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

[trying to save]

Thanks for the link Andy i was actually having a look at this when u posted the link, possible extension i think but if they decide to be awkward r u around to help with a holding defence.

 

Many Thanks

 

TTS

[AndyOrch]

No problem TTS

[trying to save]

Ok just an update phoned HC on Tues and they have said they are still awaiting the documents so they sent me a fax saying that they acknowledge receipt of my CPR 31.14 and as they are a bulk issuer they are unable to store all the documents on site and are in the process getting me the documents that i requested.

Please accept this letter as our agreement to a general extension of time and when they have sent me the documents they will then grant me a further 14 days in which to submit my defence.

So i rang the court and let them know and emailed a copy of the fax to them HC also sent me a copy through the post.

I am still waiting to hear of HSBC about my SAR.

 

TTS

[trying to save]

ok time for an update on this thread this morning i have received a notice of discontinuance for the claim however it is only in my husbands name so i am assuming that they have sent one out for me aswell and i have not received it yet otherwise my claim would still be valid ? so with them discontinuing now where does it leave us can they try to claim against us again as i feel that they cannot get any of the paperwork that they require my SAR from o/c hsbc is on its way.

 

TTS

[AndyOrch]

ok time for an update on this thread this morning i have received a notice of discontinuance for the claim however it is only in my husbands name so i am assuming that they have sent one out for me as well and i have not received it yet otherwise my claim would still be valid ? so with them discontinuing now where does it leave us can they try to claim against us again as i feel that they cannot get any of the paperwork that they require my SAR from o/c hsbc is on its way.

 

TTS

 

As expected TTS , ok was it separate Summons or joint with one claim number? If its one claim number then the NoD is effective for both of you.

 

Well done

 

Regards

 

Andy

[AndyOrch]

I bet your glad you didn't take the consent advise now!!!!!

 

Andy

[trying to save]

Thanks for all your advice Andy and everyone else who advised me along the way, this was a claim where they issued me and my OH with individual paperwork but we had the same claim number on both of our paperwork.

Does this prove that they have no paperwork to back up their claim as it was bought of and original creditor and account number is all wrong as well do i now forget about this or will they try to claim again in the future.

 

TTS

[AndyOrch]

TTS make sure you check with the Court re the NoD they have received it and that case as been stopped.Other may try to bring the claim again but retain the Notice for safety as they would need permission of the Court.

 

Andy

[trying to save]

Thanks Andy was going to ring the courts anyway as i have read in others threads when u receive a NoD to make sure that the courts have got a copy aswell, will keep the NoD in a safe place, so glad i did not go down the consent route as u mentioned earlier as you have helped me a lot through this do i no longer need to pay this now

 

TTS

[AndyOrch]

That is a decision for you to make TTS, but I am sure you know what i would do:wink:

 

Andy

[trying to save]

Thanks Andy I do lol would like to say that if I am successful in securing any of my PPi claims that I will definately be donating this site has been fantastic going to see the CAB on Fri about my next problem with Paragon I am slowly getting sorted.

 

Will continue to use this site as i have learnt so much

 

TTS

[AndyOrch]

Thanks Andy I do lol would like to say that if I am successful in securing any of my PPi claims that I will definately be donating this site has been fantastic going to see the CAB on Fri about my next problem with Paragon I am slowly getting sorted.

 

Will continue to use this site as i have learnt so much

 

TTS

 

Your very welcome hope you stick around and help others, why bother with the CAB far more experience here on Cag

start a new thread with your problem.

 

Well done!!!

 

Regards

 

Andy

[trying to save]

Thanks Andy i have started a thread and from what i have read abt this company some caggers on here have also used the CAB so could just do with that extra backup that may be needed to give them the heave ho and also i have a few others things going on and my son is not good again at the mo hopefully my thread can help someone else and i would love to have the experience like some on here to help others I think that i have definately started a journey on here.

[Old Cogger]

Went to CAB once few years ago, the chap was an ex lloyds bank manager, although helpful in some respects, we came away with the feeling of discontent as priority was a bankers view, was my observation!

[trying to save]

Can understand that Mike i am going fri will see what happens i am following a few threads at the mo and doing a bit of research so i know how others have challenged and won.

 

TTS

[Old Cogger]

Can understand that Mike i am going fri will see what happens i am following a few threads at the mo and doing a bit of research so i know how others have challenged and won.

 

TTS

 

This was just my obervation from my experiance on this particular occassion, not a general rule o.k.?

[consumeredge]

Multiple Defendants

 

Where there is more than one Defendant, the Claimant may discontinue all or part of the claim against all or any of the Defendants (r38.2(3)). The Notice of Discontinuance must specify against which Defendants the claim is discontinued (r 38.3(4))

 

Think about it, if each indivual was issued with a seperate claim there would be no need for the above rule, it is not uncommon to issue a claim to multiple Defendants with one claim number

 

I wouldn't celebrate just yet, by your own admission 2 seperate claims were issued against you and your husband, accordingly Howard Cohen & Co have only served notice that your husband be discharged from the proceedings.

 

I have represented people in similar positions identical to yours,(HSBC/CL Finance/Howard Cohen & Co - 2007) the only difference being that they had not ceased any payments or breached the concessionary repayment agreement as you did, you may wish to read monyl's thread, Howard Cohen & Co served monyl a notice of discontinuance without even receiving a defence, possibly because they monitor the forum and where Howard Cohen & Co provide a standard POC (as with yours) they knew monyl's defence would be based on points of law.

 

I offered advice on a consent oreder as a way forward because you were not in a good position having written offering payments then not making any of them as you had stated.

 

That is evidence against you and I would imagine you signed them at the time, by and on your own behalf, acknowledging to full outstanding balance.

 

Howard Cohen & Co are not fools, you would be foolish to underestimate them.

 

 

Originally you wanted to just continue paying monthly and avoid a ccj, you appear now to believe you can walk away without paying anymore, unfortunately when you read all your thread, CL Finance Limited bought your account, HSBC sent you notice of assignment as did CL Finance Limited, the transaction was lawfully executed, you made payments to CL Finance Limited and received a PPI refund from HSBC, your now of the opinion you do not have to repay the debt on the strenght your husband was served a notice of discontinuance

 

Good luck

[AndyOrch]

Hi TTS

 

Just to reassure you yet again, on the NoD does it state reason for discontinuance? Attached to the NoD (or separate) there should be a notice to all parties.Have you received a copy yourself (not hubbys)

IE you, have you been informed and have they asked your consent?

 

Procedure for discontinuing

 

38.3—(1) To discontinue a claim or part of a claim, a claimant must—

(a)file a notice of discontinuance; and

(b)serve a copy of it on every other party to the proceedings.

(2) The claimant must state in the notice of discontinuance which he files that he has served notice of discontinuance on every other party to the proceedings.

(3) Where the claimant needs the consent of some other party, a copy of the necessary consent must be attached to the notice of discontinuance.

(4) Where there is more than one defendant, the notice of discontinuance must specify against which defendants the claim is discontinued.

 

If they have failed to follow the correct procedure of Discontinuance you could threaten to set a side the notice unless a NoD is served on you also,

should you have to.

 

Regards

 

Andy

[consumeredge]

your misinterpreting CPR 38, the Claimant does not need the consent of the Defendant to serve a noticeof discontinuance nor do they have to give a reason why to the Defendant or the court. If anyones in any doubt google CPR 38 and then HMCS form N279

[AndyOrch]

In this matter two sets of summons were issued both in joint names both with the same claim number.The debt is joint and several

so any NoD applies to both parties.The Claimant as made an error in only naming one defendant.

 

In response to the post above I'm fully aware of what a N279 states and proposes in accordance with the CPR the red highlight

signifies the errors made by the claimant.

 

Andy