Notice of assignment recieved

[shabz25]

Hi,

Can someone help me, i received a letter from Howard Cohen & co solictors with the heading Notice of assignment the letter reads as follows:

We hereby give you notice that Santander Cards UK limited of R/O 2 Triton Square, Regents place, London, NW1 3AN, have by an assignment dated 3rd June 2009 and made between Santander Cards UK limited and CL finance Limited assigned to CL finance Ltd absolutely a debt in the sum of £.... due and owing by you to them for the balance due under account number ................ and you are required to pay the same to the benefit of CL Finance Ltd accordingly.

 

Dated 5th June 2009

 

Dear Mr..................

We act for CL LTD.

A claim has today been submitted to the County Court for issue. You should respond to the claim immediately upon Receipt.

Payment in full of £...... being the total amount shown due in the claimincluding costs, will prevent judgement being entered against you.

Payment must be forwarded to this office.

 

 

 

Can some explain if this is serious or just a scare tactic, if serious what do i do, i have today written a letter stating i do not acknowledge the debt and asked for a CCA ( £1 postal order enclosed) and for them to supply deed of assignment.

Please help

[alfwithhair]

More than likely the usual hot air from Cohens.

Who was the original creditor?

Did you receive a default notice?

When was the alledged account opened?

When did you last acknowlege or make a payment towards this alleged debt?

 

If you have made a CCA request then they have 12+2 days to comply, but I wouldn't hold your breath if its Cohens, they will have some excuse why they can't comply,

 

As for the issuing of legal proceeding, there is not much we can do about that until they actually issue them. It is a comman scare tactic to threaten court involvement, but this rarely is followed through.

 

Just sit tight and see what the outcome of your CCA request brings to light

 

This threat might give you some insight as the how the slippery eels Cohens operate

 

http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/197970-howard-cohen-ccj.html

[shabz25]

Thanks for the reply, the orignal creditor was GE mony, the debt is over 6 years old, owing about £700 on card. Sent GE CCA request in Jan 2009 but did not receive anything. Am wrting to Cohen today to aske for CCA, Deed of Assignment. I didn't know GE was not owned by Santander, have received a default notice on 4 of jan giving me 21 days notice.

[alfwithhair]

If you CCA'ed GE in January 09 there is no need to send any further requests.

 

GE Money are in default of your request, just send Cohens' a letter saying the account is in dispute with the OC GE.

 

Santander took over GE Money Credit Cards,Store Finance and Auto Business on 7th January

 

Also if the default notice did not give a specific date to remady the default by, that too would be invalid.

You will not get to see the dead of assignment, there is no obligation for them to sent you a copy.

[shabz25]

Thanks for your help, i will send account in dispute letter.

[harrassed senior]

With regard to the Court 'threat' this is indeed the way that these people work, it has been done before and it is NOT a threat it is very real. There is a thread somewhere which I will try and find.

 

Hopefully the experts will pick this up.

[alfwithhair]

With regard to the Court 'threat' this is indeed the way that these people work, it has been done before and it is NOT a threat it is very real.

 

Correct, there is always the possibility that they will initiate legal action, but on the other hand most of the time is is just a scare tactic to force you to pay up.

 

You have be ready to defend should it happen

[shabz25]

Thanks for the link to Howard cohen thread very useful. Do you know what notice of assignment means, does it mean that they are appointed to the debt or does it mean something else. Would they take me to court for a £650 debt.

[diamondgirl]

NoA means they have sold it on to CL if I'm not mistaken, if I am I am sure someone will correct me.

 

Yes they would take you to court for a small amount and that amount probably has charges on it.

 

I had problems with an account being so called assigned from GE but my was to Link. GE never sends the information you request. Send all your requests for anything to Cohens its up to them to provide it.

 

Don't worry about the possibility of court you are in the right place to get all the help you need.

 

Just found this for you.

 

Notice of Assignment

 

Section 136 of the Law of Property Act 1925

 

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-

(a) the legal right to such debt or thing in action;

(b) all legal and other remedies for the same; and

© the power to give a good discharge for the same without the concurrence of the assignor:

Provided that, if the debtor, trustee or other person liable in respect of such debt or thing in action has notice-

(a) that the assignment is disputed by the assignor or any person claiming under him; or

(b) of any other opposing or conflicting claims to such debt or thing in action;

he may, if he thinks fit, either call upon the persons making claim thereto to interplead concerning the same, or pay the debt or other thing in action into court under the provisions of the Trustee Act, 1925.

 

DG:)

Edited June 24, 2009 by diamondgirl
Added notice of assignment

[shabz25]

Thanks for the information, i,ve never been to court so the whole thing is very scary.

[diamondgirl]

Thanks for the information, i,ve never been to court so the whole thing is very scary.

 

Please don't be scared apparently it is a room with table, chairs, judge and the claimant, I've not been there as my case got struck out, I only know about this by what others have said on the forum. It most certainly isn't like a court with jury.

I know the thought of a court scares everyone, it did with me, but as I said you will get lots of help from the forum

DG:)

[shabz25]

thanks for your reassuring words, hopefully it won't go to court.

[shabz25]

Today i have received the following letter from Howard Cohen Solicitors. I wrote to them telling them the account is in dispute but they have not responded. They say in their letter that i should have received a claim form from the court but i haven;t

 

Dear Mr...........

Re:CL Finance Limited -V- Yourself

Northampton ..................-£........

 

you will now have received a county court claim in the above matter.

We require payment of the sum due shown in the claim of £..... IN FULL, faling which we shall seek judgement against you.

You will readily appreciate the benefits of maintaining your current satisfactory credit history. If judgement is entered against you, your NAME AND ADDRESS will be entered in the register of county court judgements. This may make it difficult for you to obtain credit. Further solicitor costs, for which you will be responsible, will also be added to any judgement entered.

Please quote your ref ................ when submitting payment.

 

 

 

Please help someone. I haven't received a county court claim form. What do i do next.

[diamondgirl]

Does the letter actually give you a Northampton Claim Reference?

 

If this does give you a reference number then log onto the website and put the claim number in it should give you details of the date it is supposed to have been issued. If you don't get any joy then ring the court on Monday and ask them if one has actually be issued.

 

I did get a letter from a DCA before I actually received the papers.

 

What date is on the letter from them, if they have actually applied to Northampton they will have done it on line so they may have sent the letter the same day the applied to the court.

 

Don't worry I know its hard but you will get loads of help on the forum

 

DG

[shabz25]

Hi diamondgirl,

There is a court reference on the letter, the date on the letter is the 23rd June.

I will try an logon online, do i put in Northampton county court in google, will it direct me to the right page.

[diamondgirl]

Hi diamondgirl,

There is a court reference on the letter, the date on the letter is the 23rd June.

I will try an logon online, do i put in Northampton county court in google, will it direct me to the right page.

 

Be back in a min.

[diamondgirl]

Sorry about that I just tried to find my copy of the CC claim that I had against me but I can't just put my hand on it.

 

If you google Northampton Bulk Centre (thats where the papers will be issued from) or Northampton County Court it should take you to the website, you may have to look through it to see if you can find the answer. If you are not able to find the information on the website then give the courts a ring on Monday but DO NOT ring Howard Cohen or CL.

 

It is possible that they have applied on line and it does usually take a few days before it arrive on your doorstep. So in theory it could just arrive tomorrow. If they have actually issued the papers you will get a reference number so you can do your acknowledgement on line, but don't worry about that until it arrives and we can then go through it.

 

They may have completed the claim on line but not actually submitted it to the court yet as they can save it without sending it. It is common practice for them to put the frighteners on as they think we will all buckle at the knees and give in to them.

 

Please don't worry or panic we're here to help.

 

DG

[shabz25]

Thanks diamongirl, i will wait for the papers to arrive and see what they contain.

[diamondgirl]

I would still ring the courts on Monday if nothing turns up you need to be sure they have actually issued one.

 

DG

[shabz25]

I will ring them on monday, thanks for all the help

[shabz25]

Just called northampton court today, they have told me the court papers were sent on the 8th June and the deadline for a defence is up today at 4pm. I'm really panicking now!! The lady from the court has said she will send me a acknowledgement of service which i must complete today and fax over by 4pm for a 2 week extension. I really need to get my defence in, need alot of help from Caggers as i have never done this before.

[shabz25]

Need help completing the Acknowledgement of service form, what do i put in the " in the " section of the form, do i put the name of the court? do i also say i want to contest the claim in full? please help i have just a few hours in which to respond.

[shabz25]

Hi Everyone,

I have received an allocation questionaire from the courts, looks like Coward and co are going ahead with the small claims court of the GE money debt which has now been taken over by CL finance. What does this mean, i have filed a defence myself stating that i will defend all of the claim. I need to complete the allocation questionaire by 3rd September. Can someone help me with this, what will happen after i complete and return the questionaire to the courts.