CL Finance Ltd. court claim form 2 old HSBC debts **WON** Discontinued

[jumpjet]

I knew I'd seen it somwhere! In my other thread..http://www.consumeractiongroup.co.uk/forum/debt-collectors-debt-collection/123607-lowell-finance-applying-littlewoods.htm

Rory32.......says it's against the CCC's policy to stop payments:confused:

[jumpjet]

Hello all,

 

I have tried to complete the AOS on moneyclaim website and I have found my password does'nt work. My wife and I are both defendants we have recieved identical claim forms. Her password does work but when used it gives my name as the defendant. I do not want to make a mistake with this form. Is this just a case of one password being used for each of us? We cannot sign the form with both names.

[pt2537]

Hello all,

 

I have tried to complete the AOS on moneyclaim website and I have found my password does'nt work. My wife and I are both defendants we have recieved identical claim forms. Her password does work but when used it gives my name as the defendant. I do not want to make a mistake with this form. Is this just a case of one password being used for each of us? We cannot sign the form with both names.

 

Hi Scampjet,

 

i will be totally honest, i dont use the MCol so i have no idea, the best thing to do is contact the court and seek their advice in the morning

 

the telephone number should be in the top right corner of the claim form

 

regards

paul

[pt2537]

If they have no agreement on top of claiming for the wrong account all the better. But I would certainly ask the question why the debt was still being paid if I have said it was not owed. I am willing to dispute on the basis of no agreement or the wrong account number, but I have read that it is not the CCC's policy to not pay because an account is in dispute. I do'nt want to "rock the boat" with any other creditors being paid by the CCCs and I'm afraid that if I try to insist on The CCC not paying CL they will no longer act on our behalf.

 

 

Have you pointed out to CCCS that there is infact no debt under that account number so therefore they should cease all payments to them as there is no debt!!

[pt2537]

Have you contacted the court as i suggested in post 28?

 

also, RE your concerns with CCCS , it may be worth speaking to them about the fact that you have discovered that there is no debt on that account to pay, there for payments should be stopped.

 

if CCCS chose to stop helping, then dont panic as there are other debt help companies out there, National Debtline are a charity who would help you deal with your creditors.

 

that said i really dont see what they can say as you have hard proof that NO DEBT exists on that Account Number

 

Regards

paul

[jumpjet]

Hi,

 

No I haven't telephoned the court, We've just sent the AOS this morning Special Delivery as you suggested. My wife has emailed the CCCs to tell them that we have two creditors who we are presently in dispute with as they have not supplied CCA, and asked them whether they would consider doing so.

 

We feel that now we have done this, if they will not stop payments we may now be able to defend this in court as something we had to accept in order to maintain the arrangements we have with other creditors. We have also looked at the alternative of other plans. Unfortunately, the CCCs have said that at the present level of payments the plan would be over the maximum term over which they would normally arrange it. They have said that they will keep it as is for now over the next year, so it is imperative that we reduce the total amount owed by whatever means possible. CL finance have jumped the gun a bit as we were attempting to try to deal with others over a period of time. But I suppose it is no bad thing that we have been spurred into action now!

[jumpjet]

AOS confirmed delivered by track& trace. 16/1.

 

CL finance information request delivered 14/1.

 

Could not phone court today so no defence date yet.

 

I suppose I just wait for a bit now?

[pt2537]

Hey Scampjet,

 

as long as youve sent the AOS stating youre going to defend then thats fine,

 

its a wait and see what they turn up for now

 

when it gets closer to the time for filing your defence,give me a shout and i will see what we can do.

 

i would say that Wednesdays defence i posted would be something which with a very minor tweak could be used for your case as they are both the same

[jumpjet]

Court confirmed defence must be in by 14th Feb.

 

 

Email from CCC,s explains the consequences of non compliance to CCA request and says we may dispute the debt...................but the will not stop payments to creditors.

[pt2537]

hi scampjet

 

maybe its better put that the account is clear, you have evidence to that effect. so rather than actually disputing it, they should be considering the fact that account number 123456 is paid off in full so it must be stopped

 

thats how i would put it to them

 

 

regards

paul

[jumpjet]

CL finance have send some of the requested info......................Credit agreement, sale agreement, copies of statements for loan.

[pt2537]

ok,

 

so can we have a look and see if it is enforceable remove the personal stuff first

 

also i bet the account number for that agreement doesnt meet with the account number for the assignment

[jumpjet]

Hi PT2537,

 

Here is the file

img030.pdf

[jumpjet]

ok,

 

so can we have a look and see if it is enforceable remove the personal stuff first

 

also i bet the account number for that agreement doesnt meet with the account number for the assignment

 

thats just it though the numbers on assignment and agreement are for bank account. the only mention of loan account is at the bottom of the agreement under hsbc use only.

[pt2537]

Hi PT2537,

 

Here is the file

is that all they sent you?

[pt2537]

also can i ask, where did you sign the agreement? was it in the branch or at home

[jumpjet]

what they have sent is as per the letter. the agreement, the sales agreement, which is very faint and just readable, and some statements of loan account. All the statements carry loan account number. Agreement has footnote for loan account number.

[jumpjet]

the agreement was signed at the branch.

[jumpjet]

also hsbc t&C's attatched to agreement.

 

also.... a copy of the notice of assignment from CL & HSBC

[pt2537]

ok well quite frankly, they are suing for the wrong account so nowt changes however that agreement does look enforceable

 

apart from the fact that

 

it mentions the agreement is cancelable,so they would have had to send you cancellation rights as well,so there may be some mileage in that arguement, should they drop this case and start a new one

[jumpjet]

the statements for the loan account show that £xxxxx was transferred to current account sept. 02. Current account statments for the same time show £xxxxxx transfer and £xxxxx deducted for Loan protection. Can,nt see any mention of insurance on agreement. I have sent challenge letter to hsbc re PPI this week, asking for return + contractual interest.... would this have any bearing to a defence as to what they are claiming.

[jumpjet]

I don't quite understand what you mean about the cancellation rights!

[pt2537]

I don't quite understand what you mean about the cancellation rights!

right then

 

if you look on the loan agreement is expressly states that you will have the right to cancel for a short time

 

now that would make it cancelable

 

 

now, they have to send you details on how to cancel the agreement, if they dont, it can render the agreement unenforceable under section 64 / 127(4) CCA

 

as i said i feel they have ballsed up the assignment so they are claiming for an account which you dont owe nothing on so no problems

[jumpjet]

thanks for giving this so much attention....I can tell your very busy and I am really grateful!

 

I have looked again and there does'nt appear to be anything in relation to a right to cancel. Am I right in thinking that what you are saying is that this right to cancel should be supplied as part of the original document and the 2 go together as an entity? Even though the right to cancel may have elapsed in 2002........the right to cancel should be part of the original agreement?

[jumpjet]

I am concerned about the footnote at the bottom of the agreement where it says hsbc use only. this refers to Loan account number......and the number is that of the loan account.