CL Finance court claim - old GE money evans store card

[eoghan]

Hi,

 

I have disputing an alleged debt from GE money and had written asking them for proof of the debt, obiously they were unable to provide all of the evidence requested.

 

This resulted in me having a Tacit Agreement in place with them, but they have still pursued the matter with the court.

 

I have contested the courts jurisdiction by using the Acknowledgement of Service and Stat Declaration of True Name and Notice of Discharge of Claim.

 

The response I have received is as follows.

 

"IT IS ORDERED THAT:-

 

The defence shows no prosect of success and is struck out.

The defendant shall file and serve a fully pleaded defence by 4pm on 23 November 2009.

If no defence is filed the claimant may enter judgement in default.

 

NOTE: A party affected by this order may under Rule 3.3(5) apply to have it set aside, varied or stayed. Such a party must apply under Rule 23.3. within seven days of service of this order"

 

Now I didn't file a defence, I contested the jurisdiction of the court, so do I just send back the correspondence to the court that shows how over a period of 45 days three letters were sent which create the Tacit Agreement.

 

Any help in this matter, would be greatly appreciated.

[Pipster2797]

What is the debt first of all?

[eoghan]

it was a store card - Evans debt is £295.02

[eoghan]

Here is a copy of the final letter sent to Ge Money

 

 

William H Cary

GE MONEY

PO BOX 700

LEEDS

LS99 2BD

 

CC: M Metcalfe; Collections Department

 

15th September 2009

 

 

Re: Account/Credit Card Number: XXXXXXXXXXXXXXXXXX

 

Dear Mr Cary

 

I wrote to you on 5th September 2009 requesting the following documentation, so that I may settle any financial obligation I might lawfully owe:

 

1.Validation of the debt (the actual accounting);

2.Verification of your claim against me (a sworn affidavit or a hand signed invoice in accordance with The Bills of Exchange Act 1882);

3.A copy of the contract signed by both parties and therefore binding both parties.

 

As you have failed to provide the aforementioned documentation to validate the claim within the ten (10) days requested in my last correspondence, we are now in agreement to and have a lawfully binding tacit contract, comprising, the following terms:

 

1.That the debt did not exist in the first place;

OR

 

2.It has already been paid in full;

AND

 

3.That any damages I suffer, you will be held culpable;

4.That any negative remarks made to a credit reference agency will be removed;

5.You will no longer pursue this matter any further.

 

 

Yours sincerely

 

 

 

By:XXXXXXXXX : XXXXX Authorised Representative

 

No assured value, No liability. All Rights Reserved.

[supasnooper]

Please can you post up your defence to the claim and also the Particulars of claim you received.

 

I'd also advise sending GE Money letter no. 8 in the link below, enclosing a £1.00 postal order.

 

The Consumer Forums - Debt collectors

 

I would also advise you send a CPR18 letter (see link below, amend to suit) addressed to whoever is mentioned in the box for sending documents and payments on the Court claim form.

 

http://www.consumeractiongroup.co.uk/forum/show-post/post-1720354.html

[eoghan]

Hi,

 

I have just realised that although this debt was with GE Money, the Claimant is in fact CL Finance Limited.

 

I did request that they provide me with proof of ownership of the debt, they ignored those letters and filed a court claim on October 12.

 

Hence the original response to the court pack that was sent to me.

 

Do I still send CL Finance the CPR18?

 

What do I do about the Court, as I have to file a defence by the 23rd, that's ten days, the CPR gives the Claimant 14 days to respond...

 

Can I ask for it to be stayed so that I can file a defence, as without all of the proper papers received from the CPR18, i would not have all of the facts before me...

 

I haven't got a clue what to do here...

 

Thanks for your help so far, it's fantastic.

Edited November 13, 2009 by eoghan

[supasnooper]

Edit the CPR 18 letter to give 7 days to respond and get it off today by Recorded Delivery.

 

You can't ask for the case to be stayed but you can submit a holding defence against the claim as you don't have a copy of any the documents mentioned in the Particulars of Claim.

 

Please can you type up the Particulars of Claim to see what CL finance have stated.

[eoghan]

POC

 

1.The Claimant's claim is for the sum of 230.02 being monies due from the Defendant to the Claimant under a regulated credit agreement between the Dfendant and Santander Cards UK Limited under reference (my card number) and assigned to the Claimant on the 7th October, 2009 notice of which was given to the defendant.

 

2.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 26.486% per annum from the date of these proceedings to the date of judgement, or sooner payment, accruing at a daily rate of 0.26

 

Signed by Solicitors firm Howard Cohen & Co (Claimants Solicitor)

 

I notice on the CCA which is signed under the company it says

(...for and on behalf of GE Capital Bank Limited) AND not Santander as in the Particluars of claim...

 

So what next?

 

, going to post the CPR18, will be back in a couple of hours to catch up on this post.

 

Once again, thanks for all your help so far.

Edited February 14, 2019 by dx100uk
merge

[PGH7447]

the poc says santander yet the agreement if there is one will be with GE Money so howard cohen as failed again.

 

I would enter a defence now and sod the 14 day deadline plus cohen will not respond to a cpr 18 or 31, he never does

[42man]

I'd go for the CPR31.14 if it was me..... - http://www.consumeractiongroup.co.uk/forum/legal-issues/159445-getting-them-reveal-their.html

 

You can find a good one here which will need reading very carefully and editing - http://www.consumeractiongroup.co.uk/forum/legal-issues/185051-claim-form-received-today.html#post1992524

 

And their rate of interest in their claim is DENIED to them - http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/157091-can-anyone-help-defence.html#post1677413

 

You'll find plenty of threads on CL finance here...

[42man]

As you have never had any kind of account with Santander or CL finance then you may like to use all or parts of this defence - http://www.consumeractiongroup.co.uk/forum/legal-issues/161469-1st-credit-animal-2.html#post1770230

[eoghan]

The defence is compiled from the 1st Credit vs Animal. Awesome.

 

Do I still send the cpr31 to CL Finance?

Or just send the defence through to the court and suck it and see.

 

Thanks, Thanks, Thanks ad infinitum

[PGH7447]

I would just submit the defence but to cross the t's and dot the i's send the cpr to both coward hohen and clueless fcukwits

[brownie83]

hey everyone, I have lost my password so now known as brownie83...

 

I have sent the letter to the court and I must say, the response is promising. T

 

hey have forwarded the def to the solicitors telling me the case will be stayed unless the solicitors still want to fight it out.

 

So we'll suck it and see.

 

Thanks ever so much for all your help so far.

[brownie83]

Hello, got some papers from the court yesterday, i'm finding this all very worrying now...

 

1. They sent me a case has been stayed letter 20th Nov

2. Northampton CC have sent me a piece of correspondence stating

"Notie that a Defene has been filed" They have also moved the case to my local court Bournemouth CC

3. They have given me an 'Allocation Questionnaire' to fill out which is on the small claims track.

 

Anybody any idea what the hell I do now...

 

The Cpr was never replied to by the other side see posts above, original debt was with GE Money... still no response from the solicitors for the 'evidence', I'm having a bit of a freak out here, any help would now be even more appreciated.

 

Thanks.

[42man]

OK try and relax as best as you can.....

 

IS it a 149 or a 150 ? here you go these will help - http://www.consumeractiongroup.co.uk/forum/legal-issues/236086-help-needed-allocation-questionaire.html#post2617129

[brownie83]

ok cool.

How do fill the rest of the form in?

Do I fill it in, eg where it says signature etc do I put the usual

 

Firstname (Title Case) : (Lastname Title Case) XXXXX Authorised Representative

 

Can anyone give me further guidance here?

Do I need to put a copy of CPR that was sent to the solicitors and to CL Finance as neither has responded to my request...

 

this is what I'm going to send to the court,

can someone have a read and let me know if i've got it wrong...

as per above, do I file a copy of the Tacit Agreement, and the CPR request?

 

If the court is in agreement, the defendant respectfully requests that special directions may be given as per the attached draft order.

 

The defendant proposes these directions in mind of the Overriding Objectives, and in particular the duty of the parties to help the court further them. The issues outlined below are the crux upon which this claim rests, and the proposed directions identify these issues and will allow them to be assessed in advance of the hearing so that this claim may proceed justly and expeditiously;

 

without production of the requested documents, I am at a disadvantage and am unable to serve a proper defence. Failure of the claimant to supply the requested documentation will make the case much harder for the court to deal with as without production of the requested documentation will inhibit the courts ability to deal with the case. The House of Lords in the case of Wilson v First County Trust Ltd - [2003] All ER (D) 187 (Jul) made it clear in paragraph 29 of LORD NICHOLLS OF BIRKENHEAD judgement

 

29. The court's powers under section 127(1) are subject to significant qualification in two types of cases. The first type is where section 61(1)(a), regarding signing of agreements, is not complied with. In such cases the court 'shall not make' an enforcement order unless a document, whether or not in the prescribed form, containing all the prescribed terms, was signed by the debtor: section 127(3). Thus, signature of a document containing all the prescribed terms is an essential prerequisite to the court's power to make an enforcement order. The second type of case concerns failure to comply with the duty to supply a copy of an executed or unexecuted agreement pursuant to sections 62 and 63, or failure to comply with the duty to give

notice of cancellation rights in accordance with section 64(1). Here again, subject to one exception regarding sections 62 and63, section 127(4) precludes the court from making an enforcement order.

 

 

Its is respectfully requested this case be allocated to the Fast Track, it is a straight forward case and is easily resolved on production of the required documentation by the claimant, should the claimant not have the documentation required to progress this case I suggest that there will be no case to answer.

 

Therefore it stands to reason that this document must be disclosed before this case can progress any further.

 

***Draft Order***

 

the Bournemouth County Court

Claim number XXXXXXXX

 

Between

 

CL FINANCE LIMITED - Claimant

 

 

and

 

XXX XXXX XXXXXX - Defendant

 

 

Draft Order for Directions

 

 

 

 

The Claimant shall within 14 days of service of this order file and serve the following:

• Copies of the Credit Agreement and any documents referred to within it which complies with the consumer Credit Act 1974 and all subsequent regulations, which the claimant seeks to rely upon, the original documents to be brought to the hearing,
  
• Default Notice compliant with s87 (1) Consumer Credit Act 1974 andConsumer Credit (Enforcement, Default and Termination Notices) Regulations 1983 (SI 1983/1561) as amended,together with proof of service,
  
• Document, contract or deed of assignment
  
• Notice of assignment, with proof of service of the same compliant with s196 of the Law of Property Act 1925.
  
• Copies of any statement or other document relied upon
  

If the Claimant fails to comply with this order, the claim will be struck out without further order

 

The Defendant shall within 14 days thereafter file and serve the following

• An amended defence sufficiently particularised in response to the documents supplied by the claimant
  

 

Hi, I have a deadline on the response to the AQ 18th Dec, can someone please help me here, I'm having a bit of a panic attack, brickin it if I actually need to court as I am totally crap at public speaking never mind a court room. aaaarrrgggghhh...

please please please...

Edited February 14, 2019 by dx100uk
merge

[42man]

The draft orders look fine...but i'm not sure about what you have written above....

[brownie83]

Thanks for stopping by 42man, I need to send the allocation questionnaire (AQ) back to the court by the 18th. I can fill that in ok, from the other threads i've seen, the question is I suppose:

 

As the other side have not responded to my CPR request do I also submit the copy sent to them with my AQ and if so, do I need to word especially that I have submitted it in legalise as it were...

 

Thanks.

[brownie83]

Hello again, I was going to post the AQ response pack today, but I received the following in the post this morning, what should I do?

 

From Lewis Debt Recovery

 

This transcripted from the letter as my scanner is on the fritz...

 

As you are aware, we act for CL Finance Ltd. We are instructed by our client to offer you an incentive to settle your account.

 

In an effort to bring this matter to a speedy conclusion we are permitted to offer you 50% discount of £147.51, in Partial Settlement, providing the the remaining sum of £147.51 is paid to this office by 20th December, 2009.

 

This is a splendid opportunity for you to satisfy your liability to our client with regard to this debt, whilst enjoying a very favourable discount.

 

To make payment by debit or credit card etc etc, then it is signed Shasta Nasir, Collections Department.

 

So... any ideas as to what I should do?

 

Still post the AQ response pack?

 

Do I send anything back to these eejits

 

Thanks in advance.

[Pipster2797]

So they are taking you to court for the amount of £295.02 and they say you can pay 50% now and the other 50% by 20th Dec? That isn't a discount. Plus the sum they are claiming is £230 you say above

 

If you want to settle then settle but why let it get so far if you could pay it or you dispute it?

[brownie83]

I agree, I've come this far, I don't want to pay the bar stewards a damn penny so am willing to take this all the way, just need some advice on what to do next...

[Pipster2797]

If it was me I would proceed as you were before you got the letter. Submit your AQ as planned.

 

After all the reading I have done on here I'm sure some DCA's do things like this so you don't send the AQ back and try and trick you.

[supasnooper]

Please do make sure the AQ is sent back to the court by the date stipulated.

 

A possible penalty for non-compliance for not returning a court document is that costs could be awarded against you.

[brownie83]

Hi,

 

I have finally received some paper work from the court... I have transcribed verbatim below, please read and advise. Thanks in advance.

 

District Judge Hurley has considered the statement of case and allocation questionnaires filed and allocated the claim to the small claims track.

 

The court has made this order of it's own initiative pursuant to Rule 3.3 of the Civil Procedures Rules 1998.

Any party affected by this order has a right to apply to have it set aside, varied or stayed, by application made not more than 7 days after this order was served on the party making the application.

 

The judge considers the case suitable for mediation and the claim is therefore stayed to enable the parties to use the Small Claims Mediation Service. This service is free for court users with a current small claim.

 

Mediation appointments can be done by telephone (avoiding the need to come to court), or face-to-face; parties can also mediate without the need to meet or speak to one another. The mediation is usually limited to one hour and is confidential.

 

Within 7 days of receipt of this letter you must contact the Court Mediator on 01452 XXXXXX or email blah blah@ blah blah.

In case mediation fails to resolve the matter, the claim has been listed for hearing (see date below). Further directions will be issued later if a court hearing becomes necessary.

Refusal or failure without reasonable excuse to attemp to resolve the despute by mediation may be considered unreasonable conduct within the meaning of Prt 27 of the Civil Procedures Rules (the provision which governs the small claims procedure) and therefore may have costs consequences.

Then a litttle bit about the dates of the hearing and fees for the claimant...

 

So what next? I have no idea...

 

I have to reply to the court within 7 days of the letter, that was dated the 13th jan, so am running out of time for some advice.

 

I have emailed the court to say I am happy to enter mediation, they will be in touch to set up an appointment to discuss matters...

 

Anyone advise on what tactics I should be employing in this meeting, things to say, legal points i can raise that type of thing...

 

Thanks. x