CL Finance claimform - natwest credit card

[Dot1]

Hi everyone,

 

I received a Claim Form from CL Finance Limited and I need urgent help please.

The alleged debt was originally owned by NATWEST Credit Card and was sold to them. I received the court papers three days ago and I am not sure of what to do.CL had initially secured Default Judgement on the same debt before but I managed to get it set aside as I had not received the court papers. The Judge ordered them to file a new claim and provide me with defence pack.

Now they have issued the Claim Form with a copy of CCA. I would also very much appreciate if some one could have a look at the CCA and advice me. Attached is the Claim form and CCA.

Thanks for your help.

[Dot1]

Could someone please help me? Thanks

[postggj]

What reason did the judge set aside the ccj before on the last clain

[Dot1]

What reason did the judge set aside the ccj before on the last clain

 

Thanks postggj, Yes, it was both CCJ and Charge Order. They secured a CCJ in 2008 then followed by charge order. When made the Set aside application because I had not received the claim form, both were CCJ and CO were set aside.

[Dot1]

After the Set Aside, I requested for CCA and they only came back with T&C. There is no DF, TN or any other docs.

[Dot1]

Could some one please have a look at my post?

Thanks

[Dot1]

Could some one please have a look at the claim form and the T&C attached. I need urgent advice please

[cymruambyth]

When was the agreement taken out? Was it an online application?

[Dot1]

When was the agreement taken out? Was it an online application?

Morning and thanks cymruambyth,

It was signed in a branch, but all they are supplied now is what I posted depite requesting for a copy of the CCA.

[Dot1]

As for when it was signed, I will confirm but it was between 2000-2003. I will check and confirm

[Dot1]

Will be back in a few mins. Dropping kids to Sch.

[Dot1]

cymruambyth,

I failed to get any information in relation to when the agreement was signed but very sure that it was before 2005. The statements sent buy NATWEST only covered from 2004, but had a balance brought forward from the previuos statement. Therefore, there must have been other statements before that one.

I did make SAR to NATWEST and they only provided me with statement covering 6 years. They stated that the rest they are unable to obtain from their system.

They confirmed that they are unable to obtain the original application form and went on to say that they have not provided copies of the T&C /Notice of Variations as these fall outside the defination of personal Data Protection Act 1998. That section 7(1) © only requires the Data controller to provide a copy of the information constituiting any personal Data but not actual document on which the personal data is recorded.

No DN or Termination were provided.

But as for CL Finance, they have not provided anything apart from the attched doc despite making both CCA and SAR.

[debbbbsy]

Morning,

 

It was signed in a branch, but all they are supplied now is what I posted depite requesting for a copy of the CCA.

 

They refer to in the claim a regulated credit agreement. They must provide a True copy of your original, dated & signed. The attached document is NOT the agreement they refer to and can rely upon to enforce the claim.

 

They say the Default notice and Notice of Assignment & Natwests letter are all attached with the claim. Are they ?

 

You must send HC a CPR 31.14 request.

 

Debs

[Dot1]

Morning,

 

 

 

They refer to in the claim a regulated credit agreement. They must provide a True copy of your original, dated & signed. The attached document is NOT the agreement they refer to and can rely upon to enforce the claim.

 

They say the Default notice and Notice of Assignment & Natwests letter are all attached with the claim. Are they ?

 

You must send HC a CPR 31.14 request.

 

Debs

Hi and thanks Debs,

No, all they provided are the documents I posted. How do I go about with the CPR31.14?

Any help or guidance?

Thanks.

[DonkeyB]

The PoC is a shambles. They claim the sum due is for an agreement made between you and the claimant. It is not.

 

You must demand the NoA, sight of the deed of assignment, the DN and the NatWest letter.

 

So no application form that you have signed? Just a s78 recon? The T&Cs, according to Carey (which they appear to be relying on here) MUST have been present when you signed the agreement.

 

Do you recall what happened when you were in the branch? Were you provided with T&Cs at the time?

 

I think if you signed in branch, you would not be subject to distance selling regs and (possibly) there would have been no right to cancel – which means the T&Cs may be wrong.

 

When did you take out the card? If you have any of your first statements, that could be useful for seeing if the interest rates quoted match those on the T&Cs. The T&Cs they have sent are all over the place. I can’t work out what’s what – looks like three different incomplete sets!

 

What is the date on the claim? You need to issue a CPR 31.14 request urgently for the missing documents.

[DonkeyB]

Remember, CL Finance won’t know what you have had from NatWest – so let’s see what they can come up with. Even as a recon I doubt this is compliant.

[Dot1]

The PoC is a shambles. They claim the sum due is for an agreement made between you and the claimant. It is not.

 

You must demand the NoA, sight of the deed of assignment, the DN and the NatWest letter.

 

So no application form that you have signed? Just a s78 recon? The T&Cs, according to Carey (which they appear to be relying on here) MUST have been present when you signed the agreement.

 

Do you recall what happened when you were in the branch? Were you provided with T&Cs at the time?

 

I think if you signed in branch, you would not be subject to distance selling regs and (possibly) there would have been no right to cancel – which means the T&Cs may be wrong.

 

When did you take out the card? If you have any of your first statements, that could be useful for seeing if the interest rates quoted match those on the T&Cs. The T&Cs they have sent are all over the place. I can’t work out what’s what – looks like three different incomplete sets!

 

What is the date on the claim? You need to issue a CPR 31.14 request urgently for the missing documents.

Hi DonkeyB,

 

Thanks for your response.

 

No, they have not provided signed application. TGHough its been a while from the time I obtained the card, I recall that I sgned an application.

Initially it was two cards account, Visa and Mater card (Natwest Dual) with two separate account numbers then later on changed to one.

I can not recall well if I was provided with the T&C in the branch.

I tried to look for the statements but could not fid anything before 2004but as I mentioned earlier on it had ballance carried forward from the previous month.

I think the account dates back between 2000 to 2003. I am sorry that I have not got the actual year or information on when exactly the account was opened.

Looking at the T&C provided, yes I think you are right. It looks like its made up of a few different sets.

The Claim form is not dated but posted special delivey ( next day). I recieved it on 10.02.11.It was issued without the response pack.

I looked through my papapers again, they attached NoA and a letter from NATWEST.

See attachment for details.

 

You are very right that their plea (PoC) is wrong. The Judge who Heard the Set Aside Hearing, Pointed that out too and they were given permission to amend but to my suprise they have come back with the same claim.I have also uploaded the order.

[DonkeyB]

Er... that claim form is NOT sealed...

[DonkeyB]

... and they have not complied with the order. Check with the court to see if the claim has actually been lodged (though how do you know where it was lodged? D’oh!). I think an instant strike out would be good!

[Dot1]

Er... that claim form is NOT sealed...

Well, the form has a court stamp on it. My local court but without a date.

[Dot1]

... and they have not complied with the order. Check with the court to see if the claim has actually been lodged (though how do you know where it was lodged? D’oh!). I think an instant strike out would be good!

No they haven't. The order was that they should provide me with a defence pack I do not know if what they provided is the defence pack.

They werealso given permission to amend their PoC as youmight have seen in the Order.

Now what is the next move? Any suggestion?

[DonkeyB]

Did you delete it? Sorry, just that you blanked everything else out differently.

[Dot1]

Looking at their covering letter, they mentioned that a sealed claimed form is attached.

Please have a look at post no. 17.

Thanks

[DonkeyB]

I’m confused. So the claim form itself is undated? Does it have a claim number on it?

 

Your response should be to the court, not to Howard Cohen. What the f are they up to?

[Dot1]

Did you delete it? Sorry, just that you blanked everything else out differently.

Sorry, I am doing so many things at the same time. I am also due to travel this evening and I am so much under presure.

I did not blank the Seal but I noticed that its not showing in the uploaded one. I do not know what happened. But the original has a court stamp on it.