I have a document sent to me and the court from cl finance stating that all credit agreements are stored on computer files off site and they contend that a copy is sufficient. I have for weeks to get a defence due to adjournmentt. any advice please

I have a document sent to me and the court from cl finance stating that all credit agreements are stored on computer files off site and they contend that a copy is sufficient. I have for weeks to get a defence due to adjournmentt. any advice please

Hi folks,

Could really do with some help from you learned friends on my defence

Just got a letter from the judge stating 'it is ordered that judgement be set aside on condition that the Defendant do file a defence by 4pm on 23rd March 2010.

ahh... the Word doc..

Should I send that to CL or H&C..

Should I send it recorded delivery too?

hi snoopa... thanks for your help..

We sent numerous requests for the a copy of the original credit agreement - and only received it a couple of weeks prior to the court date Tuesday.

I'll post the agreement in a few minutes..

What is lba?

http://i468.photobucket.com/albums/rr43/m4ckk/100_1131.jpg[/img]"]http://

Thanks for all your advice...

Just to confirm that H&C sent a vaguely readable credit card agreement about 4 weeks prior to attendance at CC. There was only the front page and nothing else.

No paperwork about the sale of debt from adsa to CL either.

BTW.. H&C never turned up at the CC. - Judge said they told him they wernt coming.

Can I do a statement to say that I have give up my 'half' of the property.

How can they order a sale if there is no equity??

Sent in the defence... which was accepted by the CC judge.

Then.... a letter came from CL reducing their settlement offer!!

What next??

Brief:

Separated from partner.

House in both names.

I moved out.

Interest only Mortgage £104,000.

Current Value £75000.

ASDA credit card up at £3000 limit and I cannot pay it.

Debt sold to CL Finance.

Not received letters from CL asking to pay. (partner disposed of letters)

Debt taken to CC... CCJ issued.

H&C went to CC to get Charge on property.

I found out about charge and asked CC to set aside Judgement because I knew nothing about it.. this cost £75.

Asked CL for SAR/Original Agreement... H&C said not available.

14 weeks later... still 'not available'.

Went to CC this morning to have decision/charge set aside to allow me to get a defence together. Judge gave us 28 days to file a relevant defence or the application will be thrown out.

Can post the ASDA agreement up later today...

Any help in a defence will be much appreciated... Thanks

Hi Vint.... No statement of truth or signature was submitted.

Submitted docs are on the last page of this thread...

Long story short....

Purchased a Bora from VW main agent on their finance package... px'ed my Astra (£2500 value).. in the deal.

I purchase some springs and new wheels/tyres and a different garage installed them...

Some weeks later I noticed a vibration through the steering wheel.

I took it to VW and they looked into the cause of the problem... swapped some parts and gave it me back..

The problem returned and VW tried again - FOR FOUR MONTHS!! ... without fixing the fault... I rejected the car (due to the same fault and it being considered- by their mechanic to be unsafe)...

Because I refused to take the car... eventually they sold it at auction..they have sent me a statement and invoice for the full amount to be paid.

Happy New Year All...

Update:

I sent this letter to the judge and his reply has spooked me!! Is it because it is not signed... or other reason

This is the reply from the judge... any clues?? Its got to be in by Wednesday.. Thanks

Nice One Vin1.. its all adding up...

Thanks everyone... my printer is at the ready

Any help to fill in my defence letter... it has to be in by 4pm today:confused:

Thanks, Mack

Found clause 8.. I think

BINGO! You've got them - and by their own admission!

 

I refer to the documents supplied by Cohens in their witness statement.

 

The MBNA default notice says you must remedy the breach by 24 April 2009.

 

The Cohen witness statement says that the account was assigned to CL Finance on 23 April 2009 - a day before the deadline set to remedy the breach. This is unlawful rescission of the contract.

 

The DN also refers to paragraph 8. There is no paragraph 8 in the T&Cs supplied.

 

We need to get this into your defence/witness statement somehow.

 

They will be hard pushed to win this now, irrespective of the terms in the agreement. Hopefully someone better qualified will confirm this is a correct summary of their evidence.

Thanks for all this... I sometime's cant open letters:

The T&C's wernt all posted on here.. only the first two pages.. I'll post more later tonite.

I have to have the defence in by 4pm tomorrow. WoW:(

Your name is still on some of those docs!

Thanks... altered it now.

Yes.. it came from Cohen

I'll have a good look round for the original DN and post it if found - I cant remember seeing one!

I sent 2 CCA requests with no responses... then they appeared at court with a incomplete copy.

Thanks, Mack

Iv got to pick kids up... but I'll be back on about 1.30 Thanks Mack

No mention of any credit limit.

BTW - I was asked about any other loans/CCards and she said 'I'll put a cross through because sometimes it can complicate things'

Only signed once on the front page on the copy

Also.. I asked for the original agreement back in August... they sent it to me a week prior to the court hearing (is it thrown out if not produced within 14 days?? Iv seen that on here somewhere??)

Mack

I believe that an application was completed and signed (whilst very drunk) outside MUFC. The CL legal rep in court did not give us the full copy... The judge on seeing this decided to adjourn till March.. but our defence has to be in by 4pm tomorrow.

I think I signed a application... NOT an agreement.

Mack