Invited to Court - HELP!

[chalkiex]

I had sent leeters to CL Finance asking for proof of claim and a cpr request but get nothing back...

So this is what I have received...

General Form of Judgement or Order

Before District Judge Billy Big Bollox sitting at blah blah...

IT IS ORDERED THAT

1. The parties simultaneously do file at Court and serve on the other party their own statements, any witness statements, and a copy of any documents they wish to rely upon by 400pm on 26 March 2010.
2. The original documents must be brought to the hearing.
3. The case will be heard on the 26 April 2010 at 2pm, with a time estimate of 1 hour 30 minutes.
4. The parties are encouraged to contact each other with a view to trying to settle the case or narrow the issues. However, the Court must be informed immediately if the case is settled by agreement before the hearing date.
5. No party may rely at the hearing on any report from an expert unless express permission has been granted by the Court beforehand. Anyone wishing to rely on an expert must write to the Court immediately upon receipt of this order and seek permission, giving an explanation why the assistance of an expert is necessary.

NOTE: Failure to comply with the directions may result in the case being adjourned and in the party at fault having to pay costs. The parties are encouraged always to try to settle the case by negotiating with each other. The Court must be informed immediately if the case is settled before the hearing.


So what do I do now? Is there any point sending the requests for the orginals again... I've no idead what to do now... according the fmotl forum, there is a bit about them having to show proofs of claim and that as they are a debt collection agent who now own the debt, that my original debt with GE is now discharged, which makes their claim against me fraudulent... this is my first time down this road and I must admit I'm now getting a bit freaked out... all help very very welcome.

Thanks.

[peterz]

Hi chalkiex,

Although my knowledge of the finance side of things isnt great(not dont it yet myself ) my experiance in court and how these agencies work is (unfortunatly) growing!

First things first, stay calm!!!! The courts main advantage is fear. Not many people realise the court is a place of business, but treat it as a place of punishment. All they have done is invite you to their place of business to discuss (and i use the term lightly ) the situation between the parties involved and try and come to a resolution. Remember all the court is there to do is mediate between two parties claiming certain things, not to punish you!

I would recomened you read, re read and re read again all of the notices you have sent the DC, get the facts embeded, make sure you understand point by point why you are in the right and can explain it to someone using all the facts. Your previous requests have obviously been ignored so i wouldnt waste your time sending them again but you can try.

I hope u manage to resolve your issue before having to go to court, but if not all i can suggest is serve all of your notices to the court as per point 1 in their letter and take them all (and a witness if possible ) to the hearing and refuse to go into anything until ALL of yours questions 1 by 1 are answered to your satisfaction, after all you are in court to air you side of things and they cannot deny you your right to ask questions

Hope it goes well for you

Peterz

[treeman]

Well said peterz.

[chalkiex]

Thanks peterz, good advice.

I have sent another proof of claim request to Cl Finance and am filing all of the paperwork I have sent to CL to the court...

I'm just unsure how to construct the statement back to the court... any ideas?

Thanks,
Chalkiex.

[chalkiex]

So I'm going to send this, feedback please...

Despite numerous requests to the Claimant, the Claimant has still not replied to requests under CPR procedures to supply the Defendant with said proofs of claim. The Claimant is making allegations against the Defendant that the Defendant does not understand and cannot defend against as the proper rules are not being followed by the Claimant and is therefore deliberately disadvantaging the Defendant.

It is also pertinent that the Court recognises whether CL Finance is acting on behalf of some third party or if they do indeed own the debt they allege. It is vital that this simple point is acknowledged by CL Finance as the Court will surely understand, that if CL Finance have indeed bought the debt from a third party then the Defendant has no further liability to the debt to the third party, and as no contract ever existed between the Claimant and the Defendant, their Claim is simply fraudulent. Equally, if they are an assigned collector of bad debt, then the Claimant must also show equal contract between themselves and the Defendant. As no such contract exists this case is frivolous and a waste of Court time.

Further, it is important that the Court justifies their position to arbitrate in this matter. The Defendant has offered conditional agreement to pay any financial obligation they might lawfully owe on the basis of the proofs of claim as outlined in the attached documents. It is our understanding that if the Defendant has made conditional acceptance to pay then there is no need to arbitrate in this matter, so can the Court please explain their jurisdiction in this matter and the necessity for a Hearing.

All correspondence sent to the Claimant offering conditional agreement to pay and requests for proof of claim are enclosed.

Further, this letter again represents a move for dismissal of this case and proof of claim can be submitted that the Claimant has failed to comply and fulfil the obligations of “consensus ad idem” conditions on the charging instrument or full disclosure. They thereby acquiesce by tacit agreement that places them in dishonour by default. The Defendant seeks remedy by damages for unlawful confiscation of time, liberty and dealing with frivolous filing claims, and other provable offences as apportioned under international law yet not limited to the sum of £750,000.

Sincerely and without ill will, frivolity or vexation.

[chalkiex]

There has been much going on with case...

I first have to say how disapointed I am by the lack of support I've had from my fellow freemen/women, if it wasn't for the handy assistance of Free I think I wouold be completely fooked...

So here goes again...

The court date has been set for the 26th, I have just received the witness statement from CL Finance via Howard Cohen who state that the debt was discharged by Santander and then by deed of assignment passed to CL Finance... so I know if the debt was discharged then there is no further liability to me, CL finance never got my persmission to accept the debt on my behalf... no contract.

Now I know there is a templated letter in this forum for dealing with a debt that has been discharged and assigned to a 3rd party but can I friggin find it...

If you know of the one I mean or of another that would suffice, then can you please help me as the deadline for final serving of docs is the 16th April 12 noon.

Thanks in advance,
Chalkiex.

[^nighthawk^]

Not sure on the letter but in the general discussion area Veronica has posted a For Newbies where to start esque post, and as a relative newbie i've obviously read it.

Might be a good place to start anyway, for actually notices i'm not so sure but will have a look around.

Think Veronica's are on viewtopic.php?f=45&t=4910 , but if you were using someone elses example or another tact, then i imiagine its somewhere i havent read yet.

Hope this helps.

[chalkiex]

Ok, finally... the court has received my final pieces for the defence, CL Finance have still not honoured my request under CPR and they have still not provided any proofs, so this looks like a day in Bournemouth County Court on the 26th April... if anyone is down this way and wants to come along to the public gallery and give some moral support you would be very welcome indeed...

I'm bricking it!!!! lol

Chalkiex.

[strawmansarah]

CL Finance have still not honoured my request under CPR and they have still not provided any proofs

I have just read this thread.

I wish I were nearer, i would gladly come along.

I am in a similar situation with MBNA. I have gained ESTOPPEL but still they keep sending threatening letters, and have RUINED my credit rating (even though the account was NEVER in arrears!). These bastards don't seem to know when No means NO!!!

The very best of luck to you. Please do let us know how you get on.

...not honoured my request under CPR

Can you explain what 'under cpr' means please?

[huntingross]

Civil Procedure Rules

AND

Criminal Procedure Rules

OR

Its something to do with heart attacks