C L Finance and defaults on file.Help!!

[felixfly]

Hi

 

I have been reading your thread and it sounds like you had a good result.

 

However when the judge asked you whether you had paid anything to CL Finance what do you think would have happened if you had said yes? Was this a debt you had?

 

I only ask because i may be in a similar situation soon but i have made payments to the DCA before i found CAG and it is a credit card that i spent on but the DCA is unable to provide a CCA.

 

If the judge asked me in court 'Did you spend this money?' and i reply yes then is the whole CCA thing irrelevant?

[slick132]

Hi Felix,

 

If a case goes to court, it depends very much on how well you prepare your case before the hearing.

 

But it depends also on the individual judge.

 

You'll find this interesting - http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/179236-tragic-case-judgement-because.html#post1934007

[pj41]

Hi Felix,

 

Yes, as slick says you need to prepare your defence well.

 

However, If you have spent on an acccount and a cca is not produced statements may be. HSBC threatened this before CL took over.

 

So in my File I copied the name and address of the solicitors onto about 6 old statements from HSBC & changed the account number.

 

My thought was if statements were produced I could produce my own and ask that because i have these does it mean mssrs Cohen owe this amount.

 

Alas it was not needed on the day. The whole point to the CCA is it sets out in the terms and conditions what the debtor has to do to discharge himself from the debt. Ie pay the balance off, until a debtor has piad it all back the creditor charges interest.

 

If no agreement is produced what have you agreed to do?

 

In that case quite simply the creditor has lent you money without the legal redress of reclaiming back from you.

 

If you have paid something (and this is just my opinion) you paid money as you were forced to with the threat of legal action. As a litigant in person you have researched the situation and have asked for the CCA to ascertain what has/has not, in fact, been agreed. In real terms you have not agreed to anything. So you stopped making further payments and the creditor has issued the claim. In the absence of an agreement is the claim amount correct? Is there any interest included? On what basis has it been charged? Has this been agreed? what are the prescribed terms?

 

If your creditor produces an agreement signed by you then you have agreed. If not, you haven't.

 

There will be no difinative answer to your question as it will depend on your specific circumstances. I just tried to think like CL finance and came up with arguments to try to stop them in their tracks.

 

The other thing to consider is because we are defendants we have to try to cover everything. The District Judge should just cut to the chase "were is the agreement?"

 

Hope the above helps a little.

 

 

Paul