CL/Cohen court claim form - old HSBC Loan debt need help

[aBitofaPickle]

OK, received notification that court has been moved to my local one, and have an Allocation Questionnaire which I really do not know how to fill in. Again any advice on procedure gratefully received.

I've not received any response to my RE: REQUEST FOR INFORMATION ‘CPR 18.1’ sent 22-12-07

[pt2537]

Hi

can i ask what form it is you have? is it a N150 or is it N149?

[aBitofaPickle]

It is N150

[pt2537]

Ok, well

 

if you go to this section here http://www.consumeractiongroup.co.uk/forum/legal-issues/131499-directions-n150-n149-allocation.html

 

i posted a set of directions and draft orders to go with the AQ and they are flexible so that they can transfer to the N149 or N150

 

now, do you know what to do with the actual form? what parts do you need help with?

[aBitofaPickle]

Thanks for that PT.

 

I want to make sure I make no errors, so the rest of the form

 

A. Settlement - I assume I answer no to this?

B. Location of Trial - I want it heard at the court it has been moved to now, do I answer yes and state that court, or no and it is heard there anyway?

C. Pre-action protocols - I don't know what these are

D.

• Amount - Do I put the amount they are asking me to pay?
  
• Case management information, Have I already made applications in this case? - I am not sure if that is the letter requesting information that I have sent?
  
• Witnesses - Do I put me there?
  
• Experts - I assume no to all of these
  
• Track - the other thread reads small claims, but this is for over £6000?

E. Trial or hearing - How long do I estimate it will take?

F. Proposed Directions - ?

[aBitofaPickle]

Anyone? I have to get this form back today.

[pt2537]

Thanks for that PT.

 

I want to make sure I make no errors, so the rest of the form

 

A. Settlement - I assume I answer no to this? up to you but i would say no

B. Location of Trial - I want it heard at the court it has been moved to now, do I answer yes and state that court, or no and it is heard there anyway? NO

C. Pre-action protocols - I don't know what these are PART 2 NO

D.

• Amount - Do I put the amount they are asking me to pay? the amount they are claiming in total
  
• Case management information, Have I already made applications in this case? - I am not sure if that is the letter requesting information that I have sent?
  
• Witnesses - Do I put me there? YES as a witness of fact
  
• Experts - I assume no to all of these NO
  
• Track - the other thread reads small claims, but this is for over £6000? well its up to you, over £5K is Fast track

E. Trial or hearing - How long do I estimate it will take? 2.5 hours

F. Proposed Directions - ? yes to part 1 no to part 2

 

 

 

ok hopefully that solves your probs

 

now then,in the large box under section H write the following

 

 

Please find the following attached to this allocation questionnaire;

 

1) Section H - other information

2) Draft order for directions

 

This allocation questionnaire and its attachments were sent to the claimant on **/**/2008.

 

then use the Draft order for directions i posted along with the second document i posted amending the second documents title to Section H other info

 

here is the link http://www.consumeractiongroup.co.uk/forum/legal-issues/131499-directions-n150-n149-allocation.html

 

 

any questions?

[aBitofaPickle]

Thank you very much, done and ready to post.

[la23hin]

subscribing

 

have similar case

[aBitofaPickle]

Sent and heard nothing back yet, what should be the next move?

[Docman]

Sent and heard nothing back yet, what should be the next move?

 

I think you just have to wait until the court send a trial date with directions. You can always ring the court to confirm that they have your AQ but basically its now up to the court.

[aBitofaPickle]

OK, latest update. Yesterday I received a letter from Cohen.

 

We refer to the above matter.

 

In particular, we refer to the defence, which you have filed in this matter.

 

Please be advised that the account in question relates to your FD current account number..... which was assigned to our client by HSBC on 28/09/07. Please find enclosed a copy of the NOA letter sent to you 30/10/07.

 

They go on to say it was sent to an old address and returned, and that they got my new address when they contacted me by telephone one the 27/11/07.

 

Please also find enclosed a copy of the credit agreement and available monthly statements. As you are aware your Personal Loan Account (also with FD) was closed and transferred to your First Direct Current Account on 08/07/05, due to the arrears that had accumulated on your Personal Loan Account. I don't remember this, but it could be right.

 

Since 13/07/05 your account was dealt with by MCS, before the debt was purchased by CL Finance.

 

We were not obligated to provide this information and will only provide you with any further documents if ordered to do so by the court.

 

We will prove the claim under the normal rules of evidence in circumstances such as these.

 

Therefore we now invite you to withdraw your defence and our client may allow you repay the debt owing by consent order upon sight of your income and expenditure details.

Alternatively our client will acept payment of £5500.00 in full and final settlement within 28 days.

 

If you fail to contact us, we will have no alternative but to progress this claim to a small claims hearing where a DJ will determine the outcome and you may become liable for further costs.

 

We trust this clarifies the position.

 

--------------------

 

Enclosed with this is a copy of a letter from CL finance dated 30/10/07 with a NOA at the bottom of it which reads.

 

We hereby give notice that HSBC bank....have by an assignment dated 28/09/07 and made between HSBC and CL finance assigned to CL Finance absolutley a debt in the sum of £6145. due and owing by you to them for the balance due under Account reference ......and you are required to pay the same to the benefit of CL accordingly.

 

There is a copy of the cheque and savings account application to FD signed by me 20/9/94. the most relelvant section of that (I think) is a line in the decalration and agreement which reads

 

I/We apply for the FD account and agree to be bound by your principal Terms and Conditions (of which a copy will be sent to me/us if my/our application is succesful) as varied from time to time.

 

Then there are 8 pages of copied FD statements with sheet numbers 001-008, the account is all in order, no debit balance. The last sheet has a BBF of £0.69 on 04/06/05 then a credit payment of £6258 on 08/07/05 which says account transfer. Then a loan repayment on 11/07/05 of £6259.08 and account closed 13/07/05.

 

I find it all pretty confusing. I am in receipt of Income Support so what I could pay would be negliglible. Do I carry on down the court route with this.

 

I was surprised there was no application form for the loan, with this bundle.

 

Today I recevied a lettter from the court with a hearing date for 11th June. 30 minutes..

[ODC]

I smell a rat here. How could they transfer a CCA regulated loan into a cuurent accouint. I feel you would need to see your CCA for the loan to see if there was any provision permitting it to be transferred into a current account.

[aBitofaPickle]

The problem is that Cohen have said in their letter they are not going to provide any more information unles the court orders them to, and I;m not sure how to deal with a court case,

[ODC]

Under the CPR (The Court Procedure Rules) they are obliged to supply you with ALL the documents they are going to rely on in court

[tomterm8]

Also, you can send the original creditor a S.A.R., and they will have to provide this information. I don not believe, however, they were entitled to transfer debt between one account and another, and I would raise a formal complaint with the Financial Ombudsman Service on this issue.

 

I would also send as a response to CL FINANCE:

 

"

 

TO WHOM IT MAY CONCERN

 

Letter before report to FSA, OFT, trading Standards, and the Police.

 

with response to your letter dated XXth, I note you claim that the debt was "transfered" to my overdraft. I ask you for evidence that I consented to this act.

 

It is my belief that your client had no legal right to do so, and in the absence of evidence to the contrary, i intend to report the matter to the FSA, OFT and to raise a formal complaint with the Financial Ombudsman Service and, if it appears to me a crime has been commited, the police and Financial Crimes Unit Enforcement Network.

 

Yours Faithfully,

 

YOUR NAME.

 

 

send it special delivery

[aBitofaPickle]

Under the CPR (The Court Procedure Rules) they are obliged to supply you with ALL the documents they are going to rely on in court

 

Thank you, so do I rspond to their letter asking for this?

[aBitofaPickle]

Also, you can send the original creditor a S.A.R., and they will have to provide this information. I don not believe, however, they were entitled to transfer debt between one account and another, and I would raise a formal complaint with the Financial Ombudsman Service on this issue.

 

I would also send as a response to CL FINANCE:

 

"

 

TO WHOM IT MAY CONCERN

 

Letter before report to FSA, OFT, trading Standards, and the Police.

 

with response to your letter dated XXth, I note you claim that the debt was "transfered" to my overdraft. I ask you for evidence that I consented to this act.

 

It is my belief that your client had no legal right to do so, and in the absence of evidence to the contrary, i intend to report the matter to the FSA, OFT and to raise a formal complaint with the Financial Ombudsman Service and, if it appears to me a crime has been commited, the police and Financial Crimes Unit Enforcement Network.

 

Yours Faithfully,

 

YOUR NAME.

 

 

send it special delivery

 

It is Cohen, CL solicitors who are ariting to me, should I send this to Cl with a copy to Cohen?

[ODC]

yes send to both by recorded delivery

[aBitofaPickle]

Also, you can send the original creditor a S.A.R., and they will have to provide this information. I don not believe, however, they were entitled to transfer debt between one account and another, and I would raise a formal complaint with the Financial Ombudsman Service on this issue.

 

With regard to this, do I wait until i hear back with about SAR, or file a complaint now?

[aBitofaPickle]

Also, what if i did agree to this.

[ODC]

Well let them prove you did

[aBitofaPickle]

Thank you.

 

What does this actually mean then?

 

We will prove the claim under the normal rules of evidence in circumstances such as these.

 

I'm a little worried about the court date in June. Will a lack of disclosure be enough to stop them?

[ODC]

They are abliged by law to provide you with the'evidence' they will be relying on in Court. Failing to have a properly executed CCA agreement will make their case impossible

[Docman]

Thank you.

 

What does this actually mean then?

 

We will prove the claim under the normal rules of evidence in circumstances such as these.

 

I'm a little worried about the court date in June. Will a lack of disclosure be enough to stop them?

 

 

Huff and puff from Cohens. They know they have to produce in Court if challenged. I'd bet they expect you to cave in and not go to court.