CL finance have no CCA but are taking court action.

[bazaar]

Short and totally to the point, Honourable Judge should be able to understand that one:rolleyes:

[tracy1975]

Have come up with more to add on the end, would someone in the know mind just double checking it for me before I send it please?

 

• I, ****** of *******, make this statement as my defence to the claim brought by CL Finance Ltd.

 

• The Claimant’s Particulars of Claim are vague and fail to disclose any cause of action. They appear to be an abuse of the process, in that they fail to deal with the basic rules of pleading in accordance with the Civil Procedure Rules, even allowing for the constraints of the bulk issue system.

 

• No documents supporting the claims in the particulars have been offered and despite a request to the Claimant for further information made under CPR 31.14, none has been forth coming and as a result I cannot plead in defence to the claim.

 

• Without clarification of the Claimant’s claim, the Defendant is extremely disadvantaged and the Claimant’s claim appears without merit. The Defendant asks to be allowed to submit a fully particularised defence should the Claimant provide copies of the original documents he will rely upon.

 

• Further to the above 4 paragraphs, the Defendant is unable to plead effectively or at all. The Defendant is embarrassed.

Failure of the claimant to supply the requested documentation will make the case much harder for the court to deal with, as non-production of the requested documentation will inhibit the courts ability to deal with the case.

 

This is a straightforward case and is easily resolved on production of the required documentation by the claimant, this being the crux upon which this claim rests, and should the claimant not have the documentation required to progress with the case I suggest that there will be no case to answer.

Therefore it stands to reason that this documentation must be disclosed before this case can progress any further and if the Claimant fails to comply then the claim should struck out. (not sure if I should have put struck out or stayed at this stage?)

 

 

Thanks,

Tracy.

[tracy1975]

Just a thought, can anyone tell me the max. number of characters you get when filing online. The above is 1765 with spaces.

[oneofakind]

Maximum length MCOL will accept is 8000 characters, not a problem.

 

I've seen that extra section on these forums, but really I don't think it adds anything. The Judge should be able to see the simplicity of the case just by looking at the Particulars of Claim, which are entirely reliant on the documents they haven't produced for either of us.

 

Certainly can't hurt, though!

[tracy1975]

I have just submitted the defence. I guess it's just a case on playing the waiting game now.

[kitchenboy]

Hi Tracy,

 

I was in the same boat last year and had to defend 2 claims from this lot but thanks to all the help found on here was successful on both occasions, however be prepared for it to drag on in my case 8 months.

 

The first was struck out and the second went to court, have a look at my thread http://www.consumeractiongroup.co.uk/forum/legal-issues/151417-here-we-go-cl.html as they turned up without an agreement .

 

Hope it helps, good luck.

Edited January 28, 2009 by kitchenboy
fix link

[oneofakind]

Come and join me on the sofa, Tracy. Put your feet up. Biscuit? D.

[creditcardmug]

Tracy, the last 3 paras should have gone into the AQ to follow, but it wont do any harm, you have made the main points.

[tracy1975]

Just thought I'd update you all.

 

Cohen/CL finance's time to respond to the defence ran out a few weeks ago now.

 

I hadn't heard anything so I phoned Northampton today and they confirmed that the claim has been stayed.

 

They also advised that in order for a judge to lift the stay Cohens/CL finace would need to have a good reason and suggested ringing them to find out where they intend to go from here.

 

I have phoned Cohens and whilst they were a bit cagey about talking to me (account in hubbys name) they have said that if a claim has been stayed then they will not be persuing it any further.

 

They also said that it would have been stayed for a reason and hubby is welcome to phone them to discuss the reasons for stay if he wants to.

 

I'm not sure whether to take there word on it about not persuing it any further but I guess all we can do is forget about it for now and deal with it in the future if the need be.

 

Tracy.

[bazaar]

Most likely stayed because they dont have the correct paperwork.

However, that doesnt mean this wont rear up again, have they defaulted your credit files? If they have, then you might want them to clear up that little matter, or pay you for the inconvenience.

[creditcardmug]

You could also make a formal application to the court for their claim to be struck out, and claim your wasted costs