Deed of assignment query-CL Finance

[angel49]

Hi Laiste

Got p.m thanks.

Full name and address appear on both docs.

Account number on DN where blanked, just under "important-you should read this carefully"

Hope this helps

[Laiste]

Hi Angel,

 

Here's the defence. If you have a problem submitting online, it does get very busy at this time of day, give me a call and I'll tell you what to do. I will PM you my mobile number.

 

DEFENCE

The Defendant denies that he is liable to the Claimant as alleged in the Particulars of Claim, or at all. It is averred that the Claimant has failed to serve a Notice of Assignment in accordance with section 136(1), of the Law of Property Act 1925, in respect of the alleged debt. The amount detailed in the Claimant’s claim, includes penalties charges, which are unlawful at Common Law, Dunlop Pneumatic Tyre Company Ltd v New Garage and Motor Company Ltd [1915], under The Unfair Contract Terms Act 1977 and The Unfair Terms in Consumer Contracts Regulations 1999. Accordingly, the inclusion of penalty charges in the purported Notice of Assignment, renders it entirely legally unenforceable. The Claimant has failed to comply with section 136(1) of the Law of Property Act 1925, by furnishing a Notice of Assignment in respect of that which is denied, that is inaccurate, W.F.Harrison & Co Ltd v Burke [1956]. Consequently, the alleged assignment remains equitable and therefore conferred no legal right upon CL Finance Ltd, to issue a Court claim in respect of monies allegedly owed.

 

It is therefore averred that the Defendant does not know the case that has to be met and the Particulars of Claim neither disclose any cause of action with any reasonable prospect of success and/or are an abuse of the process of this Court and, in compliance with the Civil Procedure Rules can and should be struck out pursuant to part 3.4 of the same. Furthermore, the Defendant contends that the Claimant’s conduct in issuing this claim is vexatious and amounts to unlawful harassment, pursuant to section 40 of the Administration of Justice Act 1970.

 

Regarding that which is denied, on the 21st March 2007, a request was made under section 78, running account credit, of the Consumer Credit Act 1974, to obtain a copy of a credit agreement that the alleged debt refers to. It was sent by recorded delivery to the Claimant, with the statutory £1.00 fee enclosed. It was received on the 22nd March 2007. The Claimant had twelve working days from receipt of the request, in which to furnish a credit agreement, as stipulated in Regulation 2 of The Consumer Credit (Prescribed Periods for Giving Information) Regulations 1983. In response to the request, a letter dated the 24th April 2007, with an accompanying document was received from the Claimants. It is denied that the document furnished is a copy of a credit agreement as averred by the Claimant. The Claimant has provided an application form which is not a credit agreement within the meaning of sections 60 and 61 of the Consumer Credit Act 1974. Accordingly, having failed to produce a credit agreement within the requisite timescale or at all, the Claimants are in default of said request under section 78(6)(a) of the Consumer Credit Act 1974. Furthermore, under section 78(6)(b) of the Act, the Claimants had committed and continue to commit, a criminal offence as of the 6th May 2007, as the default had continued for a period of one month.

 

The Defendant further avers in respect of that which is denied, that the document furnished is a breach of section 59(1) of the Consumer Credit Act 1974.

 

The Defendant denies that there has been any failure to make payment in accordance with the alleged contract. The Claimant has failed to produced a copy of a credit agreement in the requisite timescale or at all, and in the absence of such an agreement, which conforms to sections 60 and 61 of the Consumer Credit Act 1974, the Defendant avers that no agreement has ever existed for there to have been any failure to make said payment.

 

The Claimant, possessing no legal right claim monies allegedly owed, have acted unlawfully in issuing a Default Notice and registering said Notice with Credit Reference Agencies. Such conduct is a breach of the Data Protection Act 1998 and amounts to defamation. Furthermore, the Defendant avers, that the Default Notice is wholly unenforceable, given that the amount claimed regarding that which is denied, contains penalty charges, which are unlawful at Common Law, Dunlop Pneumatic Tyre Company Ltd v New Garage and Motor Company Ltd [1915], under The Unfair Contract Terms Act 1977 and The Unfair Terms in Consumer Contracts Regulations 1999.

 

The Claimants have not established any legal right to issue a claim or proven that any debt exists. It is the Defendant’s position that the Claimant’s claim is entirely spurious and without merit and should be struck out for the aforementioned reasons.

[angel49]

Hi Laiste

Many many thanks, as always a great defence.

Mcol giving different messages. First says access to this claim number is blocked,next one saying session timed out.

[rich2568]

As usual Laiste delivers again- what a star!!

[angel49]

Hi Laiste

Right, managed to get it sorted as per your advice/guidance.

Tried to tip your scales but telling me to spread more reputation first.

As rich2568 says you are a star.

Many mant thanks for a brilliant piece of work.

[tomterm8]

I'm finding that, with these small claims (i.e. under £800), a very effective tactic is to send them a formal complaint, and if possible the original creditor, since it is the first step to a F.O.S. claim (costs the F.O.S. £400 to wake up)

 

i.e.

 

 

 

 

 

 

In the matter of

XXX vs Catchleen

Claim Number XXX

In XXX Court

 

 

 

 

your address

 

Date

 

Soliciters address

 

Dear Sir or Madam,

 

RE: FORMAL COMPLAINT UNDER THE CONSUMER CREDIT ACT 2006.

 

On the 21st March 2007, a request was made under section 78, running account credit, of the Consumer Credit Act 1974, to obtain a copy of a credit agreement that the alleged debt refers to. It was sent by recorded delivery to the Claimant, with the statutory £1.00 fee enclosed. It was received on the 22nd March 2007.

 

You had twelve working days from receipt of the request, in which to furnish a credit agreement, as stipulated in Regulation 2 of The Consumer Credit (Prescribed Periods for Giving Information) Regulations 1983. In response to the request, a letter dated the 24th April 2007, with an accompanying document was received from the Claimants.

 

This document is not a copy of a credit agreement as but an application form which is not a credit agreement within the meaning of sections 60 and 61 of the Consumer Credit Act 1974. Accordingly, having failed to produce a credit agreement within the requisite timescale or at all, you are in default of said request under section 78(6)(a) of the Consumer Credit Act 1974. Furthermore, under section 78(6)(b) of the Act, you have committed and continue to commit, a criminal offence as of the 6th May 2007, as the default had continued for a period of one month.

 

I ask you to take this as a formal complaint under your complaints procedure, as required by the Consumer credit Act 2006. Please be aware that if you do not satisfy me in this matter, I will launch an official complaint with all relevant statutory authorities.

 

Yours Sincerly,

 

XXX. (type don't sign)

[kingdom]

Hi Angel49

 

Just been to court yesterday having put a counterclaim against CL Finance, GE Money passed it on, they didn't turn up and had never sent me or the court any paperwork. (Bundle)

 

The Judge struck out the claim and made the remark that it was a complete waste of the courts time.

 

He then told me that if I wanted my money back I have to take GE Money to court and start the whole procedure again as CL Finance are only the assignies and they are not the one's that owe you any monies.

 

Cl Finance had wrote a letter to the court that I had accepted a settlement figure from GE Money, which I had not, so GE MONEY HERE COME.

 

At least CL Finance did'nt gain anything from their actions other than wasting everybodies time but we won!!! that battle, so hang in their they will not turn up to court.

 

Regards

 

Kingdom

.

[tomterm8]

Hi Angel49

 

Just been to court yesterday having put a counterclaim against CL Finance, GE Money passed it on, they didn't turn up and had never sent me or the court any paperwork. (Bundle)

 

The Judge struck out the claim and made the remark that it was a complete waste of the courts time.

 

He then told me that if I wanted my money back I have to take GE Money to court and start the whole procedure again as CL Finance are only the assignies and they are not the one's that owe you any monies.

 

Cl Finance had wrote a letter to the court that I had accepted a settlement figure from GE Money, which I had not, so GE MONEY HERE COME.

 

At least CL Finance did'nt gain anything from their actions other than wasting everybodies time but we won!!! that battle, so hang in their they will not turn up to court.

 

Regards

 

Kingdom

.

 

Did you go for the wasted cost order?

[kingdom]

Hi Tomturn8

 

I asked the Judge if I could claim compensation for all the time I had wasted on this case and he said no so what is this term mean.

[angel49]

Hi Angel49

 

Just been to court yesterday having put a counterclaim against CL Finance, GE Money passed it on, they didn't turn up and had never sent me or the court any paperwork. (Bundle)

 

The Judge struck out the claim and made the remark that it was a complete waste of the courts time.

 

He then told me that if I wanted my money back I have to take GE Money to court and start the whole procedure again as CL Finance are only the assignies and they are not the one's that owe you any monies.

 

Cl Finance had wrote a letter to the court that I had accepted a settlement figure from GE Money, which I had not, so GE MONEY HERE COME.

 

At least CL Finance did'nt gain anything from their actions other than wasting everybodies time but we won!!! that battle, so hang in their they will not turn up to court.

 

Regards

 

Kingdom

.

 

 

Hi kingdom

 

WELL DONE,

Thanks for the update. I managed to get the defence in last week with more than a lot of help from Laiste.

Will post on any development.

 

Have you already started a claim with ge money for your charges? I'm not confident or knowledgeable yet to be able to offer any advice re your next move,but I'm sure someone will advise.

 

WELL DONE AGAIN on your win

[tomterm8]

Hi Tomturn8

 

I asked the Judge if I could claim compensation for all the time I had wasted on this case and he said no so what is this term mean.

Hi Kingdom, if the judge has already said no, then it's not really worth bothering to try:) Well done, anyway:)

[angel49]

Hi tomterm

Thanks for the input, I have taken note in particular to your advice on other threads about not signing,something I've been guilty of, not really believing companys would be so devious. I am in fact questioning my signature on a document supplied CCA request,I posted it in the consumer credit agreement forum yesterday.

[Brassed off]

Angel

 

Subscribing..........

 

Good Luck

 

BO x

[angel49]

Thanks bo.

 

Letter from CL Finance today containing Deed of Assignment and Assignation,and an additional copy of my application/agreement.Will post up later on.

[vandermerwe]

For the life of me I can't see the logic in what GE Money, CL Finance et al are doing.

 

The Dorothy Perkins account looks pretty much the same as one my wife signed with Russell and Bromley. Eventually she began paying GE Money £5.00 per month in terms of a CCCS debt management plan.

 

Then CL Finance bought a whole load of debt from GE and the roundabout started.

 

As her health is poor, and she owed the money anyway, she admitted the claim and offered £5.00 per month through the court which CCCS is now paying to CL Finance via the poor man's Mossad Howard Cohen!

 

What's in this for anyone except H. Cohen?

 

Incidentally they work from the same office as CL Finance, the Lewis Group and Cattles plc in Batley.

 

Is it a tax fiddle? I know GE Money has been slapped with huge fines just lately, but it is part of the world's largest company (General Electric) after all.

 

Van

[angel49]

Hi van

sorry to see about your wifes poor health,hope things get better.With some great help from Laiste I have filed a defence so just waiting to see what happens now. Have you sent CCA request?

Don't know whats going on with this crowd,I see from lots of threads they're keeping the courts busy with all the claim forms they're issuing.

[yaffsimone1]

Subscribing.....You are aware of my issue with CL will keep you informed.

[vandermerwe]

Thanks Angel49 - your kind words are very much appreciated in this materialistic world.

 

Laiste's very good isn't she? Or maybe he?

 

We didn't make the CCA request as my wife agreed she owed the money and had offered £5.00 a month through our DMP anyway.

 

Any defence would, I gather, have meant going to court which would not have been good for her so she accepted the claimant's demand and offered £5.00 per month which was accepted.

 

It doesn't make much sense. GE don't need the money but I'm wondering with all their bad publicity and loss of certain store card accounts (including Harrods) whether they are just writing these debts off for tax and selling them off.

 

For what it's worth it might be worth looking on the websites of Cattles plc/Lewis Group/CL Finance for 'news' and 'press releases' to see how they view these matters but for the life of me I don't see the arithmetic adding up.

 

At current interest rates if CL buy £1,000 of debt for £150 to which they must add their friend Cohen's cut and then accept payment of £5.00 per month it does seem a bunch of lunatics are running the asylum.

 

I do wish a smart tax account would come and advise us all!

 

Van

[un1boy]

Thanks Angel49 - your kind words are very much appreciated in this materialistic world.

 

Laiste's very good isn't she? Or maybe he?

 

We didn't make the CCA request as my wife agreed she owed the money and had offered £5.00 a month through our DMP anyway.

 

Any defence would, I gather, have meant going to court which would not have been good for her so she accepted the claimant's demand and offered £5.00 per month which was offered.

 

It doesn't make much sense. GE don't need the money but I'm wondering with all their bad publicity and loss of certain store card accounts (including Harrods) whether they are just writing these debts off for tax and selling them off.

 

For what it's worth it might be worth looking on the websites of Cattles plc/Lewis Group/CL Finance for 'news' and 'press releases' to see how they view these matters but for the life of me I don't see the arithmetic adding up.

 

At current interest rates if CL buy £1,000 of debt for £150 to which they must add their friend Cohen's cut and then accept payment of £5.00 per month it does seem a bunch of lunatics are running the asylum.

 

I do wish a smart tax account would come and advise us all!

 

Van

 

You can still do a CCA request and get it off your credit file and that way you can relax about it all.

[Fonduset]

edited

[dannyboy660]

Fonduset;1061544]Do you really want advice from people on here with over 3000 posts, these are the very people who avoid so many debts they deliberately run up, that interest rates and insurance rates for the majority of us are so high, because these people go through life (edit) money.

 

And with over 3000 posts helping people avoid their moral obligations. (edit)

 

 

I don't think anyone's likely to complain about the general message of your post as there is some truth in what you say, but the statement above is likely to cause some bemusement.

 

It's a bit like saying anyone who owns a horse must have had a loan from Lloyds, so now they've put your interest rate up........ :???:

[Fonduset]

edited

[tomterm8]

My experience has been that is you have a genuine problem they treat you more than fair, a whole bunch of lenders got me through some tough times, and I borrowed every penny of it. I never once got passed to a debt collector? I dealt with it quickly, called them as soon as I ran into trouble.

 

Ha ha ha. The DCA is funny:D

[tomterm8]

 

When you have taken the trouble to act responsibly and deal with your debt problems like I did, it infuriates me to see people so openly trying to outdo the system and effectively (edit) money. Why is it somehow ok to take money from a bank without giving it back when it wouldnt be acceptable to do the same to a family member or friend:eek:

 

Have you ever bought insurance? And then, when you claim on it, found out the insurance didn't cover quite so much as you thought it did? or at all? despite what the nice salesperson said?

 

1/5 of all people with PPI in the UK aren't actually covered by it, at all. But the banks are willing to take their money.

 

The banks are willing to use technicalities to get out of paying their fair dues... why shouldn't anyone else?

[vandermerwe]

Thanks Fonduset.

 

I don't take offence at what you say, but chips and shoulders come to mind.

 

What I do take offence at, though, is the devious, underhand and frankly illegal tactics of the lenders and debt collectors.

 

Van