Cl Finance sent court papers for a HSBC debt Help Please !!! *** Discontinued****

[dmb248]

Hi TTS

 

Been busy with work but have read the posts....well done for getting the extention out of HC...but I will state again that they will most likely have nothing to back up the POC, except the NOA that is in the current account number for the wrong amount, as by the time that account was assigned you owed at worst an overdraft of £288.24 as you had been refunded £688.93 in charges off the £977.17 in June 07!

 

Their next move will be to contact HSBC for the documents, and as they purchased your alleged debt on the same day as my alleged debt they will nost likely get the same response....'OUT OF CONTRACT FOR DOCUMENTS' Cos they no longer exsist!

 

For your own peace of mind pay the £10.00 and SADR HSBC stating BOTH account numbers.

 

Looking at your figures in post #31 - I am assuming that the POC state the Current Account Number ......You say you owed an overdraft amount of £977.17 when you fell into financial difficulties. You were refunded £688.93 in charges so could you please tell me how much you have paid off the OVERDRAFT (if HSBC split the payments between the two accounts) since that time and how much in total have you paid to CL Finance since 2007?

 

Once I have that I will PM you a defence.

[trying to save]

Hi dmb thanks for having a look at what i have done so far i was having a root around and found all my statements that i ordered from HSBC when i was claiming for our bank charges on the curren account i will attempt to attach them to this post so that you can have a look and i am in the process of working out what we have paid to them so far.

[trying to save]

[ATTACH=CONFIG]28546[/ATTACH][ATTACH=CONFIG]28546[/ATTACH][ATTACH=CONFIG]28545[/ATTACH] here are the last two statements that we had off HSBC i hope they are readable

Edited June 22, 2011 by trying to save

[trying to save]

sorry still getting used to attaching things on here went a bit mad getting late now need some sleep but at least i think they are clear to read is there to much detail on them could one of the site team please take a look and let me know

 

Many Thanks TTS

[dmb248]

Its an invalid attachement and will not open..

 

Take off all of your personal details and scan an uplad through photobucket.

[trying to save]

 

ok lets try to attach again

Edited June 23, 2011 by trying to save

[trying to save]

ok i give up cannot attach a damn file

 

Got my youngest off school and loads of letters to write could someone give me some advice on attaching files bear in mind that i am not a computer wizz if not i will get hubby to help me when he comes home

 

Thanks TTS

[trying to save]

ok quick update have just phoned the court to see if they have logged my email abt the 30 day stay on my claim which i sent on wed 22/06/2011 to be told they are abt a week behind on paperwork i did flag up the email as urgent and she has assured me that as HC has agreed to the 30 day stay it will be ok my defence should of been in for the 27/06/2011 requested an extension due to HC not yet replying to my CPR 31.14 the lady at the courts said there was notes on my claim regarding me ringing so everything should be ok.

I read the email address back to her and it was ok.

 

Will it ?

 

TTS

[trying to save]

[ATTACH=CONFIG]28587[/ATTACH]ok just clicked on Attachment 28546 in #53 and it did open but 28545 did not work so will try to attach the other page now would be grateful if someone could also try to open the attachment for me

HSBC final 2 statements for 2003.pdf

[trying to save]

Have i attached ok i hope so !!!

 

TTS

[dmb248]

Hi TTS

 

Maybe FAX a copy of the e-mail as well...that will be date stamped on your 'sent document'.

 

With regard the statements I can only read one, however what I really need is what you have paid off the OVERDRAFT since 2003 when the accounts were I assume put with Metropolitan for debt collection, by the time that the alleged debt found its way to CLF in sept 07 including the charges refund was that element (the overdraft) at a ZERO balance, if so your defence becomes very, very similar to mine.

[trying to save]

Hi dmb thanks for looking have been having a read of your thread as well ,

 

in my #59 i have attached Hsbc 2 statements for 2003 pdf its 2 pages and it opens up ok for me ?

 

have worked out what we have paid since CL took it over will do the earlier one should'nt take to long

 

Thanks dmb

 

TTS

[trying to save]

we had already made 3 token payments previously to the bank of £2 which were £1 off the overdraft and £1 off the personal loan

 

have finally managed to get some figures re payments made off this debt got our first letter off metropolitian when they started to collect payments for HSBC dated the 18 April 2003 and it states account number xxxxxx xxxxxxxxxxx our current account number outstanding balance £3093.36

 

We started making our payments to Metro using a payment card and we continued making a token payment of £2 per month

 

03/04/03 - 22/12/03 payments = £18

23/01/04 - 23/12/04 payments = £24

01/02/05 - 20/12/05 payments = £24

20/01/06 - 30/12/06 payments = £22 Cannot find a payment slip for oct

23/01/07 payment = £2

Cannot find a payment slip for feb 07

28/03/07 - 29/06/2009 payments = £8 now being made via internet banking Total payments = £98

letter dated the 27 june 2007 refund of bank charges £688.93

27/07/2007 - 28/09/2007 payments = £6

25/10/2007 letter of HSBC telling us that the account has been sold to cl finance balance outstanding £2300.43 current account no used again and letter also received off cl finance assignment notice asking us to continue to make payments to metro as before.

01/11/07 - 25/01/08 payments = £10

29/02/08 - 29/12/10 payments = £330

05/04/11 payment of £18.99

 

Sorry for the long post hope that this is all the info that u need dmb to give me a hand with my defence

 

many thanks

 

TTS

Edited June 27, 2011 by trying to save

[trying to save]

SAR has gone off to HSBC as well today for the current account and the personal loan acc but did not sign it so i expect i will get a letter asking for a signature

 

still nothing off the cpr 31.14 sent to howard cohen.

 

TTS

[trying to save]

ok after all the hassle of getting a fax of Howard Cohen for an extension as they have not yet replied to my CPR 31.14 request i have received this email today off the court this was not mentioned on the phone to me when i phoned up the courts so will they just go and get a judgement against me and my husband.

 

Thank you for your email, the contents of which have been noted on the court record. Any arrangement made between yourselves and the claimant will be noted, however the claimant can still enter judgment in accordance with the usual timescales should they wish. If you wish to apply to the District Judge for an extension of time for filing your defence you may do so on form N244 (attached) with a fee of £45.00.

If you have any further queries do not hesitate to contact us.

Regards,

my defence should of been in by 4pm on the 27/06/2011 but a 30 day stay was agreed by H Cohen on the 22/06/2011.

I am on a definate learning curve here

TTS

 

 

[AndyOrch]

Incorrect :-

 

The parties may agree an extension of time for the filing of the Defence of up to 28 days (CPR 15.5(1)). Where such an agreement is made the defendant must notify the court in writing (CPR 15.5(2)). An extension for any greater period of time requires an application to be made to the court.

 

Check with me first before your curve flattens out:wink:

 

Andy

[trying to save]

Thanks Andy, you always have the answers, when i contacted Howard Cohen regarding an extension they said that they did a 30 day stay usually so if it was 30 days should an application been made to the court.

 

Call me suspicious but i don't trust HC one bit

 

TTS

[AndyOrch]

Just inform the Court its the standard 28 ( dont pay £45 for 2 extra days)

[trying to save]

thanks Andy will do that by email but they have told me that there is nearly a weeks delay on getting things onto the system.

 

I sent a SAR to HSBC on the 24 06 2011 and received this reply this morning will attach it to this post also they did not send the mentioned application form for me to complete and i did put my account numbers on there for them and my address is still the same as when we had the account with them is this reply pretty standard.

 

TTS

[trying to save]

hope this attached ok

 

TTS

Reply from HSBC re SAR sent 24 06 2011.pdf

[dmb248]

Hi TTS

 

You don't need to fill out there form just send them another signed letter (put X's through it) and any other addresses that you have had.

 

bear with me regarding defence.

 

dmb

[trying to save]

Thanks dmb will be sending that off today to HSBC found a better letter on here last night for the SAR to HSBC hey they are not daft though they kept the £10 and just sent me the reply with no form *******s !!!.

 

Still had nothing off the CPR31.14 that i sent to Howard Cohen on the plus side have had a new I & E done with the CCCS and i can go on a DMP :whoo:although they have told me just to let them know about what is going on with with this matter and when it is resloved.

Depression has lifted a little bit and i have a date for my first counselling session

[consumeredge]

Hi TTS

I’ve no wish to place a damper on events, I’ve read all your thread and what stands out to me is your post 31, "would be grateful for advice really just want to avoid a CCJ at all costs and just continue with instalments feel that Howard Cohen are a bunch of Bullies."

 

Cohen will present a case against you, and whilst they are after a judgement to secure a regular monthly fixed amount, I will say now I deplore their methods and continual abuse of process.

 

The facts are these:

 

25th October 2007 HSBC Bank sent you notice your account had been sold absolute to CL Finance Limited the outstanding balance was £2300.43.

 

CL Finance Limited sent you notice they had been assigned the account, and to continue making payments to Metropolitan Collection Services in the usual way.

 

You continued to make monthly payments, these are classed as concessionairy repayments and recognised as such within the wording of CL Finance Limited’s "Notice of Assignment" the monthly amount paid being dependant on your financial circumstances at any given time.

 

From 29th February 2008 until 29th December 2010 you made payments of £10 per month,

 

October 2010 you sent notice you would increase your monthly payment to £18.99.

 

No payments were made for the months of January and February 2011, A notice was received from Howard Cohen & Co? Dated 22nd March 2011 informing you of impending legal action, no payment was made for the month of March 2011.

 

A payment of £18.99 was made on 5th April 2011.

 

No payment was made for the month of May 2011.

 

cohen then issued a summons against you the first week in June 2011 for the sum of £1944.44

 

The argument that cohen will provide to the court is the account was lawfully assigned and executed pursuant to Section 136 of the Law of Property Act 1925, surprisingly that is true.

 

cohen will be able to provide Statements of Account disclosing consecutive monthly payments of £10 from February 2008 until December 2010,

 

cohen in all probability will provide a copy of your letter last October stating you are going to increase your monthly payment, however, the 2011 Statement of Account will show only one payment of £18.99 was ever received (05/04/2011)

 

The court will rule on the fact you entered into agreement with CL Finance Limited by way of making payments to MCS from February 2008, the case will then centre on the non payments for January/Feb/March 2011, making a payment in April then missing Mays will only serve to strengthen cohens case.

 

In my opinion the way forward for you is to send a letter to cohen that you would consider settlement by way of a consent order, £10 per month, if cohen agrees at least that way you would be spared appearing at court and avoid a ccj. In any event this would show the court willing to settle on your behalf.

 

Again, in my opinion, the argument as to HSBC assigning both amounts from your loan account and current account as one, could be addressed separately afterwards.

[trying to save]

thanks consumer edge for having a look at this for me got a lot of things going on here at the mo and numerous threads as well i am willing to continue with a payment of about £10 per month just had a new I & E done with the CCCS and have £70 per month to be shared between 8 creditors and the CL one is the highest i do not think at the moment i am strong enough to go through what some people on here have appearing at court (please do not think me to be a coward) health is not good at the mo and family problems and child health problems as well so i think that a payment of £10 would take me back to where to last year before everything went ***s up when one of my kids was seriously ill and in hospital for a long time which had a detrimental effect on the finances and then a knock on effect in the new yr.

 

Going forward how am going to suggest this consent order or tomlin order as i do not want a CCJ or appear in court just to pay in installments.

 

TTS

[consumeredge]

Hi TTS

 

I've pm'd you a draft letter to email to Howard Cohen & Co, I would suggest you send this asap, you should receive a prompt reply.

 

Members of the Site Team, TTS is more than welcome to post up the draft letter, it's short and simplistic, howevr,in my opinion when considering all the facts of the claim against TTS, TTS needs to act fast, and in this instance, Howard Cohen & Co receive TTS's proposal without the benefit of having read it first on the forum.