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Hi, I hope someone will be able to give me some more help here please. My original post was Robinson Way (Ex Cap 1)
Following my letter to RW to refute the validity of the sent docs as being a copy of the ‘Agreement’ RW have pressed on and issued a Court Claim through solicitors Horwich Farrelly. I intend to defend the claim and hope I can get a bit of support. My AoS needs to be in by 7 Nov.
The full poc from the Court Claim is as follows:
“THE CLAIMANT CLAIMS OUTSTANDING MONIES DUE AND PAYABLE BY THE DEFENDANT UNDER A CREDIT AGREEMENT WHEREBY THE DEFENDANT AGREED TO REPAY WITH INTEREST THE VALUE OF THE CREDIT OBTAINED.
AND THE CLAIMANT CLAIMS
1. THE SUM OF xxxx.xx
2. INTEREST PURSUANT TO S69 OF THE COUNTY COURT ACT 1984 AT THE RATE OF 8% FROM 5/08/07 TO DATE HEREOF 1167 DAYS IS THE SUM OF xxx.xx
3. FUTURE INTEREST ACCRUING AT THE RATE OF .xxp
4. COSTS”
The court fee is 85.00, the solicitors costs 80.00 and the total sum claimed is just below 5000.00.
It seems to me that it’s rather half hearted and from previous threads, doesn’t appear to contain all the info it needs to. A copy of the agreement upon which they are relying was not attached (of course).
Regarding the claim for interest, I have a Statement of Default issued by Cap One 28 days after the DN which states “We have terminated your account”. Cap One had previously agreed that interest would no longer be applied to the account. I have no agreement with Robinson Way at all, let alone one to pay them interest, so could they get away with this if I did lose this claim? The claim for interest is from date of assignment.
I have read the threads by cjo and Disgusted and it seems Curlyben’s ‘embarrassed’ defence would suit my case.
Do you agree that I should send Horwich Farrelly a CPR 31.14 request in the meantime? I understand that I can only request a copy of the agreement as this is the only document relied on in the poc.
Do they not have to prove entitlement, for example with the Deed of Assignment?
In my original s77-79 request I asked for a copy of the Agreement and a copy of the Deed of Assignment. They never did send the latter and it remains outstanding. I never requested a copy of the DN, and they sent me a Statement of Account voluntarily.
I would appreciate some advice on whether I should proceed with the embarrassed defence when the time comes, whether it should be modified in anyway to suit my circumstances, and whether I should send the CPR 31.14 request in the meantime?
Thanks.
Following my letter to RW to refute the validity of the sent docs as being a copy of the ‘Agreement’ RW have pressed on and issued a Court Claim through solicitors Horwich Farrelly. I intend to defend the claim and hope I can get a bit of support. My AoS needs to be in by 7 Nov.
The full poc from the Court Claim is as follows:
“THE CLAIMANT CLAIMS OUTSTANDING MONIES DUE AND PAYABLE BY THE DEFENDANT UNDER A CREDIT AGREEMENT WHEREBY THE DEFENDANT AGREED TO REPAY WITH INTEREST THE VALUE OF THE CREDIT OBTAINED.
AND THE CLAIMANT CLAIMS
1. THE SUM OF xxxx.xx
2. INTEREST PURSUANT TO S69 OF THE COUNTY COURT ACT 1984 AT THE RATE OF 8% FROM 5/08/07 TO DATE HEREOF 1167 DAYS IS THE SUM OF xxx.xx
3. FUTURE INTEREST ACCRUING AT THE RATE OF .xxp
4. COSTS”
The court fee is 85.00, the solicitors costs 80.00 and the total sum claimed is just below 5000.00.
It seems to me that it’s rather half hearted and from previous threads, doesn’t appear to contain all the info it needs to. A copy of the agreement upon which they are relying was not attached (of course).
Regarding the claim for interest, I have a Statement of Default issued by Cap One 28 days after the DN which states “We have terminated your account”. Cap One had previously agreed that interest would no longer be applied to the account. I have no agreement with Robinson Way at all, let alone one to pay them interest, so could they get away with this if I did lose this claim? The claim for interest is from date of assignment.
I have read the threads by cjo and Disgusted and it seems Curlyben’s ‘embarrassed’ defence would suit my case.
Do you agree that I should send Horwich Farrelly a CPR 31.14 request in the meantime? I understand that I can only request a copy of the agreement as this is the only document relied on in the poc.
Do they not have to prove entitlement, for example with the Deed of Assignment?
In my original s77-79 request I asked for a copy of the Agreement and a copy of the Deed of Assignment. They never did send the latter and it remains outstanding. I never requested a copy of the DN, and they sent me a Statement of Account voluntarily.
I would appreciate some advice on whether I should proceed with the embarrassed defence when the time comes, whether it should be modified in anyway to suit my circumstances, and whether I should send the CPR 31.14 request in the meantime?
Thanks.
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