Charging order on debt paid in full

10past6

oojakapipi wrote: »

you have set the butterflies off because I thought they charged £70 odd for 'setting aside'. Do you know if I have got it wrong?

Depends on how soon you filed your defense.

If this case has been brought through there neglect, you could claim it back from them.

If you're up for it, you could always issue a CPR18 on them

Dear Sir/Madam

REQUEST FOR INFORMATION CPR 18

I have received a recent court claim from your organisation. In order to file a defence and counter claim I require some information. Given that this matter is now the subject of legal proceedings, you are obliged to disclose under the Civil Procedure Rules, the information and documents detailed below.

The information must be furnished within fourteen days of the receipt of this letter. If you fail to comply, this will be reported to the Court, a copy of this letter will be provided as evidence to the same and an Order enforcing your compliance will be sought.

1. A true copy of the executed credit agreement and any terms and conditions that applied to the account at the time of default and at the time the account was opened. True copies of any notice of assignment and/or default notice or enforcement notice that you or the original creditor sent me, with a copy of any proof of postage that you hold.

1.1 If copies of any of the above documents are to be relied on in court rather than originals, a copy of the Notice of proposal to adduce hearsay evidence required under s2(1) of the Civil Evidence Act 1995 together with proof of the authenticity of the document(s) as required under s8(1)(b) of the Act, including but not limited to:

(a) a copy of the procedure(s) used for copying, storing and retrieving documents
(b) a copy of the relevant log entry showing the time and date of the scan or copy, the name of the member of staff making the copy, the method used for copying, storage and retrieval and time and date of destruction of the original document(s)
(c) copies of internal and external audit reports covering the entire period from the date of the copy to the present to demonstrate that the procedures have been complied with
(d) copies of Quality Assurance accreditation certificates covering the entire period from the date of the copy to the present to demonstrate that the procedure(s) and audit process(es) comply with the appropriate quality standards

2. All records you hold on me relevant to this case, including but not limited to:

a. Transcriptions of all telephone conversations recorded and any notes made in relation to telephone conversations by your company, or by any previous creditor
b. Where there has been any event in my account history over this period which has required manual intervention by any person, I require disclosure of any indication or notes which have either caused or resulted in that manual intervention, or other evidence of that manual intervention in relation to my account formerly held with Barclaycard.
c. .Documents relating to any insurance added to the account, including the insurance contract and terms and conditions, date it was added and deleted (if applicable).
d. Details of any collection charge added to the account; specifically, the date it was levied, the amount of the charge, a detailed financial breakdown of how the charge was calculated, and what the charge covers.
e. Specific details of the fees/charges levied by any other agency in respect of this account and a detailed breakdown of said fees/charges and what each charge relates to and on what date said fees/charges were levied.
f. A genuine copy of any notice of fair use of my data as required by the Data Protection Act 1998

g. A list of third party agencies to whom you have disclosed my personal data and a summary of the nature of the information you have disclosed.
h. Copies of statements for the entire duration of the credit agreement.

3. Any other documents you seek to rely on in court.

I will require this information within the next fourteen days. I must advise you that if the information is not forthcoming, it will be reported to the Court that you are trying to frustrate proceedings and denying me the opportunity to file a defence and counter claim.

Yours sincerely,

oojakapipi

I think I am ok then cause they have no way of claiming against me on a CO since I paid them in full 3 weeks before they tried for the CO. They can settle all the costs associated with this action.:D

10past6

You've ended your thread with a smile, I trust you're feeling happier now compared to a few hours ago!!

oojakapipi

I am now on top of the world. 2 days of no hassle! Hope you have the same feeling tonight! xxx

CiderBoy

Just one other point - if the original judgment on this case was on 30 Sept & you paid on 23 Oct then you should be entitled to a certificate of cancellation rather than satisfaction (ie: the judgment gets removed from your credit record). Ask the court about this on Monday.

oojakapipi

CiderBoy wrote: »

Just one other point - if the original judgment on this case was on 30 Sept & you paid on 23 Oct then you should be entitled to a certificate of cancellation rather than satisfaction (ie: the judgment gets removed from your credit record). Ask the court about this on Monday.

Good point Ciderboy,

it is a certificate of cancellation as payment made in full within 30 days.

Spoke to CL Finance solicitors today who said "oh sorry about that, it is just an admin error, just disregard the CO". Asked them to send written confirmation of this and to confirm that this will not be appearing on my credit file.

Spoke to the court who have not received anything from CL Finance to cancel the interim CO hearing. The court are not amused either. Luckily I have written confirmation from CL Finance solicitors that the debt was paid in full, so will be sending copy to the court to get CO hearing cancelled (don't trust CL Finance to do it) along with £15 for the cert of cancellation.

Perhaps I should bill CL Finance for phonecalls and recorded delivery fee to get CO hearing cancelled. :rolleyes:

Thanks for all the help with this especially 10past6, the CPR18 would have been really helpful had I needed it, hopefully it will help anyone else in this situation who reads this thread.:T