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CL Finance claimform

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Hi Guys,

 

Can anyone help me with this awkward one.

 

CL Finance issued County Court Claim against me in Aug 08.

 

After taking advice from members here, I defended the claim.

 

In Dec 08 The deputy district judge ordered that the claimant file and serve within 14 days-

Copies of credit agreement and any othe rdocuments

Default notice

Document, contract or deed of assignment

Notice of assignment

Copies of any satement or other document relied upon.

 

I received nothing.

I asked the judge to issue appropriate directions to the claiment.

 

Nothing was done.

 

Then, a date was set in the small claims court for Feb 09 so I phoned the court to tell them I had not received any paperwork and as such couldn't defend myself. I was then told that the claimant had asked for an adjournment on 30th Dec 08.

They then sent a letter to the court stating that the case had been settled.

 

What had actually happened was that My DM comapny Payplan had sent all my creditors a revised offer, and this included CL Fianance, who obviously knew they had no paperwork and decided to accept offer of monthly payment and drop the court case.

 

However, I never received anything from CL Fiance or the court to say the case had been dis-continued or whatever.

 

Now my circumstance have changed for the worse and I have missed some monthly payments to my DMP. I am still trying to sort out revised payments with them but in the meantime, CL Fiance have wrote to me quoting the original CC Case no, staing they will apply to the court for Judgement against me if I do not pay the missed amounts.

 

Surely, if they wrote to the court adjouning and stated settled, they cannot therefore re-open the same CC Claim against me/

 

Any advice greatly received.

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Do you have a copy of the letter that they sent to the court? Does it say settled or that they have accepted a repayment plan?

 

If it's the latter, and you have now defaulted on it, then they will be able to revive the original claim.

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