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

[Goldlady]

And even more interesting that the balance of the current account was zero when it was closed - the transfer in of funds from ??? put it in credit and three days later the money went out again leaving a zero balance. This was the 'double entry book-keeping' that the other side was on about:eek:. (I must see if my grandmother has any eggs she needs to learn how to suck!)

 

So if they intend to rely on that particular statement I am wondering how they can sue on an account which has a balance of nil?

[steven4064]

One of our prized posessions is a letter from GE capital bank informing us that our balance is zero and that "Viking Collection Services Ltd have been instructed to cxollect this debt"

[car2403]

One of our prized posessions is a letter from GE capital bank informing us that our balance is zero and that "Viking Collection Services Ltd have been instructed to cxollect this debt"

 

Interesting - that's one of those great questions that everyone wants to know the answer to, isn't it?

 

For example, why do dogs chase cars? I mean, what are they going to do when/if they catch it? Bite it's tyres? Bark at it? What is the point in that.

 

[aBitofaPickle]

I had already sent a CPR prior to going to court, but had asked for the default notice, not the termination. At court the judge ordered they should provide everything esle needed, which includes authorisation for transfer of the loan. They had 28 days (I think) to provide this, not heard a peep from them yet.

Is it still within normal proactice to send another CPR requesting the termination, or have I missed that boat?

[car2403]

Nothing stopping you sending another one.

[aBitofaPickle]

Just an update. Cohens were supposed to provide me with the information requested by the judge by last Friday. No surprise that I have received nothing. I am back in court early December.

Should write to the court now informing them that I have not received the requested information or just wait and see what happens when I get to court?

[aBitofaPickle]

heading back to court on the 3rd hopefully for the last time, still nothing received from claimant.

[steven4064]

You should ask for their statement of case to be struck out under CPR 3.4(2)© when you get to court

3.4 Power to strike out a statement of case...

(2)The court may strike out a statement of case if it appears to the court – ...

© that there has been a failure to comply with a rule, practice direction or court order.

[aBitofaPickle]

Thank you, I'll give that a go, I expect they'll gave a fight about that

[Goldlady]

Oooh, the final countdown! Have put it in the diary incase you want a drinking buddy for afterwards:D

[aBitofaPickle]

Court ordered that I have to have all requested docs by middle January or would be struck out. I've received nowt, so do i write to the court or wait for the court date for the strike out?

[car2403]

If it was an "unless order" (stating "unless" this or that is done, the claim will be struck out) all you need to do is write to the Court Manager and ask them to strike the claim out as per the order laid down - make sure to address the Court Manager in the letter, as we don't want them referring the file to a Judge to strike out, because a Judge has already ordered the strike out if they don't comply by issuing an unless order.

[Goldlady]

It was an 'unless' order as the judge was very specific, seeing as we asked for one at the previous hearing. So I guess we can call this one a win. Although maybe we should wait for abitofapickle to get that piece of paper from the court.

 

Yay!!

[car2403]

In that case, just phone the Court Manager and ask them to do as the Judge has said...

[Goldlady]

Thanks for that Car. Are we going to see you at the Newcastle meet BTW?

[car2403]

Thanks for that Car. Are we going to see you at the Newcastle meet BTW?

 

Depends if my charges reclaim is paid before hand!

 

Nah, I might give it a go anyway...