Marbles Taking Me To Court

[texanbar]

Okay, all done, will be hand delivering my AoS to the court tomorrow, and posting off my letter (by recorded delivery) of a CPR31.14 request to sols for disclosure of said documents in the PoC.

 

x:)x

[Spamalot]

Hi Tex...

 

Did you receive your NOA via registered post? Also have you checked that it is valid?

 

If it quotes an amount it MUST be correct.. if the amount includes unlawful charges then it renders the NOA invalid..

 

Lots of nit picky things you can check on that...

 

Spam.

[texanbar]

Ooh, no I really don't recall receiving the NOA by registered post :-|

 

It does quote an amount, however, I've only got a couple of old statements dating back to October 2005 which show late payment charge fees on them of £25.00 which definitely means the amount would not be correct. Might be easier for me to scan the NOA so you and others can see it.

x:)x

clfinancenoa031109.doc

[Spamalot]

Oh dear,

 

You may have another nail to put in their coffin with them quoting an incorrect amount on their NOA.... have you actually acknowledged the NOA at all?

 

Interesting post for you..

 

http://www.consumeractiongroup.co.uk/forum/legal-issues/133108-deed-assignment-2.html#post1458956

 

Spam.

[pedross]

If the claim was issued from northampton you should be able to do the AoS online.

[texanbar]

Hi Ped, yes claim was from Northampton, and courts are on my way to Uni, so easier for me to drop in. So yesterday the courts received my AoS and a letter was sent to HC by recorded delivery for the CPR31.14 request.

 

This morning, received 'Notice of Default Sums' letter dated 2nd November 2009.

 

It reads:

This notice is being given in compliance with the CCA 1974 because you have been charged with the following default sum(s) under your agreement with us:-

 

Letter/Admin Charge - £5.00

 

Total amount of default sums - £5.00

 

There is a paragraph further down that reads, this notice does not take account of default sums which we have already told you about in another default sum notice (? eh... not received) whether or not those sums remain unpaid.

 

x:)x

Edited November 5, 2009 by texanbar
typos

[pedross]

Not important looking at the whole picture.

[texanbar]

Hi all,

 

Today received a reply back from HC.

 

Due to the fact the claim is for less than £5000, they will not be supplying me with any information, unless directed by the court and would advise that the POC detailed in the claim should be sufficient to allow me to respond accordingly.

 

HOw can I put a defence together when I don't have:

a) A copy of the CCA (just an application form which does not include prescribed terms)

b) Never received a default notice

c) Don't believe the figures on the Notice of Assignment (when they took the debt over from HFC) are correct.

 

Should I do a SAR request?

Any advice would be welcomed - thankyou

x:)x

[Spamalot]

Hi Tex.

 

I think the best thing to do is send a SAR to Marlin and a SAR to HFC...and submit an embarrased defence...

 

Spam.

[texanbar]

Hi everyone,

 

I filed my embarrassed defence online (I would have normally hand delivered this in, but little ones and I had the sickness bug last week). Anyway, on Friday, received a letter from the court saying they had regretfully lost my defence?!? And I have to submit another one!

 

I shall do this on Monday, in the meantime I have sent CL Finance a SAR request.

 

x:)x

[texanbar]

Hi all

 

A quick update on what has happended since my last post.

 

On the 16th Jan, I received a response to my SAR request. Their exact wording on the letter states: Please find enclosed copies of all correspondence within our control."

 

So they sent:

 

one page statement with an opening balance from 04/2008 - £2xxx and last entry showing 22/10/2009 - £18xx

 

10 pages of screen prints varying with information such as

a) detail of my name, address,

b) Legal status : Pre-judgement; (which also says on hold until 25-01-10)

c) CRA score 300

 

Notice of Default sums letter

 

Notice of Assignment letter (which incidentally has one sentence missing from the original one I have. In the original letter, they admit a print error resulting in me not receiving the NOA they allegedly sent, one month earlier).

 

And last but not least, a very poor photocopy of the application form with a copy of T&C's.

 

 

Yesterday, I received a letter referring to the Claim against me. They require payment of the sum due IN FULL, failing which they will seek judgment against me.

 

A paragraph follows about my Name and Address being registered against the CCJ register. Then right at the bottom in capitals it says:

IF YOU HAVE ALREADY RESPONDED TO THE CLAIM PLEASE IGNORE THIS LETTER.

 

I haven't received anything from the courts yet. Knowing Howard Cohen's reputation, should I ring the courts to find out what is going on. I haven't heard anything from them (the courts that is) since 30th November where in response to my embarrassed defence, HC had 28 days to contact the courts.

 

Many thanks as always for any advice

x:)x

Edited February 10, 2010 by texanbar
typo

[pedross]

Hi Tex

If you did respond to the claim you can ignore the letter. If you resubmitted your defence I expect the case has been stayed if HC has not responded in the 28 days.

 

I would check with the court and if it has been stayed it is probably best to do nothing at all.

 

Then follow the theory that no news is good news.

 

Pedross

[texanbar]

Hi pedross,

 

Yes, I submitted the embarrassed defence as I didn't have enough information from the POC. I will give the courts a call this morning and fingers crossed, the claim has been stayed.

 

Will update you about 10:15am!

 

Many thanks pedross

 

x:)x

[texanbar]

Dear all,

 

Just got through to the courts and they have confirmed:

 

THE CLAIMANT HAS NOT RESPONDED WITHIN THE REQUIRED TIMELINE THEREFORE, YOUR CLAIM HAS BEEN STAYED SINCE 5TH JANUARY 2010.

 

x:)x

[pedross]

Hi Tex

 

The next thing they will probably do is request that it is transfered to your local court, but will be told that they need to pay a fee to have the stay lifted first, which they will not want to do.

 

So, as I said before, do nothing if you hear nothing.

 

Pedross

[texanbar]

Will do,

 

Thanks again pedross.

 

x:)x

[texanbar]

Afternoon all - hope you're enjoying this beautiful weather as much as me.

 

Okay, in the post today, I received a letter from Northampton County Court.

 

It says:

 

Before Deputy DJ Elmer sitting at Northampton (CCBC) County Court, 4th Floor St Katharines House, St. Katherines St, Northampton on 19.04.2010

 

The court will deal with the application to lift the stay without hearing under CPR 23.8©

 

It is ordered that:

 

The application to enter Judgment is refused.

The application to lift the stay is granted.

 

There is a defence filed.

 

Note: A party affected by this Order may under Rule 23.10 apply to have it set aside, varied or stayed. Such a party must apply under Rule 23.10 within 7 days of service of this order.

 

Dated: 20 April 2010

 

 

Ok, am I right in thinking they have lifted the stay? Do I need to send in another defence or do I need to wait and see what happens next.

 

Any advice will be greatly appreciated.

 

x:)x

[texanbar]

Have asked site team to move this thread into the Legal forum.

Have a feeling this one is going to roll on and on...

 

x:)x

[citizenB]

thread moved to legal issues as requested.

[citizenB]

Thats what HFC sent me insisting that that is in some way a 'true copy' - where are any of the prescribed terms I asked them? They pointed to the small print in your signature box - which I don't think is quite right I'm sure someone with experience will be by shortly to give a definitive answer.

 

What a load of rubbish, there is nothing in the signature box apart from your signature and the statement to only sign if you agree to the terms. Which should have been on THAT document.

 

Okay, about to sort out my AoS. To share the details with you, this is what the PoC says:

 

 

The Claimant's claim is for the sum of £1xxx.xx being monies due from the Defendant to the Claimant under a regulated credit agreement between the Defendant and HFC Bank Limited under reference ############## and assigned to the Claimant on the 4th April, 2008 notice of which has been given to the Defendant.

 

The Defendant has 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 1974.

 

The Claimant claims the sum of £1xxx.xx

 

I will be ticking the disagree with the Claim due to the following;

 

I do not have a CCA with the prescribed terms. I have in my possession an Application Form.

 

b) I have not ever received a DN from HFC or CL Finance and in time will prepare a defence along those lines.

 

c) The only thing I can agree with is Yes, I did receive a Notice of Assignment from CL Finance dated 2nd July 2008, advising me the Assignment took place on 4th April 2008. The same letter also states that due to a printing error, I may not have received the letter dated 1st May 2008, hence this copy! No, I didn't receive any letter dated 1st May!

 

Any help is greatly appreciated. Will keep you all updated. Here we go again!

 

x:)x

 

Right, can you let us see a copy of your original embarrassed defence. They claim in their POC that they sent you a default notice. You say you havent received a copy. They will need to prove that it was sent, that it was a valid notice and gave you sufficient time to remedy the breach. The Default Notice should have come from the ORIGINAL creditor.

 

Afternoon all - hope you're enjoying this beautiful weather as much as me.

 

Okay, in the post today, I received a letter from Northampton County Court.

 

It says:

 

Before Deputy DJ Elmer sitting at Northampton (CCBC) County Court, 4th Floor St Katharines House, St. Katherines St, Northampton on 19.04.2010

 

The court will deal with the application to lift the stay without hearing under CPR 23.8©

 

It is ordered that:

 

The application to enter Judgment is refused.

The application to lift the stay is granted.

 

There is a defence filed.

 

Note: A party affected by this Order may under Rule 23.10 apply to have it set aside, varied or stayed. Such a party must apply under Rule 23.10 within 7 days of service of this order.

 

Dated: 20 April 2010

 

 

Ok, am I right in thinking they have lifted the stay? Do I need to send in another defence or do I need to wait and see what happens next.

 

Any advice will be greatly appreciated.

 

x:)x

 

 

Yep, looks like the claimant has paid the fees which can be the only reason I would have thought that the stay was in place.

 

Cheeky sods also attempted to get Judgement by default by the looks of things ?

 

The next thing you should receive is a an Allocation Questionairre. You will get the opportunity to request documents that you dont have ie the default notice, original agreement containing prescribed terms.

 

Let us know when the AQ arrives. There isnt much you can do until that time other than research.

 

Who are the solicitors, I am assuming it is CL Finance who are the claimants.