CL Finance Claimform - Old HSBC Managed Loan **WON CASE STRUCK OUT**

[master woody]

I defulted in june 2005 for 14000, is the defult remove june 2011 (six years) when i would still owe 5k on my plan

 

or

 

when all the arreas are cleared in 2015?

[Jesteruk]

A default is removed 6 years from the date of default, but keep an eye on it, as we all know how slippery these DCA's can be!

[angel_1]

So whats the update woody

 

you won on default???

 

ta maz

[42man]

Moving to Legal Success forums....

[master woody]

phone the court today, they said i'm were very busy and the dj has'nt got to your case. we will send you it in the post. she aslo told me she had no communications at all from cl.. so its a win, jut waiting for the the dj to make it 100%?

 

 

ta 42

[master woody]

Just phoned the court! I have been awarded costs of £1XX

!!!!!!!!!!!!!!!:D

 

I asked what about judgment in my favour, she then said:

You have to wait to see if they pay if not you can then ask for judgment?????? I said OK. I'll just wait until the order come through the door.

 

What dose this mean?????

[citizenB]

Hopefully you wont need to read up on how to send the bailiffs in Woody. Well done on getting costs awarded

[Brassed off]

Just phoned the court! I have been awarded costs of £1XX

!!!!!!!!!!!!!!!:D

 

I asked what about judgment in my favour, she then said:

You have to wait to see if they pay if not you can then ask for judgment?????? I said OK. I'll just wait until the order come through the door.

 

What dose this mean?????

 

Woo hoo, sounds like a "won" to me;) So the beers are on you then? :grin: If you're not sure what they mean Woody, ring them and ask for clarification

 

Good for you 8-)

[master woody]

Any one who read my thread will know the story

 

http://www.consumeractiongroup.co.uk/forum/dca-legal-successes/127086-going-court-woody-cl.html

 

Long story short:

 

Paying Cl 1xx a month on 14 k debt via DMP

CL out of the blue money claimed me

Got help from CAG to defend the case

Case got stuck out:grin:

THEN CL CAME UP WITH A VAILD CCA (sent to me)

I ask the court for a judgment in my favour and cost on the grounds of abuse of power.

Court has given me cost today but said nothing about judgment

 

 

the big question is HAVE I WON or can they come back at me again???

 

I'm still paying:roll:

[master woody]

oh and should i stop paying in the hope they will give me a good Full and final

[master woody]

Update CL have today offered me a 75% discount the 25% is to paid over the next three years. Gave them a phone and had a very interesting conversation first time talked to someone with a brain and didn’t get the BS

My position is I’m still paying

There position is we have a valid CCA and statements and we can get the Default notice and assignment easily. We would apply to the court for the case to continue on the basis we made a “clerical error”. “IF” we were allows to continue we would no doubt win (I agreed) and you pay 100% over the next 13:( years and have a ccj

You might stop paying and IF we were unable to get the judge to let us restart you get a 100% discount.

So why not take the offer…..

Here’s the kicker the offer letter is without prejudice, total owe is shown with the discount but…….

What’s to stop them getting three years payment then saying OK thanks for that you still owe us 8 Grand….and be right back where I was????????????

I want to take the offer but scared there going to shaft me

[master woody]

CL finance have today offered me a 75% discount the 25% is to paid over the next three years. Gave them a phone and had a very interesting conversation first time talked to someone with a brain and didn’t get the BS

 

My position is I’m still paying, they did a money claim and it failed (got struck out no cca but they now have found it)

 

There position is we have a valid CCA and statements and we can get the Default notice and assignment easily. We would apply to the court for the case to continue on the basis we made a “clerical error”. “IF” we were allows to continue we would no doubt win (I agreed) and you pay 100% over the next 13:cry: years and have a ccj

 

You might stop paying and IF we were unable to get the judge to let us restart you get a 100% discount.:grin:

 

So why not take the offer…..

 

Here’s the kicker the offer letter is without prejudice, total owe is shown with the discount but…….

 

 

What’s to stop them getting three years payment then saying OK thanks for that you still owe us 8 Grand….and be right back where I was????????????

 

I want to take the offer but scared there going to shaft me

[Lula]

how do you know that the cca is genuine?

[postggj]

think about this

dca do not make these sort of offers unless they know they are on a looser

have you seen a copy of the agreement

[master woody]

hi yes i have it's puker PT seen it and says its puker. its the one a signed at HSBC

[Monty2007]

CL finance have today offered me a 75% discount the 25% is to paid over the next three years. Gave them a phone and had a very interesting conversation first time talked to someone with a brain and didn’t get the BS

 

My position is I’m still paying, they did a money claim and it failed (got struck out no cca but they now have found it)

 

There position is we have a valid CCA and statements and we can get the Default notice and assignment easily. We would apply to the court for the case to continue on the basis we made a “clerical error”. “IF” we were allows to continue we would no doubt win (I agreed) and you pay 100% over the next 13:cry: years and have a ccj

 

You might stop paying and IF we were unable to get the judge to let us restart you get a 100% discount.:grin:

 

So why not take the offer…..

 

Here’s the kicker the offer letter is without prejudice, total owe is shown with the discount but…….

 

 

What’s to stop them getting three years payment then saying OK thanks for that you still owe us 8 Grand….and be right back where I was????????????

 

I want to take the offer but scared there going to shaft me

 

I suggest that you get a legal contract drawn up that ensures they don't come back on you as you suggest. It may well be worth paying to instruct a lawyer unless there is a CAG member who has a template?

[Goldlady]

OMG what do you do? This was a without prejudice offer, so not linked to the court case?

 

If it was a part 36 offer through the court then you would need to give it serious thought. And you are right in that unless everything is done right they could come back for the rest later.

 

I really don't have enough experience to tell you what to do and just hope someone else comes along who can. I am not sure what I would do in your position - it sounds too good to be true, but is that because they know they are on a losing streak?

[Goldlady]

Hold on though, the case has been struck out - which I had noted but forgotten. No bloody wonder they were being so reasonable.

 

Hmmmm, for future peace of mind what do you do? We had similar situation with Link and have told them on many occasions that they lost the court case so goodbye.

 

I guess it is up to you at the end of the day. If you agree to pay them is that admitting to the debt? I really don't know how to help so I will stop rambling and hope that common sense or someone else takes over.

 

If it was me I would tell them 'no' but then I have nothing left to lose.

[citizenB]

I suggest that you get a legal contract drawn up that ensures they don't come back on you as you suggest. It may well be worth paying to instruct a lawyer unless there is a CAG member who has a template?

 

Have a look at the link below, college of law, you can free legal advice online. One Cagger contacted them and they helped him write a letter.

 

College of Law - Legal Advice London

[master woody]

thanks

[tomterm8]

CL finance have today offered me a 75% discount the 25% is to paid over the next three years. Gave them a phone and had a very interesting conversation first time talked to someone with a brain and didn’t get the BS

 

My position is I’m still paying, they did a money claim and it failed (got struck out no cca but they now have found it)

 

There position is we have a valid CCA and statements and we can get the Default notice and assignment easily. We would apply to the court for the case to continue on the basis we made a “clerical error”. “IF” we were allows to continue we would no doubt win (I agreed) and you pay 100% over the next 13:cry: years and have a ccj

 

You might stop paying and IF we were unable to get the judge to let us restart you get a 100% discount.:grin:

 

So why not take the offer…..

 

Here’s the kicker the offer letter is without prejudice, total owe is shown with the discount but…….

 

 

What’s to stop them getting three years payment then saying OK thanks for that you still owe us 8 Grand….and be right back where I was????????????

 

I want to take the offer but scared there going to shaft me

 

 

 

Attach a cheque to the following letter, photocopy them showing cheque attached to letter (even better, get someone to witness it as well, i.e. a soliciter):

 

 

Name, address etc,

 

Dear XXX,

 

RE: Payment in full and final settlement of account(s) XXXXXXX.

 

I note your letter of DATE, and without admission of liability accept your offer of full and final settlement of any debt outstanding in return for the amount of £XXXX.

 

I understand that you will take no further legal action with regard to this debt. I further note you will update my credit record to reflect that any debt outstanding on account XXXXXX has been settled.

 

Please do not cash the attached cheque (No XXXXX) unless you are willing to abide by these conditions.

 

Yours Sincerly,

 

XXXX.

[master woody]

thanks tomterm8

 

good advice, only problem is this is not a full and final offer but rather an " agreement to pay the reduced amount over 60 months

 

worry is they will take the 60 payments then come for me for the other 75% ......gits

[tomterm8]

Could you post up the exact phrase they use in the letter?

[master woody]

hi mate i'll upload the letter tommorow as i'm in bed

 

Thanks for the help

[master woody]

sorry for late reply i've has a medical emergancy...but all sorted now

 

in the first insatnce i have asked CL to send me a new offer letter containing the following:

 

This offer is a setelment to case: yxXXXXXXX

This is a full and final on the recept of payment number 60

the orginal account number is to be included

The defult amount is to be ammended on my credit file

date and signed

 

 

when i get the new letter I'll post it up to see what we think....