CL Finance - Howard Cohen - CCJ HELP

[oneahead]

I have sent CL Finance the standard letter for a cca request - they failed to reply in time and i then sent the standard account in dispute second letter. This was 2 weeks ago and still no response. I have electronic proof of delivery for both letters. What is my next step??? Many thanks.

[zazen.warrior]

Do nothing and wait for their next move. When it happens post it here for help.

[oneahead]

I have today received a response from CL Finance to a cca request. They state that the original creditor HSBC have advised them that the original debt is an overdraft and exempt from Part V of the act and that no formal credit agreement exists.

 

I have 100% never had any overdraft from HSBC although i may well have had a loan;).

 

What step should i take next??

[PGH7447]

send hsbc a sar

 

what did CL finance send/say in their first contact letter?

[oneahead]

This is their first contact. I sent cca request then account in dispute letter.

[PGH7447]

is it an overdraft? if yes then they are right

[oneahead]

Most definately NOT an overdraft.

[PGH7447]

send the account in dispute letter to cl then

[oneahead]

Account in dispute letter has already been sent. The reply was that it is an overdraft but this is not true. I need to know what to do next.

[creditcardmug]

Account in dispute letter has already been sent. The reply was that it is an overdraft but this is not true. I need to know what to do next.

 

Dont pay them/ignore them....they will issue a court claim, you defend properly....they lose, end of

[nicklea]

As pgh said, send hsbc a sar.

 

There has been another case I've heard of in the past with hsbc closing a loan account down, transferring the balance to a current account and thereby creating an overdraft and then coming after the person.

[oneahead]

Great - thanks for the replies. Can anyone provide the correct postal address for HSBC in order to send the SAR??

[oneahead]

I have now received the Subject Access Request from HSBC. CL Finance have quoted the debt as an overdraft complete with my old sort code and current account number. The SAR proves that no such overdraft existed but that a loan was written off to Metropolitan DCA. There is no default notice in the SAR from HSBC to myself or NOA to Metropolitan. My understanding is that CL Finance must have bought the debt of Metropolitan but i have no correspondence to back this up and honestly cannot remember the sequence of events.

 

Where do i stand and what should my next step be:idea:

[oneahead]

Urgently need advice on this one. Howard Cohen has applied for a CCJ and court forms have arrived. These are the facts:-

 

• Originally HSBC debt and defaulted in 2004.
  
• Debt sold to CL Finance and token payments made since.
  
• Subject Access Request sent to HSBC earlier this year.
  
• CL Finance stated that debt was overdraft on current account.
  
• Subject Access Request confirms no overdraft existed (but a loan did;))
  
• Account is in dispute
  
• I have no NOA
  

What should my next step be???

[diamondgirl]

Hi and welcome

 

Can you post up the POC?

Who is the claimant?

Is address different for correspondance?

What is the date on the court papers?

Did you get copy of original loan agreement?

Any PPI or Charges on it?

Was account in dispute when sold to CL?

Did you get a DN?

Anything you can scan/copy to your thread will be of great assistant to everyone.

DG:)

[oneahead]

POC - The claimants claim is for the sum of ****** being monies due from the defendant to the claimant under a regulated credit agreement between the defendant and HSBC under reference ******* and assigned to the claimant on ********* notice of which has been given to the defendant.

The defendant has failed to make payments in accordance with the terms of the agreement and a default notice has been served upon the defendant pursuant to Section 87(1) of the consumer credit act 1974.

 

 

The claimant is CL Finance Ltd.

 

CL Finance have corresponded twice, both addresses are different to that on the court form.

 

I have had no contact from Howard Cohen other than their name on the court form.

 

No copy of loan document. Ceased payments after no proof of debt was received.

 

Court papers dated 22nd June.

 

Originally defaulted in 2004 and do not know if DN was received.

 

 

There was PPI on loan but only a few full payments were made before default.

 

Hope this helps. Should i CPR and if so who??

[diamondgirl]

Do the dates and amounts on the POC tally?

In your SAR did you request a copy of the agreement as well?

So you never received a DN to your knowledge and no copy with included with the SAR?

I am assuming the account was already in dispute with HSBC before it was sold on to CL because they should not have sold it on while the account was in dispute.

Did you write to CL and inform them that the account was in dispute?

I think the CPR is the next step to take, however, I am sure someone with more knowledge than I have will be along over the weekend and offer further assistance. I am not sure which is the correct CPR to send as there is 31 and 18 I think, so please hang fire with that until the weekend is over.

You will need to acknowledge service you can do that on line following the instructions on the papers I am assuming this has come from Northampton although you dont have to do that immediately and I am assuming you are going to defend all.

I do not have a great knowledge regarding loans so someone with knowledge on this is needed.

DG:)

[oneahead]

My main concern is that they quote my old bank sort code and account number as their reference for an overdraft debt. As i have never had an overdraft on that or any other account and can prove this, how can they possibly get a CCJ?

 

I have had and defaulted on a loan with them.

 

Where does this leave me and how do i defend?

[oneahead]

Forgot to ask - can they take this action if the account is in dispute?

[ScarletPimpernel]

The OFT Guidance is clear that all collection activity should be suspended whilst a dispute is investigated.

 

However, since Cohen has already brought an action, you can detail the dispute in your defence, and mention the breach of regulatory rules. I'd report them to TS/OFT as well.

[diamondgirl]

My main concern is that they quote my old bank sort code and account number as their reference for an overdraft debt. As i have never had an overdraft on that or any other account and can prove this, how can they possibly get a CCJ?

 

I have had and defaulted on a loan with them.

 

Where does this leave me and how do i defend?

 

This should be another string in your bow for your defence.

 

DG:)

[diddydicky]

SAR to the bank would be useful whilst preparing your defence- some important information there (and hopefully some that is not

[diddydicky]

oops- see yu already did it!

 

any reference in their response to notifiing yu of the assignment and the date and means by which it was done!

[pt2537]

SAR to the bank would be useful whilst preparing your defence- some important information there (and hopefully some that is not

i dont see how this can be helpful?

 

You have, unless extensions are agreed 28 days to file a defence with the court

 

so a DSAR takes 40 days minimum

 

if you need information to defend the claim you need either to make an application to the court or to make a formal request pursuant to CPR 31.14 and follow up with an application if the 31.14 is ignored,

 

waiting for compliance with the DSAR is not an option unless you want default judgment

[diddydicky]

i dont see how this can be helpful?

 

You have, unless extensions are agreed 28 days to file a defence with the court

 

so a DSAR takes 40 days minimum

 

if you need information to defend the claim you need either to make an application to the court or to make a formal request pursuant to CPR 31.14 and follow up with an application if the 31.14 is ignored,

 

waiting for compliance with the DSAR is not an option unless you want default judgment

i wasnt aware they could use 31.14 against HSBC as it is not they who are claiming against him!

 

I thought SAR was 40 days maxiumum not minimum and i personally haev had them back in as little as two weeks

 

i presume he will not put in his defence until the last minute- what has he got to lose?