CL Finance Ltd. court claim form 2 old HSBC debts **WON** Discontinued

[popeye1]

Great news well done

[wednesday1867]

Congrats Scampjet, same result but glad mine didnt go as far as yours did .

[jumpjet]

Hi popeye & wednesday,

 

Thank you for your support. as I said, I need to see it in writing first...........But I am very pleased.

[B3rty]

Thats fantastic...well done

[citizenB]

Great news for you Scampjet. I have this image of you stalking the postman until the letter is delivered

[Blossomandebony]

Well done, scampjet!!!

 

BAE

[jumpjet]

Great news for you Scampjet. I have this image of you stalking the postman until the letter is delivered

 

Oooops! I must have left my web cam on!

 

Thanks citizenB.

 

Thanks blossom.

[jumpjet]

Hi all,

 

well its been a long time since they dropped proceedings But recieved this yesterday from HC solicitors:-

 

"It is with concern that we note you have not made payments of thius debt as arranged.

 

Further delay cannot be tolerated and you should note that if a remittance is not recieved at this office BY RETURN OF POST our intstrictions are to apply to the court for Judgement to be entered against you. If this course of action is necessary further costs will be incurred for which you will be responsible.

 

We trust that the above mentioned action will not be necessary but should we not recieve payments and no further notuice will be given.

 

If you wish to discuss this matter phone blah blah blah!."

 

 

Firstly, they reference the case number that they dropped, so I dont see how they could apply for judgement. and how likley is it they are going to start the whole thing rolling again on the same basis as before.?

 

Could it be they have more info (unlikely I know ) and can they recommence proceedings for the same claim?

 

Should I send PT,s "send me what you intend to rely on in court letter" or ingnore it and see what happens?

 

 

Once again, all input appreciated.

 

Regards,

 

Scampjet.

[pt2537]

Hi all,

 

well its been a long time since they dropped proceedings But recieved this yesterday from HC solicitors:-

 

"It is with concern that we note you have not made payments of thius debt as arranged.

 

Further delay cannot be tolerated and you should note that if a remittance is not recieved at this office BY RETURN OF POST our intstrictions are to apply to the court for Judgement to be entered against you. If this course of action is necessary further costs will be incurred for which you will be responsible.

 

We trust that the above mentioned action will not be necessary but should we not recieve payments and no further notuice will be given.

 

If you wish to discuss this matter phone blah blah blah!."

Did you make any such arrangment to pay?

 

 

Firstly, they reference the case number that they dropped, so I dont see how they could apply for judgement. and how likley is it they are going to start the whole thing rolling again on the same basis as before.?

 

Could it be they have more info (unlikely I know ) and can they recommence proceedings for the same claim?

 

Should I send PT,s "send me what you intend to rely on in court letter" or ingnore it and see what happens?

 

 

Once again, all input appreciated.

 

Regards,

 

Scampjet.

 

When they discontinued the claim, they fell on their sword in effect as they need the permission of the court to restart proceedings

 

This is set out in CPR 38

 

they are talking rubbish i think,

[jumpjet]

Hi paul, thanks again for the quick reply,

 

No I didnt make an arrangment!

I did not return their form as in post 104 and the telephone conversation was as in post 148.

 

We dumped the DMP in august. so the last payment they had was that which had allready gone off to the CCCs. an we havent spoke to them since so they have let 3 or 4 payment dates lapse!

[jumpjet]

bump

[citizenB]

scampjet, did you ever receive written confirmation that the case was being discontinued?.. either from the solicitors or the court.

[jumpjet]

Hi citizen,

 

Yes, I had letter of discontinuence from solicitors, and phoned the court to confirm. So I don,t see what judgement they say they will claim agianst me.

[citizenB]

Hi citizen,

 

Yes, I had letter of discontinuence from solicitors, and phoned the court to confirm. So I don,t see what judgement they say they will claim agianst me.

 

 

 

I think I would have been happier had you received this in writing from the court, however, I guess all you can do is send them a COPY of their own letter re the discontinuance with a covering letter asking them to explain what they are on about.

[jumpjet]

hi citizen,

 

I did ask the court to send confirmation and they said that they did not do this as the solicitors did so.

 

I also note that this time the letter is addressed only to me and does not include my wife who was a co-defendant with the case number they refer to. I would have thought that if they discontinued no judgement can be claimed, if none was made? I suppose they could start the whole thing again, but unless they have more ammo, I don,t see what they could gain.

[citizenB]

hi citizen,

 

I did ask the court to send confirmation and they said that they did not do this as the solicitors did so.

 

I also note that this time the letter is addressed only to me and does not include my wife who was a co-defendant with the case number they refer to. I would have thought that if they discontinued no judgement can be claimed, if none was made? I suppose they could start the whole thing again, but unless they have more ammo, I don,t see what they could gain.

 

It is my understanding they will only be able to start a fresh claim with the permission of the court and only then if they have new evidence. I shouldnt think there is anything to worry about their only writing to you. The case number refers to claim that was for both of you and that is what matters.

[jumpjet]

I thought this too! Perhaps I should just sit tight for now and see what happens?

[citizenB]

Hi all,

 

well its been a long time since they dropped proceedings But recieved this yesterday from HC solicitors:-

 

"It is with concern that we note you have not made payments of thius debt as arranged.

 

Further delay cannot be tolerated and you should note that if a remittance is not recieved at this office BY RETURN OF POST our intstrictions are to apply to the court for Judgement to be entered against you. If this course of action is necessary further costs will be incurred for which you will be responsible.

 

We trust that the above mentioned action will not be necessary but should we not recieve payments and no further notuice will be given.

 

If you wish to discuss this matter phone blah blah blah!."

 

Did you make any such arrangment to pay? (this question was asked by Paul (pt2537)

 

 

Firstly, they reference the case number that they dropped, so I dont see how they could apply for judgement. and how likley is it they are going to start the whole thing rolling again on the same basis as before.?

 

Could it be they have more info (unlikely I know ) and can they recommence proceedings for the same claim?

 

Should I send PT,s "send me what you intend to rely on in court letter" or ingnore it and see what happens?

 

 

Once again, all input appreciated.

 

Regards,

 

Scampjet.

 

When they discontinued the claim, they fell on their sword in effect as they need the permission of the court to restart proceedings

 

This is set out in CPR 38

 

they are talking rubbish i think,

 

I thought this too! Perhaps I should just sit tight for now and see what happens?

 

If this were me, I would just sit back and wait for any further contact. Paul has already advised they would need the permission of the court. Might be worth having a read of CPR 38 just to put your mind at rest. I would advise you not to speak to them on the phone again, under any circumstances. You really need to continue protecting yourself and insist you will only communicate by letter.

[jumpjet]

thanks again citizen,

 

I haven't ( and don't intend to) spoken to them on the phone other than before they dropped the case. Its my guess that they testing the water again, possibly hoping that we have distroyed all the info. I am assuming that any action they could bring would have to be against myself and my wife as per the original case. If they indend to take it further.. I'll soon know about it...so watch this space as they say!

[jumpjet]

Well cpr38/7 seems plain enough!

 

I've dug out the notice of discontinuance (just to check) and its for myself + 1 other. And it states "All proceedings" So we'll see if they come up with something.

 

Thanks again.

[libra007]

scampjet you have any updates on this? i end up in same situation with CL on one of the two claim they made against me, rather very quickly sent me notice of discontinuance. but lately a person is chasing for the same debt trying to ask me if i can make small payments even 10 etc towards it. so not clear where do i stand!

[jumpjet]

Hi All,

 

after all this time (notice of discontinuance 7th july 2008) I have recieved out of the blue a letter from a company called UK Default recovery. they quote the original case number and very little other info. Big bold title .....DO NOT IGNORE THIS LETTER then just phone numbers basically. No head office address just a P.O. box.

 

Has anyone heared of this company?

[jumpjet]

I've recieved a "letter" (more of a leaflet) from these people regarding an old debt with CL finance which was was defended at court and they discontinued.

 

They Quote the original acount number (case number they call it), just a PO box address and no other company details. Phone numbers, and bold type...DO NOT IGNORE THIS LETTER.

 

I assume its a try-on. Should I even bother to explain?

[cerberusalert]

AFAIK it's the in-house collection arm of Welcome/Cattles who are part of the Lewis Group.

Edited July 22, 2010 by cerberusalert

[jumpjet]

Hi cerberusalert, thanks for the info,

 

should I ignore for now or write to tell them whats gone on before and they should never have been sold the debt?