1St Credit/Moon Beever County Court Claim

[bluewing]

Re: 1St Credit/Moon Beever County Court Claim


I hope someone could help me tweaking these letter address to DP's Solicitor.

RE: [/SIZE]
Northampton (CCBC) Claim No. xxxxx
YOUR REF: 1STCREDITxxxxxxx
MY REQUEST: CPR 31.14

Dear Sirs,

Thank you for your email with an attachment of a copy of Notice of Assignment and Account Assignment. I would be happy to settle any financial obligation I might lawfully owe, as soon as I have the rest of the documents requested.

Moving on to the claim form as issued, I would like to bring your attention a serious flaws within your claim form which need to be addressed before continuing with any claim. As a solicitor I am sure you are fully conversant with the courts procedures including CPR and Practice Directions yet seemingly allowing claims to be issued with apparent disregard to the rules laid down by the courts.

If a litigant wishes to rely on matters set out in his claim as evidence, it must be verified by a statement of truth. I refer you to CPR Practise Direction 22 paragraph 3.10.

“3.10 A legal representative who signs a statement of truth must sign in his own name and not that of his firm or employer.”

As a solicitor like you, may sign a statement of truth confirming that his client believes in the truth of the document in question and you as a solicitor should sign in on your own name and not that of the firm like what appeared signed Moon Beever Solicitors.

The solicitor's signature should mean that he has the client's authority to sign and that he has explained to the client that he will be confirming the client's belief in the truth of the statements concerned, and that the consequences of a false statement have been explained.

I further refer you to CPR 22.2

Failure to verify a statement of case
22.2
(1) If a party fails to verify his statement of case by a statement of truth –
(a) the statement of case shall remain effective unless struck out; but
(b) the party may not rely on the statement of case as evidence of any of the matters set out in it.
(2) The court may strike out a statement of case which is not verified by a statement of truth.
(3) Any party may apply for an order under paragraph (2).

If your client wishes to continue with formal litigation through the courts in favour of adopting the more sensible approach to try and reach mutual agreement between the parties, I invite the claimant to re-plead its case pursuant to CPR 16. In addition, the statement of case to be verified by a statement of truth signed by a person with knowledge of the facts to allow the statement of case to stand as evidence.

I look forward to hearing from you shortly and in any event before the expiration of the time-frame which I mentioned on June 4, 2014, and if I do not hear from you until tomorrow which is June 6, 2014, you will leave me with no alternative but to make an application to the court to strike out the statement of case, with costs associated for such application.

[mystery1]

Re: 1St Credit/Moon Beever County Court Claim

Add in practice direction 7E http://www.justice.gov.uk/courts/pro...pd_part07e#9.1

Statement of truth
9.1 Part 22 requires any statement of case to be verified by a statement of truth. This applies to all online forms.
9.2 The statement of truth in an online statement of case must be in the form –
‘[I believe][The claimant believes] that the facts stated in this claim form are true.’; or
‘[I believe][The defendant believes] that the facts stated in this defence are true.’,
as appropriate.
9.3 Attention is drawn to –
(1) paragraph 3 of Practice Direction 22, which provides who may sign a statement of truth; and
(2) rule 32.14, which sets out the consequences of making, or causing to be made, a false statement in a document verified by a statement of truth, without an honest belief in its truth.
Back to top
Signature
10 Any provision of the CPR which requires a document to be signed by any person is satisfied by that person entering their name on an online form.

M1

[bluewing]

Re: 1St Credit/Moon Beever County Court Claim

Thank you M1, I will send by email today and see what their reactions and start filling in the n244 form. cheers

[bluewing]

Re: 1St Credit/Moon Beever County Court Claim

Hi Everyone,
The DP's solicitor is not yet responding to my last email, I am preparing now the N244 Aplication, following the http://www.legalbeagles.info/forums/...ns-Re-Egg-loan on the box filling in.

My question are:
1. Do I need to attached a Draft to Order and Witness Statement?
2. Do I still need to file my defense online?

Thanks again everyone for help.

[panther12]

Re: 1St Credit/Moon Beever County Court Claim

Hi Bluewing,
In my case I didn't bother attaching a witness statement as I thought the issues were simple and the N224 adequately explained what I was asking for. It was completed as to my post here: http://www.legalbeagles.info/forums/...104#post422104

As to the defence, although any further action should be halted pending the outcome of the application, I was a bit unsure of this but as a belt & braces approach I did submit a basic defence via mcol, also highlighting their non compliance of the statement of truth and asked for permission to amend should restons supply further info. With the application I did a cover letter just asking the court to make a note on file to prevent claimant obtaining default judgment while the application is being processed. According to mcol the defence status still reports as "Requested" so I don't think it has yet been passed on while the application & their attempts to set aside are still continuing. I expect to hear from the court in the next week or two.

[bluewing]

Re: 1St Credit/Moon Beever County Court Claim

Hi everyone,
This will be my final letter request and invitation to DP's solicitor before applying n244, please help me to tweak this letter:

11 June 2014

Northampton (CCBC) Claim No. xxxxxx
YOUR REF: xxxxx
MY REQUEST: CPR 31.14

Dear Sirs,

In connection with my email to you dated on June 5, 2004 I am waiting your response until today. However you failed to do so.
As said before:
First, I would be happy to settle any financial obligation I might lawfully owe, as soon as I have the rest of the documents requested.

Secondly, if your client wishes to continue with formal litigation through the courts in favour of adopting the more sensible approach to try and reach mutual agreement between the parties, I invite the claimant to replead its case pursuant to CPR 16. In addition, the statement of case to be verified by a statement of truth signed by a person with knowledge of the facts to allow the statement of case to stand as evidence.

If a litigant wishes to rely on matters set out in his claim as evidence, it must be verified by a statement of truth. I refer you to CPR Practise Direction 22 paragraph 3.10.

“3.10 A legal representative who signs a statement of truth must sign in his own name and not that of his firm or employer.”

As a solicitor like you, may sign a statement of truth confirming that his client believes in the truth of the document in question and you as a solicitor should sign in on your own name and not that of the firm like what appeared signed Moon Beever Solicitors.

The solicitor's signature should mean that he has the client's authority to sign and that he has explained to the client that he will be confirming the client's belief in the truth of the statements concerned, and that the consequences of a false statement have been explained.

I further refer you to CPR 22.2

Failure to verify a statement of case
22.2
(1) If a party fails to verify his statement of case by a statement of truth –
(a) the statement of case shall remain effective unless struck out; but
(b) the party may not rely on the statement of case as evidence of any of the matters set out in it.
(2) The court may strike out a statement of case which is not verified by a statement of truth.
(3) Any party may apply for an order under paragraph (2).
Statement of truth

9.1 Part 22 requires any statement of case to be verified by a statement of truth. This applies to all online forms.
9.2 The statement of truth in an online statement of case must be in the form –
‘[I believe][The claimant believes] that the facts stated in this claim form are true.’; or
‘[I believe][The defendant believes] that the facts stated in this defence are true.’,
as appropriate.
9.3 Attention is drawn to –
(1) paragraph 3 of Practice Direction 22, which provides who may sign a statement of truth; and

rule 32.14, which sets out the consequences of making, or causing to be made, a false statement in a document verified by a statement of truth, without an honest belief in its truth.
Signature

10 Any provision of the CPR which requires a document to be signed by any person is satisfied by that person entering their name on an online form.
This will be my last and final request and invitation to you.

I look forward to hearing from you shortly and in any event before the expiration of the time-frame which I mentioned last June 4, 2014, and June 5, 2014. This will be my last and final request, and an invitation to you. You will leave me with no alternative but to make an application to the court to strike out the statement of case today, with costs associated for such application.


Yours faithfully,

xxxxxxxx

As I mentioned on my previous post,
do I need to file a defense online?
do I need to make a Draft to Order and Witness Statement?
I hope could someone help shared their thought.
Many and many thanks.

[bluewing]

Re: 1St Credit/Moon Beever County Court Claim

Timeline of Bluewing vs F.Crudit as of today:
APRIL 23- Received a court claim from Northampton CCBC, Me vs F Credit, issued 17^th April
MAY 02- Disputed the claim through Moneyclaim online, Send CPR 3.14 request to both parties to comply within 7 days.
MAY 09- DP's Solicitor responded the request by mail and stated they will wait their client instruction.
MAY 12 – Send a chase email to send CPR3.14 otherwise I will apply to the court for unless order.
MAY 13- Received an email from DP's Solicitor that the DP will comply the CPR 3.14 request, and willing for an extention if I request.
MAY 14- I request an extension for 28 day until 17^th June to file my defence. Provided they will secomply with my CPR request. At the same day both parties agrees for extension to comply.
MAY 15- Send a copy by email a note that both parties agrees for an extenstion to ccbcdefendants@hmcts.gsi.gov.uk and a copy to DP's solicitor for their reference.
MAY 28- CCBC Confirmed the 28 extenstions
May 28- DP's Solicitor's send me an email of a copy of Bank Statements.
MAY 30- I send a chase email that I will apply to the court for unless order.
JUNE 02- I send an another chase email that I will apply to the court for unless order.
JUNE05- The DP's Solicitor's send me an email of a copy of Notice of Assignment which he said from the bank, and Account of Assignment from DP.
JUNE 06- I replied and questioned Why the the Statement of Truth not signed by DP's Solicitor
JUNE10- Chase the DP's Solicitor to replead the Statement of Truth.
JUNE 11- Chase again the DP's Solicitor for replead statement of truth. no response at all.
JUNE12 - Called CCBC to file an application of n244 but been told I do need to submit my defense prior applying n244.

and now I come up to draft my defense. I hope one of the Mods could assist me these draft:

1. The defendant denies that he is indebted to the claimant as alleged or at all;

2. The claimant has not served a default notice as required section 87 Consumer Credit Act 1974 [delete if incorrect];

3. The claimant has also failed to serve a copy of the original agreement, relating to the account in question, with the particulars of claim as required by CPR PD 16 para 7.3 and section 61A Consumer Credit Act 1974;

4. The defendant denies receiving a copy of the section 136 (1) Law of Property Act 1925 notice and puts the claimant to strict proof as to the existence and service of the notice and certified confirmation that the claimant has power to give good discharge pursuant to section 136 (1) (c) LPA 1925;

5. The defendant asserts that the claimant has failed to comply with the CPR by failing to sign the statement of truth on [identify the document in question];

6. The claimant has also failed to comply with a request for disclosure and inspection in accordance with CPR 31.14;

7. The defendant also gives notice pursuant to CPR PD 7B paragraph 10.2 to re-open the purported consumer credit agreement mentioned in the particulars of claim.

8. The defendant invites the Court to strike out the claim in accordance with its case management powers for the claimants failure to comply with the CPR as outlined above.

thank you again everyone.

[pt2537]

Re: 1St Credit/Moon Beever County Court Claim

The Coourt staff arent lawyers, they arent legally trained and most of all they are talking

[pt2537]

Re: 1St Credit/Moon Beever County Court Claim

The Coourt staff arent lawyers, they arent legally trained and most of all they are talking

Id also add, you do not need to lodge a Defence in summary judgment situations for example, and this is made clear by the CPR too, so the advice from the Court staff is wrong.

If you are applying to seek disclosure and extend the time for putting in your defence, why would you put in a defence then say i need more time?

[bluewing]

Re: 1St Credit/Moon Beever County Court Claim

Ia m back!, after more than a year since I submitted my defense at CCBC, I haven't recieved and any communication further from Moon Beever and 1st crudit execpt an annual statement balance from 1st crudit. and is still appeared on my credit report as default.... It is now on 5th year since it was defauted from original creditor. do I need further action to remove it onmy credit report? or just to wait on the 6th year to be status barred?
Many thanks again for those involved help me out from the past.