Northern Rock, Co -op, CL Finance Ltd, Lewis Debt Recovery.

[tristar]

Hi,

 

Can anyone advise please. In short: I had a credit card issued by Northern Rock, this was transferred to the Co-Op Bank. I have made payments to the Co-Op within the last 6 years. Then all went very quite.

 

Well on the 09 July 08 I received a letter from Lewis Debt recovery stating they were acting on behalf of CL finance Ltd stating that the debt with the Co -Op bank had been assigned to their client. It stated that I must make a payment by 19th July or further action would be taken. I then receive a letter dated 10th July 08 from The Co -Op bank confirming that on the 28th May 08 the account was assigned to CL Finance and all further payments and correspondance be directed to Lewis Debt Recovery.

 

Today I received a claim form from Northampton issue date 28th July 08 the claiment is CL finance Ltd for the full amount.

 

What do I do to delay proceedings? and is it to late to request a copy of the original agreement?

 

My agreement was with Northern rock, not the Co-Op, will that have any bearing on the matter. Any thoughts and advise on action to be taken, more than welcome. Thanks

 

Tri:confused:

[harrythehawk]

Have you never CCAd them regarding this, alot of people are in the same boat with Co-Op taking over from Northern Rock and it looks like a common theme that they don't have the correct form of CCA, if ever the description scrap of paper applied then mine literally was. I don't know if it is too late to do this, maybe someone else can advise, however I would have thought that to get you to court they would need this document in the correct form.

[BARFLY]

i'm not sure if it's too late for the section 77/78 request - someone more knowledgable will have to advise. however, in response to the claim you can request under civil procedure rules that the claimant provide a copy of the credit agreement held on the account and a list of all charges made to the account. these should be provided to you before the hearing. if the agreement is not enforceable in any way then that is a complete defence. i'm not sure how you would initially defend the claim, though. a member of the site team will advise you better. if you are sure that there is no agreement or that it does not contain the prescribed terms etc. they this can be our defence. if you are sure that there have been unlawful charges added to the account ou can dispute the amount of the claim.

[OnMyWayOut]

My NR Card/Co-op debt was sold on and there's no trace of a CCA after 3 or more months, so I would hope that they can't produce one for you either.

[creditcardmug]

Hi, if you want to defend against this you need to do two things asap.

First send a CPR request to CL Finance and copy to their solicitors (i take it its cohens) both by Special delivery, keep the reciepts.

Then file your AOS online and print off the proof when prompted (there are time limits for this).

Come back if you need help with any of this.

After that if you can post up the Particulars of Claim minus the personal details people will be able to help further.

[tristar]

Hi Thanks to all for the advice so far. creditcardmug, what is a CPR? what is my AOS? sorry to be so thick but I don't undetrstand.

 

Tri

[palomino]

CPR - court procedure rules (the rules that govern how cases are conducted in the courts)

AOS - acknowledgment of service (to say you've received the document that was sent)

[AndyOrch]

CPR - court procedure rules (the rules that govern how cases are conducted in the courts)

AOS - acknowledgment of service (to say you've received the document that was sent)

 

 

Hi Just a slight correction Palomino CPR ( Civil Procedure Rules )

 

 

Regards

Andy;)

[palomino]

Whoops! I've done that before .... obviously a fixation in my brain somewhere.

 

Apologies

[AndyOrch]

Ok with regards to the AoS You need to be sure that you've got your dates right in respect of when the AoS and defence needs to be filed. For example, if you receive a Court claim with an issue date of the 28th July2008, you are given 5 days for service (delivery) so that takes you to the 1st August. You then have a further 14 days to file your AoS and if you need a further 14 days to file the defence, that is available to you. So in all, you get 33 days in total. If you are unsure ring the Court,the number is on the front of the claim form, on the right hand side tiny print.

With regards to your intentions and if you intend defending .You will await their complience CPR 18 request this will form the basis of your defence beit an holding defence or final.

 

Regards

Andy;)

[tristar]

Attn Andyporch,

 

issue date on the claim form is 28 July 08. Where and how do I file the AoS?. I should have CCA'd on first receipt of letter from CL, I am convinced they will not be able to supply a true copy of the agreeement, so want to challenge it before hearing, is that possible?

 

Tri

[AndyOrch]

Hi Tristar

 

You can AoS online using the MCOL website.On your summons should be a password.Dont be in a rush to AoS as i said above you have a further 14 days to acknowledge and never pays to show all you hand to soon in litigation matters.I would CCA ASAP allowing them time to default before submission of your defence.

 

Regards

Andy;)

[tristar]

Hi all, so by sending the CCA now, that might stop the application progressing? Who do I CCA, CL finance or Lewis?

 

Thanks

Tri

[AndyOrch]

Hi Tristar

 

Send CCA request to CL finance as per they are the claimant(dont forget no signitures)

 

 

Regards

Andy;)

[creditcardmug]

Hi send a CPR request to CL Finance and a copy to their solicitors by SD and keep the receipts do not sign just type your sig. do this asap.

Its to late for CCA requests once the matter is in court.

I presume you have done your AOS, if not do it now

[AndyOrch]

Hi CCM/Tristar

 

I am afraid I would have to disagree re your coment re CCA too late and once litigation has commenced,providing you request as soon as the claim has been recieved this allows time for them to default and forms a fundamental part of your defence.As you will appreciate you also request same vis a vis CPR 18 which as you know is never complied with.Looks far better if requested seperatly and aso defaults the claimant which the CPR does not.

With regards to your AoS Tristar, as I stated earlier 10th 11th August will be fine.Your AoS is again another tool to use against your opponents (claimants) the longer you keep them in the dark the less time they have to prepare their argument.Dont be fooled they have access to the claim also via MCOL and will be checking the status regularly to see if you have acknowledged in preperation to steamroller their Summery defence through.

Afterall why should you be promp with CPR rules they invairably are!

 

This is the CPR 18 Template you need to get off this weekend via S/Del nothing less

 

 

In the xxxxxxxxxxx County Court

(Their Name) Claimant -v- (YOUR NAME)Defendant

Claim Number: (CLAIM NUMBER)

 

 

Dear XXX

 

REQUEST FOR INFORMATION UNDER PART 18 CPR

 

I have received a recent court claim from your organisation. Your particulars of claim are very vague and in addition you do not disclose the contract upon which this claim is being based.

 

In order to file a defence and any 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 application will be made for an Order enforcing your compliance under the provisions of the CPR

 

If it becomes necessary to make an application for an order forcing your compliance I shall ask the court to consider my costs as well

 

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. 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.

 

 

1.1 If copies of any of the above documents are to be relied on in court rather than originals, a copy of the Notice of proposal to adduce hearsay evidence required under s2(1) of the Civil Evidence Act 1995 together with proof of the authenticity of the document(s) as required under s8(1)(b) of the Act, including but not limited to:

 

(a) a copy of the procedure(s) used for copying, storing and retrieving documents

(b) a copy of the relevant log entry showing the time and date of the scan or copy, the name of the member of staff making the copy, the method used for copying, storage and retrieval and time and date of destruction of the original document(s)

© copies of internal and external audit reports covering the entire period from the date of the copy to the present to demonstrate that the procedures have been complied with

(d) copies of Quality Assurance accreditation certificates covering the entire period from the date of the copy to the present to demonstrate that the procedure(s) and audit process(es) comply with the appropriate quality standards

 

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. .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).

d. 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.

e. 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.

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

g. 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.

h. 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).

 

 

I trust the above helps

 

 

Regards

Andy;)

Edited August 2, 2008 by Andyorch

[tristar]

Hi all,

 

I have received a "photocopy" of the Credit agreement from CL Finance as per my CCA request. It does seem genuine and has both my and my ex wife's (additional card holder) signatures on it. There is no signature for Northern Rock PLC (in the "for official use only") box at the topright of the agreement, just a date.

 

Anyway I presume I'm now stuffed on this? What is my best course of action? I would wish to avoid the CCJ if possible. How do I check on the progress of their application to Northampton? Is it best just to call CL or their solicitors and make some arrangement??

 

Any steer welcome. Thanks to all so far, very helpful.

 

[emmaf01]

See if you can get a scan of the document received up on here (minus personal details) and people should be able to say if if is enforceable.

Edited September 23, 2008 by emmaf01

[creditcardmug]

Have you filed a defence?

[tristar]

Hi CCM, no I have not filed anything. I sent all the letters off to the CL, their solicitors etc..... and waited to see what came back. I have now received a copy of the CCA.

 

How doI file a defence? On what grounds? will it cost me upfront??

 

Cheers

Tri:confused:

[emmaf01]

If you have not filed a defence already, have the claimants gone for a judgement already. I thought you had to 5 dayd for the claim to be delivered, then 14 days to file an Acknowledgement of Service, then another 14 days to file your defence (I think Andy already said this above).

 

Did you not file a defence then Tristar?

 

If not, you really should ring the court to see if they have already sought a judgement against you.

[creditcardmug]

Hi tristar, your way past the deadline to file a defence, im surprised you havent had notification of judgement, suggest you phone the court tomorrow to find out what the status is and whether you can still file a defence.

[tristar]

I will phone the court now, on what grounds do I defend??

[42man]

Ring the court first....(find out what the status is) do this as soon as possible....

 

Did you send the CPR letter to the opposing solicitors ?

 

Did they send anything back (apart from the agreement from your CCA request ?)....

[42man]

This would have been a 'typical' defence if nothing had been sent in response to your CPR request ....

 

http://www.consumeractiongroup.co.uk/forum/legal-issues/156156-help-mum-being-taken.html?highlight=birkenhead