CL Finance claimform - 2 GE Money Stores Cards **WON**

[tomterm8]

So, am i right in saying you've got this form?

 

http://www.hmcourts-service.gov.uk/courtfinder/forms/n149_1105.pdf

[linz2011]

Yes Tom thats the one

[tomterm8]

In which case, the answers are quite easy, really:

 

A Yes

B No (unless it is not your local clourt, in which case select Yes, and state "I am a litigant in person, and would respectfully request that the case should be transfered to XXX County Court, my local court).

C YES

D 0

E NO

F Fill in dates you can't turn up

G I have attached a copy of a disclosure letter I have sent to the claimant, and a copy of a CCA request. I have not been sent all of the requested documents.

H No

I Sign etc.

[linz2011]

thanks tom

[linz2011]

Well I have received a court date of 12th December - they send me a copy of an application form for one of the accounts and nothing for the other.

They had to pay 125 before the 15th November or it would be struck out - will check tomorrow to see if this has been paid.

 

My big question is what do I say when I go to court - dreading this but will stand my ground just need some guidance please:confused:

[tomterm8]

if they've sent you a "credit agreement" could you scan it minus personal details and post it up?

 

Does it say the type of court hearing ?

[linz2011]

Hi Tom it is a small claims hearing I have attached the application form for you

 

Many thanks

 

Linz;)

HOF.pdf

[tomterm8]

you might want peter bard to have a look at that agreement.

[Curlyben]

I agree with TT here.

While it has the prescribed terms it is an application form so s59 comes into play

[linz2011]

Hi

 

Thanks for that, is that a good thing CB, I have a feeling they will not turn up to court - i spoke to the court today and they have no info regarding the hearing fee they said they will write to me if it is struck out before the court date.

If I have to go to court what do I say????

Help - ickle bit scared.......

[mamatemi1]

Hang in there, you are in very good hands and I think you are almost done. Watching with interest. Good luck!

[linz2011]

Thanks mamate - just need to know what to expect and more importantly what to say???

[BreadAndButter]

subscribing with interest

[linz2011]

Bump:confused:

[linz2011]

bump

 

any advise on court, what to say and what to expect

 

Thanks

[linz2011]

Hi Guys

 

I have a court date on the 12th December - me versus CFL (Howard Cohen)

 

If anyone has been in court can you let me know what to expect, what to say and what happens.

 

I am a little worried and do not want to go in blind

 

Thanks for all your help;)

[itsamomentintime]

http://www.consumeractiongroup.co.uk/forum/general-debt/108467-basic-introduction-consumer-credit.html

[diskmandave]

Hi Linz...

 

Can you give us more about this??

 

What's the debt..? Who's the OC... ?

 

Can you post the PoC ?

 

Have you done all the usual stuff?? ie SAR, CCA... Etc... ?

Have you entered a defence?? Can you post if you have!

 

Watching with interest!!

[itsamomentintime]

ey up dave!

[linz2011]

Hi DMD

 

Its all here http://www.consumeractiongroup.co.uk/forum/debt-collectors-debt-collection/105086-help-particulars-claim.html

Tom has been fantastic and guided me through everything i needed to do and now the inevitable has happened and I get a date in court - I just have no idea what to say or do and I do not want to fall flat on my face at the final hurdle.

 

Thanks for looking in DMD and itsamoment

[diskmandave]

Will post on original thread to keep things in 1 place!!!

[linz2011]

ok sorry just needed a title change to gain some interest - this can be merged by a mod if possible

 

Thanks Dave

[diskmandave]

Hi Tom it is a small claims hearing I have attached the application form for you

 

Many thanks

 

Linz;)

There are parts of the alleged agreement that I can't read, simply because they are blurred.

 

Section 2(1) of the Consumer Credit (Cancellation notices and Copies of Documents) Regulations 1983 states quite specifically.....

2 Legibility of notices and copy documents and wording of prescribed Forms

(1) The lettering in every notice in a Form prescribed by these Regulations and in every copy of an executed agreement, security instrument or other document referred to in the Act and delivered or sent to a debtor, hirer or surety under any provision of the Act shall, apart from any signature, be easily legible and of a colour which is readily distinguishable from the .

 

Another string for your bow... They all add up!

 

Best wishes, Dave.

[linz2011]

where can I see a copy of the regulations? is there a link to that

 

Thanks Dave

[diskmandave]

Have requested the merge threads...