Can I be sued by CL without default notice?

[plumfin]

Re: Can I be sued by CL without default notice?

How long do they have to reply to court? Is that the 28 days? If they don't, what happens then?

[Curlyben]

Re: Can I be sued by CL without default notice?

Normally 28 days, otherwise the claim is auto stayed.

[theturningworm]

Re: Can I be sued by CL without default notice?

Hi everyone

I've only just discovered this forum and am well impressed with some of the info/guidance

I hope I'm not upsetting anyone by jumping onto this thread but mycircumstances are very similar.

The difference for me is that the original alleged CC debt was with MBNA and is for well over £5k. I wrote four times asking for the original agreement and they just totally ignored my letters.

I then received a letter dated 2nd July from Lewis DR acting for CL informing me that the debt had been assigned to CL absolutely and stating that they would take action if the debt was not payed in full by 12th July

I wrote to Lewis telling them to shove off as it was none of their business. Next I receive Northampton Court papers with CL as Claimant and Cohen as sols.

I've sent my acknowledgement of service but my defence needs to be in this Friday 21st (I can fax it to them)

I have numerous questions about the assignment, dates and legal paperwork required etc but am also angry that MBNA have simply ignored my requests and have sold the debt on. (Does this mean the whole saga has to start again?) but for now I just need to make sure I dont cock it up at the court.

I assume I should use the holding defence as per this thread but do I mention that I've asked for and am waiting for the original agreement and do I tell the court about MBNA ??

I would really appreciate it if anyone would be kind enough to spell out what exactly what I need to do and in what order so that I dont get myself hung?

Thanks for any help

[plumfin]

Re: Can I be sued by CL without default notice?

Hi received this in the post this morning. sorry if it is hard to read.

[plumfin]

Re: Can I be sued by CL without default notice?

How do I attach another file? it says my limit is exceeded?

[Curlyben]

Re: Can I be sued by CL without default notice?

Lol, so that's meaningless twaddle

Is the other document any better ??

If you have run out of room, simply remove the statement of account as it's cobblers of the deepest water.

[plumfin]

Re: Can I be sued by CL without default notice?

Got there, sorry they are all now gif images, hope you can read them. If not, please let me know and will try to pm them over or something. Thanks and sorry!!!

[Curlyben]

Re: Can I be sued by CL without default notice?

Sorry mate, way too small..

PDF's work well as they can be manipulated

Either that or host the images off site in photobucket or similar.

[plumfin]

Re: Can I be sued by CL without default notice?

trying again!

[Curlyben]

Re: Can I be sued by CL without default notice?

Better, but I think the really important stuff is the block on the right hand side.
Could you high quality scan that, please.

[plumfin]

Re: Can I be sued by CL without default notice?

I think I will have to do it again tomorrow when I get home. Not having any joy here unlss you can read this one...

[plumfin]

Re: Can I be sued by CL without default notice?

Hope you can read this one. Thanks, plum

[Curlyben]

Re: Can I be sued by CL without default notice?

Well it looks like the prescribed terms are there, so you main avenue for attack is the assignment..

Have a read of this thread: Debt purchasing and assignment - Legal Beagles

[plumfin]

Re: Can I be sued by CL without default notice?

Their initial letter reads absolute, how would you deal with assignment? Don;t they also have to provide all terms changes etc, or is that not legally required when I asked them for it?

thanks

[Curlyben]

Re: Can I be sued by CL without default notice?

They always say absolute assignment.
Did you have any notification from the Original Creditor that this had been assigned/sold to CL ?

Have a read of the link I posted for more about assignment, but it sounds like CL have done their usual and NOT followed correct procedure on this.
Shame really as it means they have NO legal right to bring this action at all..