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

[Miss-]

Good Morning to you all,

I am hoping for some help! This is my first thread so I hope I have posted this in the right place etc.

A bit of background on myself,... I stupidly took out a lot of credit in 2005-2007. I have since calmed down/stopped borrowing and I am trying to repay my debts. I have been on a DMP with CCCS and this has been going well, until I got 3 parking fines early this year Jan/Feb 2012 which I had to pay off as priority debts so CCCS agreed to suspended/terminate my plan until I was in the position to continue with my regular payments towards my creditors.

CL Finance I believe have taken over from GE Money in respect to my store card from House of Fraser which I believe I took out in 2005 or 2006. I have been repaying a debt and on 22/02/2012 my balance was £99.50. I missed the payments in March and April 2012. I received a letter from CL Finance on 03/04/2012 to inform me that I have missed a payment and I further received a letter from Cohen Solicitors to warn me they would take action. I was due to send them a letter to CL Finance on 10/04/2012 to advise of my current circumstances in the hope of restoring my payment plan in the near future, however I received court papers from Northampton County Court to advise me they would be taking action to get a CCJ registered against me. Cohen have added fees and the debt is now £165! which I feel is unfair as the debt was £99.50!

I am in no way disputing I owe this debt, however I can not afford to have a CCJ against my name as this will effect my job role. I would also like help to find out if these charges are reasonable. The charges consist of £50 court referral and the rest are solicitors fees (this was advised to me in the 'court threat letter' Cohen Solicitors sent to me).

Cohen/CL Finance wrote in their letter that they have sent me an assignment of deed? to confirm they have taken over the debt however I do not recall receiving this and further more, I don't believe I have received a default notice prior to this court referral.

I am filing a defence and will be writing to the court to get 28 days to prepare this.

Many thanks in advance for any help that can be offered - PLEASE HELP!!

[miliitant]

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

was the store card upgraded to a credit card at any time

[Miss-]

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

was the store card upgraded to a credit card at any time

No it was never upgraded. It was always just a store card.

[miliitant]

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

i take it you never received a letter before action from cl finance or cohen giving 14 days to pay the arrears

[miliitant]

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

you need to send cohen a cpr 31.14 request for the agreement etc


tell you what,


check back tomorow and ill do a quick cpr 31.14 request for you

ill post it up on your thread the draft for the site team to give it the once over

[Miss-]

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

Thank you! That would be really helpful. I am going to check my letter I received from Cohen to double check if they have given me 14 days before referring to court.

[miliitant]

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

i have had the pleasure of mr cohen and another solicitor for rent carter three times in my past

they do not like it when you put in a half decent defence

in my case three times they have withdrawn the claim

not saying in your case but they are predictable

[Miss-]

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

I should of known, I thought it was a bit hasty referring to court for a debt less than £100 after 2 payments being missed. Especially as previous payments have been coming via CCCS.. and there costs have added more than 50% on to the debt.

Its worth noting that I am in the position to repay the debt £99.50 in full, as my parents have kindly offered to repay the money from a PPI claim they recently won... so I am really hoping I can have the fees and court costs removed so I can settle this!

[miliitant]

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

if we exchange a defence then they will be paying you via a wasted costs order

i believe its about £20 an hour lip rates now

but it usually never gets that far with cohen or carter

[miliitant]

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

watch the time scales

you have to acknowledge the claim within 14 days

what is the date on the claim form

[Miss-]

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

The date of issue is 8th May 2012, I will be posting my acknowledgement tomorrow 14/05/2012 to allow me 28 days (I think?)

I have checked my paperwork again.. The court costs are actually £15 and the solicitor costs are £50! for a debt of £99.50. There particulars of claim state the account was assigned to CL Finance on 2nd July 2009, and a default notice has been served (I have not received notice of the assignment or a default).

I have however received a letter from Cohen on 18th April 2012 which was a 'notice of pending legal action'. Which outlined that I must contact the Lewis Group? (who are they?) to resolve the debt. << I missed this letter before! Does this mean I don't have a valid defence...

So the final letter from Cohen was sent on 18th April 2012 and court papers issued 8th May 2012 - so that is 15 days

[miliitant]

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

acknowledge the claim on WEDNESDAY 16 MAY

i will use the time allowed to construct a decent 31.14 request

that still gives us a weeks grace

i want to nail this in one hit

[miliitant]

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

can you type out the perticulars of claim on the county court claim form

it will prob say "monies owed" for example

[Miss-]

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

Sorry for the delay..

The Particulars of claim

'The claimant's claim for the sum of 99.50 being monies due from the Defendant to the claimant under the regulated credit agreement between the Defendant and Santander Cards UK under reference *** and assigned to the claimant on the 2nd July, 2009 notice of which has been given to the defendant.

The defendant has failed to make payment in accordance with the terms of the agreement and a default notice has been served upon the defendant pursuant to Section 87 (1) of the Consumer Credit Act 1974.

The claimant claims the sum of 99.50

[miliitant]

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

i will do the cpr request today now i have the particulars of claim