CL Finance Claimform - old halifax credit card **WON+Charges back fron the OC**

[kia]

hiya dont know whether this is the right bit for this but here goes ive got as summons for my halifax credit card that ill hold my hands up i didnt pay but its the amount that im not sure about my credit card had a limit of £1300 but they say i owe £2000 now i think the rest is made up of charges so what do i do do i admit the whole amount or do i admit just to the £1300 but will i have to appear in court if i do not really sure what to do so if anyone can help id be grateful xxkia

[dpick]

Hi if balance is > £2000 on a card with limit of £1300 then there has to be charges and interest applied to those charges. So first off I would apply to the court for adjournment (I believe) to allow you a counter claim for refund of charges (you may need to do S.A.R - (Subject Access Request) to get total charges) I am not sure how you would apply for adjournment but there is an A to Z guide here

 

http://www.consumeractiongroup.co.uk/forum/consumer-forums-website-questions/53182-cant-find-what-youre.html

 

all the best dpick:)

[A6er]

Hi

 

If its a County Court Claim Form you got you can go online and ask for an extension to the 14 days you normaly have to reply by.

 

you can log on to www.moneyclaim.gov.uk and enter the Claim Number on the forms top right corner with the password under Importanat Note section of the form.

 

Once you are in,follow the prompts to confirm the Acknowledgement of Service and choose the options for lodging a later defence.This wil give you extra time in which to sort things out.

 

I did mine today and it works out that you get 28 days from the Date of Service (which is calculated as 5 days from the Date of Issue on the form).

As mine was issued on the 12 september that makes the Date of Service the 17 septmber,28 days from that date gives me till 15 october in which to lodge a defence.

 

Once you have done that you should SAR Halifax to see what charges have been appilied then get back on here for further advise.

 

 

 

Hope this helps

[kia]

thank u both have asked for more time online now the sar request ill let u know when theyve responded xxkia

[Having_A_Knightmare]

When did you open the credit card account.

 

Who is taking you to court halifax or DC

[kia]

itll be a while not entirely sure exact date but about 4 years maybe more and the claimant is c l finance limited is this normal?whos DC? xxxkia

[Having_A_Knightmare]

Are CL finance the debt collector. If so it would be woth sending them a CCA request to see if they are legal allowed to collect the debt.

[kia]

but the form came from the court so surely its ok and know im thick but whats a CCA xxkia

[ab123uk]

Hi Kia, a CCA is the Consumer Credit Agreement you sign upon opening your account. As a DC(debt collector), CL finance, or anyone else for that matter cannot colect a debt if they don't have this*.

 

The CCA request is in the templates library, if you send that to CL finance and see what comes back- worth a shot!

[kia]

ok will do, do i still send off for the SAR as well xxxkia

[ab123uk]

yep, do both.

[kia]

ok will do thanks for all your help:)xxxkia

[dpick]

but the form came from the court so surely its ok and know im thick but whats a CCA xxkia

 

Kia the court only acts on what it is told I could go to court say you owe me £1000 if you did not defend I could then get default judgment against you for £1000 (this is a bit simplistic but that is the way that the system works) they only have to prove you owe the debt if you force them to by defending in court.

 

If you request CCA you are requesting a true copy of your original credit agreement that MUST conform to sections of the Consumer Credit act 1974 (CCA request) if it does not then it is possible that the agreement may not be enforceable even by a court(but for now thats down the line.

 

You need to request both CCA and full S.A.R - (Subject Access Request) including the Fees of £10 and £1 send by registered post (proof that you have posted and you can check on-line they have received them) this could be useful in court if Halifax don't comply with requests or keep trying to push through court.

 

This will be enough for now post again anything you want help with there are loads of us that are going through the same as you or have gone through the same.

 

all the best dpick:)

[kia]

hiya ive done my own letter without reading this stupid person that i am where is this letter in the templates bit cos could i be cheeky and ask if u could post me the link cos need to see if its better than my own one which it probably is thanks for all your help xxkia

[A6er]

Hi

Here are the templates you need:)

 

 

 

 

http://www.consumeractiongroup.co.uk/forum/general-debt/20758-creditors-dcas-letter-templates.html

 

Letter N for the CCA request

[kia]

thank u so much invaluable cos i couldnt find it xxkia

[kia]

which address do i send this letter to as there are two on the summons theres the one that is taking me to court and one that says send all documents and payments to here but its there solicitors do i send this cca thing there or what :Dthink its solictior but wanna be sure before i post it ya xxkia

[A6er]

Hi Kia

 

Send the CCA request to the solicitors.They should be the ones that are doing the claim.They should be listed in the" Address For Sending Documents & Payments" box.

[kia]

yep i did A lucky guess eh its sent off recorded :Dxxxkia

[kia]

right guys next step need your help again got SAR back off the halifax and its full of charges about 30 to be precise of £25 pounds ago so what do i do now please ta in advance for the help xxxkia

[kia]

help guys anyone ill bump this hopefully someone will help cos dont know what to do now :confused:xxxkia

[sequenci]

Have you sent a CCA? did you request a full statement of account at the same time? (you have a right to this under a cca request)

 

Did you acknowledge the service of the court documents?

[pford]

have alook at this post might be of help

 

http://www.consumeractiongroup.co.uk/forum/consumer-forums-website-questions/79147-consumer-credit-act-resources-2.html#post780428

[kia]

Have you sent a CCA? did you request a full statement of account at the same time? (you have a right to this under a cca request)

 

Did you acknowledge the service of the court documents?

right have requested CCA and i sent a SAR to the halifax which is what i got back what is a request of account is this the SAR or is this something else confused now

:?xxxkia

[kia]

right guys panic stations cos of havin flu for past two weeks time has moved one and cos of waiting for the CCA to arrive my court date has come and gone and judgement has been awarded on there favour what do i do now the SAR came and it was full of charges ive rang court and they said i can have case set aside but it will cost 75 pounds and im not guaranteed to win am i what do i do now surely i have a case cos they never sent the info i wanted plus the form from the court had no date on it just date of issue i had no idea that the extra 4 weeks begins then not sure what to do now help :confused:xxxkia