brassiclint - v - CLFinance

[brassiclint]

Really need some help please?
Will be brief but any Q's just shout I need to some assistance to respond to Court tomorrow....I know late, but I was relying on others to assist and its not really gone very well :o(

Here goes.....

CCJ served by CL finance through HC Cohen - a debt passed from GE Money.
Action started back in August 2008 where the first I knew of this was a letter from HC - Notice of Assignment. In conjunction with a claim filed with Northampton CC against me notifying that a Default notice was served (but it was not!).
In response I completed my AoS indicating that I would defend this claim.
Sent Request for Information to HC with proof of delivery - no response.
Defence filed requesting full disclosure requesting the court to allow me to amend my defence when the claimant provides full disclosure.
Coule of letters confirming defence, then another to confirm communication with claimant if a resolution cannot be met. Then Northampton CC confirms the claim is being passed to court local to me.
Further to this HC sends v.poor copy of the agreement plus statements to show the account was being used (despite this was never in dispute).
Complete Allocations Questionnaire then hearing is set for March 2009.
Attend court Judge rules the Claimant must provide documents requested by court before April 2009 and further to this I would have to defend.
Nothing for a long time I did check at the time when the court had specified time was up and thereafter several times more.
Court sets another hearing for December 2009, I attend to find they have submitted a Default Notice and another item requested. the DN is not compliant and I am allowed to submit an amended defence which in default will mean claimant can enter judegement for the full amount.
Due to exceptional illness I did not manage to submit in time, a day late to be precise. I submitted a letter of explanation and apology stating reasons, it was not permitted and defence was struck as failing to disclose a cause of action. Order finally suggesting parties may apply to have it set aside, varied or stayed.

So here we are now I need to respond and proceed with one of the suggested actions, not sure which but most importantly must be tomorrow as 7 days from 21st December 2009.

Suggestions or does this inspire panic as much as it does for me?????

sorry but my 'ho ho ho's' are spent.... as is my christmas cheer.

Your assistance or help is much appreciated....thanks
------------------------------- merged -------------------------------
Will check back in the morning, thanks in advance for your help.
:yawn:....time for bed

[catinahat]

Re: brassiclint - v - CLFinance

Hi,
I'm not best qualified to really be of much help, but from what I read of your situ, at this eleventh hour, I think I'd be inclined to try 'buy more time?' (If that's an option?) That way at least some of the people here who have a vast wealth of knowledge about these issues, would have time to advise you as to the best course of action etc to take. Sorry this advice is probably of very little help; I just speak as I I would act given the same set of circumstances... I know I'd want to buy some time to get the situation sorted from a less panicked and harried stance... thus, putting control of the situation back with yourself instead of being swept along by circumstances... (if that makes any sense?) Sorry can't be of more help. (Pretty new to everything myself too, alas). Try to stay calm and not panic. Nothing is insurmountable. Good luck too. CatX

[TUTTSI]

Re: brassiclint - v - CLFinance

Sorry to hear of your woes with CLF Finance.

I have put out a SOS for some help for you.

Tuttsi

[Amethyst]

Re: brassiclint - v - CLFinance

morning brassiclint, reading ur post now xx

[Amethyst]

Re: brassiclint - v - CLFinance

Okay we'll need to see your defences, the original Particulars of Claim, and copies of the DN/agreement/Cohens defence and court order etc. to be able to advise properly.

Was it your amended defence that was struck out or the original ?

[Curlyben]

Re: brassiclint - v - CLFinance

Can I just add Assignment to this list.

Have you asked for the Notice of Assignment from the original creditor.
under assignment laws (Law of Property 1925 s136 and s196) there are certain rules they MUST abide by.
The main one is service of the notice.
This MUST come from the original creditor via registered mail, normal first class isn't good enough..

[Curlyben]

Re: brassiclint - v - CLFinance

Just need to add this for assignment:

If the amounts claimed to have been assigned are incorrect within the notice or (if stated on the notice of assignment) the date of assignment is incorrect, then the assignment is defective and the Claim should fail as set out in W F Harrison & Co Ltd v Burke and another - [1956] 2 All ER 16

[brassiclint]

Re: brassiclint - v - CLFinance

WOW,
Thanks everyone... I have hope!

I have confirmed with court 1 more day to respond to the order...so slight breathing space but not much. Need to get a move on with response to court.....

OK you need:-
NoA - 'absolute' (read your post Curlyben) not from original creditor nor sent registered came in normal post
POC.
Credit Agreement.
Court Order(s).

OK where do I post the info or email it to?

thanks
brassiclint

[Amethyst]

Re: brassiclint - v - CLFinance

You can post on here by attaching documents butspace is a bit limited and time consuming so if you like you can email it to admin@legalbeagles.info and I will pick it up there and forward to Curlyben too.

[brassiclint]

Re: brassiclint - v - CLFinance

Amethyst,
I will email to admin account provided with no personal details.....no offence implied or intended. Thanks for your response, its a lot to chew on with little time to digest but your help is appreciated

The court also confirmed a fee to Set Aside of £75.00

[Amethyst]

Re: brassiclint - v - CLFinance

CCJ from CL finance (Howard Cohen) - Page 10 - The Consumer Forums

Is that you ? just be quicker to read back if you have all the info on a thread elsewhere rather than trying to start from scratch at this stage. If not its fine will keep an eye on my emails.

[brassiclint]

Re: brassiclint - v - CLFinance

Amethyst,
Certainly is....do I get demerits for spreading my burden across Forums
Really want this behind me.... rather than being there every time I blink!

Thanks

[Amethyst]

Re: brassiclint - v - CLFinance

lol no, no demerits, just makes it easier if we know where to pick up the info from - have the email too now get back to you shortly.

[brassiclint]

Re: brassiclint - v - CLFinance

Amethyst,
Just worth mentioning a recent visit for a FREE credit report from Equifax shows the debt with CL Finance records a Defalt Notice as dated 8th September 2008 yet their date of DN provided is dated 23 April 2006:rolleyes2:

Is Credit report information 'rock solid' and 'de facto'... if so more proof as to the DN beig more suspect. My Credit report records nothing recorded in the history or note against the Debenhams store card via GE Capital Bank for April 2006. In fact nothing at all of real worth noting until difficulties in 2008.

Very conflicting data:rolleyes2:...should it all tally with up with the credit report?

[Amethyst]

Re: brassiclint - v - CLFinance

This thread might help a little for the mo - Legal Beagles - View Single Post - GE Money V Piesky

An original creditor CANNOT sell or assign a debt to a DCA unless they have:
1.Supplied a true copy of the original credit agreement requested under A CCA request
2.Informed the alleged debtor by registered post or recorded delivery (signed for) that the alleged debt is to be sold or assigned to another organisation
Any credit agreement supplied must contain all the prescribed terms as laid down in the Consumer Credit Act 1974

Credit Reports won't tally exactly but a default notice date difference of two years is a tad extreme. After the first default in April 06 did you recommence payments or anything which could have cause them to re-default you in 08 ?


Also a notice of assignment on same day (and same letter) as a court claim is issued against you kind of negates preaction protocols a little - no demands for payment were made by CL Finance prior to them taking the claim and also an assignment written by the DCA isnt assignment - it needs to come from the OC.

Absolute Assignment and Law of Property 1925

Quote:
Originally Posted by LoP s136
Legal assignments of things in action.- (1) Any absolute assignment by writing under the hand of the assignor (not purporting to be by way of charge only) of any debt or other legal thing in action, of which express notice in writing has been given to the debtor, trustee or other person from whom the assignor would have been entitled to claim such debt or thing in action, is effectual in law (subject to equities having priority over the right of the assignee) to pass and transfer from the date of such notice-

(a) the legal right to such debt or thing in action;

(b) all legal and other remedies for the same; and

(c) the power to give a good discharge for the same without the concurrence of the assignor:

Provided that, if the debtor, trustee or other person liable in respect of such debt or thing in action has notice-

(a) that the assignment is disputed by the assignor or any person claiming under him; or

(b) of any other opposing or conflicting claims to such debt or thing in action;


This gives them full rights and duties to the debt and as such the replace the OC.
LoP does NOT replace the rights granted by CCA74, but merely allows for change of ownership.