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

[ukaviator]

You could give the court a call Kia, and ask the court manager for an update. .

[kia]

right got some news on my case got this today from the court

 

Before Judge .......................... sitting at southport county court,The Dukes House 34 Houghton Street,Southport,Merseyside

 

Upon the Courts own motion.The Court has made this order of its own initiative without a hearing.If you object to the order,you must make an application to have it set aside,varied or stayed within 7 days of receiving it.

 

IT IS ORDERED THAT

 

Unless the Claimant comlies with the order of 2nd April 2008 by 16th June 2008 the Claim be Struck out,and Judgement be entered for the Defendant in the Counter Claim.

 

Dated 21 May 2008

 

 

 

so me thinks this is very good news and that halifax had better shift their ..... cos they got till next monday so im crossing everything till then :)thanks uk for all your help with this couldnt have done it without u ill let u know what happens next week :Dowe u one think i owe u more than one me thinks u and bluey and of course my good mate tricia whos help has been invaluable xxkia

[ukaviator]

That is good news Kia. Let's see what happens in 6 days time. The counter claim has put them in a very difficult position, they have to pay up.

 

The judge will award your Compound interest as well, if they fail to comply. Great news, 6 days to go.

[Robdblynd]

Way to go Kia, I'll keep it all crossed for you as well.

 

At least I'll try but with a sore ankle it's a bit painful at the moment.

[**Tilly**]

You go girl fingers crossed hun xxx

[kia]

right just rang the court and they said i have to write in to the court requesting the case be thrown out as they have made no sort of communication so gonna do me letter now and send it cos there time was up on monday u would have thought the woman on the phone would have been able to tell me whether they had made any sort of communication uk should i ask for the compound interest or should that be in further communication let me now cos im gonna do letter now ??:)xxkia

[ukaviator]

Hi Kia

 

Your whole claim amount is what they have to pay. Compound interest was asked for in the counter claim. The judge has ordered that if they do not comply to his order, then you get the counterclaim judgment for your full amount, which includes compound interest.

 

Your letter should ask the court for judgment, and ask them to send out a Warrant of execution form to get your money.

Edited June 19, 2008 by ukaviator

[kia]

well if u remember i owed them money so i dont think theyll owe me anything but i stand to be corrected i asked the judge to politley make judgement sent it this afternoon hope its ok :)xxkia

[kia]

right ive got some more news just when i thought i had it won seems ive not they sent aload of stuff through the post right ill try and tell u what

its from their solicitors its says please find enclosed by way of service upon u the claimants defence to your counter claim now this is late in arriving cos they were supposed to file before monday so where do i stand now cos i posted my letter yesterday to the court so what do i do now the stuff is a reply to the defence not sure whether u want me to type all this out uk cos its long winded they make reference to the phone call i made and the copy of the cca they sent which was not a cca but an application form im panicking now cos i know there fighting me plus they have finally sent me the statements although again these are not originals again but copies and they only just sent these so im not sure where i go from here need your help again uk let me know what i do now please today is not the best of days either for this as i should have been in luton now :(xxkia

[postggj]

hi kia

it depends on the court and if they allow it

i know in my claim welcome finance they were three days late with there defence. i tried to get judgement by default but the court allowed it, but won in the end

just hope the court dont allow it and give you judgement

[ukaviator]

It would be an idea to type out the defence they have sent to see what it says. There isn't much you can do today as the court is closed until Monday. Maybe a call to the court on Monday to see if the judge will allow it.

 

I really don't know why they are playing up this late in the day, they will have trouble going into court to fight Credit Card charges, it must be the Application form or contractual interest they are fighting.

 

Let us know what is in their defence Kia, you don't have to do this now.

 

Are you off to Luton for the weekend?

[kia]

nope im not uk :(thats the problem 'sighs '

 

here goes

 

REPLY TO DEFENCE AND DEFENCE TO COUNTER CLAIM

 

 

1. I,Victoria Anne Terry,litigation assistant,of Messers Howard Cohen & Co,Solicitors for the claimant,am authorised by the claimant to make this statement on its behalf.

 

2. On February 2003,the Defendant entered into a regulated credit agreement for the provision of a Halifax Credit Card with Halifax plc (Now known as HBOS plc)Agreement number ..........................There is annexed hereto marked "VAT 1" a copy of the said agreement.

 

3. From time to time, the Defendant made use of the credit facilities provided under the agreement. There is now annexed hereto marked "VAT 2" copies of the statements for the account. There was a balance of £2027.00 outstanding under the agreement upon the issue of these proceedings.

 

4. By a deed of assignment,dated 13th July 2007, HBOS plc assigned the account absolutley to CL Finance Limited, notice of such assignment being sent to the Defendant on 10 August 2007. A copy of said notice of assignment is annexed hereto marked "VAT3"

 

5. The Defendant states in her Defence that she made requests for proper bank statements and a copy of the agreement.I can confirm that copies of the Agreement was sent to (EDIT) on the 15th January 2008. On 3rd March 2008 telephoned to advise that she believed the balance should be £500.00 and that she would check her records.To date we have not heard any further from her.

 

6. The defendant is claiming £1,456.65 for unalwful credit card charges. The Claimant puts the Defendant to strict proof of her allegations.

 

7. Further,the Claimant contends that this matter is a small claim in any event.therefore,the Defendant is not entitled to any costs in any event.

 

8. The Claimant denies that the Defendant is entitled to counterclaim for the sum claimed or at all.

 

9. I therfore respectfully submit that the Defendant application be struck out. I further submit that the judgement in favour of the Claimnant for the sum of £2027.00 claimed in these proceedings and request that there be judgement in favour of CL Finance Limited in that sum,together with the sum of £190.00 being the costs incurred upon the issue of the claim in this action, and £35.00 allocation questionairre fee,along with any sum that the court deems just.

 

 

dated this 19th of June 2008

 

I believe that the facts stated in this document are true

 

 

then its signed

 

 

there u go thats all of it uk what u think then xxkia

Edited June 20, 2008 by ukaviator

[ukaviator]

Ok Kia, thanks for the information.

 

It's not much of a defence from a solicitor. The strict proof of the allegations there would be your spreadsheet with the listed charges and your statements. There are also the laws.

 

If i remember rightly, we didn't ask for costs.

 

The solicitor denies that you are entitled to counterclaim, what a cheek.

 

I think this is a knee jerk reaction Kia, but it may go onto a court date if the judge allows it.

 

The solicitor and the Halifax have not followed the judges directions as required, they didn't supply the information requested at all.

 

I think the defence we put together to defend their claim was about 10 pages, the Application form you filled in for a credit card is unenforcable, if they go to court with this the judge can't enforce it anyway. No credit agreement, no debt to pay.

 

All you can do now is see what the court comes back with, but looking at the flimsy defence, i don't think a judge will accept it. Best be prepared though, don't let it spoil your weekend Kia.

[kia]

thanks uk ill try :)ill let u know when the court respond xxkia

[kia]

why was it cagbotted uk please dont shout at me anymore tonight :(xxkia

[ukaviator]

I haven't shouted at you Kia, what made you say that?, and it hasn't been CAGBOTTED. I edited your name out for your protection, you left Mrs ...... in the text.

[kia]

i got message saying it got cagbotted :confused:xxkia ps thank u uk xxxxxxx

[ukaviator]

The system probably tells you that the post has been edited. You having done wrong, so don't worry.

 

You're welcome.

[kia]

bless u uk:)still no news as yet :confused:xxkia

[ukaviator]

Ok. . .

[kia]

right i got a pack from the court saying its the halifaxs defence so dont look good do it let u know if theres anything else was nothing else in letter just another copy of their defence :(xxkia

[ukaviator]

They have sent you another copy of the defence, exactly the same?

[kia]

yes uk exactly the same as first with a note saying a copy of the defence sorry i posted this this morning and it never posted dont think plus im not getting email notification so ill try keep checking it so what now uk ?xxkia

[ukaviator]

Have you spoken to the court yet?... I would object to the latest communication from the Halifax, they had long enough to comply with the judge's directions.

[kia]

right ive got the best news ill print letter as it reads

 

Before Deputy Judge Leigh at Southport County Court,The Dukes House,34 Houghton Street

UPON READING THE COURT FILE AND WITH REFERENCE TO ORDER DATED 21 MAY 2008

 

DEPUTY DISTRICT JUDGE LEIGH HAS ORDERED that judgement be entered for the Defendant (me ) in the sum of £1456.65 and that the claimant do pay the sum of £75 for the Defendants costs.

 

DEPUTY DISTRICT JUDGE LEIGH Has ordered that the claimant pays the defendant the said sum by the 17th July 2008

 

Dated 24th June 2008

 

 

 

yipeeeeeeeeeeeeee i won breathes sigh of relief he must have got my letter before there defence mustnt he thank god i sent it when i did otherwise they migh have pulled it off so what happens now uk cos obvioulsy i owed them the money so do they knock it off what i owe and will i still have to pay the remainder ??xxkia

 

ps thanks for all your help Queen T and UK been stars both of u ill phone T later to tell her its early yet