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

[pt2537]

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.

CPR request is difficult, what documents could you ask for? there arent any mentioned and you can only ask for docs mentioned in the claim. This claim is an utter abuse of process, it must be struck out, you cannot defend such a claim on a basic common sense level as you cannot even establish what their claim is. Which term of the contract are you alleged to have breached? Is the claim even breach ? Who knows, its a pigs breakfast.

The CCA request, at this stage if you did apply for summary judgment id say no. Because they will say ahhhhh you must know what the claim is about becase you asked for the agreement. if you arent going for judgment then yes make t he CCA request but in my view you are missing an opportunity a big one at that if you dont go for summary judfgment

[cho11]

pt2537
For apply summary judgment application in my case: Do i need Solicitor to proceed the application for me,is fee would be £255?
Can claimant amend Particulars of claim after proceed summary judgment application?
Can they just start it all over again with a new claim?

OH,no,is too late, i send out CCA &SAR on 23/10/2019.

Thanks again.

[pt2537]

pt2537
For apply summary judgment application in my case: Do i need Solicitor to proceed the application for me,is fee would be £255?
Can claimant amend Particulars of claim after proceed summary judgment application?
Can they just start it all over again with a new claim?

OH,no,is too late, i send out CCA &SAR on 23/10/2019.

Thanks again.

Hi there

ITs not too late to send the CCA and SAR, however as i have commented above it depends on the approach you want to take.

Getting legal advice may be beneficial, afterall with any litigation if you get it wrong it can be costly, however i really do think a summary judgment application would be the best way forward here.

Can they start a new claim? In theory yes, its unlikely they would though given the mess theyve made already.

Can they amend? Well technically yes but they need the courts permission, if they apply then the court is likely to order them to pay your costs.

[cho11]

Hi there

ITs not too late to send the CCA and SAR, however as i have commented above it depends on the approach you want to take.

Getting legal advice may be beneficial, afterall with any litigation if you get it wrong it can be costly, however i really do think a summary judgment application would be the best way forward here.

Can they start a new claim? In theory yes, its unlikely they would though given the mess theyve made already.

Can they amend? Well technically yes but they need the courts permission, if they apply then the court is likely to order them to pay your costs.

pt2537 Can you point me right direction to the procedure for summary judgment application,i don't want to take any wrong steps.
Is better pm you or email you for more advice,please.

[R0b]

A summary judgment application requires 3 things: N244 form, witness statement and a draft order. You are correct it comes at a cost of £255 and as PT has said, the Civil Procedure Rules say that if you file the application before the time required to file a defence, you do not need to file a defence until after the application has been heard.

If you want some proper assistance and a chance of getting this struck out. I would recommend you contact PT and see what he can offer you in terms of legal representation and at what price; he's dealt with a few of these recently where the particulars of claim are poor and managed to have them dismissed.

Your N244 application is self explanatory and in question 3, you would say something along the lines of, 'The Defendant seeks an order that summary judgment be granted pursuant to CPR Part 24 because the Claimant has no real prospect of success and there is no other reason why the claim should be disposed of at trial.'

Your witness statement would set out the factual background to the agreement, when it was entered into etc. and then you would then go on to explain why summary judgment should be granted. The reasons are because the particulars of claim are poor, non-compliant with CPR16 and most importantly, fails to identify a default notice which, according to the Court of Appeal in PRA v Doyle, the default notice is fundamental to bringing a claim for outstanding sums and that a failure is non compliance is an unanswerable strike out.

Otherwise if you don't want to go for summary judgment then you need to file a defence, based along the same lines of argument: no default notice, wrongful termination etc.

[cho11]

R0b
pt2537

Update:
I have received my subject access request today.
Anything I Need to Know/look About in SAR?

upload some document in here:

https://drive.google.com/open?id=1Az...2SvS4QAbI37CiR

They send me Credit card agreement between Sygma Bank UK, (creation) & me
But The claimant is Creation Financial Service. Is that alright?

on bank statement before 07/2015 is shown Your account card is with SYGMA Bank UK but
after 08/15 is shown your account is issued by Creation Financial Serivce Limited.

I can't find any information they have send me Default Notice/Notice of Assignment/
contract had been terminated.

but I can see they mention account close on 23/05/18 & told customer account has been closed on 28/05/18.
First Defaulted date:05 Feb 2019 show in my credit report.

I think apply summary judgment application requires the costs is too high in my case (£225 plus legal advice costs) also it would not stop the case in future (the claimant may start the new claim again me).

Am i in good position to defend my claim? or thinking settlement now?



Any help would be appreciated

[cho11]

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.



1.The Defendant received the claim [Claim Number] from the Northampton County Court on 07/10/2019.
2.Each and every allegation in the Claimants statement of case is denied unless specifically admitted in this Defence.
3.This claim appears to be for a Credit Card agreement regulated under the Consumer Credit Act 1974.
4.It is admitted that the Defendant has previously entered into an agreement with Creation Financial Service for provision of credit.
5.The Claimants statement of case is vague and the Defendant is unable to fully plead without further information and documentation.
6.The Claimant’s Particulars of Claim fail to state when the agreement was entered into,there is no reference to a default notice being served,whether the contract had been terminated. They fail to state what the required payments were or what the sum claimed is for or how it has been calculated.
7.The Claimant’s particulars of claim are poor, non-compliant with CPR16 and most importantly, fails to identify a default notice which, according to the Court of Appeal in PRA v Doyle, the default notice is fundamental to bringing a claim for outstanding sums and that a failure is non compliance is an unanswerable strike out.
8.It is denied that Creation Financial Service served any Default notice on the Defendant pursuant to s87 Consumer Credit Act 1974. The Claimant is required to prove that a compliant Default Notice was served upon the Defendant. The Claimant is required to prove that the any Default notice relied upon complied with the requirements of s88(4A) Consumer Credit Act 1974 and that the notice was in the prescribed form as required by The Consumer Credit Enforcement Default and Termination Notice Regulations 1983.
9.Under Civil Procedure Rule 16.5 (4) Where the claim includes a money claim, a defendant shall be taken to require that any allegation relating to the amount of money claimed be proved unless he expressly admits the allegation. Therefore, it is expected that the Claimant be required to prove the allegation that the money is owed as claimed.
10.The Defendant respectfully requests the court orders the Claimants to provide the necessary documentation in order for The Defendant to fully plead his case else the Claim should stand struck out.
11.In the event that the relevant documents are received from the Claimant, the Defendant will then be in a position to amend his defence, and would ask that the Claimants bear the costs of the amendment.
12.It is denied that the Claimant is entitled to the relief as claimed or at all.

Statement of Truth

The Defendant believes that the facts stated in this Defence are true.

3&4: Particulars of claim: Mention account only,should i put account /agreement?
4&8:They send me Credit card agreement between Sygma Bank UK, (creation) & me
But The claimant is Creation Financial Service.
keep 7 or not?

SAR document: https://drive.google.com/open?id=1Az...2SvS4QAbI37CiR

[Amethyst]

On the ( terrible ) POC what does the blanked out bit say ? Does that just say "Creation" or more than that ? or is it an account number?

Agreement date 7 April 2013

Agreement between ' Sygma Bank UK (Creation ) ' and you.

'We'/'our'us' definition of "Syma Bank UK (whose ultimate parent company of Cofinoga SA )"

The card is branded as Asda.

Also says " Account administration is carried out by Creation, address " No mention of Creation Financial Services Ltd at all throughout the agreement.

[cho11]

Thanks for your reply Amethyst

On the ( terrible ) POC what does the blanked out bit say ? Does that just say "Creation" or more than that ? or is it an account number?

is account number only.

Agreement date 7 April 2013

Agreement between ' Sygma Bank UK (Creation ) ' and you.

'We'/'our'us' definition of "Syma Bank UK (whose ultimate parent company of Cofinoga SA )"

The card is branded as Asda.

Also says " Account administration is carried out by Creation, address " No mention of Creation Financial Services Ltd at all throughout the agreement.

I only found 1 page have mention " Creation Financial Service Ltd" in whole agreement.

I feel totally stuck in this case, I have no clue how to draft a defence based on the poor Particulars,& the legal advice cost is too high for me to apply summary judgment application of getting this struck out.

[cho11]

can any have a look my defence and help amend it for me to be 100% correct and best as possible,please. I have about 5 days left now.

Thanks in advance for you help.

[cho11]

I'm so sorry to ask again but could i please get some help to draft my defence,please.

Any help and advise would be greatly appreciated please.

Amethyst

[Amethyst]

Looking at it now for you xx

[cho11]

Looking at it now for you xx

Thanks Amethyst
Thanks so much for your time.

[Amethyst]

Will need numbering and dates etc putting in... but think its a bit more focused on the crap pleadings xxx You might want to add a little more ( the PRA v Doyle bit ) on the default notice part.


IN THE NORTHAMPTON COUNTY COURT (CCBC) CASE No: xxxxxx
BETWEEN:
Creation Financial Services Limited
CLAIMANT And
xxxxxxxxxxx
DEFENDANT

Defence



The Claimants claim form fails to adequately or even accurately set out the nature of the Claim.


The Defendant avers that the Claimants pleadings are an abuse of process. The Claimants pleadings are lacking detail, there are no details as to when the alleged default occurred, the degree of default, despite requests for information from the Defendant; the Claimant has not provided any details as to how the sums claimed have accrued. Accordingly the Defendants contend that the pleadings are wholly inadequate for a contested matter and that the Claimant should be required to plead its' case coherently and accurately as required by the CPR 16 and PD 16. The Defendants reserve the right to re-plead their defence should the Claimant re-plead its claim adequately. The Defendant requests the court order the Claimant to pay the cost of such amendment.


The Defendant accepts the claim was issued in the Northampton County Court bulk centre and that there are restrictions on pleading. However the bulk centre rules clearly state that if you cannot plead in the allowed number of characters then you should not use the Bulk Centre or in the alternative the Claimant was at liberty to issue and set out that particulars were to follow.


The Claimant issued this claim against the Defendant on xxxxxxxxxxx 2019


The sparse particulars of claim state that “The Defendant [D] held the accounts as listed below with the Claimant [C]. The D failed to pay the sums due to C when demanded and the sums listed below remain outstanding. Account Number xxxxxx Debt Balance £2375.18”


It is denied that the Defendant entered into an agreement with Creation Financial Services Limited or that he is indebted to Creation Financial Services Limited as claimed or at all.


Upon the Claimant clarifying matters set out in paragraphs 5 above the Defendant reserves his position to amend this Defence further. The Defendant shall seek the costs of the amendments from the Claimant due to the Claimants failure to plead its case adequately.


In respect of matters, which the Defendant is able to plead to, on the xxxxxxxxxx the Defendant made a request for information to the Claimant. The request was made pursuant to s78 (1) Consumer Credit Act 1974 to ascertain that the agreement, which the Claimant was demanding payment under and to obtain further information about the terms of the contract.


On the xxxxxxxxxxx, in response to the statutory request referred to in paragraph 7 above, the Claimant disclosed a copy of an alleged agreement which is stated to be between Sygma Bank UK (Creation) and the Defendant.


The agreement states in the definitions that “ We'/'our'us' definition of "Syma Bank UK (whose ultimate parent company of Cofinoga SA)”


The agreement also states “Other services may be provided from time to time by Creation Financial Services Limited and other associated companies” This is the only mention of the Claimant in the entire agreement and evidences that the agreement on which the Claimant intends to rely cannot have been entered into between themselves and the Defendant.


The Claimant does not plead that Sygma Bank UK have assigned the rights or responsibilities under the agreement to the Claimant. Therefore the Claimant has no cause of action.


The Claimant does not plead that the account entered into Default or was Terminated. Therefore the Claimant has no cause of action.


The alleged Agreement states that the ‘Credit Intermediary’ is ‘ASDA Stores Limited.


It appears to have been entered into in April 2013 although the agreement is dated October 2012. The Defendant does not recognise the agreement provided and the Claimant is put to strict proof.


The Defendant recognises that he held an ASDA branded credit card in the past with a credit limit attached of £950.


The Claimant is required to evidence how the sum claimed has been calculated.

It is denied that the Claimant served any Default notice on the Defendant. The Claimant is required to prove that a compliant Default Notice was served upon the Defendant.


In the premise that the disclosures and pleadings are inadequate, the Defendant is faced with difficulty in pleading further


For the avoidance of doubt the Defendant requires the Claimant to plead effectively and disclose the complete documents upon which the Claim is based. In the event the Claimant fails to re-plead, then the Defendant invites the court to issue whatever orders it deems fit including an order striking the Claim out.


The claim is denied.

[cho11]

Thanks again,I am not sure what I would do without your help.
I have just received my CCA request by Shoosmiths LLP.
Our client has responded advising that a copy of the Original Agreement is not available.
Please find attached statement provided by them.
So confused ,on SAR document they have attached agreement?

On SAR & CCA they have attached statement.
should i keep/delete this:
The Defendant recognises that he held an ASDA branded credit card in the past with a credit limit attached of £950.
The Claimant is required to evidence how the sum claimed has been calculated.


Amethyst