Court Claim Received CL Finance Ltd

[atwozee]

Mad – if the order says the claim will be struck out then it should be – if a letter won’t do it then I will pay the fee for a N244 – then claim it back from CL.

[atwozee]

Postman has been and gone – nothing from Cohens or CL Finance – I suppose there’s a slim chance that something could turn up via courier but I doubt it somehow.

 

This is what the Judge ordered (which is what I requested at AQ stage)

 

IT IS ORDERED THAT

 

1. The Claimant shall not later than 4:00pm on 8th May 2009 deliver to the Defendant a verified true copy of each of the following documents mentioned in the Particulars of Claim:-

 

a) The executed regulated consumer credit agreement made between the Defendant and Barclaycard under account reference xxxxxxxxxxxxxxxx together with any terms and conditions that applied to it at the time of signing. The original document must be brought to the hearing.

b) The default notice together with proof of service.

c) The Notice of Assignment together with proof of service.

d) The Deed of Assignment or sale agreement giving CL Finance Limited legal entitlement to make the claim.

e) A full and complete statement of account including all payments made and charges applied covering the period beginning with the day of the making of the agreement and ending on the date of the commencement of this case.

f) A statement from Barclaycard, being the assignor of account number xxxxxxxxxxxxxxxx confirming that said account had not been securitised prior to that account being assigned to CL Finance Ltd.

 

2 In the event that the Claimant shall fail to comply with paragraph 1 of this order the claim shall stand struck out and the Defendant shall be at liberty without further order to apply to this court for judgment and for costs on the standard basis to be subject to detailed assessment proceedings if not agreed.

 

 

 

I will update you after 4:00pm

[supasnooper]

Hope it's good news

[PGH7447]

Good luck Atwozee - I got mine discontinued, when they realised I had them over a barrel

[citizenB]

they probably got their knickers in knot in respect of 1(f) the securisation issue

 

only 3 hours and 8 minutes to go atowzee

[atwozee]

Well done PGH.

Hi CB – Most of the draft directions came from CCM (cheers mate!) but I added the last bit in light of recent discussions – every little helps as they say.

I just hope I don’t get the run-around with the strike out – but the order is pretty specific so fingers (& toes) crossed – then costs I think!

[DonkeyB]

Good luck. I may well be on the pop by 4pm (rugby club dinner starts early these days) so I hope I'll be celebrating whatever state I'm in.

 

I note there's another couple of dodgy CL claims landed on the forum today. These idiots must be stopped in their tracks.

[citizenB]

Well done PGH.

 

Hi CB – Most of the draft directions came from CCM (cheers mate!) but I added the last bit in light of recent discussions – every little helps as they say.

 

I just hope I don’t get the run-around with the strike out – but the order is pretty specific so fingers (& toes) crossed – then costs I think!

 

 

Exactly, sometimes these companies are given so many chances to get things right..

 

Everything is crossed on your behalf and I have become obsessed with time

[42man]

"The original document must be brought to the hearing." - more chance of finding Bin Laden and Lord Lucan having a barbeque in your next door neighbours garden.....

[42man]

I DO like this....

 

"f) A statement from Barclaycard, being the assignor of account number xxxxxxxxxxxxxxxx confirming that said account had not been securitised prior to that account being assigned to CL Finance Ltd."

[atwozee]

Well nothing has materialised – so I have emailed the court requesting the claim stands struck out in compliance with the order – sent a copy of the request in the post also.

Hopefully that will do the trick – will give a final update (hopefully) and summary next week.

Enjoy the pop DonkeyB – think I’ll have a glass or 2 myself tonight.

[citizenB]

Well nothing has materialised – so I have emailed the court requesting the claim stands struck out in compliance with the order – sent a copy of the request in the post also.

 

Hopefully that will do the trick – will give a final update (hopefully) and summary next week.

 

Enjoy the pop DonkeyB – think I’ll have a glass or 2 myself tonight.

 

[42man]

Full credit (so far) Atwoz....this has been quite a confidently handled and clear cut case so far....

[miss trollope]

I note there's another couple of dodgy CL claims landed on the forum today. These idiots must be stopped in their tracks.

 

I guess they just churn them out automatically, I guess a lot of people who are not well versed in the system are bullied into paying up so it probably makes it worth their while. There is something seriously wrong though that they are allowed to get away with it and the courts can't throw them out straightaway without any evidence. A review of the claims system is obviously seriously needed!

[GhostDebt]

They mainly just try to go for summary judgement on people who don't repond or admit the claim.

We have some ongoing cases with these lot and they seem to be getting the cases strung along rather than just giving up and going away but we are making progress.

If interested have a look at

 

C L Finance (GE Store card) - Failure to comply with CPR request.

 

C L Finance - Awaiting Court Action.

 

Regards

[Craftygirl42]

they probably got their knickers in knot in respect of 1(f) the securisation issue

 

 

Could anyone tell me what this part means, I need to submit a CC AQ this weekend, and wonder if it would be appropriate for mine

[someone_else]

Could anyone tell me what this part means, I need to submit a CC AQ this weekend, and wonder if it would be appropriate for mine

 

There's some info on the HMRC website basicly it seems to be selling the debt without selling it - Company X gives Original Creditor sum of money in return Original Creditor passes any funds you give them onto Company X. I assume if the Original Creditor cannot get any money out of you Company X miss out as the OC have had their money.

 

If I understand correctly the arguement is that the OC has already had their money so why are they suing you.

 

Whether they'll actually answer or not is another question, it cannot hurt asking for it in your Draft Orders, as far as I'm aware the Judge won't ask why you want this document, the worse that can happen is that the Judge can decide it's not worth asking for.

 

If you ask for the document whilst at a hearing then you may need to explain why you want it if asked.

[atwozee]

*UPDATE*

I did get a little bit of a runaround by the court – I contacted the Court Manager and asked for confirmation that the claim had been struck out in accordance with the order – the court then wrote to me and asked me to submit a witness statement confirming if any documents had been served by CL Finance – None had so I sent that recorded delivery and a copy via email – that was 2 weeks ago – I chased the court on Tuesday and today I received the following in the post:

 

IT IS ORDERED THAT

 

The claim is struck out

 

This site is truly fantastic and I send out a massive thanks to all who have contributed.

 

Can one of the site team please change the title to WON please.

 

I will be pursuing costs and then making a donation.

 

KEEP FIGHTING!!!!

[citizenB]

Oh what brilliant news. I will do the honours

[citizenB]

Oh what brilliant news. I will do the honours

 

Have changed your title to WON, but there is a technical hitch regarding the moving of it to the Legal Success Forum. I will have someone with more techy knowledge do that for you.

[citizenB]

Have amended title for you, there is a technical hit in the moving of you to the legal success forum. Will have someone else do that for you.

[shammy36]

WELL DONE !!!!! ANOTHER ONE BITS THE DUST:D:D

 

Sham

[atwozee]

UPDATE

 

I requested costs from CL Finance but they didn’t respond – No surprise there then - I asked for £300

 

I then wrote to the court and included a draft order for costs – wasn’t sure if this would work.

 

Received an order from the court requiring CL Finance to pay my costs within 14 days – I didn’t have to pay a fee so this is just to let everyone know that a well drafted letter can work if you are applying for wasted costs.

 

Wonder if I will have to send the bailiffs in!!!

Edited July 11, 2009 by atwozee

[atwozee]

This is a copy of the draft order that I sent to the court - I also included a schedule of costs and a covering letter.

 

 

 

 

 

 

 

 

In the xxxxxxxx County Court

 

Claim number xxxxxxxx

 

 

 

 

 

Between

 

 

CL Finance Limited - Claimant

 

 

 

and

 

 

 

atwozee - Defendant

 

 

 

 

 

Upon reading the Defendant’s letter dated xx/xx/2009,

 

IT IS ORDERED THAT

 

 

1. Claimant to pay Defendant’s costs, the Court being satisfied that the Claimant acted unreasonably in not responding to the Defendants legitimate request for information before and after the claim was issued.

 

2. Defendant’s costs summary assessed at £295.00 based on Defendant’s schedule and allowing 31 hours preparation time.

 

3. Claimant to pay £295.00 to Defendant by 4pm on xx/xx/2009

 

 

4. NOTICE OF ORDER MADE WITHOUT A HEARING

Because this order has been made by the court without considering representations from the parties, the parties have a right to apply to have the order set aside. varied or stayed . A party wishing to make an application must send or deliver the application to the court (together with any appropriate fee) to arrive to the court office within 7 days of receiving this order.

 

 

 

Dated xx/xx/2009

[saintly_1]

Atwozee your thread is updating fine ....

 

When you yourself posts on the thread it dosent show on the New Posts as that only shows new posts that you havent read as you were the one to post then it stands to reason that you have already read the post

 

saint