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

[pt2537]

no problems

 

as i said if you need any help just shout;)

[jumpjet]

Hi all,

 

Is no news, good news?

 

My defence was recieved and processed by the court on 5th Feb. I haven't heared anything yet and was wondering if this is a good thing. How long do CL usually take to respond?

[pt2537]

they have 28 days to decide if they wish to continue

 

high probability that they will discontinue, but i cannot be sure for obvious reasons but its a waiting game now if you havent heard anything by the ,say 14th march then i would give the court a call and find out if there is any news

[jumpjet]

Cheers Pt!

[pt2537]

Hi Scampjet

 

any news at all?

 

have CL given up or are they still playing silly beggars

 

regards

 

paul

[jumpjet]

Hi paul,

 

sorry to have missed your last post. Not been on for a while!

 

Not a dickie bird! I hav'nt heared from CL or the court. Money claim does'nt say much either, other than my defence on the 5th. Any idea what they may be playing at?

[wednesday1867]

Scampjet might be an idea to check your credit file. I'm in the middle of another thing, got an update to my credit file and they have issued a default against me, even though they didn't send me a default and i don't know how they could default me.

[jumpjet]

Hi paul,

 

sorry to have missed your last post. Not been on for a while!

 

Not a dickie bird! I hav'nt heared from CL or the court. Money claim does'nt say much either, other than my defence on the 5th. Any idea what they may be playing at?

[jumpjet]

hi all,

 

update to my last post. My wife phoned the court today and they told her that they had gone over their time and will have to pay again if they wish to persue the claim. I assume this means that it has been stayed. But hav'nt recieved anything writing as yet. Where does this leave us?

[pt2537]

well the claim is stayed, there is little really you can do about it but you will receive written notification on this

 

but on the plus side, they need to now pay again to restart it so its their stupidity thats gonna cost them.

[jumpjet]

Hi paul,

 

does this mean that they intend to persue on the same lines, or is it a case that they may be trying to get info off hsbc?

 

I can't see that they have thought they could win on the details of this claim and I am concerned now that they will get the proper details and re-issue the claim.

Could they do this or would the whole process have to be restarted?

 

I assume they would not have left it this long if they had thought they could win.

[pt2537]

well its difficult to say really, its the case that they can restart the action if they pay the fee, but you dont know whats going to happen, however you have a real strong defence anyway so dont worry

[jumpjet]

thanks again ,

 

I can see how the defence is strong against this claim and if they thought they would win, they would'nt have let the time lapse. However I do wonder what they have planned! I suppose I'll just have to wait and see what the letters say!

[jumpjet]

Now I,m confused!

 

Recieved a notice that a defence has been filed today and a notice of tranfer of proceedings to my local court. and including an allocation questionaire. No confirmation that the case has been stayed.

[pt2537]

Now I,m confused!

 

Recieved a notice that a defence has been filed today and a notice of tranfer of proceedings to my local court. and including an allocation questionaire. No confirmation that the case has been stayed.

well, that would imply that they are continuing the case, may be worth a call to the court (your local one) again to see where the land lies so to speak.in the mean time what AQ is it you have, a N150 or N149?

[jumpjet]

HI PAUL,

 

The AQ is N149 (small claims tracks)

[pt2537]

HI PAUL,

 

The AQ is N149 (small claims tracks)

 

 

Ok cool firstly you need to take a look at this thread http://www.consumeractiongroup.co.uk/forum/legal-issues/131499-directions-n150-n149-allocation.html

 

iut has directions that i use for the courts which i have posted, they are universal for either the N149 or N150 AQs so all you need to do is edit them accordingly

 

if you are still stuck or want to clarify anything shout

[jumpjet]

Hi PT,

 

Just looking through the AQ now, is the fee mentioned payable by only the claimant or the defendant aswell? ..............All a bit unclear!

[pt2537]

no, the fee is for the claimant

[jumpjet]

Thanks Paul,

 

Clear Now!

[jumpjet]

Hi all,

 

well it would seem that the worst is yet to come! i have just recieved notice of a hearing date (small claims track) for the middle of July.

 

I really don't see what they hope to gain by continuing, anyone got any ideas?

[pt2537]

Hi all,

 

well it would seem that the worst is yet to come! i have just recieved notice of a hearing date (small claims track) for the middle of July.

 

I really don't see what they hope to gain by continuing, anyone got any ideas?

 

Well, i cant see how they can get anywhere at trial with this, however its not unusual for these companies to do this and then pull out at the last minute or to have their case struck out by the judge.

[jumpjet]

thanks Paul,

I was hoping they would'nt continue but there you go!

 

i suppose the worst senario is that they say that we have to pay! I,m just hoping that does'nt mean that they can go for our property or something. As we have said, we are paying them anyway under the DMP and have not missed payments, so We're hoping that they will either not turn up or if they win, be judged to carry on the way things are. All a bit pointless really and we hope the judge will think the same!

[aBitofaPickle]

I have read all of your post and could hardly believe it. I could have written it as it is identical to mine. The NOA they sent to me was September 12th as well.

Some of the stuff in here has had me looking back over at my papers.

 

I was confused in the beginning that they were claiming for an account that never had a negative balance, they have responded to my court defence to say that my loan was transferred to my current account and then managed by Metropolitan before being bought CL.

 

They have kindly sent out copies of the last 6 months of this account the last page says that there was a credit into this account (account transfer) to the total amount of the loan owing, then a debit out to pay off the loan and to leave the current account at a nil balance, and that the account was closed 2 days later.

 

I hope I'm not seeing this with rose coloured specs, but I fail to see how they can make a claim when the statements say there was no balance on the account they are claiming was sold to them, or is that the way a debt would be dealt with when it is being sold?

[jumpjet]

well in our case, our current account was confirmed as closed some months before the balance was tranferred to CL.

CL Have an agreement and have made a claim on the current account No, which was closed leaving the managed loan account, which carries a different Number.

CL seem to be set on taking this to court even though payments have been continued as per assessment by the CCCs. As I said, we're concerned that the are wanting to try to get our property or a judgment that paves thier way to doing so, but as we see it, as this would affect all other creditors, it seems unlikley it would succeed. I'm hoping some one can give us some reassurance on that one!