county court judgement pending

[jobymartin]

hi

i have 2 halifax loans that got sent to cl finance november

08 i sent a request for the cca with no respones i then followed

up with the account in dispute letter still no respones i have just

recieved a county court claim for both loans from cl finance at

northampton also the same day i recieved 2 responses from cl

finance which said sorry for the delay in getting back to you 1

enclosed telephone aplication said no signiture availiable and the

other letter had a protect your payments form signed by me and

my wife and a signed direct debit mandate and a charges page

with me and my wifes signiture and a halifax signiture and date

no interest amounts could anybody give me any advice in a defence

on this as i have approx 16 days left

 

thanks

[Guest Old_andrew2018]

Urgent Bump

[jobymartin]

whats urgent bump

[foolishgirl]

whats urgent bump

 

Hi joby - means you need help from CAGers & your post has been 'bumped' to the top of the list to get attention - like me!

 

Re. these claims, could you post up the POC details (minus personal details) please so we have an idea of what exactly CL are claiming?

 

Can you also confirm that these were unsecured loans, under £25000 & are they both in joint names ( you mention OH)?

 

When were they signed?

 

Did you ever receive a default notice from the OC & a Notice of Assignment when they were transferred to CL in 2008?

 

Sorry, lots of questions but the way forward depends on your answers...

[slick132]

Hi Joby,

 

Are there any penalty charges included in the total for which you are being pursued. If so, this would be a defence in itself.

 

Moving this to the Legal Issues forum where I hope you get help with preparing a suitable defence.

 

Make sure you Acknowledge the claim in good time and confirm your intention to defend the entire claim.

[jobymartin]

hi whats the best way to scan documents onto here

 

thanks

[foolishgirl]

Use photobucket:

 

Image hosting, free photo sharing & video sharing at Photobucket

 

If you use the IMG link, it will link directly into your posts.

 

Don't forget to remove any personal ID stuff before uploading.

[jobymartin]

 

hi not sure this is correct but will give it a go one loan was for

£10,000 took out 08/05 and one was for £25000 took out 01/04 i

did not get a notice of assignment. in december i got letters with

loan agreement numbers on saying default sums and interest and in november i got loan annual statement these are unsecured loans they

are with halifax then went to blair oliver scott then to cl finance if these photos work then i will upload the others

 

thanks joby

[supasnooper]

your pics are too small to read.

 

Have a read of post 15 in this thread - http://www.consumeractiongroup.co.uk/forum/welcome-consumer-forums/107001-how-do-i-dummies.html

[jobymartin]

[/img]

[jobymartin]

Doc't deleted - repost without the a/c no showing

Edited May 12, 2009 by slick132
data security

[jobymartin]

Doc't deleted - repost without the a/c no showing

Edited May 12, 2009 by slick132
data security

[jobymartin]

doc deleted

Edited May 13, 2009 by jobymartin
data security

[jobymartin]

doc deleted

Edited May 13, 2009 by jobymartin
data security

[jobymartin]

doc deleted

Edited May 13, 2009 by jobymartin
data security

[jobymartin]

[jobymartin]

hope these photos are ok sorry about the feet but this was all

i got back off cl finance since november 08 the first 3 letters are for

the -02 loan and the last letter was for the -10 loan this is all cl finance

sent halifax sent nothing and sent no respones and blair oliver was the same i dont see how they can enforce the loans on hese documents

 

thanks joby

[madi's mum]

Hi Joby

 

You've left your account numbers showing on the court papers you've posted - I made a similar mistake and was advised to remove them from the post so as not to be identified.

 

cheers

 

Madi's Mum:)

[GhostDebt]

You must acknowledge service within the required time period which allows you additional time to file your defence.

It would probably be best to send a cpr request for information to the claimant and their solicitor. Printed not signed via recorded delivery.

And then submit a holding defence nearer the due date.

 

Hope this helps.

[slick132]

Thanks Madi's Mum.

 

I've edited out the two doc'ts which had personal data showing, and I think the rest are OK to leave.

 

[foolishgirl]

First Joby, please be v. careful about your ID security on here - the DCAs & sols. also look in to help them prepare their case against you, don't make it easy by giving away your true ID. I note Slick has removed an obvious post but you would also be wise to repost your docs with the signatures obscured too, the last doc. also has a name on it. Also check the ID you are using on here, you can change it - click the red triangle & ask a mod to help.

 

Re. your claim:

 

1. Repost the POC with your details obscured

2. Send a request off to the sols. under CPR31.14 - this should give you more info to go on - the template is below.

3. The first loan (£10000) doc. appears to be just an application form, I can't see any prescribed terms re. interest etc. but they could be in the para 'Declaration' that is too small to read online. Are they?

4. But MOST IMPORTANTLY - have you sent back the Acknowledgment of Service to the court yet & if so what did you put? (You only have 14 days to do this, with a further 14 to submit your defence)

 

CPR Request Template (with thanks to X20) - amend as necessary Joby to suit your case. Post up if you want it checked over before you send it. Do not sign, print or use digital signature, send Rec. Del.

 

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

[jobymartin]

[jobymartin]

[jobymartin]

hi

there is no terms or % rates i am going to send the Acknowledgment of Service back but not sure what to put and can i do it online it does

say i can what would be the best thing to put on the Acknowledgment of Service

 

thanks

[foolishgirl]

On the AOS tick that you intend to defend all of the claim.

Where it says 'defence' put 'to be submitted at a later date'

You can choose whether to make a counterclaim for the unlawful charges on your account or whether to make it a seperate claim later depending on whether you win this one. If you win this one (which looks possible at the moment as they have produced no enforceable agreement) you wouldn't submit a claim for charges as your debt would be unenforceable anyway so there would be no point in offsetting the charges against it.

 

Was the claim issued by Northampton?

 

What date does the defence have to be in by? If it doosn't say on the claim form, what was the date of issue - you have 14 days from then to submit the AOS & a further 14 to submit your defence