Can I be sued by CL without default notice?

[Amethyst]

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

well if you will post while i'm in middle of moving stuff

[plumfin]

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

Hi, just seen the moved link and question, but it raised something for me - I sent my letters to CL, not Cohens. Will that be ok?

[Curlyben]

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

No matter both the same beast

[plumfin]

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

Thanks. My 12 days for CL were up today, they received the request on Monday 27th. Do I have to give them any time for posting it to me? Also, assuming I don't receive anything, is there a defense template I can use or what would you suggest? thanks

[Curlyben]

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

Remember it's 12 WORKING days, so weekends are out

No matter

[plumfin]

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

Curlyben, is that 12 working days from the date they received it, or the day I sent it? I have to have the defence in by Friday and I am working away until then, so unfortunately, I will have to do this on the move.

Is there anything in the templates that I can use if CL don't supply the details?

Thanks
plum

[Curlyben]

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

12 fro dat of receipt.
Doesn't really matter as they will most likely ignore you anyway.
Not to worry this is ALL GOOD for us

There is NO follow up letter to be sent. They have received your lawful request and as this is the subject of legal proceedings, we'll get the courts to do the work for us and give Cohen's an earful as well..

Even if this wasn't legal action, there's no need to remind DCA's etc of their non-compliance of CCA, they'd find out soon enough when payments cease.

As for your defence.
I'll assume CL/Cohnes wont comply, as is the norm.
So in which case fire off a holder..

Defence
1.The claimants particulars of claim are vague and fail to disclose any cause of action, they appear to be an abuse of the process in that they fail to deal with the basic rules of pleading in accordance with the CPR.


2.Even making allowance for the Northampton Bulk Regime the claim fails to disclose sufficient information as required by the CPR, there is no reference to any account number, no date of alleged agreement, no date of alleged default or details of any default notice served in accordance with s87 (1) Consumer Credit Act 1974, the claim is missing vital information.

3. Without admission that any cause of action is shown by the Claimant it is denied that the Claimant has a claim whether as pleaded or at all.

4. No documents supporting the claims in the particulars have been offered which the defendant needs to establish what agreement it is that this action is based upon

5. Without clarification of the claimants claim, the defendant is extremely disadvantaged and the claimant’s claim appears without merit

6.Further to above the defendant is unable to plead effectively or at all. The defendant is embarrassed.

So here's the plan:

1. file basic defence (above)
2. write to the court pointing out the failure of the claimant to comply with their CPR 31.14 obligations
3. write to the other side and tell them what you have done

In your letter to court give a quick explanation as to what has occured here and also include this section:

Court action was commenced contrary not only to the overriding objectives of CPR but also specifically CPR pre-action protocols 4.1 – 4.10 and as such the time of the court is now being taken up needlessly. The claimants solicitors have also taken it upon themselves to completely ignore my request for further information pursuant to CPR 31.14 as well as a formal request under Consumer Credit Act 1974 s78(1).

Also send a copy to Cohens

[plumfin]

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

CB, this is waht I plan to send to the court, would you make any changes?

Dear Sirs

Ref:

I am writing in reference to the above action against me by CL Group/Howard Cohen & Co Solicitors. Please accept this as my full defence against their claim.

I initially received the Northampton County Claim form on 15th July, at which time I was unaware that Santander had sold my debt to CL Group. I received a Notice of Assignment from Howard Cohen & Co Solicitors on 16th July, telling me that they had submitted a claim against me on 13th July, dated the same day as the court claim. This was the first I had heard from CL Group or Howard Cohen Solicitors; no default notice or previous correspondence, and I have still had no notification from Santander Finance that they have sold my debt. I called Howard Cohen Solicitors on the evening of 15th July to try and discuss the matter, but they were absolutely unwilling to enter into any form of payment plan or further discussions over my circumstances.

I feel that court action was commenced contrary not only to the overriding objectives of CPR but also specifically CPR pre-action protocols 4.1 – 4.10 and as such the time of the court is now being taken up needlessly.

The claimant’s solicitors have also taken it upon themselves to completely ignore my request on 17th July for further information pursuant to CPR 31.14 as well as a formal request under Consumer Credit Act 1974 s78(1). This was sent on 25th July via Registered post along with the required £1.00 cheque. The cheque was cashed on 30th July, but I have not had any correspondence so far from them whatsoever.

Therefore, my defence is:

1. The claimant’s particulars of claim are vague and fail to disclose any cause of action; they appear to be an abuse of the process in that they fail to deal with the basic rules of pleading in accordance with the CPR.

2. Even making allowance for the Northampton Bulk Regime the claim fails to disclose sufficient information as required by the CPR, there is no reference to any account number, no date of alleged agreement, no date of alleged default or details of any default notice served in accordance with s87 (1) Consumer Credit Act 1974, the claim is missing vital information.

3. Without admission that any cause of action is shown by the Claimant, it is denied that the Claimant has a claim whether as pleaded or at all.

4. No documents supporting the claims in the particulars have been offered which the defendant needs to establish what agreement it is that this action is based upon.

5. Without clarification of the claimants claim, the defendant is extremely disadvantaged and the claimant’s claim appears without merit.

6. Further to above the defendant is unable to plead effectively or at all. The defendant is embarrassed.


Thank you for your help on this matter and I look forward to hearing from you soon.

Yours etc
------------------------------- merged -------------------------------
And this is to go to Cohens (found another of your letters, hope this is the right place to use it?)

Dear Sir/Madam

Thank you for your letter of 21st July, the contents of which have been noted.

You have failed to respond to my legal request to supply me a true copy of the original Consumer Credit Agreement for the above account. I have now written to Northampton County Court informing them of your failure to provide me with any information I have requested, yet you seem to have banked my cheque on 30th July.

On 24th July, I made a formal request for a true signed agreement for the alleged account under consumer credit Act 1974 s77/8. This was signed for as delivered on the 27th July. You have failed to comply with my request, and as such the account entered default on 11th August.

The document that you are obliged to send me is a true copy of the executed agreement that contained all of the prescribed terms, all other required terms and statutory notices and was signed by both your company and myself as defined in section 61(1) of CCA 74 and subsequent Statutory Instruments. If the executed agreement contained any reference to any other document, you are also obliged to send me a copy of that document. In addition a full statement of this account should have been sent to me detailing all debits and credits to the account.

Furthermore, you are aware that the Consumer Credit Act allows 12 working days for a request for a true copy of a credit agreement to be carried out before you or your client enters into a default situation.

This limit has expired.

As you are no doubt aware section 78(6) states:

If the creditor fails to comply with Subsection (1)

(a) He is not entitled, while the default continues, to enforce the agreement.

Therefore this account has become unenforceable at law.

As you have failed to comply with a lawful request for a true, signed copy of the said agreement and other relevant documents mentioned in it; failed to send a full statement of the account; and failed to provide any of the documentation requested. You will also be aware of the CPUTR 2008 and the OFT's guidelines on debt collection which state under the title Deceptive and/or unfair methods - Examples of unfair practices are as follows - 2.8

(i) - 'Failing to investigate and/or provide details as appropriate, when a debt is queried or disputed, possibly resulting in debtors being wrongly pursued'

(k) - 'Not ceasing collection activity whilst investigating a reasonable queried or disputed debt'

Consequentially any legal action you pursue will be averred as both UNLAWFUL and VEXATIOUS.

Furthermore I shall counterclaim that any such action constitutes unlawful harassment. Please note you may also consider this letter as a statutory notice under section 10 of the Data Protection Act to cease processing any data in relation to this account with immediate effect.

This means you must remove all information regarding this account from your own internal records and from my records with any credit reference agencies.

Should you refuse to comply, you must within 21 days provide me with a detailed breakdown of your reasoning behind continuing to process my data. It is not sufficient to simply state that you have a ‘legal right’; you must outline your reasoning in this matter and state upon which legislation this reasoning depends.

Should you not respond within 14 days I expect that this means you agree to remove all such data. Furthermore you should be aware that a creditor is not permitted to take ANY Action against an account whilst it remains in dispute.

The lack of a credit agreement is a very clear dispute and as such the following applies.

*You may not demand any payment on the account, nor am I obliged to offer any payment to you.
* You may not add further interest or any charges to the account.
* You may not pass the account to a third party.
* You may not register any information in respect of the account with any credit reference agency.
* You may not issue a default notice related to the account.

I reserve the right to report your actions to any such regulatory authorities as I see fit. You have 14 days from receiving this letter to contact me with your intentions to resolve this matter which is now a formal complaint.

I would appreciate your due diligence in this matter.

I look forward to hearing from you in writing.


Yours faithfully


Thank you so much for your help on this, I wouldn't have had a chance without you. Many thanks.

[Curlyben]

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

CB, this is waht I plan to send to the court, would you make any changes?

Dear Sirs

Ref:

I am writing in reference to the above action against me by CL Group/Howard Cohen & Co Solicitors. Please accept this as my full defence against their claim. Remove this part

I initially received the Northampton County Claim form on 15th July, at which time I was unaware that Santander had sold my debt to CL Group. I received a Notice of Assignment Did you ?? Remember assignemnt is meant to be from GE informing you of the change and a welcome from CL. The fact Cohens have said it was assigned is ball hooks..from Howard Cohen & Co Solicitors on 16th July, telling me that they had submitted a claim against me on 13th July, dated the same day as the court claim. This was the first I had heard from CL Group or Howard Cohen Solicitors; no default notice or previous correspondence, and I have still had no notification from Santander Finance that they have sold my debt. I called Howard Cohen Solicitors on the evening of 15th July to try and discuss the matter, but they were absolutely unwilling to enter into any form of payment plan or further discussions over my circumstances.

I feel that court action was commenced contrary not only to the overriding objectives of CPR but also specifically CPR pre-action protocols 4.1 – 4.10 and as such the time of the court is now being taken up needlessly.

The claimant’s solicitors have also taken it upon themselves to completely ignore my request on 17th July for further information pursuant to CPR 31.14 as well as a formal request under Consumer Credit Act 1974 s78(1). This was sent on 25th July via Registered post along with the required £1.00 cheque. The cheque was cashed on 30th July, but I have not had any correspondence so far from them whatsoever.

Therefore, I have submitted the following in defence until such time as H Cohen comply with my request for further information:

1. The claimant’s particulars of claim are vague and fail to disclose any cause of action; they appear to be an abuse of the process in that they fail to deal with the basic rules of pleading in accordance with the CPR.

2. Even making allowance for the Northampton Bulk Regime the claim fails to disclose sufficient information as required by the CPR, there is no reference to any account number, no date of alleged agreement, no date of alleged default or details of any default notice served in accordance with s87 (1) Consumer Credit Act 1974, the claim is missing vital information.

3. Without admission that any cause of action is shown by the Claimant, it is denied that the Claimant has a claim whether as pleaded or at all.

4. No documents supporting the claims in the particulars have been offered which the defendant needs to establish what agreement it is that this action is based upon.

5. Without clarification of the claimants claim, the defendant is extremely disadvantaged and the claimant’s claim appears without merit.

6. Further to above the defendant is unable to plead effectively or at all. The defendant is embarrassed.


Thank you for your help on this matter and I look forward to hearing from you soon.

Yours etc

Just send Cohen a copy of the letter you have sent to court with a cover informing them of your actions.

Should do the trick.

For a better understanding of all things assignment related have a read of this : Debt purchasing and assignment - Legal Beagles

[plumfin]

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

Thanks, will hopefully send on Wednesday and will keep you informed. Plum.

[plumfin]

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

Nothing received today, letters sent registered post to CL and the court. Will keep you informed.

[plumfin]

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

Court has recevied letter, they told me they will send it to CL who will then decide what to do. What normally happens now? Should I do anything?

also, my credit file has just been updated that CL now are the owners of my account, not GE. It just said change of ownership or something, posted on the 13th. is this normal?

thanks

[Curlyben]

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

Wait and see what CL have to say.
They have 28 days to decide.

As for your credit report, this is normal, and we'll deal with it as part of this action.
Obviously if CL fail to prove assignment etc then we will DEMAND it's removal as incorrect

[plumfin]

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

Thanks CB. What are the options for CL? The court was helpful, but not informative. Am I right in saying that they have to pay to take the case forward? Thanks

[Curlyben]

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

Yep indeedy.
We'll see if they bother complying with your requests..