to the Claimant under an overdrawn bank account originated with the Co-operative Bank PLC under reference XXXXXXXXX and assigned to the Claimant on the 28 May 2008 notice of which has been given to the Defendant.

The account was maintained without sufficient funds to meet withdrawals made by the defendant.

The Claimant claims the sum of XXX.XX"

Any help would be GREATLY appreciated I feel I am out of my depth.

pt2537 · 29th July 2008, 20:27

Right, but its CL who are taking you to court?

so this would be a assigned debt and i note a distinct lack of the word "Assigned" from the POCs relating to the Credit Card

that could cause them a few probs

pt2537 · 29th July 2008, 20:30

thread moved to Legal where its better placed

vinegarvera · 29th July 2008, 20:30

http://i183.photobucket.com/albums/x...era/SMILE1.jpg

vinegarvera · 29th July 2008, 20:39

Claimant: CL finance.
Adress for sending documents: Howard Cohen and Co Solicitors.

On the last letter from Lewis debt recovery there is a small box which states:

"Notice of assignment
(Then an incorrect name)
We hereby give you notice that the Co-Op bank of 101 Baloon Street M60 0AL have by an Assignment dated 28 May , 2008 and made between The Co Op bank PLC and CL Finance Limited assigned to CL Finance Limited absolutely a debt in the sum of XXX.XX due and owing by you to them for the balance due under account reference XXXXXXXX and you are required to pay the same to the benefit of CL Finance Limited accordingly.
Dated 9th July, 2008.

vinegarvera · 29th July 2008, 21:47

Also, I have never received a default notice for either account.

vinegarvera · 29th July 2008, 22:21

Could someone advise me of my next move- what do I write to the court?

vinegarvera · 30th July 2008, 01:02

Well, I have acknowledged the claims on line, now I am stuck for preparing a defence.
All this legal jargon may as well be a foreign language to me!!!!

pt2537 · 30th July 2008, 01:04

dont worry , you have 28 days to file a defence so no panic, we can help you

vinegarvera · 30th July 2008, 01:39

Thanks so much PT was involved in a car accident this afternoon and then came home to this.
?have been stressing big time!!
Going to try to get some sleep now safe in the knowledge that I can depend on my CAG freinds when I need them.

vinegarvera · 1st August 2008, 19:31

Do I need to do anyhting else in the interim?

vinegarvera · 4th August 2008, 17:55

I in tend to defend the current account as they owe me more back in charges, however could someone look at the cca for the card to see if I have a leg to stand on if not thinking may make them an offer- or is it too late for that?

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