Can I be sued by CL without default notice?

[plumfin]

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

is that for my response to the court? When would I use this? thanks

[plumfin]

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

Hi, I talked to the court today and they still have not had anything written from Northampton. When I asked what to do, they suggested I write in explaining this and see what the Judge says. Should I do that, or would you fill in the AQ and write all this on there?

[Curlyben]

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

Both, better to cover all the bases.

[plumfin]

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

Thanks. Do I put all CL's failures on the AQ? Or leave it til I get to court? I also understand that CL have to reply by Monday too. What happens if they don't? Talking to the court, I also get the impression that CL have not actually responded in writing, hence my inability to get the letter out of them.

If I end up in court and the judge finds against me, can I pay up there and then and still avoid a CCJ, or is it too late at that time?

[Curlyben]

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

You have a section for further information for the judge.
That's the place for the failings, ie no default notice, assignment, ignoring CPR etc.

Might also be worth firing in an order for directions.
something along these lines should be good.

PROPOSED DIRECTIONS ON ALLOCATION

1.The claim be allocated to the Small Claims Track.

2. The claim thereafter be stayed until 5th November 2009 while the parties try to
settle it by mediation or other means. The parties to notify the court in writing at
the end of that period whether settlement has or has not been reached, and to
submit a draft consent order of any settlement.

3.The Claiments do file and serve by 4pm on 5th November a fully pleaded Particulars of Claim setting out the full circumstances and how it is calculated, and exhibiting

a) the original agreement between **ORIGINAL CREDITOR** and the Defendant.
b) A copy of the referenced Default Notice
c) Copies of statements relating to the account showing when the Defendant showing when the Defendant last made a payment under the agreement being sued upon.

4. If the Claimant fails to comply with this order, the claim will be struck out without further order.

5. The Defendant do file and serve and amended defence within 14 days of service of the documents referred to in paragraph 3 hereof.

6. If the Defendant fails to comply with this order, the Defence will be struck out without further order.

What do you think ?

[plumfin]

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

Looks good, would I put this in a separate letter? I am more than happy to try to come to some arrangement, but I feel that the court in Northampton has been almost complicit with them. Is that a little grassy knoll?

[Curlyben]

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

There's a section in the AQ for directions.
Best to simply add this as an additional sheet.

Seems N'ton have simply cocked up as it should of moved once your defence was filed.

[plumfin]

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

Thanks, looks good - would I put this in the letter? I am more than happy to work something out, but I get the feeling the Northampton court has been almost complicit with CL, allowing them to respond but not in the time frames agree. Or is that a little grassy knoll?
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sorry, post have been delayed
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Northampton have sent the file to Crewe, but not the last CL correspondence asking for the stay to be lifted.

[plumfin]

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

This is my proposed AQ response

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 still have not received any form of default notice or previous correspondence from CL Finance 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.

When I submitted a formal CPR request to CL for detailed and full documentation, not only were they late in responding according to the dates set by the Court, I only received a statement of account, a copy of the original agreement and a covering letter, nothing more. I then corresponded with Northampton Court and was finally informed on 15th September that the case was “stayed” as they had not had any correspondence from the claimants. However, I then received the Allocation Questionnaire on 18th September, whereupon I immediately called Northampton Court and they informed me that they had received an application to lift the stay. I asked for a copy of the claimant’s letter, but the Court could not provide me with this. I then contacted Crewe Courts with the same request but although they had the file, they could not provide me with a copy of the letter. I was advised by Sarah to call again in a week to see if they had it then. I called on 25th, as agreed, and this letter was still not available.

I feel that I have tried to contact the claimant to work out a repayment plan, but they have been totally unconcerned in my case and disinterested in resolving it or acting responsibly toward me. They have not complied with any best practice by not sending me any form of Default notice nor have I received any Assignment Notice from Santander. CL Finance ignored my initial CPR request and even when they bothered to reply, they only sent a few documents, not the whole account history, as I thought I was entitled to. I also feel that their request to lift the stay has been handled badly; I cannot find a copy of this letter to respond to and so I feel at a huge disadvantage in my response.

Therefore, I have requested on a separate attachment that you consider my proposed directions on allocation.
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any thoughts or should I change anything?

[Curlyben]

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

Nice one.
Gives the Judge a good run down of everything that's happened.

[plumfin]

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

sorry, not meaning to be dim, but do I need to pay anything for my response? it is asking me to attach a cheque?

[Curlyben]

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

Nope.
The claimant needs to pay the Allocation fee.

[plumfin]

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

this is the extra letter you suggested too . Do I run the risk of annoying the judge with my response, or do they hear this kind of thing quite often?



I am writing in reference to the above action against me by CL Group/Howard Cohen & Co Solicitors. I have completed the Allocation Questionnaire and I would like to propose some directions on allocation, if that is acceptable.


PROPOSED DIRECTIONS ON ALLOCATION

1.The claim be allocated to the Small Claims Track.

2. The claim thereafter is stayed until 5th November 2009 while the parties try to settle it by mediation or other means. The parties to notify the court in writing at the end of that period whether settlement has or has not been reached, and to
submit a draft consent order of any settlement.

3.The Claimants do file and serve by 4pm on 5th November a fully pleaded Particulars of Claim setting out the full circumstances and how it is calculated, and exhibiting:

a) the original agreement between **ORIGINAL CREDITOR** and the Defendant.
b) A copy of the referenced Default Notice
c) Copies of statements relating to the account showing when the Defendant showing when the Defendant last made a payment under the agreement being sued upon.

4. If the Claimant fails to comply with this order, the claim will be struck out without further order.

5. The Defendant do file and serve and amended defence within 14 days of service of the documents referred to in paragraph 3 hereof.

6. If the Defendant fails to comply with this order, the Defence will be struck out without further order.


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

Yours faithfully

[Curlyben]

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

You need to change this part: **ORIGINAL CREDITOR** to the actual creditor

[plumfin]

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

dp yo mean CL or Santander?
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or the words actual creditor?