CCJ by Cohens for CL Finance

[littlefatbudha]

Please could someone help, my sister originally owed Asda credit card otherwise known as GE finance some money and had fallen into arrears, so she contacted A debt management company, who contacted a few of her creditors and made arrangements with them for her, one of which was GE Capital.

Anyway everything was ok for a few months and my sister was paying an arranged amount to the debt management company, but then all of a sudden she received a county court summons on behalf of CL Finance and their soilicitors Howard Cohen, and received a CCJ from Northampton Court.

Just a few questions should the debt management company been advised that proceedings had started, as my sister did not know anything about it untill the Court paperwork turned up, and as she was already paying an agreed amount to them.

Should the creditor sent letters to her or the agent acting for her.

Should she or the agent received notice of assignment for the debt, anyway she received a CCJ from them in 2008.

I would like to ask what can i do , who should i send the CCA to, and i would like to receive any information regarding defaults,termination and notice of assignment, would the SAR and CCA be sent to CL Finance as they are the shown on court letter with Cohen as their Solicitors.

Also there are unlawful charges and administration costs from DCA included in amount.

What are the chances if no ,Termination letter,Default letter, or Notice of Assignment letter being received the chances of having the CCJ removed.

Thanks.

[r&b]

hi LFB,

when was the account taken out?

did ur sister receive a claim form from Northampton court or just a judgment and when was this?

did she make any admissions, enter a defence or make any reply to any claim form?

i would think that all correspondence should come through to your sister even if sent to the DMC.

[DonkeyB]

Whatever did or didn't happen, you need to work to get this judgment set aside.

[r&b]

id be inclined to agree donkey but how to approach that requires a little more info otherwise a lot of time, effort and cash can potentially disappear down the proverbial.

[DonkeyB]

Too true. But we all know that CL and Cohen don't play by the rules... can you give us more info LFB, such as particulars of claim, reasons why your sister did nothing when receiving the claim and so on?

[littlefatbudha]

Hi guys, the account is for an Asda credit card, taken out about 2006, my sister fell behind with the payments, and made arrangement through debt management.

also Viking were involved first, my sister has the court letter saying if there is a defence , or you dispute some of the claim etc etc, but never replied and just got a judgement.

As far as she recalls there was no Default, Notice of Assignment or Termination notices, and from what i have been reading in some of the threads, that if these were not sent, then this would be a reason to have CCJ set aside, i have heard it can take along time.

My sister just excepted it as most of us would have done if it was not for this site, no defence was entered or any admitance of guilt.

The main thing is why did they do this if the debt management company had been paying them, also when my sister told the debt management company ,they seemed surprised that this was happening.

The claim was for about £5800 and this included late payment fees etc.

what would be the best course of action, either send SAR to Cl Finance as they are oncourt form as Claimant or send to GE money, or just to send CCA letters first,many thanks.Steve

Edited September 14, 2009 by littlefatbudha

[littlefatbudha]

Have just found out, that while my sister was paying the agreed figures to the DMC, and never missed a payment ,GE Money sold the account to CL Finance on 9th June 2008, and then the court issue date was 17 June 2008 9 days after buying the debt.

on particulars of claim it states"assigned to the claimant on the 11th June 2008, notice of which has been given to the defendant".

So am i right in saying they actually owned the debt on the 11th June.

If they own the debt do they have to now issue their own default notice, termination notice to be able to legally take this to court.

No notice of assignment was ever received from any party involved.

 

Edited September 21, 2009 by littlefatbudha

[postggj]

Did You Get Any Notification Of Legal Action From Cohen

 

Did Any Pre Action Protocol Take Place

[littlefatbudha]

No they bought the debt 7 or 8 days before the court listing,there would not be alot of time to receive and reply to any mail from them.

[postggj]

Right Then

 

We Need To Get This Set Asside

 

It Will Cost 75 Quid

 

You Up For It

[littlefatbudha]

My sister really needs this of her file, she is not able to private rent with this CCj on her file, i have sent a SAR to CL FInance to see if they have notice of assignment or any other letter,defaults etc.

[littlefatbudha]

Please could someone tell me, re this case, does the new claimant have to issue a default notice, before proceeding to court, or can they rely on original creditors alledged default notices etc.

Thankyou.

Have found previous post by Martin which states....................".An assignee does not have to issue a further default notice,but it should be re-registered in the assignees name."

Just a couple of questions, how long would it take to transfer a default notice into the new assignees name,

and would there be a record of this kept by new assignee, or OC.

Thanks

Edited October 4, 2009 by littlefatbudha

[littlefatbudha]

Hi all, have sent off the CCA request and the SAR, i guess just sit back and wait to see what they come back with !

[postggj]

did ge ever send you a default or termination notice

 

who did you send the sar to

[littlefatbudha]

Hi mate, no LBA, Default,NOA or Termination letters were received, my sister did admit the debt, on the reply letter to the court, but surely if these companies have acted outside the legal requirements, that should be enough for a hearing.

The SAR and CCA sent to claimant on summons CL Finance,is that right, also viking debt collectors wre involved aswell.

Thanks for your reply.Steve

[postggj]

ok

lets deal with this

 

your sar should have gone to ge

no matter on cl

lets see what they have but you will need to send another one, thats an sar to ge direct

 

no probs on the cca

 

just get another sar sent to ge

 

remember

 

recorded de;ievery

 

allways

 

cca request to who ever is chasing you for money

sar to the original creditor

[littlefatbudha]

Hi mate, but would it not now be sent to CL Finance as they say they own the debt on the POC, from the 11th June 2008, wont GE tell me to write to them as they alledge own the debt.

Dont suppose you know GE address as i have heard they are now Santander, thanks.Steve

Also would like CCA as i keep reading in everyones posts who have dealt with these, "Clause 7 " keep being mentioned by Coward on the POC.

Edited October 4, 2009 by littlefatbudha

[postggj]

i can tell you now cl finance will have sfa on you

 

as a ccj has been awarded, they have no obligation to give you that info except by an sar

 

i repeat

 

as ge still have your details

they have to by law for up to six years

assigned or not

 

sar goes to them

 

i can see no reason for not getting this set asside

 

not doing the pre action protocol is enough but the more the better

 

its up to a judge at the end of the day

[littlefatbudha]

ok will get one sent off as soon as,thanks.

[littlefatbudha]

Still no response to CCA request which was sent,21 September 2009.

This was sent 1st class recorded, still they have received.What should i do now, as i cant send account in dispute letter as this has already been through the court stage. Do i send a reminder aswell ?

I guess this will help in court at a later stage, that they are not complying with CCA requests.

[postggj]

As Stated

 

A Cca Request Is No Good As A Ccj Has Been Awarded

 

You Need To Send An Sar To The Original Creditor Ge

[littlefatbudha]

i have just recently sent the SAR to Ge money ,so i guess just sit back and wait,thanks.

[postggj]

They Have 40 Days To Comply

 

Chin Up

 

You Have Come This Far

[littlefatbudha]

Yeah i know, its for my sister, and she has had a lot of probs because of this.

Thanks for your help again.

Lets get em where it hurts.

[littlefatbudha]

Have just received some paperwork from the SAR sent to cl finance,

looking at this, the notice of assignment which she did not receive is from cohen and not ge money, also they say they bought the debt on the 11th june 2008.

debt bought on 11th ,proceedings started 12 june 2008, notice of assignment letter alleged sent dated 13th june as letter attached.

so if letter was sent 1st class would not have arrived until 16th june 2008, and the case heard on 22 june 2008.

also have attached agreement sent looks a bit iffy to me, the charges state £12.00 but im sure that they would of been higher than that in november 2006 as dated on the agreement, also no cancellation box etc, does this look enforceable.

The charges state that it will be £12 for late payments etc, this seems a bit cheap for 2006.

it also states on letter sis 3 that letter before enforcement : no , so i take it they did not send letter before action, is this important ?

would they had to of put default notice in there name to procced to court ?

Just got to wait for ge sar, are these letters any use for a legal case,thanks.

 

 

 

Edited November 8, 2009 by littlefatbudha