cl finance vs me - case struck out - what next please?

[gwa70]

the judge issued order for them to comply by 27th and this daye having passed i was advised by clerk that case is automatically struck out as per judges order.......she then added case was dead unless claimant provided cca etc in the future....................now surely a struck out claim is dead in the water and a new claim would have to be filed if they wanted to go at me again??

with this in mind what is my next move...........court said i wouldn,t receive anything in writing to confirm struck out status but can assume it is as claimant hasn,t complied.................i want to act now if i can to drive nail into claimants coffin so they go away and don,t dream of coming back................any advice please

[diamondgirl]

I received a letter from the court telling me the case was struck out and they gave them 7 days to respond (this was with Link), I called the court after the 7 days and was told they had not responded - end of story one would hope that was back in early 2009.

Not a peep from them except for a statement at the end of 2009.

DG

[gwa70]

it was the clerks comment that i would hear nothing unless the claimant wrote to the court or sent in the docs they needed that sent alarm bells ringing...........she wasn,t able to confirm that the claim was dead so got me thinking that maybe i should be pro active and make some sort of move to leave nothing to chance...........court advice seemed a bit vague thats all..............

[diamondgirl]

If the judge ruled 27th for response and they've not done it - should be end of story as far as I know, if I'm wrong someone will let us know.

 

DG:)

[debbbbsy]

The problem with CL is you shouldn't expect anything. Personally I would want something in writing, confirming that the case has been struck out, & CL can't just reinstate the claim when it suits them.

Also, as they have failed to enforce judgement, don't be surprised if they pass it back to the origonal creditor.

[gwa70]

so do i write to the court asking for confirmation.........what would i say...........on the subject of original creditior if cl can,t provide original cca etc then the chances of original being avble to is by default nil or surely they would have by now............its been going on for nearly a year.........assuming cl back off then is there an avenue for trying to get original creditor to write the debt off as legally they have no leg to stand on....anyone had any luck going down this route

[DonkeyB]

I think the court clerk is confusing 'struck out' with 'stayed'. What did the judge's order say? If it said the claim would be 'struck out' for non-compliance with the order, then write to the court requesting that the case be properly struck out. You want it in writing. If the judge had made an order, then you shouldn't need to file an N244.

 

Otherwise it may come back to bite you.

[gwa70]

judges order said it would be struck out by 27th if no reply received.............clerk said no reply so judges order would automatically come into force........i said would i receive a letter and she said no as the order was clear..................if i am to write tot he court again what is best way to word it.........a simple " in light of the non response to your order dated xxxx could the court please confirm in woritng that this claim is now struck out"................would this do???

 

thanks

[DonkeyB]

Yup! You should eventually get a court order saying it had been struck out. No harm geeing them along.

[debbbbsy]

When CL failed to enforce judgement against me, they passed it back to Santander without giving them any background whatsoever. They had no knowledge that a claim had been filed, & had gone to court.

[diamondgirl]

Thats about par for the course with CL

 

DG

[DonkeyB]

When CL failed to enforce judgement against me, they passed it back to Santander without giving them any background whatsoever. They had no knowledge that a claim had been filed, & had gone to court.

 

How can they pass it back when they supposedly bought it? Was it sale or return?

[debbbbsy]

Well, this has been my first response to Santander. I have told them that I am not prepared to discuss any background to this account. As far as I'm concerned CL still "Absolutely" own this debt.

[DonkeyB]

Well, this has been my first response to Santander. I have told them that I am not prepared to discuss any background to this account. As far as I'm concerned CL still "Absolutely" own this debt.

 

Quite right! Unless the assignment wasn't what it seemed and someone has been telling fibs...

[gwa70]

ok i,m a bit confused.....if cl pass it back or to someone else we are likely to go throught the same carry on...........if they can,t provided the CCA etc then surely after 18 months noone will and therefore noone is goong to have a legal leg to stand on...............so what next...just wait for 6 years etc and go for statue barred??.....................

 

i,ve had various people chase me for other credit card debts and every one has backed off after cca request............they all say the debt has been passed back to the original creditor.............i,ve heard nothing from anyone since so do i just sit and do nothing or is there anything i can do with original creditor ...ie attempt to get them to write it off etc..