CL Finance taking me to court over loan (ex-HSBC) which has PPI- how to defend?

[zhanzhibar]

Re: CL Finance taking me to court over loan (ex-HSBC) which has PPI- how to defend?

I hope this is not too late.I am hoping to post this tomorrow & so amn trying to fill in this N244 but now I am not sure. Help! What do I put in

(3) what order are you asking the court and why?
[What do I write here? should this be an unless order or a strike off order?]

(4) Have you attached a draft of the order you are applying for?
[this will be a yes I take it]

(5) How do you want to have this application to be dealt with?
[at a hearing](?)

(6)How long do you think the hearing will last?
[30 min]?

(9) Who should be served with this application?
[?]

(10) What information will you be relying on, in support of your application ?
Help!

[zhanzhibar]

Re: CL Finance taking me to court over loan (ex-HSBC) which has PPI- how to defend?

I'm confused, You had until 11th July and agreed an extension of 28 days and now only have until 31st ?

Ok, they are already late for the 31.14 request.

If we work on the premise that 31st is correct then you really don't have time to give them an extra few days.

You should make an application to the court to compel disclosure or the claim is struck out.

Please read the guide attached and use the unless order on it but make sure you opt FOR a hearing. You need to do this as a priority.

M1

Yes they are 1 week late for the CPR31.14 & I am now very late applying for this N244. Time is unfortunately not something i have at the mo (when you have 2 youngs ones & a FT job) and I have to find snippets of it to do this.I have just now re-read the guide again. I don't think I can put in box (3) unless within 14 days for the Claimant to comply because I don't have extra 14days. So what should I put then?

[pt2537]

Re: CL Finance taking me to court over loan (ex-HSBC) which has PPI- how to defend?

I hope this is not too late.I am hoping to post this tomorrow & so amn trying to fill in this N244 but now I am not sure. Help! What do I put in

(3) what order are you asking the court and why?
[What do I write here? should this be an unless order or a strike off order?]

(4) Have you attached a draft of the order you are applying for?
[this will be a yes I take it]

(5) How do you want to have this application to be dealt with?
[at a hearing](?)

(6)How long do you think the hearing will last?
[30 min]?

(9) Who should be served with this application?
[?]

(10) What information will you be relying on, in support of your application ?
Help!

(3) An order (a draft of which is attached) that the Claimant do provide the Defendant with documents mentioned within the statement of case pursuant to CPR Rule 31.14 and that the Defendant thereafter do have leave to file a Defence.

The Defendant also seeks the costs of the application.

(4) you will need a draft
(5) at hearing
(6) 45 mins
(9) Claimant
(10) I always file a witness statement in support rather than writing in the section 10 part. An application MUST be supported by evidence, so you must set out the facts of what has happened in either a wit statement or in the s10 box.

[zhanzhibar]

Re: CL Finance taking me to court over loan (ex-HSBC) which has PPI- how to defend?

Hi all

In the XXXX County Court
Claim number: XXXX


Between
CL Finance Limited - Claimant

and

zhanzhibar - Defendant


Draft Order for Directions

The Claimant shall within 14 days of service of this order send to the Defendant and to the Court:

• Copies of the Credit Agreement and any documents referred to within it which complies with the consumer Credit Act 1974 and all subsequent regulations, which the claimant seeks to rely upon
• Default Notice compliant with s87 (1) Consumer Credit Act 1974 and Consumer Credit (Enforcement, Default and Termination Notices) Regulations 1983 (SI 1983/1561) as amended
• Copies of any statement or other document relied upon
• Document, contract or deed of assignment
• Notice of assignment, with proof of service of the same compliant with s196 of the Law of Property Act 1925.

If the Claimant fails to comply with this order, the claim will be struck out without further order.

The Defendant shall within 14 days thereafter file and serve the following

• An amended defence sufficiently particularised in response to the documents supplied by the claimant

If the Defendant fails to comply with this order, the Defence will be struck out without further order.

Is this how my draft should look like? Thing is I don't have 14 days to give them as 31st July is already an extended agreed date for filing defense. What is the relevant of 14 days?

If I put 14 days in the draft order & that means go beyond filing date, what's the repercussion?

Also should I put breakdown of the amount requested as part of the bullet points?

[mystery1]

Re: CL Finance taking me to court over loan (ex-HSBC) which has PPI- how to defend?

Once the court gets your application the case is on hold until that application has been dealt with. There will then be new deadlines put in place. The court should not accept any default judgement application from the claimant whilst there is another application on the table.

M1

[zhanzhibar]

Re: CL Finance taking me to court over loan (ex-HSBC) which has PPI- how to defend?

Oh Ok. So as it is above, I can put this draft in as my draft of order for my N244 then? Or should I also include in that bullet point a request of breakdown of amounts that made up the sum being claimed?

[mystery1]

Re: CL Finance taking me to court over loan (ex-HSBC) which has PPI- how to defend?

At this stage i wouldn't ask for anything that complies with anything. There are no prescribed forms or terms for a 31.14 request.

They mention an agreement you ask for the same. The form and content has no relevance as far as 31.14 is concerned. Obviously if what they give you lacks prescribed terms etc then that is good but not for your unless order. It's great for the trial as they're then in trouble.

They only relevance to the 31.14 request and your order is Did they mention it ? Did you ask for it ? Did you get it ?

Doesn't matter if it's dog$hit (until later).

M1

[pt2537]

Re: CL Finance taking me to court over loan (ex-HSBC) which has PPI- how to defend?

At this stage i wouldn't ask for anything that complies with anything. There are no prescribed forms or terms for a 31.14 request.

They mention an agreement you ask for the same. The form and content has no relevance as far as 31.14 is concerned. Obviously if what they give you lacks prescribed terms etc then that is good but not for your unless order. It's great for the trial as they're then in trouble.

They only relevance to the 31.14 request and your order is Did they mention it ? Did you ask for it ? Did you get it ?

Doesn't matter if it's dog$hit (until later).

M1

Indeed, i wouldnt specify what they must provide, in terms of compliance with ...... etc, 31.14 is for documents mentioned in a statement of case, so they produce what they rely on and you pull it apart and plead a defence on what htey have provided

[zhanzhibar]

Re: CL Finance taking me to court over loan (ex-HSBC) which has PPI- how to defend?

Thanks for the advice both. I am not going to be able to post this today as I am yet to do a witness statement now. Am going to do it tonight & post it 1st thing tomorrow for next day delivery (more costs!) Incidentally, how do you pay this £75? Do i send a cheque with my N244?

[mystery1]

Re: CL Finance taking me to court over loan (ex-HSBC) which has PPI- how to defend?

I think it's £80 and you can send cheque or phone the court and pay over the phone (i think).

M1

[MIKE770]

Re: CL Finance taking me to court over loan (ex-HSBC) which has PPI- how to defend?

£80.00 these days is what I paid.

[zhanzhibar]

Re: CL Finance taking me to court over loan (ex-HSBC) which has PPI- how to defend?

£80 it is then (even more costs!). Thanks for letting me know.

So my draft order is sorted. On my witness statement, I guess what i need to do is tell the court when I request the extended period and when I send the CPR 31.14, copy of the letter and evidence of it being delivered i.e copy of tracking from royal mail and so informedthe court of their non-compliance untill today right?

[pt2537]

Re: CL Finance taking me to court over loan (ex-HSBC) which has PPI- how to defend?

I always like to quote the following in my statements for disclosure

1. I refer to the ruling of Rix LJ in Expandable v Rubin [2008] EWCA Civ 59 (at paragraph 24)
   
   The general ethos of the CPR is for a more cards on the table approach to litigation. If a party thinks it worthwhile to mention a document in his pleadings, witness statements or affidavits, I do not see why, subject as I say to the question of privilege, the court should put difficulties in the way of inspection. I look upon the mention of a document in pleadings etc as a form of disclosure. The document in question has not been disclosed by list, or at any rate not yet, but it has been disclosed by mention in what, for the purposes of litigation, is another important and formal category of documents. If so, then the party deploying that document by its mention should in principle be prepared to be required to permit its inspection, and the other party should be entitled to its inspection.

[zhanzhibar]

Re: CL Finance taking me to court over loan (ex-HSBC) which has PPI- how to defend?

Hi all,

Here is my witness statement. will this do?

23^rd July 2012

In the Northampton (CCBC) County Court
Claim Number: XXXX

Between:
CL Finance Limited (Claimant)

-And-

zhanzhibar (Defendant)

_________________________

WITNESS STATEMENT OF

zhanzhibar
_________________________


1. I zhanzhibar of xxxxx being the Defendant, am a litigant in person in this case.

2. I make this Witness Statement in support of my application for an order (draft of which attached) that the Claimant do provide me with documents mentioned within the statement of case pursuant to CPR 31.14.

3. On 4^th July 2012, following Claimant’s agreement to extend filing date till 31^st July (Exhibit 1), I have send to Claimant’s legal representative Howard Cohen & Co Solicitors requesting, under CPR 31.14, all documents mentioned in the particulars of claim (Exhibit 2)

4. The request was sent via next day delivery (Exhibit 3) and it was delivered to the legal representative office in Cleckheaton on 5^th July 2012. (Exhibit 4)

5. Till this day, the Claimant and their legal representative have so far ignored this request and no communication as regards to the reason for the delay nor a date given as to when I should be expecting to receive the relevant documents.

6.The Claimant and their representative have shown clear disregard of CPR31.15 which clearly stated that;

Where a party has a right to inspect a document –
(a) that party must give the party who disclosed the document written notice of his wish to inspect it;
(b) the party who disclosed the document must permit inspection not more than 7 days after the date on which he received the notice; and
(c) that party may request a copy of the document and, if he also undertakes to pay reasonable copying costs, the party who disclosed the document must supply him with a copy not more than 7 days after the date on which he received the request.

7. I also refer to the ruling of Rix LJ in Expandable v Rubin [2008] EWCA Civ 59 (at paragraph 24)
“The general ethos of the CPR is for a more cards on the table approach to litigation. If a party thinks it worthwhile to mention a document in his pleadings, witness statements or affidavits, I do not see why, subject as I say to the question of privilege, the court should put difficulties in the way of inspection. I look upon the mention of a document in pleadings etc as a form of disclosure. The document in question has not been disclosed by list, or at any rate not yet, but it has been disclosed by mention in what, for the purposes of litigation, is another important and formal category of documents. If so, then the party deploying that document by its mention should in principle be prepared to be required to permit its inspection, and the other party should be entitled to its inspection.”

8. Suffice to say that without the availability of relevant documents as stated in the particulars of claim for my inspection, I will therefore unable to defend the claim brought against me by the Claimant.

9.Statement of Truth:

I, zhanzhibar, the Defendant, believe the facts stated within this Witness Statement to be true.

Signed:

Dated:

What do you all think? Should I add some more things somewhere?

[MIKE770]

Re: CL Finance taking me to court over loan (ex-HSBC) which has PPI- how to defend?

Hi all,

Here is my witness statement. will this do?

What do you all think? Should I add some more things somewhere?

para 3 change "Send" to read "Sent"