Allocation questionnaire

[Consumer dude]

I wonder if any one can advise on the following. My partner has received a claim form from Northampton county court regarding a loan from CL Finance Limited. My Partner has not recieved a default notice and also feels was sold ppi under pressure. What is the best way to deal with this issue. 14 days to fill form in but can apply for more time. Any urgent advice would be appreciated. Thanking you.

[debtdeception]

It never hurts to apply for more time and would give you time to sort this out. Check out the PPI reclaim stuff and begin that process regardless. You don't say what the situation is with the loan. I am guessing that your partner is in arrears.

[cerberusalert]

For now fill in the form to defend & the case will be transferred to your local court + give you the extra time you need to create your defence. You can then apply to have the case set-aside because of the PPI issue & possibly any unfair charges which they may have added.

 

You will need to send the original creditor a SAR to enable you to check whether the agreement is enforceable & what possible unfair charges you can reclaim. http://www.consumerforums.com/resources/templates-library/86-debt-collectors/576-subject-access-request-debt-a-dca

[Consumer dude]

It never hurts to apply for more time and would give you time to sort this out. Check out the PPI reclaim stuff and begin that process regardless. You don't say what the situation is with the loan. I am guessing that your partner is in arrears.

 

 

The other thing is the loan has been assigned twice from the original lender. Is this allowed and should the original lender have informed of that rather than the company that ends up with it. Also, is assigment the same as selling a debt ? Loan is in arrears but no default notice recieved by partner.

[Consumer dude]

For now fill in the form to defend & the case will be transferred to your local court + give you the extra time you need to create your defence. You can then apply to have the case set-aside because of the PPI issue & possibly any unfair charges which they may have added.

 

You will need to send the original creditor a SAR to enable you to check whether the agreement is enforceable & what possible unfair charges you can reclaim. http://www.consumerforums.com/resources/templates-library/86-debt-collectors/576-subject-access-request-debt-a-dca

 

 

Should I apply for sar even though a defence for the court will be put in within the 28 days. Will it not compromise the position.

[cerberusalert]

Yes still send for the SAR it doesn't compromise anything, besides it may throw up something else you can use in your defence.

[Consumer dude]

Yes still send for the SAR it doesn't compromise anything, besides it may throw up something else you can use in your defence.

 

Thanks for your help. I already have copy of the agreement which they sent late (six months) but they did send it. Does it matter that they failed to send it within the 12 days ? On the court form it asks the question how much of the claim do you dispute. Not sure what to put at this stage as I need to send SAR for details other than the agreement. Hope you understand. Will this give me more time ? I have no wish to contest the court's jurisdiction but the question is asked do i wish to do so. SAR I guess is where i am up to now.

[Consumer dude]

For now fill in the form to defend & the case will be transferred to your local court + give you the extra time you need to create your defence. You can then apply to have the case set-aside because of the PPI issue & possibly any unfair charges which they may have added.

 

You will need to send the original creditor a SAR to enable you to check whether the agreement is enforceable & what possible unfair charges you can reclaim. http://www.consumerforums.com/resources/templates-library/86-debt-collectors/576-subject-access-request-debt-a-dca

 

Are you saying that they will transfer to local court and give more time on top of the original 14 days (plus 14 ) Getting a bit loss now.

[cerberusalert]

Does it matter that they failed to send it within the 12 days ?

No

Are you saying that they will transfer to local court and give more time

Yes

 

 

.

Can you scan the agreement & post it up after removing identifying details?

 

Also did you receive a default notice? If so, again can you post it up.

[Consumer dude]

No

 

Yes

 

 

.

Can you scan the agreement & post it up after removing identifying details?

 

Also did you receive a default notice? If so, again can you post it up.

 

Not sure how to scan but with advice i may be able to learn how to. No paper evidence of a default notice being sent or recieved. Will any court require evidence of this i wonder.

[cerberusalert]

If you upload them to TinyPic - Free Image Hosting, Photo Sharing & Video Hosting & then copy and paste the URL back here we'll be able to see them.

 

On the Tinypic page left click the 'choose' button & a seperate window will open, choose which file you want to upload and left click 'open', the window will close then left click 'upload now' button. Your document will upload to tiny pic & the page will refresh giving a list of links. Just copy & paste the Url link back here & we'll be able to see it.

[Josie8]

No

 

Yes

 

 

.

Can you scan the agreement & post it up after removing identifying details?

 

Also did you receive a default notice? If so, again can you post it up.

 

No you have to acknowledge within 14 days of service. That will give you a furrther 14 days to file defence. Service is 5 days from issue date. If need be file an interim defence to stop cl getting default judgment.

 

Only after that if claimant wants to proceed does it get transferred to local court

[Consumer dude]

On this claim form from the court it states what the claim is, it gives the reference/account number which is not the same number as on the original agreement. I quote the following.. monies due under a regulated credit agreement made in writing under reference..(states that reference number) which is not the same reference number as on the agreement.. Some one please advise.. Thank you..

[the_shadow]

On this claim form from the court it states what the claim is, it gives the reference/account number which is not the same number as on the original agreement. I quote the following.. monies due under a regulated credit agreement made in writing under reference..(states that reference number) which is not the same reference number as on the agreement.. Some one please advise.. Thank you..

 

Without seeing the agreement its difficult to advise.

 

Have you acknowledged service yet?

 

What documents do you have?

 

a) Agreement

b) Default Notice

c) Assignment notice

d) Termination letter

 

S.

[Consumer dude]

Without seeing the agreement its difficult to advise.

 

Have you acknowledged service yet?

 

What documents do you have?

 

a) Agreement

b) Default Notice

c) Assignment notice

d) Termination letter

 

S.

 

Agreement but nothing else. Can I acknowledge on her behalf where it asks, are you Litigation friend ? or does this term have specfic legal meaning I wonder ? Would I need permission to acknowledge on her behalf in her absense. Date of issue 20th/July. I think last date within fourteen days would be 08th/August which includes five days from issue. Is this correct ? Thanking you for your help.

[the_shadow]

Agreement but nothing else. Can I acknowledge on her behalf where it asks, are you Litigation friend ? or does this term have specfic legal meaning I wonder ? Would I need permission to acknowledge on her behalf in her absense. Date of issue 20th/July. I think last date within fourteen days would be 08th/August which includes five days from issue. Is this correct ? Thanking you for your help.

 

Its 5 days service then 14 days to acknowledge, once acknowledged you get a further 14 days to file a defence.

 

Ok, is she going to defend the claim?

 

I think litigation friend does have a specific meaning and I think its to do with minors in court cases and representing people of reduced mental capacity (sorry couldnt think of a better phrasing of words and that does sound awful )

 

A lay representative is someone who is allowed to speak on behalf of the Litigant in person in court I beleive but I think the LiP has to sign all the documentation etc.

 

If she is going to defend then you need her to get a letter off to the opposing solicitors asap under CPR 31.14, letter can be found here (She needs to ask for everything I listed in the posting above, even though she has the agreement, ask for it again) Send the letter recorded delivery so they cant claim they didnt get it.

 

http://www.consumeractiongroup.co.uk/forum/legal-issues/159445-getting-them-reveal-their.html

 

 

You then need to send the SAR as you've been advised previously to CL finance with the £10 fee and lastly we really do need to see the agreement scanned and posted up here to see if there are problems/issues with it. I'm afraid I'm rubbish at loan agreements but there is a lot of experience already tapped into this thread who will see the agreement when its posted.

 

S.

[Consumer dude]

Claim will be defended. Have

[Consumer dude]

Must have hit button to soon there. claim will be defended. Already sent off agreement for some one to look at. Busy week ahead I think.

[the_shadow]

Must have hit button to soon there. claim will be defended. Already sent off agreement for some one to look at. Busy week ahead I think.

 

Please tell me you havent paid one of those agreement claim firms to look at the agreement?

 

S.

[Consumer dude]

Please tell me you havent paid one of those agreement claim firms to look at the agreement?

 

S.

 

I have'nt paid any one. Some firm said they would look at it free of charge so I thought why not.

[the_shadow]

I have'nt paid any one. Some firm said they would look at it free of charge so I thought why not.

 

Cool! give them a wide berth if they say "its unenforceable, pay us £250-400 and we'll give you the report with the reasons why."

 

S.

[Consumer dude]

As I understand it, If they believe agreement is unenforeable they will take the case on under a no win no fee. If they have doubts they won't touch it as they won't want to be out of pocket. In any event of a win I assume they claim from the other side, unless I've overlooked somethink..

[42man]

Have you sent off a CPR letter ? in line with the Particulars Of Claim ? You must do this, you can find it here (send it recorded) - http://www.consumeractiongroup.co.uk/forum/legal-issues/185051-claim-form-received-today.html#post1992524 and please do stick to the timescales...for acknowledging the court claim and sending in a defence, there is one here - http://www.consumeractiongroup.co.uk/forum/dca-legal-successes/126111-cl-finance-ltd-recieved-4.html#post1350484

[AndyOrch]

Just bumping this for the poster

 

Regards

 

Andy

[Consumer dude]

Just bumping this for the poster

 

Regards

 

Andy

 

Thanks Andy. When the defence form is sent off is there any think else that needs to be sent and can I send them all off at the same time ? Does a CPR letter take the place of a SAR. All I have is the credit agreement with the balance but nothing to show how the balance was arrived at.. No default notice. 22/08/09 deadline for defence to be submited. Just need a little help with the wording..