C/L Finance court claim form received today

[maddiemay]

I have rather stupidly let one slip through the net, I have requested (with the help of this great site) CCA'S from all of my other creditors and so far nothing of any sense has come back and all has been quiet, for now at least. The only one I was not too worried about was an HSBC credit card which I had been paying £50 a month to DG solicitors until around Oct 08. I struggled to pay it,but because I had a bank account with HSBC and they were in a position to threaten me with removing my o/d and debit card, which they eventually did anyway, I continued to do my best to pay it. In Feb 09 I had a letter from CL saying I should continue paying the £50 to them as the account has been assigned to them in Dec 08, the notice of assignment was in a box at the bottom of the letter and enclosed was the notice of assignment from HSBC. This is where my stupidity comes into it as I never bothered to CCA them nor contact them, assuming I would receive something else long before any court claim, and to be perfectly honest I have so many personal issues going on, I was focussing on those things, while the creditors were quiet.To my horror today I received a claim form. I need step by step help with completing the claim form and any help whatsoever with where I should go with this. The debt is for nearly £8,000 including loads of charges (started at about £5,500 I think) and according to them was taken out in 2001.I have been signed off work long term, due to depression and various other person issues and have recently been awarded the lowest rate of DLA, other than that my only other income is my child benefit, I am married and my husband works but, is in the constuction industry and is in enough mess with his own finances. He already has several charging orders on our home placed by his creditors one being First Direct (HSBC)which was what prompted me to seek information and found myself here.I do know a bit about how the legal route works and can adapt letters, thanks to CAG, but need to know if its too late to ask for a CCA and which letters to adapt and send to whom, also what bits do I fill in on the claim form. Sorry this is so long, I would be really grateful of some advice.

Thanks again

[kurvaface]

You will need sight of a copy of the original credit agreement in order to mount a defense. You can CCA them but I think under CPR they will have to disclose to you everything they intend to use in the hearing anyway so you could get the info that way. Without a copy of the original agreement what case do they have?

 

The other issue you have of course is charges. I don't know whether you counterclaim for this or use some other proceedure.

 

edit: can you post a copy of the claim minus your details?

[maddiemay]

Thanks Kurvaface for your prompt response, its probably easier and quicker to write it as I'm not sure how to scan, The claimant 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 plc under ref num....... and assigned to the claimant on the .....08 notice of which has been given to the defendant.

The defendant failed to make payment 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 1972.

The claimant claims the sum of £****.** lots of love Howard Cohen from Northampton

1 Shall I do the aos online.

2 Shall I ask for more time

3 shall I request SAR or just CCA

 

A bit at a time is good, I like that

[kurvaface]

I have been reading a slightly similar thread to this: http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/207473-boxclever-toffee.html

 

Your case swings on the validity of the CCA and assignment so those are the two things you need to scrutinise. CPR 31.14 is a mechanism by which they will have to provide all documentation that they will use to support their case in court and it wont cost you more than the recorded delivery.

[maddiemay]

Just one more thing, do I send the CPR 31.14 to Cohen or CL Finance ? I have defended the claim and contested Juristriction on line, would that be around 28 days I have now to get my defence together ? I will have a look a the link to Boxclever now, and hopefully be able to leave you in peace. Thanks again

[AndyOrch]

Just one more thing, do I send the CPR 31.14 to Cohen or CL Finance ? Cohen I have defended the claim and contested Juristriction on line, You dont contest Juristiction would that be around 28 days I have now to get my defence together ? I will have a look a the link to Boxclever now, and hopefully be able to leave you in peace. Thanks again

 

Regards

 

Andy

[kurvaface]

Send CPR to the Claimant. as for time limits, sorry I don't know.

[AndyOrch]

Send CPR to the Claimant. Cohen the Claimants Sols it even states it on the summons as for time limits, sorry I don't know.

 

Yes if you defend in whole you gain an extra 28 days to submit your defence

 

Regards

 

Andy

[the_shadow]

Hi maddiemay

 

Personally I would SAR HSBC too, for the sake of £10 it could give you info to use later on in the case. Need to ask for everything especially manual intervention records. The info no doubt will NOT come in time for the defence but if the solicitors ignore the CPR and you plead an embarrassed defence then it should come prior to judges directions and the amended defence.

 

S.

[42man]

Send anything recorded delivery too.....

[maddiemay]

Just to clarify then, CPR 31.14 goes to Cohen and SAR plus £10 goes to HSBC.

[the_shadow]

Just to clarify then, CPR 31.14 goes to Cohen and SAR plus £10 goes to HSBC.

 

Yep as 42man pointed out recorded delivery too

 

S.

[kurvaface]

Yes.

 

CPR to claimant.....Cohen and SAR to HSBC. This way you get the best of both worlds although I doubt you will get the SAR back in time.

[maddiemay]

Brilliant thanks, doing it now.

[nicklea]

HI maddiemay,

 

Actually, it will help your case that you did not send any letters to CL FInance as this means you have not acknowledged notice that the debt has been assigned to them and so they don't have a leg to stand on.

 

When you do the defence be sure to put in the bit about notice of assignment and seeing the actual document of assignment

[maddiemay]

Oh, I like your style,have never comunicated with them at all, I could always plead Im not right in the head too (signed unfit for work by DWP for foreseeable future) and the nice judge might write it off, they have absolutely no chance of ever getting anything off me as I simply dont have any income (£20 DLA) until I return to work, which looks like it could be a long way off yet.Do I mention what you suggested along with the CPR 31 or in my defence for court, sorry to be so dim and Thanks

[maddiemay]

Ops sorry, I really must read slower and take it in, as your post says, in the defence. Thanks again

[maddiemay]

Can anyone point me in the direction of how to word my defence. Couple of questions :

Where do I send the defence, the claim form came from Northampton

Can I send it sooner than the deadline as I am going away.

Should I remind CL Finance they have run out of time with regards to the CPR request/asked for more time.

When do I ask for it to be heard at my local court

I think thats it for now

Thanks

[mixster]

My husband also has problems with summons court case on 21/9/09. was only able to get CCA agreement through GE money originall lender but no assignment of debt. Agreement looks odd and need help. GE money (now santander) say CL Finance has to supply. I thought lender had to issue in writing? CL finance have sent copy letter which says debt assigned to them, letter dated 18 June 2007.

 

Actual agreement headed "application" does not say much two parts are application and short part details interest 2.27% per month APR 30.9 variable and minimum payment terms. Signature box says this is "a credit agreement". Staements supplied missing prior to 17/4/03 balance 625.40, April 0318/5/07 owed 546.21, total interest 613.62, total purchases 454, charges £75 and payments made 1363.7, balance 421.21 at June 2009.

 

I am not sure posting in right place but can anyone help?

 

Thanks

[nicklea]

maddiemay

 

Have a look here:-

 

http://www.consumeractiongroup.co.uk/forum/legal-issues/177213-ccj-registered-7th-december.html#post2232497

 

and see if you can adapt it to your situation. If you need any further help then give a shout

[nicklea]

My husband also has problems with summons court case on 21/9/09. was only able to get CCA agreement through GE money originall lender but no assignment of debt. Agreement looks odd and need help. GE money (now santander) say CL Finance has to supply. I thought lender had to issue in writing? CL finance have sent copy letter which says debt assigned to them, letter dated 18 June 2007.

 

Actual agreement headed "application" does not say much two parts are application and short part details interest 2.27% per month APR 30.9 variable and minimum payment terms. Signature box says this is "a credit agreement". Staements supplied missing prior to 17/4/03 balance 625.40, April 0318/5/07 owed 546.21, total interest 613.62, total purchases 454, charges £75 and payments made 1363.7, balance 421.21 at June 2009.

 

I am not sure posting in right place but can anyone help?

 

Thanks

 

mixster,

 

It will be easier if you start your own thread to get some help. Have a look at the link I posted above to start with. Although that case was slightly complicated because the OP didn't actually know the name of the claimant in the case.

 

If you only communicated with CL Finance after they sent the blue court form to you then you have a strong defence about the assignment. I would also suggest that you have a strong defence that no notice was given of the assignment from GE to Santander

[nicklea]

Can anyone point me in the direction of how to word my defence. Couple of questions :

Where do I send the defence, the claim form came from Northampton

 

Send it back to northampton - or you can do it online

 

Can I send it sooner than the deadline as I am going away.

 

Do it as soon as you like

Should I remind CL Finance they have run out of time with regards to the CPR request/asked for more time.

 

A solicitor would send a chasing letter saying that otherwise they would apply to the court for an order requiring them to disclose and that would mean extra costs for the creditor so they tend to take it more seriously. Whether they would take any notice of you as a LIP is another matter.

When do I ask for it to be heard at my local court

 

It will automatically be transferred to your local court when you submit your defence

 

I think thats it for now

Thanks

 

replies above

[maddiemay]

Brilliant advice for me too, I'm in simular situ, Thanks

[maddiemay]

I need to send my defence off now as I will be away when it becomes 'due' for filling, I have a couple of questions, the above post says it will be transfered to my local court when I submit my defence, a) shall I put in my defence I will be away, knowing how unscrupulous CL are b) do I send a copy to CL as well as Northampton. Thanks

[AndyOrch]

I need to send my defence off now as I will be away when it becomes 'due' for filling, I have a couple of questions, the above post says it will be transfered to my local court when I submit my defence, a) shall I put in my defence I will be away, No not ness knowing how unscrupulous CL are b) do I send a copy to CL as well as Northampton. Thanks

No Northampton will forward a copy on reciept of your input If you are submitting online MCOL.

Regards

Andy