CL Finance Fraser card

[BANKMARE]

My other half has had a county court claim issued agianst her by our friend HC via CL Finance for a frasercard.

A embarressed defence was submitted and a date set for a hearing on the 3RD September.

Today we have received a response to the CPR requests.

Bundle now suddenly offers a consent order.

leter states as folows:

Further to your Defence the content of which we note, Please find enclosed a copy Agreement, Statements of Account, and Notice of Assignment and Defualt Notice. We can confirm our records show that you were making paymentf of £1.00 per month.

 

In an effort to bring this matter to a satisfactory conclusion, our client is prepared waive the legal costs of £236.00 and accept payment of £51xx.xx by instalments of £1.00 per month, subject to a Consent Order which will avoid the entry of a county court judgement beign registered against your client. This will avoid the need to attend the hearing.

 

We therefore enclose three copis of a Consent Order for your consideration. if you agree to the terms upon the Consent Order please sing all three copies and return them to this office immediately.

We trust this is in order and look forward to recieving your reply.

 

Very odd they admit payment was beign made, but went for a claim anyway, now want to accept the same payments again.

Nice of them to think a judgement would be entered against her.

i have hopefully attached a copy of the original agreement application, defualt notice from CL and Notice of assignment if soem one coudl perhaps give their thoughts on them.

.

 

 

 

 

Edited August 24, 2010 by BANKMARE

[citizenB]

What exactly are the terms of the Consent order ?

 

You do need to be careful that they havent slipped something in that might give them the opportunity to reapply to the court.

 

I dont see any thread in respect of this so not really sure how strong a case you would have.

[citizenB]

I notice you have a thread for another account with CL Finance which also appears to be at the claim stage. Or is it for this account ?

[BANKMARE]

Thanks for the reply.

Here is a scanned copy of the consent order.

This one applies ot my other half, i have my own dealings with HC on a different thread they are two seperate issues.

[citizenB]

Well what that means is that they are prepared to accept the £1.00 that was a concessionary payment when the took the account over. But it also gives them liberty to apply to the court should you fail to make a payment.

 

TBH, I am not sure how to advise you. As I say, I dont know how strong your defence is. I see the amount they are claiming is quite a bit. There is every chance they may want to go back to court at a later date in order to have the payments increased.

[BANKMARE]

The defence was an embarrassed defence for the normal HC/ CL non compliance with SAR, CCA and CPR requests.

My take on this this woudl be pretty much standard, is the Agreement enforceable, No NOA served no default notice served etc.

In any case the account would include penalty charges etc pretty identical to my other thread.

I wonder why they go through the motions of court claim then try and avoid a hearing so late in the day, tiem is getting on with this so i'm not too keen on accpeting the order just fo rthe sake of keeping it out of court.

Any thoughts on defective documents etc so far?

 

Thanks in advance any help is greatly appreciated.

[citizenB]

Ok this is just my observations.

 

The Default notice was dated 13th October with remedy to be made by or before 1st November which is 19 days. Depending on how it was sent to you:

 

1st class - 2 business days for posting

2nd class- 4 business days for posting

UK mail - treat as 2nd class mail

If they cannot prove how it was posted then 2nd class mail is assumed to have been used.

 

IMHO, you will have lost 2 days from the END of this because the 1st of November was a Sunday. Although that argument hasnt been used I dont think and not sure that it would stand up in any case.

 

If that could be argued then you might just sneak in with not having sufficient days. Otherwise, even using 2nd class there would have been 14 days.

 

What I dont understand is how CL Finance are issuing the Default notice. Is this because you were paying them a reduced amount. Because as far as I am aware the oriignal creditor has to issue the DN. You would need to find out from someone like diddydicky or vint1954.

 

The Assignment,were you advised originally that this account was assigned to CL Finance, I am guessing you were because you started to pay them.

 

The agreement, I really dont know if this is enforceable or not.

[BANKMARE]

Cheers for the obs.

No default has ever been received from anyone (until now).

And in the last few minutes HC have been in touch (now they are subject to a complaint to ofcom for telephone harrassment).

And have a gander at my thread as somethign very interestign has popped out of the woodwork.

[BANKMARE]

An interesting little visit to the court last week.

The consent order we didnt feel like complying with so amended it to our taste.

Nice try but we weren't ever likely to sign up to soemthing that would of immediately put us in breach of the order, Cohen's you really have to get up a lot earlier in the day to catch us out on that sort of thing!!

Cohen's had been sent a copy in advance and hadnt written to us regarding it so we took it as being satisfactory.

Cohen's of course were a no show, so the order was rubber stamped there and then done and dusted in less than ten minutes.

Now we deal with the small matter of penalty charges etc oh CL Finance are going to be so chuffed and with complaints winging their way to them too.

Happy days.....

[citizenB]

So this is good news then ?

[BANKMARE]

For the time being yes.

Compared to some of the issues we are dealing with this is trivia and low priority.

So for the time being it is out of the way until we decide to tackle it properly , like i say we have far more serious issues to deal with at the moment.

 

Cheers.