** WON ** CL Finance trying to get CCJ without default notice - PLEASE HELP!

[Celestine]

Re: CL Finance trying to get CCJ without default notice - PLEASE HELP!

That is certainly my understanding of the small claims track Militant.

[SpringerSpaniel]

Re: CL Finance trying to get CCJ without default notice - PLEASE HELP!

and mine

[miliitant]

Re: CL Finance trying to get CCJ without default notice - PLEASE HELP!

error, not needed

[Miss-]

Re: CL Finance trying to get CCJ without default notice - PLEASE HELP!

Thank you I will continue to monitor for any additional comments as I believe I have until tomorrow othewise I will copy and paste as above

[miliitant]

Re: CL Finance trying to get CCJ without default notice - PLEASE HELP!

my pleasure

good luck on this and lets see what cretin comes back with

[miliitant]

Re: CL Finance trying to get CCJ without default notice - PLEASE HELP!

DEFENCE
IN THE NORTHAMPTON CCBC COUNTY COURT
CASE NUMBER: XXXXXX
BETWEEN

CL FINANCE

CLAIMANT

AND


MISSXXXXXX

DEFENDANT

DEFENCE

1. The defendant denies that he is liable to the claimant either as alleged in the particulars of claim or at all. save where otherwise admitted, each and every allegation in the particulars of claim is denied

2. Paragraph1 of the particulars of claim is admitted save that the defendant had an agreement with Santander UK Ltd

3. Paragraph 2 is denied, the defendant maintains that no agreement exists between the claimant and defendant

4. It is denied that the claimant is entitled to the amounts claimed or any interest amounts

5. The claimant alleges the account was assigned to them by Santander UK Ltd on the 2^ndJuly 2009, and that a notice of assignment has been given to the defendant.

6. The defendant draws the courts attention to section 196 Law of Property Act 1925

7. I respectfully submit to the court that steps to ensure service of the notice of assignment are only adequate if the requirements of S.196 of the law of property act 1925 are complied with either (a) postal service or (b) personal service

8. Since the claimant explicitly states it was “sent” it is assumed this was via postal service

The requirements for service via the post are

Law of property act (1925) s196

(4) any notice required by this Act to be served shall be sufficiently served, if it is sent by post in a registered letter addressed to the lessee, lesser, mortgagee, mortgagor, or other persons to be served, by name, at the aforesaid place of abode or business, office, or counting house,and if that letter is not returned by the postal operator (within the meaning of the Postal Services Act 2000) concerned undelivered, and that service shall be deemed to be made at the time at which the registered letter would be in the ordinary course be delivered.

9. It is noted that the claimant has, at no time, provided evidence that the notice of assignment was sent by registered post, and if “sent” via any other method, the notice was not sufficiently served.

10. I did not receive any notice of assignment in the format prescribed by law and served in the prescribed manner from the respondent

11. To the best of my knowledge any notice of assignment sent to me by registered post must therefore have been returned to the respondent.

12. Consequently, I do not believe that any notice of assignment was properly served upon me at the date of the claim, and therefore any assignment has not been perfected in law.

13. It is further averred that I am entitled to inspect the Deed of Assignment as to my request under CPR 31.14 made to the claimant’s solicitors (Howard Cohen)

(Van Lynn Developments V Pelias Construction Co Ltd 1968 (3) ER 824)

14. The claimant’s solicitor has failed to facilitate this as to my CPR 31.14 request

15. The defendant requests from the claimant under what statute authority they are able to issue a Default notice served under S.87 (1) of the Consumer Credit Act 1974 post termination and assignment from the original creditor.

16. The claimants solicitors has failed to send the Defendant a Certified copy of the Terms and Conditions associated to this account as stipulated by his CPR 31.14 Request.

17. The defendant requests an explanation from the claimant’s solicitors (Howard Cohen) as to why they have included solicitor’s fees of £50.00 when this claim is subject to the small claims track and is not applicable.

STATEMENT OF TRUTH

I (your name)believe the facts stated in this defence are true.

(Print your name)

Dated this day 20^th June 2012





I HAVE PLAYED A BIT, USE THIS

[miliitant]

Re: CL Finance trying to get CCJ without default notice - PLEASE HELP!

WHEN YOU CUT AND PASTE THIS INTO YOU DEFENCE ONLINE

make sure you run through it before hitting the send button to the court

microsoft word has a habit of changing or putting words where they should not be

check spacing etc

read, and read again before hitting send

regards

[Miss-]

Re: CL Finance trying to get CCJ without default notice - PLEASE HELP!

my online login was not working this morning so I have already posted the previous one. But I am going to copy this and send this by email and post and hopefully they will accept it

[Miss-]

Re: CL Finance trying to get CCJ without default notice - PLEASE HELP!

thank you again

[miliitant]

Re: CL Finance trying to get CCJ without default notice - PLEASE HELP!

just keep your thread updated
on all developments

[miliitant]

Re: CL Finance trying to get CCJ without default notice - PLEASE HELP!

has clueless finance or cohen responded yet to your defence

[Guest]

Re: CL Finance trying to get CCJ without default notice - PLEASE HELP!

has clueless finance or cohen responded yet to your defence

Clueless Finance.

*Weeping*

[Duffers Mum]

Re: CL Finance trying to get CCJ without default notice - PLEASE HELP!

Subbing with interest!

[dogtired]

Re: CL Finance trying to get CCJ without default notice - PLEASE HELP!

subbing with interest

[cupidstunt]

Re: CL Finance trying to get CCJ without default notice - PLEASE HELP!

What was the outcome?