This topic was closed on 11 March 2019. If you have a problem which is similar to the issues raised in this topic, then please start a new thread and you will get help and support there. If you would like to post up some information which is relevant to this particular topic then please flag the issue up to the site team and the thread will be reopened. - Consumer Action Group

This topic was closed on 11 March 2019. If you have a problem which is similar to the issues raised in this topic, then please start a new thread and you will get help and support there. If you would like to post up some information which is relevant to this particular topic then please flag the issue up to the site team and the thread will be reopened. - Consumer Action Group

Hi There, Don't Panic and dont respond atall. Any personal debt is statute barred after 6 years. That means it's unenforceable because the creditor has not acted "in time" to issue any Court Papers. eg A County Court Claim. A warrant of execusion can only be served after someone has LOST a County Court Claim. If you respond to the letter and the debt is yours the 6 years starts again and they can then issue a Claim against you. If you are 100% certain the debt is not yours just ignore the letter. I say this because Hillesdens are useless at what they do. Why help them. If the debt is yours still do nothing or else they can start recovery action again as contact has been made. Hope this helps pj

Hi Felix, Yes, as slick says you need to prepare your defence well. However, If you have spent on an acccount and a cca is not produced statements may be. HSBC threatened this before CL took over. So in my File I copied the name and address of the solicitors onto about 6 old statements from HSBC & changed the account number. My thought was if statements were produced I could produce my own and ask that because i have these does it mean mssrs Cohen owe this amount. Alas it was not needed on the day. The whole point to the CCA is it sets out in the terms and conditions what the debtor has to do to discharge himself from the debt. Ie pay the balance off, until a debtor has piad it all back the creditor charges interest. If no agreement is produced what have you agreed to do? In that case quite simply the creditor has lent you money without the legal redress of reclaiming back from you. If you have paid something (and this is just my opinion) you paid money as you were forced to with the threat of legal action. As a litigant in person you have researched the situation and have asked for the CCA to ascertain what has/has not, in fact, been agreed. In real terms you have not agreed to anything. So you stopped making further payments and the creditor has issued the claim. In the absence of an agreement is the claim amount correct? Is there any interest included? On what basis has it been charged? Has this been agreed? what are the prescribed terms? If your creditor produces an agreement signed by you then you have agreed. If not, you haven't. There will be no difinative answer to your question as it will depend on your specific circumstances. I just tried to think like CL finance and came up with arguments to try to stop them in their tracks. The other thing to consider is because we are defendants we have to try to cover everything. The District Judge should just cut to the chase "were is the agreement?" Hope the above helps a little. Paul

Hi All, I thought I would update as to events after the hearing last October. The DJ ordered that the £500 be paid in 14 days. That didn't happen I wrote to CL Finance and threatend them with the baliffs or drag the cheif executive in for questioning or serve a third party debt order on their bankers. Royal Bank of Scotland (but it looks like they are nearly bankrupt !!) I have done some research on this company as they have raised another claim for another unenforceable debt. Just incase you want to know -- Cl finance is part of the Lewis group which in turn is owned by a company called Cattles Cattles also own Welcome Finance who historically lend to the sub-prime market. About a month ago a load of people got made redundant at thier Hull Call centres. Cattles are wanting to become a bank and the FSA have requested that they raise a £300,000,000 before they will consider anything further. Cattles are scurring around trying to raise the cash. CL finance has no employees it is run by 8 directors and a company secratary they paid themselves £1.7million in dividends year ended dec 2007. Have a look at Cattles | Home So Welcome Finance lend it out and when people struggle, they have CL finanance to collect it. Quite a crafty loop there i thought. Anyway today the 24th January I have recieved a cheque from THEM. for the costs awarded. With regard to the other claim they have raised I got a letter from the court yesterday and the District Judge has ordered them to produce the original agreement the default notice and a breakdown of the money they are claiming. All by 4pm 2nd Feb. What fun lol Pj41

Hi All, I'm starting to get the ball rolling with Lloyds tsb bank re charges on behalf of my sister. Looking through the stickies and threads I want to make sure of the address for a DPA request can someone confirm where their data compliance manager lives, oh i mean works. Thanks in anticipation

Hi Humbleman, Well to be fair I pressed the DJ after he said he was striking out the claim. I said that the claimant had not issued a default notice but a default had been lodged with both experian and equifax on my credit file and I believed that that was unlawful. His response was well "i cannot deal with that today" I went further, and said that I had spoken at length with both experian and equifax and although they were the data holders a court order would need to be sent to CL Finance or the bank to have any default removed. DJ responded... I cannot deal with that now I think its a data protection issue. I took that on board that as this was supposed to be an allocation/directions hearing that not enough time was allocated. I was in at 3:45 and the DJ's finish at 4:00pm. Also I think he didn't want to be bothered with it, like oh that will do for another day. Just goes to show that the DJ's dont know it all. If there is a case about one thing they won't deviate into another issue. I spent hours putting my case together and it was not required on the day.Apart from my copy of my statement of truth and the wasted costs order. Just to give you an idea ..........length of hearing 10 mins. I'll deal with the default after I get the cheque from Cl finance as the DJ did say that they might resurrect the case. However, they will have to explain in detail why they didn't attend today and what documents they may have to support their case. Cheers Pj41

Hi Claire L, I'm sure they will if I ask as they have said to contact them at the end of November if I need more time. It's just fantastic that people on here know what the procedures and rules are so I (and others) can approach these companies with some knowledge of what they can and can't do. Thanks again Pj 41

Hi All, Well Attended court today and guess what? Cl finance didn't show up. The DJ struck the case out after a few very basic questions. "You've asked for some further information? (CCA request).Yes Had a response? NO Have you paid money to CL finance. NO This has been draging on since February 08 YES You know what I'm going to strike this case out. Did it cost you anything to attend today? I replied, have you a copy of my statement of Truth sir? No. I don't appear to have that. I gave him a copy, complete with a wasted costs order for his consideration. £475 (Thanks Fuzzybobble) After a few second he said and did it cost you anything to attend today? Only petrol sir, You know I'm goimg to award you £500. Thank you sir. Good-by Good-by sir and Thank you Good-by A result I recon Thanks everyone. Pj41 ps: Donation on it's way

Hi Clare L, After some discussions with eon (to be fair they have been very good in dealing with this) My revised bill came out as almost £1200. However, as per the billing code, they have credited the account to the tune of £935 leaving a balance of approx £245 and I suggested 3 months to pay it off which has been agreed. Along with a further two months if the nest bill due in November is bigger than anticipated. Thanks again Pj41

Hi Clare L, Just googgled it and found it, so no need to reply. Thanks again Pj41

Hi Clare L, Thanks for your post. Do you know where I can find the billing code so I can read it before I make contact with e-on? Thanks again Pj41

Hi all, I have lived at the same property for about 10 years and for the last nine had powergen/e-on supply both gas and electric. I get e-bills for both accounts. A while ago I was contacted by phone as I had forgot to pay the gas bill. During the conversation I was asked for a meter reading to bring us up to date. This is where something didn't add up my reading was about 16440 units and I told the bloke this reading. He said no that cant be right I'll put 1644 units and my bill was £135 or so I paid it and thought no more of it. Over the last week e-on have left messages and e-mailed me asking for my meter number and a meter reading. A bit strange I thought so I've logged in and looked at my bills from July 07 to date all estimated apart from the number i gave and was changed by their man. I've looked at my meter again and its now 17294 units the latest estimated reading on my last bill was 2003 units. That's a huge difference! I've managed to find a bill (and this is where the problem is) dated 13th May 05 states previous reading 10232 E Present reading 232 E (10,000 units missed off) total charge £0. As I was paying monthly direct debit balance brought forward £12.78 Payments £115 New balance £127.78 cr. As I paid by monthly direct debit I treated thes bills as statements really and didn't pay much attention to them. Sorry for the long post but.... What the heck do I do now? As I've quickly calculated that I've used 79,178 kwh that I've never been billed for. Thanks in anticipation as I'm a bit worried. Pj41

Thanks for that guys, Thier POC states CCA 1974 so I would bring that to the attention of the DJ if they start spouting on about CCA 2006. Nevertheless I'll hunt the site for the details just to be safe. Thanks again Pj41

Hi Slick, Thanks for that. ' Suppose all I can do is give it my best shot on the day! thanks again Pj41