Can I be sued by CL without default notice?

**TUTTSI** · 16th July 2009, 08:13:AM

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

Originally posted by plumfin View Post

Hi, I have received Northampton court notification that CL have bought my debt from Santander (GE), and it has put me into a panic. I called GE, and they said my payment was a day late, and by that time they had sold the debt. My initial questions are:
[list][*]Can the sell the debt without notifying me[*]Do CL have to have sent me their own default notice before issuing CCJ proceeding?[*]I offered to make CL monthly payments last night in a panic, they declined and told me I had to pay the full balance over 3 months or they would accept a payment plan, but would insist on still putting a CCJ against me. Is this right? Do they have to accept an offer?

If they bought the debt at a 30p in the £, for instance, can I offer them less than ny acutal debt is, and do they have to accept it?

I am really worried here, and not really sure what my options are to be honest. If anyone can help me it would be greatly appreciated. Many thanks, Plum

Firstly welcome to Legal Beagles, where I am sure you will get a lot of help here.

Have a good read of this thread, it will give you all the information you need in your present circumstances.
http://www.legalbeagles.info/forums/...ad.php?t=14182

Once you have had a chance to read it, pop up any further question and one of the members or team will be able to help you.

Tuttsi

**plumfin** · 16th July 2009, 08:20:AM

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

Thanks Tutsi, I am working away from home so haven't seen the letter. However, I have not received a letter from Santander telling me they have sold the debt. Also, do CL or their solicitors, Lewis Group, have to reissue defualt notices?

**WendyB** · 16th July 2009, 08:51:AM

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

Hi and welcome to Beagles.

There are strict protocols which must be followed before your account can be put into default, and tbh i wouldn't have thought that being one day late with payment is any excuse for them to sell or assign your debt. Have they actually issued a claim against you in court?

We would need to see the POC (Particulars of Claim) before we could advise best way to proceed, but my first thought is that if you have had no correspondence, no default notice, and the pre-action protocols have not been followed, then this claim would be laughed out of court, it seems to me its probably and abuse of process, but like I say we would need more details to best advise.

What is the date of service of the claim? You have 14 days to acknowledge the claim then another 14 to submit a defence.

**TUTTSI** · 16th July 2009, 09:36:AM

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

My o/h has had some similar problem with GE now Santander and he has asked them for the original deed of assignment. This will put his debt on hold until such times as they can can come up with the original deed of assignment.

Let us know how things are once you have seen the letter.

Tuttsi

**plumfin** · 16th July 2009, 11:39:AM

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

Thanks, apparently the letter is from Northampton court, on behalf of CL, from Lewis Group. I have been an idiot and not opened all the Santander letters, but I absolutely know I have not had a default notice from CL. Do they need to start the defualt process again, or can they carry on from where Santander left off? I will be home later tonight and will let you know. Thanks for all your help on this.

**plumfin** · 16th July 2009, 18:04:PM

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

I have the court paperwork here. The claimant is CL Finance, the solicitors are Howard Cohen & Co. I also received a letter from CL today telling me of the notice of assignment, but nothing from Santander. The most recent letter I got from them on 26/6 was to tell me that they needed a payment of £335.84 to bring the arrangement up to date. I paid £106, which they forwarded onto the other company, so I am told.

On the court paperwork, the Particulars of Claim are:

The claimant's claim is for the sum of £1803.25 being monies due from the defendant to the claimant under a regulated credit agreement between the defendant and Santander Cards Uk Ltd under ref XXX and assigned to the claimant on the 8th July, 2009, notice of which has been given to the defendant.

The defendant has failed to make payment in accordance with the terms of the agreement and a default notice has been served upon defendant pursuant to Section 87 (1) of the CCA 1974.

Pursuant to clause 7 of the agreement, the claimant also claims contractual interest at a rate of 22.440% per anum from the date of these proceedings to the date of judgement, or sooner payment, accruing at a daily rate of 1.15

I am stumped here -I may have recevied a default notice from Santander, but can't find it, so not sure if I did.

**Curlyben** · 16th July 2009, 18:26:PM

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

*Rubs Hands*

Seem CL/Cohen's have bought a whole batch of these.

Right then you need to fire off a request for all the paperwork mentioned in the claim.
For this you'll use CPR 31.14. Now don't panic as it's all explained here: DCA: Using CPR 31.14 to Your Advantage - Consumer Wiki

In this case you want:

1 The agreement.

2 The assignment*
3 The default notice*

Do NOT talk to these "people" on the phone at all as this is now LEGAL action and the game changes..

Make Cohen's work for you.
If they cannot supply the required documentation then we'll file for a strike out due to abuse of process.

Now remember your dates:

Service = Day 1
Acknowledgement of Service (AoS) before Day 14
Defence before Day 28, ie 14 days after AoS

So what dates are you looking at here ?

**WendyB** · 16th July 2009, 18:33:PM

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

So the debt was assigned o 8th July and they have already issued an N1? Have you had any other letters from CL prior to them taking action? And is this a loan or a credit card? If its a credit card are there any charges you could reclaim? Use as a counter claim? There's people more knowledgable than me on these matters, but my first thought is that it could be an abuse of process. And is the sum they are claiming the whole of the balance owing?

**plumfin** · 16th July 2009, 18:33:PM

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

It was dated 13 July, as was the letter, although that arrived this morning. I did call them in a panic last night, asking if I can resume the payment plan, however, but the girl was pleasant but unhelpful. The letter says it is an absolute assignment - don't they have to give me some kind of option to pay before going to court? Or am I being naive? thanks for your help on this

**WendyB** · 16th July 2009, 18:35:PM

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

Told you there were better peep than me, CB to the rescue! That'll teach me to refresh before posting!

**Curlyben** · 16th July 2009, 18:37:PM

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

They are SOOOOOOOOOOOOOOO Screwed it's unbelievable.

Clear abuse of Pre-action and zero documentation.
Not to worry I like these

Don't panic we'll have some fun with them..

**plumfin** · 16th July 2009, 18:37:PM

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

No correspondance at all from these people, just this court letter claim form.

**WendyB** · 16th July 2009, 18:37:PM

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

Date of Service is deemed to be 2 days after date on N1, so will be 15th July. Yu have 14 days to acknowledg, so ned to do that by 28th latest

**plumfin** · 16th July 2009, 18:39:PM

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

it is good to get some support on this. What should I do - I have the letter from the link, I send that recorded tomorrow? What should I do on the court claim, admit it?

Can I be sued by CL without default notice?