Unknown CL Finance CCJ/CO on Barclaycard debt. **STRUCK OUT**

[DocH]

Great!! Fingers crossed for you.

[deedee43]

i have been to court today and i got the ccj set aside the other side didnt turn up , now i have 2 weeks to file my defence ,havent got a clue, where do i start ?

[DocH]

Well done deedee - great news.

 

Do you have a copy of the court claim form that was issued from Northampton? If not give the Northampton Bulk Centre a ring on this number 0845-601 5935, you'll need your claim number.

 

If you do have a copy then can you post up the Particulars of Claim (POC), minus any figures and your personal details. It would also be useful if you could scan and post up any default notice and a copy of the agreement for the account.

[deedee43]

thanks DocH, i havent got any papers regarding this only the charging order and the letter for the hearing today , it is for a credit card taken out quite a few years ago with providian then was monument then barclay card ,with CL finance now

[DocH]

Okay, if you could please ring the Northampton Court (on the number in my previous post) first thing tomorrow and get them to send a copy of the claim form we can then see what we're dealing with. Emphasize the urgency as you've only got 14 days in which to submit a defence. Do you know the name of the solicitors who were acting for the claimant in this case?

[deedee43]

ok thanks i will ring first thing tomorrow , the solicitors are howard cohen &co

[DocH]

the solicitors are howard cohen &co

 

Thanks for that. If you are at a loose end this evening have a look at the threads on here for CL Finance and Cohen - it will give you a feel for the sort of company you're dealing with and what you'll need to do for your defence.

 

Here's one to start you off with:

 

http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/178782-cl-finance-coward-howen.html

[sleepingdog]

Good on you deedeee ,it takes a lot to turn up at court for the first time. Nice result.

sleepingdog

[DocH]

deedee have you had anything back from Northampton yet?

[deedee43]

sorry ive had a virus on pc havent been able to log on .

I rang northhampton but they told me they have no papers for the case , rang my local court who told me that because it was an online application all they could send me was a computer print out which i recieved yesterday .

The claim is for the sum of £6961.77 being monies due from the defendant to the claimant under regulated credit agreement between the defendant and barclays bank plc T/a barclaycard under reference .............. and assigned to the claimant on the 29th april 2008

The defendant has failed to make payments in accordance with the terms of the agreement and a default notice has been served upon the defendant pursuant to section 87 (1) of the consumer credit act 1974 .

The claimant claims the sum of 6961.77

The claimant is CL finance limited and solicitors are Howard cohen &co

[lisaf]

Hi deedee - well done for going and getting a result! I am going on friday (howard cohens also), did you have to bring anything with you?

Many thanks

Lisa

[paulwlton]

What year did you take the agreement out?

[deedee43]

im not sure when it was but think around about 2000 , it was originally providian then monument and then barclaycard

[deedee43]

Hi lisa, i didnt take anything with me as i had no paper work regarding this claim , the claimant didnt turn up so was just me and the judge .

good luck with yours on friday !

Thanks

Deedee

[lisaf]

Thanks deedee! - getting slightly nervous now!

Lisax

[deedee43]

Thanks Sleepingdog !

[DocH]

Hi deedee, hope you're feeling better.

 

You need to get this letter off to the solicitors in tomorrows post. Please don't sign it with your normal signature and send by Recorded or Special Delivery. Keep a track of it on the Royal Mail website and print off the receipt once delivery has been confirmed.

 

Dear Sir,

 

Re: (Claimant's name) v (Your name) Case No:

CPR 31.14 Request

 

On (date) I received the Claim Form in this case issued by you out of the (Name) County Court.

 

I confirm having returned my acknowledgement of service to the court in which I indicate my intention to contest all of your claim.

 

[Prior to the issue of proceedings I had delivered a request for the production of the agreement mentioned in the Claim Form and on which you rely. That request was ignored][delete if no such request was delivered]

 

Please treat this letter as my request made under CPR 31.14 for the disclosure and the production of a verified and legible copy of [each of the following / the] document(s) mentioned in your Particulars of Claim:

 

1 the agreement. You will appreciate that in an ordinary case and by reason of the provisions of CPR PD 16 para 7.3, where a claim is based upon a written agreement, a copy of the contract or documents constituting the agreement should be attached to or served with the particulars of claim and the original(s) should be available at the hearing. Further, that any general conditions incorporated in the contract should also be attached.

 

2 the assignment*

 

3 the default notice*

 

4 the termination notice*

 

5 [any other documents mentioned in the Particulars of Claim]*

 

* delete if not mentioned in the Particulars of claim.

 

[Although your claim is for a sum which is not more than £5,000.00 and will in all likelihood be allocated to the small claims track for determination upon my delivering a defence, at this moment in time I have not delivered my defence and the case has not been allocated to a track. In consequence the provisions of CPR 27(2) are of no effect and you should not seek to avoid compliance with your CPR 31 duties by claiming otherwise]#

 

# delete if claim for a sum exceeding £5,000.00

 

You should ensure compliance with your CPR 31 duties and ensure that the document(s) I have requested are copied to and received by me within 7 days of receiving this letter. Your CPR 31 duties extend to making a reasonable and proportionate search for the originals of the documents I have requested, the better for you to be able to verify the document's authenticity and to provide me with a legible copy. Further, where I have requested a copy of a document, the original of which is now in the possession of another person, you will have a right to possession of that document if you have mentioned it in your case. You must take immediate steps to recover and preserve it for the purpose of this case.

 

Where I have mentioned a document and there is in your possession more than one version of that same document owing to a modification, obliteration or other marking or feature, each version will be a separate document and you must provide a copy of each version of it to me. Your obligations extend to making a reasonable and proportionate search for any version(s) to include an obligation to recover and preserve such version(s) which are now in the possession of a third party.

 

In accordance with CPR 31.15© I undertake to be responsible for your reasonable copying costs incurred in complying with this CPR 31.14 request.

 

If you require more time in which to comply with this request you must tell me in writing. You must tell me before the time for compliance with this request has expired. In telling me you require more time you must tell me what steps you have taken and propose to take in order to comply with this request and also state a date by when you will comply with this request. In addition your statement must be accompanied with a statement that you agree to an extension of the time for me to file my defence. Your extension of time must be not less than 14 days from the date when you say you will have complied with my request and you must state the new date for filing my defence.

 

If you are unable to comply with this request and believe that you will never be able to comply with this request you must tell me in writing.

 

Please note that if you should fail to comply with this request, fail to request more time or fail to agree to an extension of time for the filing of my defence, I will make an application to the court for an order that the proceedings be struck out or stayed for non-compliance and a summary costs order.

 

I do hope this will not be necessary and look forward to hearing from you.

 

yours faithfully

 

You'll need to alter it to suit your circumstances. Before sending it please take a read of this thread so that you understand what it is about.

 

http://www.consumeractiongroup.co.uk/forum/legal-issues/159445-getting-them-reveal-their.html

[DocH]

Have you had a copy of the court order yet? If so can you post on here exactly what it said please.

[deedee43]

thanks DocH,this is the order i recieved.

Upon the Claimant not appearing and upon hearing the defendant in person

And the court being satisfied that the defendant was not aware of the proceedings and that she has a real prospect of success in her defence

IT IS ORDERED THAT

1. judgment herein is set aside

2. The defendant is to file and serve her defence by 4pm on 3rd feb

3. the charging orders entered in favour of the claimant are set aside

[DocH]

Well clearly with a deadline of 4pm 3 Feb it is very unlikely that you'll get a response to the CPR letter in time to put a defence together. The judge really didn't give you much time.

 

It's not a problem we can put together a holding/embarrassed defence to buy a bit more time.

 

So get the letter off tomorrow. There are several embarrassed defences on the site that can be used, which if nothing is back from the solicitors by Fri we'll get hold of over the weekend. Is the court close enough for you to hand deliver the defence?

Edited January 27, 2009 by DocH

[lisaf]

Hi DocH - sorry to jump in but wondered (if i'm lucky enough to get the set aside on mine this Friday) if i could use the same defence you're giving deedee?

Mine are howard cohen also.

Lisa

[lisaf]

Duplicate post

Edited January 27, 2009 by lisaf
Duplicate post

[DocH]

Hi Lisa, the very best of luck for Friday. Not sure why you need an embarrassed defence. But very basically, all we'll be telling the judge is that we've not received sufficient documentation to be able to submit a fully particularised defence.

[DocH]

deedee just re-read your earlier post, I thought you'd said you had had a virus, but it was the PC. That'll teach me to read posts properly:roll:

 

Lisa, I haven't read your thread, so don't know what has been discussed or what the circumstances are. But with a set aside what you've go to do is convince the judge that you have a reasonable defence, not necessarily a winning defence. Just so long as it's not something fanciful. We missed a trick with deedee's set aside in that she had not seen any of the paperwork prior to the hearing and 14 days doesn't really give much time to collect it all together and write up a defence. If you are in a similiar position then it might be worth asking the judge to give you 28 days to submit your defence.

[deedee43]

Hi DocH , i realised you had misread it . Ive done the letter but missed the first 3 paragraphs out and gone from Please treat this letter , is that ok to send ?

thanks

deedee