Dealing with solicitors.

[nicho1120]

Can somebody help me. I missed payments on my Debenhams card who then sold the debt onto CL Finance. I have made a couple of payments to them but was a little hit and miss (my fault) with payments. Tehy have no passed tis onto Howard Cohen solicitors who have took this to court for judgement. At this point I have written to CL Finance to request my CCA. I wrote this recorded delivery and have proof of delivery. I gave them the full course to give me this information but with no reply. I then got a letter from the solicitors to say that i needed to make a payment on the account. I wrote back to say that with no CCA i was not willing to pay and that CL Finance had failed to supply this within the time limits. I have no received a letter from the solictors.

 

They say that their client has not received the request and would like proof of the letter for the CCA being delivered. They say that judgement was entered before the request for the CCA was made. They say since judgement was entered it has not yet been enforced and are awaiting income and expenditure details. They then go on to say that that they have got in contact with GE Money and have included the credit agreement and statements.

 

They obvoiusly want me to make payments. I have charges on the account that I want to claim back and also CL Finance failed to supply the documents within the time restraints.

 

What should I do ?????

[Goldlady]

What are the dates involved here? When did they issue the summons, when did you send the CCA request and when was the judgement date? Did you send a response to the court when the claim arrived? And how much is the debt?

 

Sorry for all the questions, but hopefully we can help.

[make them aktiv runners]

They should still hold the CCA even after CCJ.

[nicho1120]

What are the dates involved here? When did they issue the summons, when did you send the CCA request and when was the judgement date? Did you send a response to the court when the claim arrived? And how much is the debt?

 

Sorry for all the questions, but hopefully we can help.

 

I didnt receive any court papers whatsoever. They have said that the judgement was entered on the 31st October 2007. I didnt obviously reply as I didnt get anything to reply to. I sent the CCA request on the 6th November 2007 and didn't hear a thing from them.The debt is for £600 but I have calculated that with the statements that they have sent (quite a few missing) I have penalty charges of £210.

[JonCris]

What prompted you to make CCA request on the 31st Oct 2007 just 1 month before the CCJ & did you move address during or near to that time??

[nicho1120]

I sent the CCA request as I had CL finance constantly on my back to pay the whole amount back. I wanted to see if they had the credit agreement. I didnt move address at all.

[JonCris]

In that case you need to prepare a defence/counter claim based on what you think they owe you. Once done apply to the court to have the CCJ set aside or amended to reflect what you believe the correct sum to be, if any.

 

If the claimants after refusing to accept your counter claim reissue a claim after having the original set aside you can ask the court that it be stayed to await the OFT ruling on penalty charges