lynpax
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Posts posted by lynpax
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Yes. The amount they're claiming for is £540. I've also recieved a letter today from Cohens, "Without Prejudice" saying basically their client is willing to settle for £430.
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I've recieved a letter from the court on xmas eve.
IT IS ORDERED THAT
The district judge has considered your case is suitable for mediation. The court mediator has been asked to invite you to use the free Small Claims Mediation Service, if you wish to take up this offer, please contact the Court Mediator within 7 days. (Phone No. Supplied).
Any advice?
Thanks.
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Thanks GL. Just reading all the threads on HC & Co. Been so busy in work lately and have forgot about this......but will be giving this all my attention for a few weeks.
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Filed my AQ today. CL Finance have still not sent me Default notices or all statements, although the CA looks good.
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Hi lynpax, first off take the claim number off that post above, we dont want you to be identified by "anyone".
Have you received/filled in an Allocation Questionaire, from the dates you have given, this all looks a bit protracted.
Have not received an AQ.
TBH I know I owe the debt and it's not that i'm disputing, it's the amount they're trying to claim. When the debt was with Viking I owed approx £270. I was making payments when I could but they suddenly sold the debt to these.
I phoned the court on Thursday to see where the claim was upto and the clerk just said I can still file a defence as they'd not done anything other than issue it. It was only after reading a lot of the threads in this section that I thought i'd defend TBH.
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Hi, thanks for the reply. I sent this defence to the court yesterday. After reading a lot of threads it seemed to be a pretty standard defence, as they haven't furnished me with everything I requested.
Plus there is about £100 in late payment fees on the account.
I'd appreciate any info/pointers on where i'm at at the mo.
IN THE NORTHAMPTON (CCBC) COUNTY COURT
CLAIM NUMBER **********
BETWEEN:
CL FINANCE LIMITED
Claimant
And
Lynpax
Defendant
DEFENCE
1. On 14 July 2008 CL FINANCE LIMITED commenced proceedings against the defendant for £***** plus interest, a debt allegedly incurred under a credit agreement between the defendant and GE Capital Bank Ltd 2. The Claimant states the debt was assigned them by a deed of assignment dated 9 July 2008.3. The defendant does not admit or deny the debt, but puts the claimant to strict proof thereof.4. The defendant has not received a valid notice of assignment for the alleged debt from the original creditor and therefore put the claimant to strict proof that privity of contract exists between the claimant and Defendant.
6. The claimant’s solicitors were requested by letter dated 15 July 2008 to produce the following various documents under Part 18.1 of the Civil Procedure Rules viz., a copy of the executed credit agreement, a true copy of the alleged assignment and any default notice from the original creditor together with some form of proof of postage that this notice was sent to the correct address and was served with the proper notice before this claim was submitted.7. To date, the claimant’s solicitors have acknowledged the request, but have not supplied the full requested documentation.8. The defendant has not received a copy of any default notice from the claimant, and asks that the claimant provides the court with a true copy of such a notice, and with some form of proof of postage that this notice was sent to the correct address and was served with the proper notice before this claim was submitted.9. The defendant respectfully asks the court to order the disclosure of the credit agreement, notice of default in the form required by the Consumer Credit Act 1974, and notice of assignment in the form required by the Law of Property Act 1925.The defendant also requests that the court order the claimant to disclose a list of all charges made to the account and a list of the costs associated with each charge for the last 6 years in order for them to prove that the debt amounts to the amount claimed.10. The defendant also respectfully asks the permission of the court to amend this defence when the above documents are provided by the claimant.
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Hello, was issued a court claim on 17/7/08 from Northampton CC.
After reading a few threads on here i decided to defend (online). Just to give me a bit of time.
I subsequently responded by requesting info under part 18 cpr.
I recieved nothing until 27/9/08.
They've sent me the CA and past statements (some missing).
I've also recieved a NoA from Howard Cohen saying that CL finance have been assigned this debt as from 7/7/08.
Any advice?
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Haven't posted for a while, just to let you know, I re-claimed again for the same account.
They settled in full after the Prelim letter.
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The letter was from HSBC, not their solicitors.
I'll try anyway.
Thanks.
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S.A.R sent 19/3/07
My account has been closed for about a year, but i'm sure there's charges there somewhere!!!
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Settled in full.
I'll have to remember to do these claims one at a time in future!!! I can't keep up!
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I've just noticed that I never told you I won, lol
Well they paid me all of it back anyway, and a donation was made.
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Can someone please tell me if I can start a new claim, HSBC took £100 last month in charges.
When I settled last time they sent me a letter to sign and return, i've checked what I signed, and all it says is "For commercial reasons alone, and without any liability whatsoever, HSBC is prepared to make a payment to you in the sum of £**** in full and final settlement of this matter"
Does the bit where they say "Full & Final Settlement" mean I can't claim agian?
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***SETTLED IN FULL***
I WON .
Money credited to account £ 365.34
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Claim 7QZ13162
Issued 5/2/07
Charges £300
Interest £15.34
Costs £50
Total £365.54
Acknowledged 7/2/07
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They have until the 7th March to file a defence. Have heard nothing yet. Funnily enough, they've also stopped the telephone calls to my home address! They're up to something!
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Acknowledgment of service recieved 10/2/07
They intend to defend all the claim.
Am I right in thinking I wait to here their defence now?
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Claim Issued 02/02/07,After 2 letters from them offering me £12 for each charge.
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From Oct 05-Nov 06 (Mainly)
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when were your unlawful charges incurred?
Late Payment Charges.
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Late Payment Charges.
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Did you claim contractual interest?
Yes. Why does it look wrong?
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27th Nov - Prelim Sent asking for £155
Heard nothing so...
12th Dec sent L.B.A
15th December, recieved a letter saying that as a gesture of goodwill they will credit my account with £77.50, and also added that 'We've noted your threat of court action, and are confident about winning, as our charges are lawfull etc.
Sent the letter rejecting the offer, only as a part payment etc.
8th Jan 2007......MCOL for £199.69 (£155-Charges, £30 Court Costs, £14.59 Interest)
They've got 14 Days.
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Thanks.
County Court Claim (Howard Cohen/CL Finance)
in Financial Legal Issues
Posted
Thanks GL.
I've already claimed for some of the charges but a lot more charges & interest seems to have been added.
I'm gonna phone the mediator on monday and see what exactly they expect me to do. As Cohen's have obviously issued the claim without having all the correct aggreements etc.