CL finance issue court claim after 6 days? on disputed account

[mak71]

Well today i have just received my first ever court claim:eek:

Thought when the day finally came i might start to panic, but im nice and calm and ready to fight this all the way:D

 

Basically ge money credit card

sent for cca while still with original creditor,, they sent back front page of application form,which stated terms and conditions overleaf, but they never sent the overleaf page, just the front page.

After many times of asking for a copy of the back overleaf page a lady admitted to me on the phone they dont any longer have the original copy, just a computer stored front page one,

So account was placed into dispute,

A few months later reveived a DN, (bit iffy as no date specified ,just 21 days from receipt as the date to rectify)

 

The out of the blue today a court claim from CL finance,according to the poc,it was assigned to them just 6 days before the date on the court form,(the didnt mess about did they)

The poc says they have sent me an assignment notice, but ive received nothing at all from cl finance:confused:

 

Anyway, can someone please confirm for me,

 

1, I have 14 days to put in an aknowledgement of service( is that technically 19 allowing for service?)the date of issue was 30th March

 

2 Should i aknowledge now or wait until nearer the time limit,is there any advantage of doing now or waiting till right on the time limit,

 

3, Do i simply have 28 days from court claim issue date to file my defence regrdless of if i aknowlege now or right on the deadline,

 

And lastly when should i send the cpr disclosure letter?

Should i send it directly to CL finance or Howard Cohen solicitors?

 

thanks

Mak

[harrassed senior]

Hi - Just bumping this for you so that the guys and gals with all the knowledge will be along to assist you.

 

I would imagine you will have a field day with this one - will be following with interest.

[creditcardmug]

Hi, welcome to the club:)

 

1 yes

2. you may as well do it now if you are going to defend all

3 33 days from the date on the claim, if you acknowledge in time

 

Send it to cohens..i sent it to both..made no difference, they just flatly refused to comply

[mak71]

Thanks guys,will keep you informed

 

So do i still send the cpr request off to Cohens anyway,if so is it the sooner the better(even though they will ignore it)

 

Mak

[PGH7447]

cpr to cohens and no point in waiting, just ackowldge the claim then submit your defence within the time limit

 

and welcome to the ClueLess / HC court club

[mak71]

I have seen several different cpr letter templates,is cpr 31.14, the sticky one in legal section the best one,if not

can someone please copy and paste or send me in the right direction of the latest most upto date one,

Thanks

Mak

[Gazza112]

Hi Mac

 

Your in safe hands with Creditcardmug and other Caggers on your case.

Yes, the CPR. 31.14 ok to use, thats the one i sent to them.

Good luck with your fight, the plonkers probably get it all wrong before it goes to Court.

 

Gaz

[Genelover]

Im in exactly the same boat as you, so will follow this thread with interest! I sent CPR 31 to Howard Cohen today, can't wait to see what I get back!

 

Good luck to you, its my first court papers as well, and I was actually quite scared - until I came here!

[Gazza112]

Im in exactly the same boat as you, so will follow this thread with interest! I sent CPR 31 to Howard Cohen today, can't wait to see what I get back!

 

Good luck to you, its my first court papers as well, and I was actually quite scared - until I came here!

 

 

Genelover not a lot sent my CPR 31.14 to Cohen on the 12th March, still not had a reply from them as of yet.

 

Gaz

[Toulose LeDebt]

GE have committed a breach of guidelines/law selling on an account that is lawfully in dispute.

 

The failure of the OC to provide a CCA in fulfilment of you lawful request means that the account is unenforceable until they do. (Never from the sounds of it)

 

Do the claim, defend the entire amount. Submit a holding defence along lines of account sold whilst in dispute with OC over failure to comply CCA etc. State no documentation received as claimant has only had account six days proper defence to follow pending receipt of documentation requested under CPR etc. etc.

 

Contact GR with a WTF? letter. Inform OC you are reporting to OFT and Trading Standards.

 

Contact the DCa with a WTF? letter:- account in dispute with OC send them any proof you have they would be foolish not to drop it after you have made them aware it was in dispute with OC. Inform DCA you are reporting to OFT and Trading Standards.

 

Report to OFT / phone consumerdirect through the cd website

 

CL finance are in breach of CPR and pre court protocols.

 

 

My god GE are as desperate for cash as amex at the moment.

[mak71]

GE have committed a breach of guidelines/law selling on an account that is lawfully in dispute.

 

The failure of the OC to provide a CCA in fulfilment of you lawful request means that the account is unenforceable until they do. (Never from the sounds of it)

 

Do the claim, defend the entire amount. Submit a holding defence along lines of account sold whilst in dispute with OC over failure to comply CCA etc. State no documentation received as claimant has only had account six days proper defence to follow pending receipt of documentation requested under CPR etc. etc.

 

Contact GR with a WTF? letter. Inform OC you are reporting to OFT and Trading Standards.

 

Contact the DCa with a WTF? letter:- account in dispute with OC send them any proof you have they would be foolish not to drop it after you have made them aware it was in dispute with OC. Inform DCA you are reporting to OFT and Trading Standards.

 

Report to OFT / phone consumerdirect through the cd website

 

CL finance are in breach of CPR and pre court protocols.

 

 

My god GE are as desperate for cash as amex at the moment.

 

 

Thanks,will get letters sent off to Ge and Cl finance

will also log complaints with the appropriate authorities

 

sounds like it could be a whole lot of fun with cl finance,

 

Mak

Edited April 1, 2009 by mak71

[mak71]

Notice of assignment from cl finance just been delivered in the post,

 

Is there a strict prescribed format it has to be in,?

if so can someone please suppy a link to to somewhere which gives details of what a letter of assignment must contain.

 

Thanks

Mak

[42man]

Amazing.....no letter before action and a notice of assignment sent AFTER they issue the court claim....when is it dated ? Deos it have the logo of the original creditor on the top ?

 

I'd report them ASAP to the OFT.....

[guzzleguts]

Hi Mak

 

I received the same claim form from CL finance re G E MONEY yesterday same date on claim form and received NOTICE OF ASSIGNMENT today from cohens, G E MONEY are ment to send the NOA the one i received from cohens looks like a joke to me, and yes 6 days to issue proceedings desperate or what!

 

I also have the same DN as you 21 days to remedy creditcardmug among others think its invalid, thats good enough for me.

 

Have you got a thread going on this, i mean have you posted up a CCA or T&C's?

 

GG

[Gazza112]

Hi 42man

 

They done the same with me no letter before action, can't even believe they C..ked up the asigned date as well.

 

Gaz

[mak71]

Heres the letter, have they broken any rules?

this is all ive had ,as you can see says assigned 25th march ,letter sent to me 27th,(got the envelope its one of those uk mail ones)and then says they have submitted a court claim same day,27th March?

 

[Gazza112]

Hi Mak

 

What was the date of your Default Notice issued to you, and the remedy date of the default.

 

Gaz

[guzzleguts]

I received exactly the same NOA as you today, and i was subbed to your original thread, virtually the same CCA as you.

 

GG

[creditcardmug]

Wheres the one from GE CAP then?

 

Its no good them pronouncing the have bought it, without the other party saying they have sold it!

[mak71]

Hi Mak

 

What was the date of your Default Notice issued to you, and the remedy date of the default.

 

Gaz

 

DN, was issued 17/11.2008

with 21 days from receipt of this notice given as the date to rectify:confused:

 

Creditcardmug,ive had no correspondence from GE saying they have sold the debt:idea:

 

Mak

[creditcardmug]

DN, was issued 17/11.2008

with 21 days from receipt of this notice given as the date to rectify:confused:

 

Creditcardmug,ive had no correspondence from GE saying they have sold the debt:idea:

 

Mak

 

Did the DN give an actual DATE to remedy by?

 

Dont worry too much about the NOAs yet, you can insist on the deed and NOAs to be produced at the hearing, later on

[mak71]

Did the DN give an actual DATE to remedy by?

 

 

No, doesnt give a specific date, just 21 days from receipt of this notice,

 

could they sqeeze out of it ,as 21 days would be deemed enough even if they had posted it 2nd class

or is it cast in stone that they have to specify an actual date,Ive read alot about default notices etc, but still not sure if they can get away with a simple within 21 days of this notice,?

 

Also can they start court action so quick,or am i supposed to get a LBA letter first,?

 

Mak

[mak71]

Bump, can someone please advise on the assignment notice, does it look ok?

Should i have received something from GE too?

 

Mak

[DonkeyB]

Wheres the one from GE CAP then?

 

Its no good them pronouncing the have bought it, without the other party saying they have sold it!

 

That's because CL haven't yet gotten round to making up the NoA from GE - maybe their John Bull printing kit is broken.

[DonkeyB]

Strictly speaking an LBA isn't necessary, but it means they haven't followed CPR, so a judge would look unfavourably on their actions - I doubt they'd get costs as a result, whatever happened.