Judgment against CL Finance

[tendogs]

I have judgment against CL Finance (yeh, it feels sooo good) for a counter claim for costs which they have not paid. What do I do, write to them or send in the bailiffs?

[Ell-enn]

Oh, send in the bailiffs - they'd do it to you !

[mowerman]

Can you provide the link to your original post-if there was one-on how this came about.

[tendogs]

Evening mowerman here it is: - http://www.consumeractiongroup.co.uk/forum/legal-issues/174082-tendogs-howard-cohen-cl.html

 

As you will see it kind of petered out. The outcome was I filed a simple defence with a counterclaim, sent in the AQ, they didn't, the case was struck out and I got costs.

[ncf355]

Nice

 

I've had judgment as well, but have to attend a final hearing to deccide costs

 

I wish they were all so easy to sort

[debtdebtdebt]

Nice one tendogs;)

Result...and thanks for your support.

 

I am waiting for them to comply with instructions from court after hearing.

Keeping quiet until I know more....

[mowerman]

I have to attend a case management conference with these people at court next Monday. Reading thse posts is it likely they'll turn up?

[tendogs]

They will most likely send in a local solicitor, keep your cool, know your facts and let the judge know you're a litigant in person

[mowerman]

Cohen/CL Finance have today sent me a copy claimants witness statement which includes a Notice of assignment from Lewis Debt Recovery-acting for CLF- who I have never heard of. No such notice was ever received and it must have been backdated but how do I prove a negative?

I believe Notice of Assignments must be in a prescribed form and this appears not to comply. Can anyone send the link showing how this notice should be worded? Thanks.

[nicklea]

mowerman,

 

There are very strict rules about how and when a notice of assignment needs to be sent.

 

Sorry a bit busy at the moment but try searching my previous posts for the info you need.

[mowerman]

Thanks nicklea and others.

Having read some of your previous posts it appears that I should defend primarily on the grounds of a suspect NOA,or lack of it, and whether the claimant has a legal right to sue.

Is this an absolute assignment and if so does this letter comply with the required format for such notices.

Should I email the OFT asking the business catagories of CL Finance?

The only document I have received referring to assignment is so small it cannot be scanned and be ledgable so is repeated below. This was never originally received untill now with the witness statement.

 

"LEWIS DEBT RECOVERY 1st May 2008

 

Dear Mr xxxx

We act for CL Finance Ltd. We are instructed to inform you that you debt with AA Personal Fin has been assigned to our client. This means that ownership of you debt has changed to CL Finance Ltd. Formal notice of assignment is set out in the box below.

 

YOUR DEBT OF £XXXX MUST BE PAID TO US IMMEDIATELY.

 

Please note that we are authorised to take futher action against you to recover this debt if it is not paid by 11th May 2008. Please ensure that you quote reference number xxxx when remitting payment.

 

Yours etc.

 

(The following text in their letter is about half normal size and barely readable)

 

NOTICE OF ASSIGNMENT

TO MR xxxxx Account reference xxxxx

We hereby give you notice that AA Personal Fin of R/O Trinity Road,Halifax West Yorkshire HX1 2RG have by an Assignment dated 28th March 2008 and made between AA Personal Fin and CL Finance Ltd assigned to CL Finance Ltd absolutely a debt in the sum of £xxxx due and owing by you to them for the balance due under account reference xxxxxx and you are required to pay the same to the benefit of CL Finance Ltd accordingly."

---------------------"-------------------

 

I have never received any previous notification that the debt was assigned by AA to CL Finance. Were CL Finance obliged to send me such a notice at the time by recorded delivery and what is the format for such notice.

[tendogs]

evening guys, thought I'd keep you up-to-date with CL finance. I sent them a letter before action with regard to their unpaid costs about 10 days ago and I'm just about to issue an N1. I'll let you know what happens

[nicklea]

mowerman,

 

It would probably be best for you to start your own thread on this. The format isn't important but it must have been sent by recorded delivery or special delivery or served on you personally otherwise it is ineffective and there has been no assignment of the debt

[nicklea]

Mowerman,

 

I am replying here to your pm.

 

As I said, the format of the notice isn't important it's how it's sent that is important. This si what I suggest you might find useful:-

 

Assignment of the Alleged Debt

 

1) I submit that any alleged assignment of this debt to the Claimant, [put CL Finance name in here spelled the same as it is on the claim form], is ineffective and so the Claimant has no standing before the court.

 

2) The Law of Property Act 1925 is the relevant act that deals with the assignment of debts. Section 136(1) requires that for the assignment of a debt to be effective, express notice in writing must have been given to the debtor:-

 

136. Legal assignments of things in action.

— (1) Any absolute assignment by writing under the hand of the assignor (not purporting to be by way of charge only) of any debt or other legal thing in action, of which express notice in writing has been given to the debtor, trustee or other person from whom the assignor would have been entitled to claim such debt or thing in action, is effectual in law (subject to equities having priority over the right of the assignee) to pass and transfer from the date of such notice—

 

Section 196(4) prescribes the requirements for giving sufficient notice by post:-

 

196. Regulations respecting notices.

4) Any notice required or authorised by this Act to be served shall also be sufficiently served, if it is sent by post in a registered letter addressed to the lessee, lessor, mortgagee, mortgagor, or other person to be served, by name, at the aforesaid place of abode or business, office, or counting-house, and if that letter is not returned [by the postal operator (within the meaning of the Postal Services Act 2000) concerned] undelivered; and that service shall be deemed to be made at the time at which the registered letter would in the ordinary course be delivered.

 

It is noted that by the Recorded Delivery Service Act 1962 a recorded delivery letter is equivalent to a registered letter and that under the Postal Services Act 2000 Schedule 8 any reference to registered post is to be construed as meaning a registered postal service (eg Royal Mail recorded delivery or special delivery).

 

3) For the assignment of a debt to be effective and so giving the Claimant a right of action a valid Notice of Assignment must have been sufficiently served on me using a registered postal service pursuant to s196(4) before court action is commenced. It is denied that any notice of assignment was sufficiently served on me and so the Claimant has no right of action.

Edited March 28, 2009 by nicklea

[tendogs]

Update, Have today got CCJ against CL Finance

[tendogs]

Mowerman what's happening with you?

[mowerman]

Thanks tendogs.

A sad tale I'm afraid. See my other post:

 

http://www.consumeractiongroup.co.uk/forum/legal-issues/192127-lost-court-today.html

 

At the CMC the judge said he would issue a written order but as yet not received after nearly four weeks. I cannot do any more untill I see that order.

[tendogs]

Sorry mowerman, the DJs are the one thing that can screw the whole thing up.

[Viscount Stair]

... and I'd have gotten away with it if it hadn't for that pesky DJ.

 

By any chance?

[tendogs]

Yer darn toot'n

[Viscount Stair]

Scooby Dooby Doo was the response I was expecting but it might just have been my age.

[tendogs]

Yes, of course, how silly of me. Never could abide them, apart from Velma that is. Velma Dace Dinkley now there's a name to set your heart racing