Jump to content


  • Tweets

  • Posts

    • Hi   I could be wrong here so could @namedisplay please clarify if I am correct or completely wrong?   In your post#1 you mention that due to your health issues and your mental state at the time you rang the Training Room and was told it would cost and initial £200 and then £15 per month until you finished the course.   Then further in post#1 The Training Room told you you were not eligible for an extension because you hadn't completed enough of the course.   With the above I now refer Post#12 which mentions your circumstances are covered by 13 in the TTR Terms and Conditions.   What is mentioned above seems conflicting from TTR for the following:   1. IMO that money of £200 and then £15 per month (on top of original Course Fees) was them at that time agreeing to an extension as per 13 in TTR Terms and Conditions   2. Them stating you can't extend Course as not completed enough of Course is not in TTR Terms and Conditions (that I and others can see) (Note they could be referring to 15 in TTR Terms and Conditions)   Can you clarify the above and were you informed those extra costs were due to an extension of your Course.   Again I will ask did you provide the Training Room with Medical Evidence when you asked the above?   We also still need to see the Letter from Training Room Threatening Legal Action (fully redacted) which you still haven't posted?   You need to send The Training Room a Subject Access Request (SAR) asking for 'ALL DATA' that simple phrase means whatever format they hold that data in whether it be written, email, recorded phone calls etc.   They then have 30 Calendar Days to respond to your SAR Request and that Time Limit only starts once they have acknowledged your SAR Request. They can extend that Time Limit if they need to prove identity before actioning the SAR Request so be aware of that.   A SAR Request is now FREE and make sure you get Free Proof of Posting from the Post Office     Your right of access ICO.ORG.UK   Can you please make sure you answer the questions asked of Caggers to assist you    
    • I've been trying to resolve a issue with 8 PCN issued by Tyne Tunnel 2 (tt2.co.uk). Tyne Tunnel 2 is a gated toll charged tunnel to cross the River Tyne in Newcastle. We moved in recently so all a bit new to us. My dad had been using the tunnel about twice a week and he had been paying cash for the toll fee at the booths. At some point in November 2021 they had done some constructions where the gates had been closed and payments had transitioned to online methods. My dad had been oblivious to this and been on his merry way multiple times thinking that he doesn't need to pay. So he received the first PCN some where end of November which had been issue on the 26th after which point I went on alert and sorted out the online accounts and such. However the current total of fines has amounted to £255.20 and I have appealed explaining that soon as the letters were received we have resolved the issue but they insist on us paying 8 PCN. I feel it's unfair that the fine is for the same offence which we couldn't have rectified or known until we received the first PCN letter and after the first PCN we have rectified it so feel they are being bit draconic. Any advice on this matter? 
    • No need to apologise! I am extremely grateful for both your help   Gosh very good attention to detail going on here   Great thank you, i will put them back as below   Good evening to you   DEFENCE   1.     The Defendant contends that the particulars of claim are vague and generic in nature. The Defendant accordingly sets out its case below and relies on CPR r 16.5 (3) in relation to any particular allegation to which a specific response has not been made.     2.     Paragraph 1 is noted. It is accepted I have in the past had agreements with Lloyds TSB. I do not recall the precise details or agreement nor the claimant either, having failed to provide an agreement/account number within its particulars of claim and have therefore sought verification from the claimant.   3.     Paragraph 2 is noted but until such time the claimant can clarify the agreement account number any breach has yet to be proven.      4.     I am unaware of any legal assignment or Notice of Assignment allegedly served by either the Claimant or Lloyds TSB pursuant to the Law of Property Act 1925.   5. Paragraph 3 is denied. I am unaware of any Notice of default served.   6.     It is denied with regards to the Defendant owing any monies to the Claimant. The Claimant has failed to provide any evidence of the Agreement/Assignment/Default notice or Termination requested by CPR 31. 14.    Therefore the Claimant is put to strict proof to: a) show how the Defendant has entered into an agreement ; and b) show how the Defendant has reached the amount claimed for; and c) Show or evidence a Default Notice /Notice of Sums in Arrears, d) show how the Claimant has the legal right, either under statute or equity to issue a claim;   7.     As per Civil Procedure Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed.   8.     On the 5th of January 2022 I requested to The Claimants Solicitors, Mortimer Clarke by way of a CPR 31.14 copies of the documents referred to within the Claimants particulars to establish what the claim is for. Mortimer Clarke have failed to fulfil my CPR 31:14 request.   9.     On the 5th of January 2022 I made a section 78 legal request to the claimant for a copy of the Consumer Credit Agreement. The claimant has as of 27/01/22 failed to comply.   10.  By reason of the facts and matters set out above, it is denied that the Claimant is entitled to the relief claimed or any relief.
    • std letter the court send simply telling you the claimant has 28 days to do 'something' else the claim get autostayed.   go read a goof few 10's of PCN claimform threads.    
    • Update. I get the feeling they will try and take me all the way. Just have to wait and see. court letter..pdf
  • Recommended Topics

  • Our picks

  • Recommended Topics

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


master woody
 Share

style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 4681 days.

If you need to add something to this thread then

 

Please click the "Report " link

 

at the bottom of one of the posts.

 

If you want to post a new story then

Please

Start your own new thread

That way you will attract more attention to your story and get more visitors and more help 

 

Thanks

Recommended Posts

Mine is due by the 31st but as yet not enough paperwork to do a full defence either.

BANK CHARGES

Nat West Bus Acct £1750 reclaim - WON

 

LTSB Bus Acct £1650 charges w/o against o/s balance - WON

 

Halifax Pers Acct £1650 charges taken from benefits - WON

 

Others

 

GE Money sec loan - £1900 in charges - settlement agreed

GE Money sec loan - ERC of £2.5K valid for 15 years - on standby

FirstPlus - missold PPI of £20K for friends - WON

Link to post
Share on other sites

  • 2 weeks later...
  • Replies 238
  • Created
  • Last Reply

Top Posters In This Topic

Top Posters In This Topic

Ok Time for my defence I’ve had a go at making one my self from other posts. Any guidance would be much appreciated, I need to get my defence in by Thursday but planning on doing it on Wednesday, due to family commitments.

One of the things I’d like to ask is why have CL not used the Loan reference? They have used my bank account and sort code, is this OK? The referenced account has a 3.5K negative balance and HSBC has sold it to another DCA,

its Currently stayed (OFT) as I’m claiming 3.2K bank charges back! Is this relevant?

I’m currently paying £15X pounds a moth through payplan to this debt

Thanks for your support and help

 

 

IN THE XXXXXXXX COUNTY COURT CLAIM NUMBER XXXXXXXX

BETWEEN:

CL FINANCE LIMITED

Claimant

And

Woody

Defendant

 

DEFENCE

 

 

1. On 7 January 2008 CL FINANCE LIMITED commenced proceedings against the defendant for £XXXX plus interest, a debt allegedly incurred under a credit agreement between the defendant and HSBC Bank PLC 2. The Claimant states the debt was assigned them by a deed of assignment dated 28 September 2007.

3. The defendant does not admit or deny the debt, but puts the claimant to strict proof thereof.

4. The defendant has not received a valid notice of assignment for the alleged debt from the original creditor and therefore put the claimant to strict proof that privity of contract exists between the claimant and Defendant.

6. The claimant’s solicitors were requested by letter dated 17 January 2008 to produce the following various documents under Part 18.1 of the Civil Procedure Rules viz., a copy of the executed credit agreement, a true copy of the alleged assignment and any default notice from the original creditor together with some form of proof of postage that this notice was sent to the correct address and was served with the proper notice before this claim was submitted.

7. To date, the claimant’s solicitors have not acknowledged the request, nor responded in any way nor supplied the requested documentation.

8. The defendant has not received a copy of any default notice from the claimant, and asks that the claimant provides the court with a true copy of such a notice, and with some form of proof of postage that this notice was sent to the correct address and was served with the proper notice before this claim was submitted.

AND the defendant

9. seeks an order that the claimant’s action is struck out or otherwise is dismissed on the grounds that any claim cannot be enforced following the claimant’s default in failing to supply a true copy of the executed credit agreement as required by S78 (1) of the Consumer Credit Act 1974.

10. In the alternative, the defendant respectfully asks the court to order the disclosure of the credit agreement, notice of default in the form required by the Consumer Credit Act 1974, and notice of assignment in the form required by the Law of Property Act 1925. The defendant also requests that the court order the claimant to disclose a list of all charges made to the account and a list of the costs associated with each charge for the last 6 years in order for them to prove that the debt amounts to the amount claimed.

11. The defendant also respectfully asks the permission of the court to amend this defence when the above documents are provided by the claimant.

Link to post
Share on other sites

Starting to worry now, only one day left and rereading my defence I have very little knowledge, even if this is the right stage to summit my full defence?

Definitely starting to lose the plot a bit

Do you have a set amount of charters on money claim web site , I remember this from my bank claim days…will my defence fit?

Any help or pointer to threads most welcome

Link to post
Share on other sites

Woody, looks good for the moment.

You have put the ball firmly in CL's hands and they either comply or risk having the claim struck out.

After all without the agreement they are relying on there is NO case to answer.

  • Haha 1

Be VERY careful whose advice you listen too

Link to post
Share on other sites

Woody I think your defence is fine. I have sent a letter to the court saying I can't submit a defence as they haven't sent me the information I requested, but wish I had done something like your defence instead. I think you should go with it.

BANK CHARGES

Nat West Bus Acct £1750 reclaim - WON

 

LTSB Bus Acct £1650 charges w/o against o/s balance - WON

 

Halifax Pers Acct £1650 charges taken from benefits - WON

 

Others

 

GE Money sec loan - £1900 in charges - settlement agreed

GE Money sec loan - ERC of £2.5K valid for 15 years - on standby

FirstPlus - missold PPI of £20K for friends - WON

Link to post
Share on other sites

  • 3 weeks later...

I’ve had a reply from CL saying we don’t have to give you any information the information in the claim should be enough to file a defence.

All they have sent is the paper work from HSBC regarding the sale of the debt to them (with the incorrect account number).

No Statements

No copy of the Consumer credit agreement

No list of changes ect

No complaints procedure

No deeds of assignments

I’d like to send the court a complaints letter. Saying CL are try to frustrate my defence. ( I remember seeing a template for this, anyone got it to hand?)

Any thoughts…

Link to post
Share on other sites

Woody I couldn't find anything when I needed to tell the court that they had not supplied the information for me to supply a full defence. In the end I just sent a brief note to the court telling them so. You could do the same and enclose a copy of the letter they sent saying they are not obliged to give you any information.

 

Incidentally I do think that your charges claim is highly relevant if you have not brought that into the proceedings yet. Hopefully someone will come along and point you in the direction of the letter - I know I have seen it somewhere too:confused:

BANK CHARGES

Nat West Bus Acct £1750 reclaim - WON

 

LTSB Bus Acct £1650 charges w/o against o/s balance - WON

 

Halifax Pers Acct £1650 charges taken from benefits - WON

 

Others

 

GE Money sec loan - £1900 in charges - settlement agreed

GE Money sec loan - ERC of £2.5K valid for 15 years - on standby

FirstPlus - missold PPI of £20K for friends - WON

Link to post
Share on other sites

Hi

 

Just to give you some support, I also am dealing with this lot for a second time

 

Last year their claim was succesfully struck out, when they didn't submit any documents and didn't turn up in court

 

I am now dealing with another claim of their's for my wife and have recieved the same response as you so far, saying they are not obliged to supply documents under CPR rules

 

I have done the defence accordingly

Link to post
Share on other sites

 

 

 

I have done the defence accordingly

 

Do you mean, the same defence as mine? I think i have a very strong case as they have used the incorrect account number ie they have used my current account not the loan account number.

 

could you please tell me what happens next? Am I waiting for court papers or a court date or some directions from the court...

 

Storm are you still paying?

Link to post
Share on other sites

just found this thread http://www.consumeractiongroup.co.uk/forum/legal-issues/108467-basic-introduction-consumer-credit.html

 

Its answered my questions!!! top thread a must read for all in my boat!

 

CAG helps agian, defo going to give CAG a donation when i can afford it!

Link to post
Share on other sites

Good news, Just had a phone call from Cohen.

Their now receiving payments from my DMP and look like there backing down.

Conversation when like this:

HC “would You consent to us stopping action as you have defended”

Woody ” you’re the ones taking me to court if you wish to stop that’s up to you but I will as, I have also done continue to make payments.”

HC “so will you consent? “

Woody “consent to what?”

HC “To us stopping any further legal action”

Woody “Ye Ok you send me what you want me to sign and I’ll take a look”

HC “Ok Thanks Mr woody bye bye”

BTW she was a really nice

Has anyone got any comments……

Link to post
Share on other sites

I’ve had a reply from CL saying we don’t have to give you any information the information in the claim should be enough to file a defence.

 

All they have sent is the paper work from HSBC regarding the sale of the debt to them (with the incorrect account number).

 

No Statements

No copy of the Consumer credit agreement

No list of changes ect

No complaints procedure

No deeds of assignments

 

I’d like to send the court a complaints letter. Saying CL are try to frustrate my defence. ( I remember seeing a template for this, anyone got it to hand?)

 

Any thoughts…

 

I requested information under the CPR rules & today I have received a similar response from CL saying-

 

We have been in contact with our solicitors HC who have advised that we are not obligded to provide this information and would advise that the particulars of claim detailed om the cc form should be sufficent to allow you to respond accordingly.

 

Having said that we have been in contact with opur predecessors GE money & have been able to obtain certain information which is enclosed herewith.

 

They have sent a copy of the credit agreement CC act 1974 page 1 of 3

Which is signed by me, however no date against my signature,

A signature for GE money which you can't tell whose signed and again no date.

 

A copy of the deed of assignment 5 pages dated on the front the 16th May 2007 a scribbled signature on the back. This is the first time I have ever seen one of these...

Also a set of copy statements ranging from Mar 02 to May 07 however not complete as there are some statements missing...

 

How would you proceed from here as CL have not complied fully with my request under CPR?

Link to post
Share on other sites

Aha - missing statements - they have failed to provide a mere 26 months worth of statements for our account:o. Seems they had a computer cock up. I think you need to post up the alleged agreement for the experts to look at.

 

On our case I sent the court a letter saying GE had not complied with our CPR request as the aforementioned statements were missing. We have had an order from the court today saying that we have to do our best at submitting a defence in spite of the missing information.

BANK CHARGES

Nat West Bus Acct £1750 reclaim - WON

 

LTSB Bus Acct £1650 charges w/o against o/s balance - WON

 

Halifax Pers Acct £1650 charges taken from benefits - WON

 

Others

 

GE Money sec loan - £1900 in charges - settlement agreed

GE Money sec loan - ERC of £2.5K valid for 15 years - on standby

FirstPlus - missold PPI of £20K for friends - WON

Link to post
Share on other sites

thanks goldlady

 

Sorry to burst in on someone else thread but if you look at my post cohen & my property it will give you some background to my case...

 

however I haven't paid anyone & didn't pay on the court order as I didn't believe that CL muppets have any claim to the debt... obviously I now know different ....although I am going to get slapped I am not taking the first slap easily..

Link to post
Share on other sites

I’ve got my letter from Cohen:

 

They want me to sign a document Called a “Consent order” the deal is I Keep paying them at XXXX a month. I'm not sure what this is ....co

 

 

In their letter they state:

 

A Consent Order is an agreement WITHOUT a County court Judgment being made between the Claimant and Yourself, therefore, there will be no public information registered against you upon the county court judgment register in respect of this claim”

 

The consent Isn’t a court document. Looks like something knocked up in word. They want be to sign three copies of this:

 

In the court of XXXXXXX

Claim number

Between CL finance Claimant

And Woody Defendant

 

It states By consent:

 

  • the parties having agreed terms of statement the schedule attached hereto, all further proceedings in this action by stayed save for the purpose of carrying into effect the terms in schedule hereto

  • there be no order as to costs

 

  • Liberty to apply

Schedule

 

The defendat do pay the claimant the sum of £XXXX.XX per month by instalments of £xxx.xx commencing one month from the date of this order

 

Signed: Claimment

 

Signed: Dedendent

 

Date: xx February 2008

 

 

 

Not sure what to do, do you think I should sign. I always had full intention of paying all my debts in full. And this looks like a return to the status quo

 

What are the implications of me signing this??? willing to fight on put would like some advice

Link to post
Share on other sites

Personally I would not sign this - they have not got a leg to stand on - I would take it all the way - I have won three times with these and you can do the same - why commit to this when it is them that have not got the information required - if you refuse they have to provide the info for it to go to court and they cannot therefore it will be struck out and your monthly payment will be in your pocket not theirs

 

Good luck:)

Link to post
Share on other sites

  • dx100uk changed the title to CL Finance Claimform - Old HSBC Loan **WON CASE STRUCK OUT**
  • dx100uk changed the title to CL Finance Claimform - Old HSBC Managed Loan **WON CASE STRUCK OUT**
 Share

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...