CL Finance Claimform - Old HSBC Managed Loan **WON CASE STRUCK OUT**

[master woody]

Background

 

Back in 2002 I had came into financial difficulties, I went to payplan who created a payment plan for me I have been paying metropolitan (HSBC Collections) £15X pounds a month towards a personal loan I took out this all worked fine until metropolitan transferred the debt to CL Finance in October, CL Finance Maintained the have not received payments from Payplan.

 

Payplan say the “might of paid metropolitan in October I have forward the money to CL)

 

I have being paying as usual amount every month.

 

The remaining debt is for £14xxx

 

What’s happened

 

I have received a Claim form from Northampton (CCBC) issued on the 7 Jan 2008

I have phoned the court and they have told me the service day is 12 Jan and I have until the 28 to reply

 

 

The particulars of the claim are:

 

The claimants claim is for the sum of 14xxx being monies due from the defendant to the claimants under a regulated credit agreement between the defendant and HSBC Bank PLC under reference xxxx/xxxxxx and assigned to the claimant on the 28 September, 2007 notice of which has been given to defendant

 

The defendant has failed to make payment in accordance with the terms of the agreement and a default notice has been served upon the defendant pursuant to section 87(1) of the consumer credit act 1974

 

The claim is for the sum of 14xxx

 

 

 

What I’ve received and a bit more info

 

A bit wired but the account number given in the particulars is my old HSBC account and sort code the loan had a separate reference number!

 

I have received the deed of assessments put not a default notice. I’ve not sent a request for the credit agreement which seems the thing to be done when reading all the other threads and I’m not really sure what’s the next step

 

I want to fight this all the way! I was really upset but now I’m ready to fight

 

Should I stop paying payplan this part of the agreement?

What’s my defence?

 

I phoned CL to sort it out and they told be to sod off…

[ThisVeryMoment]

Indeed, what IS your defence?

 

You owe the money, you should have paid it years ago. You cant expect that kind of arrangement forever can you. Time to remortgage/refinance I think.

[master woody]

dirty tricks by CL, phoned them up and told me i had 2 months to reply to the court cliam , clearly looking for a win by default

 

i know it's 28 days to file a defence from doing my bank charges claim,

 

not so much fun when your the defendent

[master woody]

could any one hlp please, as i'm very stressted and can't sleep and it's pass my bed time as i have to in work early try to do as many hours as possible

[rory32]

Well before you enter a defence you need to know what documents they have in relation to their claim. All you need to do at the moment is enter your intent to defend they will then move the claim to your local court. You then need to make a request under the Civil Procedure Rules for information from the claimant (a template is below). Send this via special delivery and don't sign the letter.

In the matter of

XXX vs (defendant)

Claim Number XXX

In XXX Court

Soliciters Address

DATE

YOUR ADDRESS

 

 

Dear X

 

RE: REQUEST FOR INFORMATION UNDER CPR PART 18

 

I have received the Court claim filed by your Company. To enable me to file a defence and counter-claim, I require specific information regarding the account to be provided forthwith. Given that this matter is now the subject of legal proceedings, you are obliged to disclose under the Civil Procedure Rules, the information and documents detailed below. The information must be furnished by the (date). If you fail to comply, this will be reported to the Court, a copy of this letter will be provided as evidence to the same and an Order enforcing your compliance will be sought.

 

IN RESPECT OF EACH ALLEGED DEBT CLAIMED, I REQUIRE:

 

 

1. A true copy of the executed credit agreement and any terms and conditions that applied to the account at the time of any default and at the time the account was opened.

2. All records you hold on me relevant to this case, including but not limited to:

a. A transcript of all transactions, including charges, fees, interest, repayments and payments and both the original amount of the loan and any repayments made to it the account.

b. Transcriptions of all telephone conversations recorded and any notes made in relation to telephone conversations by your company, or by any previous creditor

c. Where there has been any event in my account history over this period which has required manual intervention by any person, I require disclosure of any indication or notes which have either caused or resulted in that manual intervention, or other evidence of that manual intervention in relation to my account.

d. True copies of any deed of assignment and/or default notice with a copy of any proof of postage that you hold.

e. Documents relating to any insurance added to the account, including the insurance contract and terms and conditions, date it was added and deleted (if applicable).

f. Details of any collection charge added to the account; specifically, the date it was levied, the amount of the charge, a detailed financial breakdown of how the charge was calculated, and what the charge covers.

g. Specific details of the fees/charges levied by any other agency in respect of this account and a detailed breakdown of said fees/charges and what each charge relates to and on what date said fees/charges were levied.

h. A genuine copy of any notice of fair use of my data as required by the Data Protection Act 1998

i. A list of third party agencies to whom you have disclosed my personal data and a summary of the nature of the information you have disclosed.

j. A copy of all account statements for the duration of the agreement.

 

 

3. Any other documents you seek to rely on in court.

4. A copy of your complaints procedure, as required by the Consumer Credit Act 2006.

 

I must advise you that if the information is not forthcoming, it will be reported to the Court that you are trying to frustrate proceedings and denying me the opportunity to file a defence and counter claim.

 

Yours Sincerely,

 

 

XXX (Type, don't sign your name).

Give them 14 days to reply.

[rory32]

Basically if they don't supply this information then you can request that the case is thrown out due to them not complying with the CPR.

[master woody]

So I send it to the solicitors

Is that correct do I need to send the £1 fee

Thanks for your help

Sending today

Also should I keep paying?

[master woody]

also where it says "The information must be furnished by the (date)" what date should i put i have to defend by the 28th

[master woody]

OK I'm sending this today super special delivery:

 

In the matter of

CL Finance vs xxxxxxxxxxxxxxxxxx

Claim Number: xxxxxxxxx

Northampton

Quote:

Howard Cohen and Co Solicitors

PO Box 110

CleckHeaton

West Yorkshire

BD19 4XT

 

17 January 2008

My address

Dear sir/Madam

 

RE: REQUEST FOR INFORMATION UNDER CPR PART 18

 

I have received the Court claim filed by your Company. To enable me to file a defence and counter-claim, I require specific information regarding the account to be provided forthwith. Given that this matter is now the subject of legal proceedings, you are obliged to disclose under the Civil Procedure Rules, the information and documents detailed below. The information must be furnished by the 25 January 2008. If you fail to comply, this will be reported to the Court, a copy of this letter will be provided as evidence to the same and an Order enforcing your compliance will be sought.

 

IN RESPECT OF EACH ALLEGED DEBT CLAIMED, I REQUIRE:

 

1. A true copy of the executed credit agreement and any terms and conditions that applied to the account at the time of any default and at the time the account was opened.

2. All records you hold on me relevant to this case, including but not limited to:

a. A transcript of all transactions, including charges, fees, interest, repayments and payments and both the original amount of the loan and any repayments made to it the account.

b. Transcriptions of all telephone conversations recorded and any notes made in relation to telephone conversations by your company, or by any previous creditor

c. Where there has been any event in my account history over this period which has required manual intervention by any person, I require disclosure of any indication or notes which have either caused or resulted in that manual intervention, or other evidence of that manual intervention in relation to my account.

d. True copies of any deed of assignment and/or default notice with a copy of any proof of postage that you hold.

e. Documents relating to any insurance added to the account, including the insurance contract and terms and conditions, date it was added and deleted (if applicable).

f. Details of any collection charge added to the account; specifically, the date it was levied, the amount of the charge, a detailed financial breakdown of how the charge was calculated, and what the charge covers.

g. Specific details of the fees/charges levied by any other agency in respect of this account and a detailed breakdown of said fees/charges and what each charge relates to and on what date said fees/charges were levied.

h. A genuine copy of any notice of fair use of my data as required by the Data Protection Act 1998

i. A list of third party agencies to whom you have disclosed my personal data and a summary of the nature of the information you have disclosed.

j. A copy of all account statements for the duration of the agreement.

3. Any other documents you seek to rely on in court.

4. A copy of your complaints procedure, as required by the Consumer Credit Act 2006.

 

I must advise you that if the information is not forthcoming, it will be reported to the Court that you are trying to frustrate proceedings and denying me the opportunity to file a defence and counter claim.

 

Yours Sincerely,

 

 

Woody

[master woody]

hi i've just recived this from payplan:

 

 

Hi XXXXXXXXX

Thanks for your email

Unfortunately, CL Finance is taking legal action over HSBC acc.

Please complete the following sections: 1,2,3,5 and 12. Then send into Payplan, where our Legal team will complete and send it to the Court.

Send us the form ASAP by first class recorded delivery for the attention of the Legal Team.

When the CCJ arrives at the court, the Judge then decides if current payments are enough or if they need to be increased. If they decide the payment needs to be increased, Payplan will send a Variation Order (VO). This is an appeal process which hi-lights the fact you cannot make the increased payment. Always take a copy of any court papers and send the original into Payplan.

Please do contact us if you have any query regarding this matter.

Should i contine to self defend or should i let paypaln do the work????

[master woody]

bump

 

any opinons?

[master woody]

any thoughts re payplan?

[rory32]

So I send it to the solicitors

 

Is that correct do I need to send the £1 fee

 

Thanks for your help

 

Sending today

Send it to the solicitors. There is no fee for the documents as it is done under the Civil Procedure Rules.

 

also where it says "The information must be furnished by the (date)" what date should i put i have to defend by the 28th

Give them until the 24th to comply. If you've already sent it just send a covering note specifying the change of date by which to comply with your request.

Should i contine to self defend or should i let paypaln do the work????

In my experience people who let Payplan do the work lose. No one has your best interests more at heart than yourself. I would continue to self defend.

[rory32]

Are you sure you have only until the 28th to reply? Surely you mean you only have until the 28th to notify the court of your intention to defend, in which case you will be given another 14 days to enter a defence.

[master woody]

cool thanks man, i gave them until the 25 to reply so i think thats ok

 

yes i'm going to defend for my self, do you think i shold stop paying paypal and hence CL, i mean what are they going to do take me to court

 

again thanks feeling better about this

[rory32]

Okay the 25th is fine so just leave it at that date.

 

Really it is up to you whether or not you continue to pay Paypal. Personally I would continue to pay them for the moment.

[popeye1]

I thought the dates would be Issue date 7 Jan 5 days to service and then 14 days to acknowledgment of service form to reach court.then you get 14 days more to soubmit defence

If im right 7 Jan +5 +14 makes it 26 Jan,but you say the courts said 28 Jan

[rory32]

26th is a Saturday which is probably why.

[master woody]

rory is correct, But i think I'll do it electronicaly on friday just to be sure.

 

 

 

Not sure what my defenence is going to be, apart from the wrong account number up to now.

 

Are you going help me generate a defence?

 

Thanks

 

woody

[rory32]

At the moment you just need to state that you will b defending in full. You don't need to enter a defence yet. As previously stated if you state that you are going to defend they will give you another 14 days to enter a defence. What your defence will be will depend on what, if any, documents are supplied.

Are you going help me generate a defence?

Yes we will help you with a defence.

[popeye1]

got ya thaks for that

[Goldlady]

Hi Woody, just to give you some support. We have three CL Finance claims on the go - first one has been withdrawn after we submitted a defence, second one they have until the 22nd to submit an allocation questionnaire which should have been with the court by 8th Jan, and the third is still ongoing. It seems they have issued a vast amount of court claims - two of ours were issued on the same day the debt was assigned to them.

 

Best of luck - you will get lots of help here - but just keep to the court deadlines so they don't sneak a default judgement in.

[master woody]

Ok I’ve done acknowledgment of service via the internet, I’m a bit thick so dose this mean I have 14 day to summit a defence or 28 days?

It said if you need 28 days fill out the acknowledgment of service which I did, but another page said that the standard is 14 days. I’m I bit confused

When do I have to summit my defence???

Thanks

[Goldlady]

If you send the acknowledgement within 14 days you then have a further 14 to submit your defence, however if you don't send the acknowledgement you need to submit your defence within the 14 days.

 

Does that make sense?

[master woody]

yes got it thanks so i need to defend by friday the 8th.

 

 

no paper work from cl yet which is good news:D