CL Finance taking me to court over loan (ex-HSBC) which has PPI- how to defend?

[zhanzhibar]

Re: CL Finance taking me to court over loan (ex-HSBC) which has PPI- how to defend?

Hi all

I called Northampton CCBC & spoke to them about my N244 application & asked if I could pay over the phone & sent the application after I talked to them. They said I can do that & told me that the amount to pay for N244 application is £45 (I was ready to pay £80 but as they said it is £45.. who am I to argue). So paid it & sent my N244 with all relevant papers (draft order of direction, witness statements and exhibits) to the court using next day delivery. Should be there today. Do i need to send a copy of my N244 application to Cohen?

The guy at the Northampton CCBC who I spoke to also told me that I should really put in a defence as well just in case. What do you all think?

[mystery1]

Re: CL Finance taking me to court over loan (ex-HSBC) which has PPI- how to defend?

£45 is the fee with no hearing. Phone back and sort it as although they screwed up, it's your problem.

Do not enter a defence or your application for an unless order and compliance with 31.14 will fail. If a Judge orders you to then you have to otherwise your application negates the need.

"Once the defendant has filed a defence and defended on the merits he is taken
to have acquiesced, and it is too late to take the point (Johnson v Gore Wood and
Co.[2002] 2 AC 1; Coca-Cola Co. v Ketteridge [2003] EWHC 2488 (Ch); LTL
4/11/2003)." That is in the guide i posted earlier.

M1

[zhanzhibar]

Re: CL Finance taking me to court over loan (ex-HSBC) which has PPI- how to defend?

Ok. Thanks M1 for letting me know about the fee. I will call them again and paid up the extra.

Also am I suppose to send my N244 to Cohen aas well?

[mystery1]

Re: CL Finance taking me to court over loan (ex-HSBC) which has PPI- how to defend?

Don't think so. Ask the court when you phone although given the earlier conversation ...

M1

[pt2537]

Re: CL Finance taking me to court over loan (ex-HSBC) which has PPI- how to defend?

Hi All, I just check the post office tracker which confirmed that my CPR31.14 request was delivered on th 5th July. So is it 7 days from 5th July? I have called the court as well as sending the letter from Cohen agreeing that the account is on hold till 31st July.


I am very wary of judges. This is because of the Amex judgement that according to my (legal-aid) barrister was biased & there is a ground for appeal. As I have nothing to lose so I borrowed from family & friends to pay for the transcript from the day of hearing to put as evidence for ground of appeal. This was in February. The judge till this day still has not approved the transcript and now that I have charging order made against me my barrister said it is highly unlikely that I will get an appeal. & Still no transcript being approved but which has costed me money. I asked my barrister whether this is the usual conduct/practise by the court & he said that such a delay is not the usual practice of the courts & that I can raise a complaint with the Judicial Conduct Board and ask to be compensated for the wasted costs of the transcript. He also said that he is not sure what kind of response I would get as this is the first time he has ever known a Judge cause such delay in the approval of a transcript. I guess its a lottery as who you got on the day.

Anyway back to main issue regarding CL finance, as the defence need to be in by 31st July but so far no news from Cohen, do I give them a couple more days? What's should I do now?

With regards amex

If you were unable to file the appellants notice then you should have applied under CPR to extend the time for filing the appellants notice.

I did just that in a case where the Court lost the transcript etc, and i had to apply to extend the time so that we werent appealing out of time.

[zhanzhibar]

Re: CL Finance taking me to court over loan (ex-HSBC) which has PPI- how to defend?

So I Just rang them up in Northampton CCBC & they told me that normally the case of wanting the Claimant to produce documentation will be dealt with no hearing by the District judge. I tried to insist that I want a hearing and I want to pay the extra payment but they keep saying that it is a no hearing and therefore they don not want my extra payment. Also I ask if they have received my application but apparently there is a backlog. So I said that my last date of filing defense is on 31st July, so if they have not processed my app, i might get a default judgment but the guy said that if the default judgment is given & subsequently when my application is processed and they found that my application is before the filing date end then the judgment will not held as the application take precedent. Now question is, can I trust what this guy said?

[zhanzhibar]

Re: CL Finance taking me to court over loan (ex-HSBC) which has PPI- how to defend?

With regards amex

If you were unable to file the appellants notice then you should have applied under CPR to extend the time for filing the appellants notice.

I did just that in a case where the Court lost the transcript etc, and i had to apply to extend the time so that we werent appealing out of time.

Now that I have a charging order to my house which happened early June, my barrister said my chances for appealing is basically nil. I have to ring up Walsall County Court now & try to find out what happen to the transcript because the last time we heard is that it is still with the judge. The judge if I am not mistaken did say that the time to appeal will start 2 weeks following approval & receipt of the transcript but since the charging order came first.. so guess no point in appealing & money went down the drain for the transcript.

[zhanzhibar]

Re: CL Finance taking me to court over loan (ex-HSBC) which has PPI- how to defend?

Don't think so. Ask the court when you phone although given the earlier conversation ...

M1

I forgot to ask when I called just now, maybe I should send a copy of the N244 to Cohen?

[MIKE770]

Re: CL Finance taking me to court over loan (ex-HSBC) which has PPI- how to defend?

I forgot to ask when I called just now, maybe I should send a copy of the N244 to Cohen?

Yes copy to the court and copy to whoever is taking you to court. send Recorded Delivery

[mystery1]

Re: CL Finance taking me to court over loan (ex-HSBC) which has PPI- how to defend?

So I Just rang them up in Northampton CCBC & they told me that normally the case of wanting the Claimant to produce documentation will be dealt with no hearing by the District judge. I tried to insist that I want a hearing and I want to pay the extra payment but they keep saying that it is a no hearing and therefore they don not want my extra payment. Also I ask if they have received my application but apparently there is a backlog. So I said that my last date of filing defense is on 31st July, so if they have not processed my app, i might get a default judgment but the guy said that if the default judgment is given & subsequently when my application is processed and they found that my application is before the filing date end then the judgment will not held as the application take precedent. Now question is, can I trust what this guy said?

It's your application and your choice. If the idiot on the phone doesn't know how to do it his supervisor might. They should really put a note on your file as whether they have processed it or not you have paid (well kind of). Phone back and insist on doing it your way. Tried no hearing in a another thread and it failed (not over by a long way yet but it makes it harder). Even PT was surprised and he does it for a living although he says he asks for a hearing.

I would insist on a hearing.

Have Cohen made any comment when hey expect you to get the documents ? Has an individual signed the claim form ?

M1

[zhanzhibar]

Re: CL Finance taking me to court over loan (ex-HSBC) which has PPI- how to defend?

It's your application and your choice. If the idiot on the phone doesn't know how to do it his supervisor might. They should really put a note on your file as whether they have processed it or not you have paid (well kind of). Phone back and insist on doing it your way. Tried no hearing in a another thread and it failed (not over by a long way yet but it makes it harder). Even PT was surprised and he does it for a living although he says he asks for a hearing.

I would insist on a hearing.

I thought that would be the case. It is my application and therefore it my choice, i did try insisting that I want a hearing but he kept saying that he has asked 2 of his colleagues and that it is not the norm to ask for a hearing. I will try again tomorrow morning. It took 10 min before I get to speak to somebody just now.

Have Cohen made any comment when hey expect you to get the documents ? Has an individual signed the claim form ?

No correspondence at all from Cohen. The claim form just stated Howard Cohen & co; Claimant's Solicitor



I have sent the N244 application with supporting docs to court yesterday so should be there now. I will send a copy to Cohen 1st thing in the morning.

[mystery1]

Re: CL Finance taking me to court over loan (ex-HSBC) which has PPI- how to defend?

Claim issued 6/6 deemed served 5 days later + 28 +28 .Deemed served on 11/6 28 days later would be 9/7 and 28 days later would be 6th August if i've calculated correctly.

Wouldn't worry too much about what they say regarding summary judgement but check 2/3 days before just to be cautious.

M1

[zhanzhibar]

Re: CL Finance taking me to court over loan (ex-HSBC) which has PPI- how to defend?

Hi all,

I received a letter from Cohen stating that CL Finance have agreed to discontinue the court proceedings against me. I guess that means that I don't have to attend court on this particular instance but;

a) Can they take me to court again later in the days?
b) Can I get back my costs for this case e.g. my N244 application, all the next day deliveries posts i sent, telephone calls to the court?
c) What would it state on my credit reference?

[mystery1]

Re: CL Finance taking me to court over loan (ex-HSBC) which has PPI- how to defend?

a) Yes, but not likely.

b) Yes. http://www.justice.gov.uk/courts/pro...art38#IDAME0HC

c) Wouldn't think it'll change.

This is a great result and shows how good it is to take a "free shot" using the rules prior to having to put in a defence.

M1

[zhanzhibar]

Re: CL Finance taking me to court over loan (ex-HSBC) which has PPI- how to defend?

Thanks for your quick response M1 and thanks to you and everybody here who has contributed to this thread and helping me to get to this stage. You can't imagine how the help and support I got from this forum for this case especially during my busiest period at work (which has reduced now thankfully) has helped me maintaining my sanity around my work and my children. So thank you again.

I will try to get my costs, just in case there is a time limit for asking them to pay me back and will update.