HSBC/CL Finance/Cohen CCJ

[outofpocketagain]

Help please.

 

A couple of years ago I got into serious credit card debt due to a failed business.

i have been working with a Debt Management Co. - payplan, to make monthly payments to my creditors.

 

One of them is a credit card with HSBC, for whom Metropolitan Collection services were handling the debt.

Payplan have made fairly regular payments to them (I have actually misseed a couple of payments) albeit smaller amounts than they would have liked, but in accordance with my income and expenditure statment.

 

out of the blue, i have received a CCJ claim form from CL Finance, stating the debt was assigned to them on 28/9/07, and requesting payment of balance.

 

What do i do now?

 

payplan have requested the claim form is forwarded to them, and they will handle it. Reading between the lines, I will still get a CCJ against my name, but I believe judjement will be set at affordable monthly installments.

 

Do I defend myself, I owe them the money, but have not yet gone down the SAR and CCA routes

 

Any advice would be appreciated

[la23hin]

hi

 

the people on here have helped me recently and will be willing to help you

 

1st thing you should aknowledge the service so you have 28 days to defend then send this to the sols

 

 

 

 

In the XXXX County Court

Claimant -v- (YOUR NAME)

Claim Number: (CLAIM NUMBER)

 

 

Dear XXX

 

REQUEST FOR INFORMATION

 

I have received a recent court claim from your organisation. In order to file a defence and counter claim I require some information. Given that this matter is now the subject of legal proceedings, you are obliged to disclose under the Civil Procedure Rules, the information and documents detailed below.

 

The information must be furnished within fourteen days of the receipt of this letter. If you fail to comply, this will be reported to the Court, a copy of this letter will be provided as evidence to the same and an Order enforcing your compliance will be sought.

 

1. A true copy of the executed credit agreement and any terms and conditions that applied to the account at the time of default and at the time the account was opened.

2. All records you hold on me relevant to this case, including but not limited to:

 

a. Transcriptions of all telephone conversations recorded and any notes made in relation to telephone conversations by your company, or by any previous creditor

b. Where there has been any event in my account history over this period which has required manual intervention by any person, I require disclosure of any indication or notes which have either caused or resulted in that manual intervention, or other evidence of that manual intervention in relation to my account formerly held with *********.(AMEND TO THE COMPANY NAME)

c. True copies of any notice of assignment and/or default notice or enforcement notice that you or the original creditor sent me, with a copy of any proof of postage that you hold.

d.Documents relating to any insurance added to the account, including the insurance contract and terms and conditions, date it was added and deleted (if applicable).

e. Details of any collection charge added to the account; specifically, the date it was levied, the amount of the charge, a detailed financial breakdown of how the charge was calculated, and what the charge covers.

f. Specific details of the fees/charges levied by any other agency in respect of this account and a detailed breakdown of said fees/charges and what each charge relates to and on what date said fees/charges were levied.

g. A genuine copy of any notice of fair use of my data as required by the Data Protection Act 1998

h. A list of third party agencies to whom you have disclosed my personal data and a summary of the nature of the information you have disclosed.

i. Copies of statements for the entire duration of the credit agreement.

 

3. Any other documents you seek to rely on in court.

 

 

I will require this information within the next fourteen days. I must advise you that if the information is not forthcoming, it will be reported to the Court that you are trying to frustrate proceedings and denying me the opportunity to file a defence and counter claim.

 

Yours sincerely,

 

XXXX (type, don't sign).

 

 

 

 

have a read of my thread http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/133928-cl-finance-howardchoen-please.html

 

 

and within my thread there is some other threads with the same story have read and come back with any questions you may have

 

but i would suggest you defend yourself and not payplan but that my opinon you have do what best for you

 

la23hin

 

ps i only know this because 42man helped me a few weeks ago

[outofpocketagain]

Thanks for the info. I will submit my acknowledgement at weekend, then send letter to solicitors. looks like i need to spend a couple of nights reading thro this forum

[outofpocketagain]

i have now received a reply from Cohen solicitors

 

"We are not obliged to provide this information, and wold advise that the particulars of claim detailed in the county court claim form should be sufficient for you to respond accordingly.

 

please respond to the claim form with either an approprite defence or an admission and offer of repayment. failure to do so will result in judjement being entered without reference to you"

 

How do I now respond???

[outofpocketagain]

Help Anyone??????

[kel123]

bump

[la23hin]

hi

 

i recieved the same letter as you did, and basically its a load of rubish if they had the docs why not send them to you, this is good news for you because if they cant produce the docs they have no rights to take you to court.

 

next thing to do on monday is phone the court and ask them what date your defence needs to be in by, you dont need contact h.choen or cl finance now,keep the letter recieved safe because the court might want to see it, and then come back and lets us no when your defence has to be in and someone will hopeful point you in the right direction for the defence needed

 

have a look at my case with them, it is simmilar and there is a couple of good defence on there, have a read i have spent days reading threads and it really does help in understanding the procedures in court.

 

all my advice comes from what the kind people on here have told me

http://www.consumeractiongroup.co.uk/forum/legal-issues/133928-cl-finance-howardchoen-please.html

[outofpocketagain]

My defence has to be submitted on 3 may 2008 - any help now will be gratefully received

[outofpocketagain]

help

[42man]

OK well if they can't provide the documents then they are stuffed....they HAVE to provide these under the CPR's....you will need to have a GOOD READ through...

 

In the xxxxxxxx County Court

Claim number

 

 

 

 

 

Between

 

 

xxxxxxxxxxx- Claimant

 

and

 

 

- Defendant

 

 

 

 

Defence

 

1. I xxxxxxxxx of xxxxxxxxxxxxx am the defendant in this action and make the following statement as my defence to the claim made by xxxxxxxxxxxx

 

2. Except where otherwise mentioned in this defence, I neither admit nor deny any allegation made in the claimants Particulars of Claim and put the claimant to strict proof thereof.

 

3. It is admitted that I held a bank account with HSBC Bank Plc, which was opened in XXXX and closed on or around xxxxxx .At the point which the account closed, it did so with a positive balance, see attached statement (Exhibit scampjet 1)

 

4. Notwithstanding point 3,the claimants' particulars of claims do not appear to disclose any legal cause of action and they are embarrassing to the defendant as the claimant's statement of case is insufficiently particularised and does not comply or even attempt to comply with CPR part 16. In this regard I wish to draw the courts attention to the following matters;

 

a) The Particulars of Claim are vague and insufficient and do not disclose an adequate statement of facts relating to or proceeding the alleged cause of action. No particulars are offered in relation to the nature of the written agreement referred to, the method the claimant calculated any outstanding sums due, or any default notices issued or any other matters necessary to substantiate the claimant's claim.

 

b) A copy of any evidence of both the scope and nature of any default, and proof of any amount outstanding on the alleged accounts, has not been served attached to the claim form.

 

c) No copies of statements relating to the bank account have been included with the claim form and no particulars have been offered supporting the claimants claims of my indebtedness to them

 

 

5. In considering the claimants particulars of claim, it would appear that they are in error, the account claimed to have a balance of XXXX has clearly been closed with no outstanding monies owed, it is therefore denied I am indebted to the claimant under HSBC account number xxxxxxx or the claimants own account number xxxxxxxxx and I consequently do not see what case there is to answer

 

6. Further to the case, on xx/xx/2007 I requested the disclosure of information pursuant to the Civil Procedure Rules, which is vital to this case from the claimant. The information requested amounted to copies of the Bank Statements and/or Credit Agreement referred to in the particulars of claim and any default or termination notices, a transcript of all transactions, including charges, fees, interest, alleged repayments made by myself and payments made by the original creditor. Also any other documents the Claimant seeks to rely on, including any default notices or termination notice, and a copy of the Deed of assignment and Notice of assignment

 

 

7. The claimant has failed to comply with my request for disclosure entirely and it is suggested that such failure highlights that there is no case for me to answer

 

 

8. Since the claimant has failed to comply with the request for disclosure as outlined in point 6, and considering that the account was closed with a positive balance of XXX as clearly indicated, it is requested the court consider striking out the claimant statement of claim as failing to disclose reasonable grounds for bringing the claim and there is no case to answer

 

 

9. I further ask the court consider striking out the claimants case as it fails to comply with part 16 and practice direction 16 insofar that no documents have been supplied and fails to show any consideration to the overriding objective to allow the court to deal with this case justly

 

 

10. Alternatively, if the court is not in agreement with points 8 and 9,I respectfully request a stay in proceedings until such time as the claimant complies with the requests outlined in point 8 above or until the court orders its compliance with the same. I will then be in a position to file a fully particularised defence and counterclaim and will seek the courts permission to amend my statement of case accordingly.

 

 

 

 

 

Statement of Truth

 

 

I xxxxxxxxxxx, The Defendant, believe the above statement to be true and factual

 

 

Signed ..................... date...................

 

This was taken from this case which is similar to yours...basically if they can't comply with the CPR then the judge should throw it out...

 

This thread is also from CL finance too...(have a read)

 

http://www.consumeractiongroup.co.uk/forum/legal-issues/126111-cl-finance-ltd-recieved.html

[outofpocketagain]

Thanks 42man. Used your text as part of my defence, with slight amendments to reflect credit card debt, rather than bank debt.

I have now received allocation questionaiire. Any help will be gratefully received

[outofpocketagain]

bump

[outofpocketagain]

HELP REQUIRED PLEASE