On Debt Management Plan, received a CCJ claim form from HC solicitors CL Finance

[newuserantuk]

Hi Everyone,

 

Hope someone can help, I'm extremely worried at the moment due to my financial situation. I thought i was getting back on track in September last year by signing up to Chase Saunders Debt Management Company (DM from now on). I have been paying them £150 since Septmember 2009. I thought everything was running smoothly, however i have now been issued a CCJ claim form from Northampton Court regarding CL Finance and one of my Santander card accounts. I told my DM that i had received this and asked what the hell was going on as i had received emailed statments that all my creditors had been paid on a monthly basis. He said that he would speak to CL finance and try to put my account on hold.

 

1)Do I still need to reply to this claim form?

2)What are the chances of my DM agreeing payment with CL finance?

3)Can this CCJ be stopped before I have to go to court?

 

Any Advice/Help is greatly appreciated, I'm worried sick now.

 

Hope someone can help

 

Thanks,

Tony

[gh2008]

Hi Tony

 

First thing is to take a deep breath and relax I know easy to say - but most of on here have been there and done that and survived and come out the other end with a lot more knowledge and enough power to take them on.

 

to answer your questions

1. YES

2. not a lot IMHO

3. maybe

 

Ok, can you give us the date of the N1 form, together with the claimant, and the POC (particulars of claim) but leave out any personally identifying info, but with the figures give us a ballpark idea of the amounts quoted.

 

Good luck - you've just started a very interesting journey

[gh2008]

There is also going to be the issue of the DM - I wonder just how much of your £150 is going to your creditors and of course the question as to how many of your creditors are actually entitled to payment ......

 

but that's for another thread

[ScarletPimpernel]

A DMP is an informal arrangement, and a creditor can end it at any time. However, the court should take a dim view of a creditor who sues when receiving regular payments under a DMP.

[newuserantuk]

Thanks alot gh2008 and ScarletPimpernel,

 

Ur help really is appreciated.

 

gh2008, here are the details as requested.

 

Date of the N1 form - 11 Jan 2010

 

Claimant -

CL finance Ltd R.O. Kingston House

Centre 27 business park

Woodhead road

Birstall, batley

wf179td

 

Particulars of claim -

The claimants claim is for the sum of £605 being monies due from the defendant to the claimant under a regulated agreement between the defendant and santander cards uk ltd under ref number **********

and assigned to the claimant on the 6th january 2010 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 defendant pursuant to section 87 (1) of the consumer credit act 1974.

 

Pursuant to clause 7 of the agreement, the claimant also claims contractual interest at a rate of 22.320% per annum from the date of these proceedings to the date of judgement, or sooner payment at a daily rate of 0.46.

 

So in total they want £605, plus a court fee of £55 plus solicitors fee of £70. totalling £730.

 

My debt management company has said that i need to fill the N1 in, the admittance form, my personal details and send it to them so that they can fill in the financial side of it. Should i do this?

I wanted to defend against the ccj as i had been told in statements that all my creditors were being paid and wasnt told of any problems over the last four months by my DM.

 

Thanks again for ur help!

[DonkeyB]

Have you had a notice of assignment from CL/Cohen?

 

I can guarantee there is no clause 7 in the T&Cs. There never is.

 

Also, do you have the orginal default notice, termination notice and any terms and conditions? Have you ever CCA'd Santander?

 

Don't do what DM say yet - answer the questions here and we'll help you formulate the best plan. This will certainly involve a CPR31 request to CL Finance .

 

Although you clearly want to pay your debts, the account may be legally unenforceable - Santander have sold it, and true to form CL have gone straight to court without trying to resolve anything.

 

The end result may be that you never pay them another penny - legitimately - and it would serve them right for treating a responsible person so nastily.

[gh2008]

My debt management company has said that i need to fill the N1 in, the admittance form, my personal details and send it to them so that they can fill in the financial side of it. Should i do this?

 

hmmm let us think about that one

 

The computer says NO :grin:

[gh2008]

You also need to ask your DMC to stop payments to Santander/CLF

 

Have a read of this http://www.consumeractiongroup.co.uk/forum/legal-issues/159445-getting-them-reveal-their.html

 

and get that CPR31 letter off to them ASAP at least recorded delivery, preferably special delivery.

 

You've then got a week or so to do lots of reading on the site

[DonkeyB]

Also have a look at pt2537's excellent work in progress here.

 

http://www.consumeractiongroup.co.uk/forum/legal-issues/241827-legal-action-how-start.html#post2702095

[newuserantuk]

Who do i send the CPR31 letter to? The court? CL finance or my DM?

 

sorry i just read i need to send the CPR31 to cl finance

[newuserantuk]

And yes i had a notice of assignment from cohen solicitors yesterday, dated 8th January 2010, which is just 2 days after CL finance took over the debt??

[DonkeyB]

And yes i had a notice of assignment from cohen solicitors yesterday, dated 8th January 2010, which is just 2 days after CL finance took over the debt??

 

Keep the envelope it came in - what was the postmark?

[gh2008]

Who do i send the CPR31 letter to? The court? CL finance or my DM?

 

sorry i just read i need to send the CPR31 to cl finance

 

If you haven't sent it yet, you should also include a paragraph asking for an extension of time (upto 28 days) under CPR 15.5 in which to submit your defence. (From PT's new thread)

 

If they agree to that you need to inform the court of the extended deadline.

[gh2008]

I would change

In addition your statement must be accompanied with a statement that you agree to an extension of the time for me to file my defence.

to

In addition your statement must be accompanied with a statement, in accordance with CPR 15.1, that you agree to an extension of the time for me to file my defence.

Just my opinion mind

[newuserantuk]

Thanks again for your comments, I have ignored my Debt Management Company's wishes for me to fill in the admittance forms, so i am now dependent on you guys helping me out all the way to court:)

Fingers crossed!

 

So i have just acknowledged the court paperwork and have stated that i wish to defand all! hope this was the correct thing to do. The CPR31 will be sent out monday morning, first thing to CL fianance recoreded/signed for next day delivery.

What should i expect to receive back and what happens from there?

[DonkeyB]

They have two habits.

 

1. Deny they have to send you anything and refuse to do so.

 

2. State you can have another 14 days to file your defence while they look for things (which, if the court is not informed, might lead them to get a default judgment!).

 

We're aware of their tactics, so sit tight.

 

Let's wait and see...

[gh2008]

Can I just remind you that at each stage you should be aware of what you are doing and why and that you are aware that it is you making these decisions - there are many on here who will offer help and advice BUT if it does come to court, it will be you there.

 

Ok, I would write to the DMC to tell them what you are doing.

 

Have a good read of the thread that DB pointed to in #9 and have a search on the site for other threads involving CLF as that will give you some idea of what happens.

 

Get the letter off and wait for the response or the 7 days to expire.

Wait for the reply before posting anything you already have up, but you can start scanning anything you already have in and remove all personal details.

[GhostDebt]

Keep us updated, I have issues with this lot as well.

[Nagasis]

Isn't it a bit naughty of them to be assigned the debt on the 6th Jan and then issue proceedings on the 11th Jan without even requesting payment or sending a letter before action at least?

[DonkeyB]

Yes, but this is how they operate. It shouldn't sit well with a judge, especially if there's a costs issue, as the defendant has had no chance to challenge the debt and, as you say, has received no LBA - if there is proven to be a reasonable challenge, then you could argue that the claimant is abusing the court system and is probably wasting the court's time.

 

I think it's something worth raising in a defence, but all it will really do is highlight the unreasonableness of the claimant rather than make any startling legal point.

 

The imperative with CPR is to reach a settlement without resorting to the courts and wasting the court's time - CL Finance/Cohens seem to use it as the first resort. Maybe a mass complaint to the SRA and OFT would be appropriate.

[gh2008]

It is a total abuse of the court process.

This is what is supposed to happen PRACTICE DIRECTION – PRE-ACTION CONDUCT - Ministry of Justice

 

If they don't respond in a timely fashion to the CPR I would go for a strike out due to abuse of process, quoting every pre-action protocol they have ignored and their improper response to the CPR 31 request.

After all before taking action they will have ensured that they already have all the paperwork in order wouldn't they ........

[gh2008]

So i have just acknowledged the court paperwork and have stated that i wish to defand all! hope this was the correct thing to do. The CPR31 will be sent out monday morning, first thing to CL fianance recoreded/signed for next day delivery.

What should i expect to receive back and what happens from there?

 

any news?