Help! Received Court Claim Form**WON**

[pt2537]

andy, you need to sort that letter out mate, it un-readable as it stands, i dont know whats gone wrong

 

regards

paul

[AndyOrch]

Fonts went crazy Pt

 

should be ok now

 

 

Andy

[pt2537]

Ah thats much better thanks Andy

[MR2Phil]

I didn't send a pound with my letter???? I just sent it off as advised on page 1 of this thread. Someone please tell me I haven't ballsed it up already!!

[AndyOrch]

Dont panic Phil

I said edit to suit you where not required as you have requested your information via CPR

 

 

Regards

Andy

[MR2Phil]

Phew! Cheers, Andy!!

 

Ok, I'll get that sent off then. Thanks for the continued help.

[Vulture_Bank]

the significance of this posting is not immediately obvious please bear withus

 

Originally Posted by 1706bp89

Hi,

 

Has anyone had any dealings with a debt collection agency named 'Debt Collection Services' - registered in Scotland (70 Buchanan St, Glasgow G1 3JP) and having a PO box address at 'PO BOX No. 42, West Yorkshire, BD19 3YZ.

 

I would like to know if they are still trading and if not when they ceased and also if anyone knows if they are/where registered for Data Protection/CCA purposes.

 

Any info greatly appreciated!

 

Regards, Pam

[Vulture_Bank]

Ok please read this thread after this post : which goes down the line that we believe all assignments to be equitable

 

 

http://www.consumeractiongroup.co.uk/forum/general-debt/123771-validity-debt-assignment-re.html

 

Don‘t worry about this for now then read the thread many times .

 

 

In your p.oc. Particulars of claim it says the assignment was carried out on 21st November --- which was a Wednesday -----

 

Now your letter from cohen’s is dated Friday 23rd November

 

Now turn the envelope which is a UK MAIL EXPRESS PARCELS & MAIL WHITE ENVELOPE OVER AND TELL US THE CODED DATE on the back note also the return address is p.o. box 42 west Yorkshire bd19 3yz (see previous post)

What date can you read ?? --- what this date proves is that the letter was either just starting on its travels or whatever ---

 

basically uk mail takes the letter from cohens transports is so far then gives it to the local royal mail sorting office to deliver

 

 

 

See uk mail 9 google it to get to their website) for “inflated” promises about delivery time.

 

 

Now the letter from cohen’s is dated 23rd November which happens to be a Friday .

 

 

Look carefully at it and it says the assignment was dated 21st November and it also says those magic ( or tragic from cohens point of view ) assigned to CL finance limited absolutely

Now we all know

 

 

“in the case of legal assignment however notice is necessary in order to complete the assignment as between the assignor and the assignee -- but in the case of equitable assignment the assignment is complete as between assignor and assignee as soon as the agreement has been entered into regardless of whether notice has , or has not been given to the debtor. ”

 

 

Now the 26th November the date of filing in the Northampton court was a Monday

 

 

So on 26th November the absolute assignment was invalid … and the case should be struck out ………..

 

 

The date of service seems to give 5 days now ???? So 23+5= 28th November “unlucky cohens”

 

 

So you will have if necessary to pay this “******” off meaning January and the satisfaction that they have wasted time and money

 

 

 

So the question is just who is at p o box 42 west Yorkshire BD19 3yz (as per previous post ??

[Vulture_Bank]

http://www.consumeractiongroup.co.uk/forum/show-post/post-1290280.html

 

the link above also shows two more links to excellent posts from may 2007

[MR2Phil]

Thanks for that...I will have a look at the date on my Notice of Assignment letter etc and have a proper read of the links you have supplied tonight.

[MR2Phil]

Can someone just confirm for me that the address to use for correspondence with the court is the one in the top right of the claim form? In my case:

 

County Court Bulk Centre

4th Floor

St Katerines House

21-27 St Katherines Street

Northampton

NN1 2LH

 

Thanks

[AndyOrch]

Correct Phil

 

 

Andy

[MR2Phil]

Thanks Andy.

 

Right, notice that I have requested the documents has gone off to the court. Had two letters waiting for me when I got home this afternoon:

 

1. Letter from Halifax offering half my credit card charges back. Nice, but I want all of them!

 

2. Letter from CL Finance threatening me that I should pay up NOW. Which was not so nice!

 

Anyway, its weird because I could SWEAR that I am waiting for them to do as they've been asked and send me the documentation! I have taken this to (possibly) mean that they can't get my docs together so are resorting to bully-boy scare tactics?

 

So far, against them, I have:

 

No recollection of receiving default notice in the first place

No time from them to reasonably sort this, despite my repeated attempts to pay GE Capital while the debt was with them

No sign of any documents, despite being well past 14 days now

Some dubiousness surrounding date of assignment of debt

Threatening letter

 

One BAD thing though...I was asked to check the date on the envelope of the Notice of Assignment...I don't have it. I have the letter but not the envelope.

[Vulture_Bank]

Thanks Andy.

 

Right, notice that I have requested the documents has gone off to the court. Had two letters waiting for me when I got home this afternoon:

 

1. Letter from Halifax offering half my credit card charges back. Nice, but I want all of them!

 

2. Letter from CL Finance threatening me that I should pay up NOW. Which was not so nice!

 

Anyway, its weird because I could SWEAR that I am waiting for them to do as they've been asked and send me the documentation! I have taken this to (possibly) mean that they can't get my docs together so are resorting to bully-boy scare tactics?

 

So far, against them, I have:

 

No recollection of receiving default notice in the first place

No time from them to reasonably sort this, despite my repeated attempts to pay GE Capital while the debt was with them

No sign of any documents, despite being well past 14 days now

Some dubiousness surrounding date of assignment of debt

Threatening letter

 

One BAD thing though...I was asked to check the date on the envelope of the Notice of Assignment...I don't have it. I have the letter but not the envelope.

 

well in this instance it will be ok ( but very seriously to all readers when you get a letter you staple the envelope to the back and write in pencil the date received more and more of this mail is going to come by uk mail or whatever and not 100% royal mail

because the dates on the cohen letter will be after the date of the assignation and it will be invalid

[MR2Phil]

How will it be ok? Sorry, I've read your info on assignment and the dates etc but I didn't quite understand what you were getting at...can you put it into dumbass English for me, please?! lol

[The GodMother]

well in this instance it will be ok ( but very seriously to all readers when you get a letter you staple the envelope to the back and write in pencil the date received more and more of this mail is going to come by uk mail or whatever and not 100% royal mail

because the dates on the cohen letter will be after the date of the assignation and it will be invalid

 

What a lot of ppl dont actually no is all mail is delivered buy royal mail as the other companys dont have posties.

 

UK Mail have a contract with royal mail so that royal mail delivers the mail at a percentage of the profits of uk mail.

 

If you can what l would do is look to see who actually delivers the mail which states it was delivered by uk mail.

 

Chrissi

[MR2Phil]

Yes, it was a UK Mail letter. Letter itself was dated 23rd November 2007. I just wanted Vulture Bank to explain what the significance of the dates for me. Assignment was passed on 21st November.

[FANTASY CHARGES]

Yes, it was a UK Mail letter. Letter itself was dated 23rd November 2007. I just wanted Vulture Bank to explain what the significance of the dates for me. Assignment was passed on 21st November.

 

 

note to

god !!!

 

 

when you get a uk mail letter delivered by the royal mail postie look at the reverse !!!

 

 

20. Notice in writing.

 

In order that the assignee may obtain the benefit of the Law of Property Act 1925, express notice in writing of the assignment must be given to the debtor, trustee or other person 1from whom the assignor would have been entitled to claim the debt or the chose or thing in action 2Where there are joint debtors and covenantors, notice to one who is a bankrupt is unnecessary3.

The notice need not be formal4, and need not be written with the intention that it should perform the function of giving notice5; but it must be given even though the debtor cannot read6.

 

The assignment only operates under the Act as from the date of the notice7, that is, the date on which it is received by or on behalf of the debtor8.

 

If the debt is released or extinguished by payment or otherwise before notice is given, there is no transfer under the Act9.

 

It has been held that if the date of the assignment is wrongly stated the notice is ineffectual10, though if no date is given at all the notice may be good11.

 

It may also be ineffectual if it does not state the amount of the debt correctly12.

 

.................

 

basically this means they must start again with a new case but would give you time to get the ca$h together should you in the unlikely event decide to cough up

[MR2Phil]

So.......the assignment notice wasn't received in time by me or they didn't own the debt before they sent court papers?

 

I also thought that I had to receive notice of assignment from the origincal creditor? (In this case, GE Capital?)

[FANTASY CHARGES]

Yes, it was a UK Mail letter. Letter itself was dated 23rd November 2007. I just wanted Vulture Bank to explain what the significance of the dates for me. Assignment was passed on 21st November.

does the howard cohen letter mention the words "assigned to cl finance absolutely a debt in the sum .................. " ?

[MR2Phil]

Yes, it does, FC.

[FANTASY CHARGES]

Yes, it does, FC.

 

 

ownership is still with ge then . they have to re-issue the case in court which takes time

 

perhaps someone could suggest a strategy

 

(a) ask for case to be struck out

 

(b) defend and if they can't find the document they ask for a stay if the judge does not spot the error in assignment and strike it out

 

© defend and when they come up with a valid agreement knock them out over the the defective assignment -- so they have to start again but you might have the money by then ?

[MR2Phil]

Guys, my defence needs to be in by 29th December, as mentioned elsewhere in this thread. I have still not received anything from CL Finance with regards to the request I made for the documentation. I have informed the court of this and saying that I am unable to defend until I know what I am defending.

 

What do I actually need to submit to the court by this date? If I do nothing then I assume CL will be awarded judgement. I was laying awake in bed last night thinking that the date is getting near, what with the Christmas period looming etc.

 

Can someone please advise me on what I need to do in the light of nothing arriving from CL. Also, what happens if the docs DO turn up between, say, now and the 29th and I don't have ample time in which to construct a defence? I am intending on defending on numerous points, not least of which the fact that the amount they are requesting is made up of lots of unlawful penalty charges.

 

Thanks

[pt2537]

Hi Phil

 

Right then

 

here what i suggest we do,

 

this evening i will post up a suggested defence for you to use based upon the fact thatthe claimant has failed to disclose the requested documents and without a valid CCA they are not entitled to take this action

 

then its up to you to assess if you are happy to use it or not, if you are you will need to fill in the blanks with you own info and print it off and send it to the court by special delivery

 

the usual rules apply, im not a qualified lawyer so any advice i give is purely as a layman and is my own opinion

 

Regards

paul

[FANTASY CHARGES]

Guys, my defence needs to be in by 29th December, as mentioned elsewhere in this thread. I have still not received anything from CL Finance with regards to the request I made for the documentation. I have informed the court of this and saying that I am unable to defend until I know what I am defending.

 

What do I actually need to submit to the court by this date? If I do nothing then I assume CL will be awarded judgement. I was laying awake in bed last night thinking that the date is getting near, what with the Christmas period looming etc.

 

Can someone please advise me on what I need to do in the light of nothing arriving from CL. Also, what happens if the docs DO turn up between, say, now and the 29th and I don't have ample time in which to construct a defence? I am intending on defending on numerous points, not least of which the fact that the amount they are requesting is made up of lots of unlawful penalty charges.

 

Thanks

 

just looked 29th is a saturday [ strictly speaking but you could argue it's their fault they were not open to receive your special delivery on a saturday]

so to avoid any doubt the latest you can post it is the 27th december and at that would post it special delivery before 9 am (which costs a lot : [delivery by 1pm costs £4.70 in a pre-paid envelope - which we recommend meaning use one of their envelopes]--- so buy it before christmas ) --

 

i would ring the northampton court and ask what are the opening hours over the holidays ---- we noticed one day after a holiday the LOCAL court did not open ... be safe