CLAIM STRUCK OUT !!!! Need help with a court claim please

[mysticphoenix666]

Re: Need help with a court claim please

Hi,

well they only have another 12 days to reply to my defence before the court stays the claim.

what will happen if they do not respond and it gets stayed as the court clerk said when i phoned that they have to pay a fee and apply to have it lifted (which i can't see them doing or they would just of replied)

[FlamingParrot]

Re: Need help with a court claim please

Thanks PT,

I received a letter from the court today stating as much, the claimant has 28 days from date they receive it to let the court know if they wish to proceed or it gets stayed.

So what does it mean if it gets stayed?

Stayed means proceedings are halted for a period of time, sometimes indefinitely.

[mysticphoenix666]

Re: Need help with a court claim please

The Court should serve a copy of the Defence on the Claimant.

Thanks PT,

I received a letter from the court today stating as much, the claimant has 28 days from date they receive it to let the court know if they wish to proceed or it gets stayed.

So what does it mean if it gets stayed?

[pt2537]

Re: Need help with a court claim please

Do i need to send my defence and supporting doc's to the claimant?

The Court should serve a copy of the Defence on the Claimant.

[mysticphoenix666]

Re: Need help with a court claim please

Do i need to send my defence and supporting doc's to the claimant?

[mysticphoenix666]

Re: Need help with a court claim please

how did you get 25mb?

The size is only 2mb that the Court allows if i recall.

if you send via normal email which the lady told me to it only allows you to send upto 25mb

am i supposed to send the same stuff to the claimant?

[pt2537]

Re: Need help with a court claim please

Well i sent my stuff to court saturday and got a reply this morning to say they could not view my files so i resent it to be told they could not download from an external service.

I have just resent 3 emails as for some reason you can only send a max of 25mb of data which is ridiculous. so i am hoping that they get these and can view them otherwise i am out of ideas.

how did you get 25mb?

The size is only 2mb that the Court allows if i recall.

[mysticphoenix666]

Re: Need help with a court claim please

Well i sent my stuff to court saturday and got a reply this morning to say they could not view my files so i resent it to be told they could not download from an external service.

I have just resent 3 emails as for some reason you can only send a max of 25mb of data which is ridiculous. so i am hoping that they get these and can view them otherwise i am out of ideas.

[mystery1]

Re: Need help with a court claim please

I think so.

Also add in to your defence that no default notice pursuant to Consumer credit act 1974 s 87 was served.

M1

[mysticphoenix666]

Re: Need help with a court claim please

Is there anyone online to answer my few questions before i send my email as i am out of time

thanks

[mysticphoenix666]

Re: Need help with a court claim please

this is what i was going to put in the email would it be sufficient?

To whom it may concern;


Please find attached to this email all the relevant documents required for the defence of Claim Number.


Enclosed as attachments to this email are the following documents:

Defence

Witness Statement

All supporting documents sorted into exhibits as set out in my witness statement

Income and Expenditure Form

List of Creditors

[mysticphoenix666]

Re: Need help with a court claim please

I have all my doc's ready to go but i am not sure if i need anything in my defence regarding the fact that i have never received a default notice.

I also am not sure where to email it, do i email it mcol@hmcts.gsi.gov.uk or ccbcdefendants@hmcts.gsi.gov.uk?

Do i need to use the actual defence form in my claim pack?

[mysticphoenix666]

Re: Need help with a court claim please

Thank you so much Amethyst.

I hope everything gets better for your parents its a terrible thing to happen at christmas.

I do believe PT said he was in wales today with his parents so was unable to help, thank you for your help though it is much appreciated.

I never wanted to get away with not paying the loan it was how i was treated and the way they went about it that i had a problem with and the refusal to help when asked.

Obviously now my situation is no longer the same as it was when i took the loan out so i wouldn't be able to make the repayments at the rate agreed originally but when my finances improve if i did have to repay then i would pay as much as i could.

So do you think if i just send the defense you have posted above that it should be enough as there is a lot of detail in my witness statement?

[Amethyst]

Re: Need help with a court claim please

Here's a start....I'm so sorry I have had to deal with insurance company at my parents property today (all the electrics and pipework for the heating system was ripped out by the robbing scroats so the house is in a state and we've been installing the drying equipment) and on top of that am having a nightmare of a time trying to concentrate with over excited children about the house.

With an unfair relationship claim it could have the effect of reopening the agreement from the beginning, which I get the feeling isn't what you want. The other thing you can do is make an offer to pay direct to MKDP.

The courts have a wide range of powers where a credit relationship is found to be unfair, including:

• altering the terms of the credit agreement or a related agreement
• reducing the amount payable by the borrower
• requiring the lender to refund money to the borrower
• removing any duty placed on the borrower under the agreement, and
• imposing requirements on the lender or an associate.

Have a read http://www.oft.gov.uk/about-the-oft/.../#.Ur20ZrSPM7w too.

PT is really is the best person to help deal with a unfair relationship claim as it is a bit beyond me but I recognise you need to get something in to the court and so long as it outlines the main points I think that something simple will serve to keep the claim going for now, I think that if you allege unfair relationship it does put the onus on the claimants to refute the claim. There is a weirdness I'm not au fait with in the CPR regarding Unfair Relationship claims too (under the Consumer Credit Agreement claims section)




---------------------------------------------------------------------------------------------------------------------------------------------------------------------------


IN THE NORTHAMPTON (CCMCC) COUNTY COURT

Claim No. XXXXXX

BETWEEN:-

MKDP

-and-

MYSTICPHOENIX

----------------------------------------------

DEFENCE
-----------------------------------------

1. Save for allegations which are expressly admitted or not admitted, each and every allegation in the Particulars of Claim is denied.
2. The Defendant is MysticPhoenix of xxxxxxxxxxx address xxxxxxxxxxxxxxxxxx, a customer of HSBC Bank Plc.
3. The Defendant holds a current account at HSBC Bank opened in or around 1985 (when known as Midland Bank)
4. The Defendant applied for a fixed sum loan with HSBC Bank in XXX 2007 for the sum of £8500, repayable over 60 months. The Defendants loan account number was XXXXXXXX
5. Payment Protection Insurance (“PPI”) premium of £2050 was added to the loan. The Defendant contends that the Payment Protection Insurance policy was missold.
6. The Agreement did not contain any terms requiring the instalment payments to be made from a specific banking account or payment to be made by a specific method. However HSBC refused to allow payments to be made by any alternative method to a Direct Debit from the Defendants HSBC Current Account and this forced the loan to go unpaid for a number of months (further detailed in Witness Statement Exhibit A)
7. On XXXXXXXXXXXX The Financial Ombudsman upheld a complaint made by the Defendant and requested HSBC cancel the direct debit on the Defendants HSBC current account and a new direct debit was set up to take the loan payments from the Defendants alternative account held at Barclays Bank Plc.
8. The loan was paid via Direct Debit from the Defendants Barclays Bank Plc current account for X months, however during that time the Defendant received a number of letters requesting payment ..............................
9. On xxxxxxxxxxx HSBC reverted the Direct Debit to the Defendants HSBC current account without giving any notification to the Defendant. Payments subsequently were returned unpaid.
10. The Defendant alleges there was an unfair relationship by virtue of section 140a of the Consumer Credit Act 1974.

I believe that the facts stated in this defence are true

Signed ________________________ Dated --------------------------
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[mysticphoenix666]

Re: Need help with a court claim please

You'll be able to submit by email on Monday morning so have the weekend to get sorted xx

The lady i spoke to at the bulk center said as long as my email was there by the 28th it would be okay as the date stamp would show it was submitted before my deadline but they would not see it till they re-opened monday and as it was a weekend they would allow till the monday (i thought she meant that they would need it by the 28th but due to all other claims etc being sent over the weekend they gave till the monday so they had time to go through them)