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Creation financial Service county court claim form.PLEASE HELP!!

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  • Creation financial Service county court claim form.PLEASE HELP!!

    Update: Draft a defense using forums template, can any help amend it for me to be 100% correct and best as possible? id really appreciate it.


    Update: just submitted AOS form. tick Defend part of this claim & untick Contest Jurisdiction.
    What my next step to take?Any advice appreciated.
    When my deadline to submit defend?is weekend count?
    Thanks


    Received a claim? Yes/No: YES

    Issue Date:07/10/2019

    Have you Acknowledged the Claim?:Yes on 18/10/2019.Tick: I intend to defend part of this claim.

    Total Amount Claimed : ( approximately please do NOT use EXACT figure given on the claim form, round up to next £100 or £1000) around £2000.

    Claimantís Name:Creation Financial Services Limited

    Solicitors Firm: SHOOSMITH LLP

    Original Creditor: ASDA credit card by Creation Finance

    Original Debt (eg. Credit card/Loan/Overdraft) : Credit Card

    Particulars of Claim: ( Please type out in full excluding names/account numbers/exact amounts ):
    The Defendant (D) held the account as listed below with the claimant (C) D failed to pay the sum listed below remain outstanding.

    Is the debt Statute Barred (have you had any contact with the creditor or claimant over the last 6 years?):
    Account Opened:07 Apr 2013. Defaulted date:05 Feb 2019 show in my credit report.

    List any letters you have sent (eg: CCA/ CPR ):NO.

    Any Other Information or Background Details:
    My card limit is £950,i don't understand how come the remain outstanding form? I still keep paying £20 a months

    I've had a read and about to write the CPR 31.14. Just wanted to check what documents will be requesting for?
    Particulars of Claim: The Defendant (D) held the account as listed below with the claimant (C) D failed to pay the sum listed below remain outstanding.
    Last edited by cho11; 4th November 2019, 13:15:PM. Reason: Draft a defence help please.
    Tags: defence

  • #2
    Anyone can i help,please? What my next step?Thanks

    Comment


    • #3
      Hello

      If you want any proper assistance, I would suggest you complete the below template with as much detail as possible - the more you include, the better we can understand your issue.

      Received a claim? Yes/No:
      Issue Date:
      Have you Acknowledged the Claim?:
      Total Amount Claimed : ( approximately please do NOT use EXACT figure given on the claim form, round up to next £100 or £1000)
      Claimantís Name:
      Solicitors Firm:
      Original Creditor:
      Original Debt (eg. Credit card/Loan/Overdraft) :
      Particulars of Claim: ( Please type out in full excluding names/account numbers/exact amounts ):
      Is the debt Statute Barred (have you had any contact with the creditor or claimant over the last 6 years?):
      List any letters you have sent (eg: CCA/ CPR ):
      Any Other Information or Background Details:
      Check out some useful guides below

      A guide to voluntary termination
      Seting aside a CCJ
      Completing an N180 Form (Courtesy of Jaguarsuk)

      - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
      LEGAL DISCLAIMER
      Please be aware that this is a public forum and is therefore accessible to anyone. The content I post on this forum is not intended to be legal advice nor does it establish any client-lawyer type relationship between you and me. Some of the content I post may include example wording, letters, or other similar responses but they are intended purely for informational and educational purposes. Using some or all of the content I post may fail to meet your needs that is specific to your situation. Therefore any use of my content is at your own risk and I cannot be held responsible in any way. It is always recommended that you seek independent legal advice and you can do this through the Law Society's Find a Solicitor database, by contacting your local Citizen's Advice Bureau or legal advice centres such as LawWorks. You may also be able to seek legal advice from your local university who may run a free (but limited) legal advice clinic to members of the public.

      Comment


      • #4

        Originally posted by R0b View Post
        Hello

        If you want any proper assistance, I would suggest you complete the below template with as much detail as possible - the more you include, the better we can understand your issue.

        Received a claim? Yes/No: YES

        Issue Date:07/10/2019

        Have you Acknowledged the Claim?:Yes on 18/10/2019.Tick: I intend to defend part of this claim.

        Total Amount Claimed : ( approximately please do NOT use EXACT figure given on the claim form, round up to next £100 or £1000) around £2000.

        Claimantís Name:Creation Financial Services Limited

        Solicitors Firm: SHOOSMITH LLP

        Original Creditor: ASDA credit card by Creation Finance

        Original Debt (eg. Credit card/Loan/Overdraft) : Credit Card

        Particulars of Claim: ( Please type out in full excluding names/account numbers/exact amounts ):
        The Defendant (D) held the account as listed below with the claimant (C) D failed to pay the sum listed below remain outstanding.

        Is the debt Statute Barred (have you had any contact with the creditor or claimant over the last 6 years?):
        Account Opened:07 Apr 2013. Defaulted date:05 Feb 2019 show in my credit report.

        List any letters you have sent (eg: CCA/ CPR ):NO.

        Any Other Information or Background Details:
        : my card limit is £950,i don't understand how come the remain outstanding form? I still keep paying £20 a months

        rob
        Last edited by cho11; 22nd October 2019, 09:28:AM.

        Comment


        • #5
          Iíve had a read and about to write the CPR 31.14. Just wanted to check what documents Iíll be requesting for?
          Particulars of Claim: The Defendant (D) held the account as listed below with the claimant (C) D failed to pay the sum listed below remain outstanding.
          Thanks rob

          Comment


          • #6
            anyone can help,please? i really need to send out CPR 31.14 ASAP.but i have no idea what to do!
            I've had a read and about to write the CPR 31.14. Just wanted to check what documents will be requesting for?
            Particulars of Claim: The Defendant (D) held the account as listed below with the claimant (C) D failed to pay the sum listed below remain outstanding.

            Comment


            • #7
              Particulars of Claim: The Defendant (D) held the account as listed below with the claimant (C) D failed to pay the sum listed below remain outstanding.
              Is that really the particulars of claim word for word? Seems like there is more to that - if you are only going to give us half the particulars I'm afraid you are only going to get half the help.

              As for the documents, what do you have already - do you currently have anything to hand.

              The claim doesn't appear to be statute barred so it could be beneficial for you to consider making an offer of settlement. What's the reference to paying £20 per month?
              Check out some useful guides below

              A guide to voluntary termination
              Seting aside a CCJ
              Completing an N180 Form (Courtesy of Jaguarsuk)

              - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
              LEGAL DISCLAIMER
              Please be aware that this is a public forum and is therefore accessible to anyone. The content I post on this forum is not intended to be legal advice nor does it establish any client-lawyer type relationship between you and me. Some of the content I post may include example wording, letters, or other similar responses but they are intended purely for informational and educational purposes. Using some or all of the content I post may fail to meet your needs that is specific to your situation. Therefore any use of my content is at your own risk and I cannot be held responsible in any way. It is always recommended that you seek independent legal advice and you can do this through the Law Society's Find a Solicitor database, by contacting your local Citizen's Advice Bureau or legal advice centres such as LawWorks. You may also be able to seek legal advice from your local university who may run a free (but limited) legal advice clinic to members of the public.

              Comment


              • #8
                Originally posted by R0b View Post

                Is that really the particulars of claim word for word? Seems like there is more to that - if you are only going to give us half the particulars I'm afraid you are only going to get half the help.

                As for the documents, what do you have already - do you currently have anything to hand.

                The claim doesn't appear to be statute barred so it could be beneficial for you to consider making an offer of settlement. What's the reference to paying £20 per month?
                Thank you for your response rob

                I upload the document,to show full Particulars Claim.

                I"ve searched and can't actually find a similar. Just wanted to check what documents will be requesting for CPR31.14.
                They don't mention Agreement/Contract/Default Notice/Notice of Assignment?

                I received documents by Shoosmiths on 30/08/2019 with information sheet & reply form & the other on 16/09/2019 for issue court proceedings.
                Unfortunately I'm away home till Oct,so no chance to reply the letter back on time.

                The reference to paying £20 a months,coz this the amount i can afford rather than mini payment after been redundancy.

                The reason for I intend to defend part of this claim,because I'm not agree the outstanding balance £2375.19.my credit limit £1150 only.

                I don't mind setting up a payment plan with them, but I have not contacted them yet as do not want to take any wrong steps.
                Should i contact the company or go thorough court?

                How can i request setting the case out of court?


                If I entered an offer to pay monthly installments would I still have a CCJ against me which would show on my credit file and the judgment register for 6 years?

                Thanks Again rob
                Attached Files

                Comment


                • #9
                  rob i have been uploaded full Particulars Claim document,can you help me have look,please.
                  How can i request setting the case out of court?
                  Thanks again.

                  Comment


                  • #10
                    So you've acknowledged the claim and the issue date was 7 October, meaning you have 33 days to file a defence which is Saturday 9 November. As the date for filing falls on a weekend, you get until 4pm on Monday 11 November to file your defence.

                    Can I ask when did you stop making your payments?

                    The Particulars of Claim are pretty poor because there is no reference to a default notice being served, whether the contract had been terminated if at all and on what date (this can be useful because if they didn't follow the correct process, it could be deemed a wrongful termination). So you appear to have some kind of valid defence to the claim as it stands.

                    So, next steps. I suggest you take a look at the First Steps link (click here) which explains what you should do i.e. send a CCA request and CPR request and what to send. However in this instance, I wonder if it is actually worth sending a CPR 31.14 request and wait for Creation to prove its case by sending the documents of their own accord.

                    It might also be worth making a subject access request for information Creation holds about you (click here). If there are things missing like a default notice, that could be worth defending.

                    I wouldn't rush to settling your claim just yet, as I think you should draft a decent defence based on the poor particulars and then consider your options after that. You are only in the early stages of litigation so there's plenty of time to make offers of settlement.

                    I'm also going to tag Amethyst for any further comments.

                    Check out some useful guides below

                    A guide to voluntary termination
                    Seting aside a CCJ
                    Completing an N180 Form (Courtesy of Jaguarsuk)

                    - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
                    LEGAL DISCLAIMER
                    Please be aware that this is a public forum and is therefore accessible to anyone. The content I post on this forum is not intended to be legal advice nor does it establish any client-lawyer type relationship between you and me. Some of the content I post may include example wording, letters, or other similar responses but they are intended purely for informational and educational purposes. Using some or all of the content I post may fail to meet your needs that is specific to your situation. Therefore any use of my content is at your own risk and I cannot be held responsible in any way. It is always recommended that you seek independent legal advice and you can do this through the Law Society's Find a Solicitor database, by contacting your local Citizen's Advice Bureau or legal advice centres such as LawWorks. You may also be able to seek legal advice from your local university who may run a free (but limited) legal advice clinic to members of the public.

                    Comment


                    • #11
                      rob
                      Amethyst

                      I stopped making Direct debit payment on 04/2018,but still keep paying what i can afford £20 or £10 every months till 06/2019.

                      I have done CCA & SAR on yesterday.
                      Should i still need sending CPR31.14 request now?if yes, what documents will be requesting for? or CCA & SAR should be enough now?

                      1.I had sent the CCA request to Claimant with £1 cheque & copy to the solicitors address for their information by first class sign for on 23/10/2019.

                      2.I had send subject access request Email to Creation on 23/10/2019.

                      Please supply the data about me that I am entitled to under data protection law relating to myself.
                      1. Full copies of all contracts which you believe exist or have existed between myself and your organisation, including true copies of any documents you hold in support of the same.
                      2. A complete list of all transactions or statements relating to ALL of my Accounts with your organisation.
                      3. Copies of all documents which include any of my personal information including copies of any contacts or invoices, emails or computer records containing my personal information, or any records which pertain to this information.
                      4. Full copies or transcripts of any correspondence in postal, email or any other format which you have entered into with any individual, organization or third party which contains my personal or financial, or which pertains to me.
                      5. Where any previous information or records held have been deleted or disposed of, the methods used to do so, including dates, certificates or references confirming details of destruction. Where you are unable to provide such certificates, please provide a declaration, signed by an authorised officer of your company, confirming the dates and methods of destruction of this data.
                      6. Full hard copy print outs of my personal or financial information, held in a digital, magnetic or any other format which is held in any archives, backups or other storage devices / locations.
                      7. Underwriting sheet or other such document recording any commission (or other) payment made to an intermediary or packager, and/or payment/commission from the insurer in relation to my account.
                      3.Could you advise the next steps i should take,also should i respond to the claim & submit defence ASAP or wait to last minutes.

                      Many thanks your time again

                      Comment


                      • #12
                        S
                        u
                        m
                        m
                        a
                        r
                        y

                        j
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                        g
                        m
                        e
                        n
                        t

                        I work for Wannops LLP . I give my free time available to helping other on the forum and would be happy to try and assist informally where needed. Any posts I make on LegalBeagles are for information and discussion purposes only and shouldn't be seen as legal advice. Any advice I provide is without liability.

                        If you need to contact me please email me on Ptilley@wannops.com . My firms initial advice is always free.

                        I have been involved in leading consumer credit and data protection cases including Harrison v Link Financial Limited (High Court), Grace v Blackhorse (Court of Appeal) and also Kotecha v Phoenix Recoveries (Court of Appeal) along with a number of other reported cases and often blog about all things consumer law orientated.

                        You can also follow my blog on consumer credit here.

                        Comment


                        • #13
                          those particulars of claim are simply non compliant. They fail the basic test by Goode at 46.48, they are woefully deficient and should be struck out
                          I work for Wannops LLP . I give my free time available to helping other on the forum and would be happy to try and assist informally where needed. Any posts I make on LegalBeagles are for information and discussion purposes only and shouldn't be seen as legal advice. Any advice I provide is without liability.

                          If you need to contact me please email me on Ptilley@wannops.com . My firms initial advice is always free.

                          I have been involved in leading consumer credit and data protection cases including Harrison v Link Financial Limited (High Court), Grace v Blackhorse (Court of Appeal) and also Kotecha v Phoenix Recoveries (Court of Appeal) along with a number of other reported cases and often blog about all things consumer law orientated.

                          You can also follow my blog on consumer credit here.

                          Comment


                          • #14
                            Originally posted by pt2537 View Post
                            those particulars of claim are simply non compliant. They fail the basic test by Goode at 46.48, they are woefully deficient and should be struck out
                            pt2537

                            rob

                            Could you advise the next steps i should take,also should i respond to the claim & submit defence ASAP or wait until the last minutes.
                            I have done CCA & SAR request on 23/10/2019.
                            Should i still need sending CPR31.14 request now?if yes, what documents will be requesting for? or CCA & SAR should be enough now?
                            Thanks Again.

                            Comment


                            • #15
                              Im sorry but those pleadings are simply dire. They mention nothing, there is simply no mention of anything to establish a cause of action. If i were advising a client i would advise that a summary judgment application should immediately be drafted by me and that we should proceed with the application on the basis the claim is hopeless and non compliant with the basic rules under CPR 16, and falls foul of Doyle.

                              If you file a summary judgment application before the deadline for your defence, the claimant cannot obtain summary judgment and you dont have to file a Defence.

                              This claim is sick, it needs putting down.
                              I work for Wannops LLP . I give my free time available to helping other on the forum and would be happy to try and assist informally where needed. Any posts I make on LegalBeagles are for information and discussion purposes only and shouldn't be seen as legal advice. Any advice I provide is without liability.

                              If you need to contact me please email me on Ptilley@wannops.com . My firms initial advice is always free.

                              I have been involved in leading consumer credit and data protection cases including Harrison v Link Financial Limited (High Court), Grace v Blackhorse (Court of Appeal) and also Kotecha v Phoenix Recoveries (Court of Appeal) along with a number of other reported cases and often blog about all things consumer law orientated.

                              You can also follow my blog on consumer credit here.

                              Comment

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                              SHORTCUTS

                              Pre-Action Letters
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                              Check dates
                              Income/Expenditure
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                              CCA Request
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                              Subject Access Request Letter
                              Example Defence
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                              Witness Statements
                              Directions Questionnaire



                              If you received a court claim and would like some help and support dealing with it, please read the first steps and make a new thread in the forum with as much information as you can.


                              NOTE: If you receive a court claim note these dates in your calendar ...
                              Acknowledge Claim - within 14 days from Service

                              Defend Claim - within 28 days from Service (IF you acknowledged in time)

                              If you fail to Acknowledge the claim you may have a default judgment awarded against you, likewise, if you fail to enter your defence within 28 days from Service.




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                              If your case is over £10,000 or particularly complex it may be worth a chat with a solicitor, often they will be able to help on a fixed fee or CFA (no win, no fee) basis.
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