Can I be sued by CL without default notice?

[Curlyben]

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

lol.
You really are panicing aren't you.

Well, as ever there's more than one way to play this.
1/ Admit everything and take a CCJ like a man and pay CL/Cohen the debt PLUS costs etc.
2/ Screw that and fight as they are in breach of a number of statute laws and MUST be forced to comply or face the consequences.

Now, I'm well aware there's a debt here, but who do you owe, and it isn't CL or Cohens.

As this is now LEGAL action the whole MORAL argument is out of the window, especially as this is a DCA well known for this type of activity.
It's good to give them a bloody nose and show them to be vexatious..

At the end of the day the choice is yours, but I know which way I would go...

[plumfin]

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

I guess my question is that if I request this info AND they provide it all in the time frame, can I then choose to pay the debt direct to them to avoid legal action?
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if they send me the documents, and I pay them, do they have to accept my payment? Sorry to be nervous, but this is freaking me out!!

[Curlyben]

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

Yes, assuming that they FULLY comply with all of your legal requests, then you can attempt settlement.

To be honest it's the most REASONABLE thing to do, but don't offer any kind of settlement until they comply.

Seriously STOP panicking !!

I know it's daunting, but you have come to the right place for help.
Now this is legal action there is Due Process that they must comply with and we will make sure that they do, COMPLETELY !!

[plumfin]

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

aargh - just got my experian notification that GE have put a default notice against me today, but it says arrangement to pay. Confused!!!:tinysmile_cry_t:
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Curlyben, what is the due process they should have followed?

[Curlyben]

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

Ignore the CRA files for now, we'll deal with them later.
Remember GE haven't brought the action as you did have a payment plan, but some bottom feeders..

The Due Process is also known as CPR, Civil Procedure Rules all here: CPR - Rules and Directions - Ministry of Justice (Very long read and heavy going)

Not to worry we'll guide you.
For starters they have failed in Pre-action as they are meant to give you some time to come to a payment arrangement with them BEFORE issuing court action.
Normal this is a Letter before Action giving 14 days to respond.

That and the fact they should of informed you, officially, of the assignment, gives us a couple of MAJOR TP's for starters

[plumfin]

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

should I record any response to the court yet, or wait for the documents to come through?

[WendyB]

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

Don't panic, like CB says. If they haven't followed due process there is a chance that the claim can get struck out, or they will withdraw the action (especailly when they realise who they are up against.) This is the only way that you will be able to make an arrangment to pay. Until we get the claim disposed of, just follow CB's advice. There's no absolute guarantees but there are legalities that they must follow, its the law and they are not above it, though they act like they are. They do scary stuff like this thinking that people will just rollover. Well thats oka forsome, but not the way a Beagle plays it lol.
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You have until 28th to acknowledge, don't do it yet, leave them to stew. Send whatever letter CB has told you to send in the meantime.

[plumfin]

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

Thanks Wendy . I will do this, but my main worry is that if all the docs are good and proper, can I then just pay the debt in full and stop further legal action? Could CL refuse full payment just to be difficult, especially if they perceive me to be a problem?
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ie, hitting back at me?

[Curlyben]

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

IF, and it's a BIG IF, the documents all fully compliant with statute law, then CL cannot refuse your REASONABLE settlement, especially if it's for the full amount.
If they do then this will be brought to the courts attention as to their further abuse of due process.

Basically we let THEM dig a big pooh filled hole and we'll bury them in it

[plumfin]

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

Thanks for that, would that stop any CCJ being issued at that time?

[Curlyben]

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

Slow down there.
You have only JUST received the claim and you are thinking CCJ already.

There is NO way in hell that's going to happen.

look at it this way.
The ONLY way you are going to get a CCJ for this is if you completely ignore the claim and they get a defaulted judgement against you.

IF the documents FULLY comply, then you have already said you would pay them, so NO cause of action (debt). Case closed.

If, as I suspect, the documents are loo roll then they CANNOT take this any further and we'll file for a strike out as an abuse of process.
Even if it does end up in court, we'll make sure you have enough TP's (Tw4t Points aka Pooh) to bury them deeeeep and never see the light of day.

Feel a bit better now ?

[plumfin]

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

oh yes thanks so much, I must seem like a numpty on this, but I will send the letter tomorrow, and let you know what they send back. My husband has just reminded me that I took this out in my maiden name in about 1997, will that have any bearing?

[Curlyben]

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

Excellent.

We know it can seem daunting, but DCA's basically attempt harassment at every turn.
In these cases they are hoping you will either pay up instantly, or bury your head and get a default CCJ and more trouble.

We have seen these type of cases time and again and we offer open and honest advice.


Just one thing on the letter.
You need to edit the first line:

I confirm having returned my acknowledgement of service to the court in which I indicate my intention to contest all of your claim.

to read

I will be returning my acknowledgement of service to the court in which I will indicate my intention to contest all of your claim.

As you haven't filed the Aos as yet.

If you need any more advice feel free to shout..

[WendyB]

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

And can you just confirm what the debt is for? Is it a loan or credit card? Sorry if you've already said and I've missed it, I seem to be having a blonde morning!

[Curlyben]

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

I bet £1 is for a Debenhams Card account