County Court claim legalseagulls

[glendale]

Re: County Court claim

Weird -just registered for a trial on Equifax and there is no indication /details about this account .

[FlamingParrot]

Re: County Court claim

Heard nothing yet - quick question -I can't recall if I made PO payable to them or I left blank ,will it matter .

Thanks .

I've always left mine blank to avoid issues with payee's names and when the DCA has to go back to the original creditor and it's made payable to the DCA, etc. :blah: :blah: :blah:

Weird -just registered for a trial on Equifax and there is no indication /details about this account .

That is odd, if it was only defaulted in 2011, it should still show up, or was it defaulted earlier and last payments made in 2011?

[glendale]

Re: County Court claim

Heard nothing back from either of them and my days are running out -helpppppppppppppppppp

Thanks .

[glendale]

Re: County Court claim

Heard nothing back from either of them and my days are running out - where do I go from here with having no documentation ?
Delaying tactics from them ?

Thanks Guys .

[FlamingParrot]

Re: County Court claim

Heard nothing back from either of them and my days are running out - where do I go from here with having no documentation ?
Delaying tactics from them ?

Thanks Guys .

You need to chase Howard Cohen for your CPR request which they should have replied to in 7 days. You may wish to ask them to agree to a 28 day extension to file your defence which is the maximum allowed under CPR 15.5. To save time you can do this by phone and/or email. :typing:

There's no need to chase the CCA request, non-compliance can be used in your defence.

[glendale]

Re: County Court claim

You need to chase Howard Cohen for your CPR request which they should have replied to in 7 days. You may wish to ask them to agree to a 28 day extension to file your defence which is the maximum allowed under CPR 15.5. To save time you can do this by phone and/or email. :typing:

There's no need to chase the CCA request, non-compliance can be used in your defence.

Thanks

I have rung Howard Cohen and they have agreed to hold off for 2 weeks (till 25th Marc) they said I do not have to inform the court (is that right) they also refused to confirm by e-mail or post details of my extension .
Still no Cca or Cpr received .
Could a kind person advise please .

Thanks .

[FlamingParrot]

Re: County Court claim

Thanks

I have rung Howard Cohen and they have agreed to hold off for 2 weeks (till 25th Marc) they said I do not have to inform the court (is that right) they also refused to confirm by e-mail or post details of my extension .
Still no Cca or Cpr received .
Could a kind person advise please .

Thanks .

No, it's not right. It has to be in writing and you DO have to inform the court: http://www.justice.gov.uk/courts/pro...es/part15#15.5

Agreement extending the period for filing a defence

15.5
(1) The defendant and the claimant may agree that the period for filing a defence specified in rule 15.4 shall be extended by up to 28 days.
(2) Where the defendant and the claimant agree to extend the period for filing a defence, the defendant must notify the court in writing.

[glendale]

Re: County Court claim

No, it's not right. It has to be in writing and you DO have to inform the court: http://www.justice.gov.uk/courts/pro...es/part15#15.5

When you say in writing -does this include -e-mail ?
Thanks ,is there a template on how to word this ? time is fast running out ,I'm beginning to hate these people with a passion .
Can't believe how they ride roughshod over people .
The man on the phone assured me a note had been put on my file regarding this, and no action would be taken till the 24th .

[nemesis45]

Re: County Court claim

In any matters concerning court action it is important to keep a clear paper trail, e-mails are to easily ignored or missed.
Where possible use signed for post.

nem

[glendale]

Re: County Court claim

In any matters concerning court action it is important to keep a clear paper trail, e-mails are to easily ignored or missed.
Where possible use signed for post.

nem

Been sitting here trying to Type a letter up for the court ,not having much success (I'm not the best with legal stuff) My defence will be that I have no documents to support defence as both parties have not responded to my CPR +CCA letters ,any advise on how to word this would be much appreciated .

Thanks for all your help peeps .

[Kati]

Re: County Court claim

If you post up what you've got so far, there'll be people who can advise you further

[FlamingParrot]

Re: County Court claim

In any matters concerning court action it is important to keep a clear paper trail, e-mails are to easily ignored or missed.
Where possible use signed for post.

nem

Normally, yes, that would be the preferred option. However, when it comes to agreeing extensions to file a defence, often in the nick of time, phone and email are the preferred means of communication for the sake of speed. All they solicitors have to do is send an email agreeing to the extension which the defendant can forward to the court.

[FlamingParrot]

Re: County Court claim

Been sitting here trying to Type a letter up for the court ,

Is it a defence you're trying to type up?

not having much success (I'm not the best with legal stuff) My defence will be that I have no documents to support defence as both parties have not responded to my CPR +CCA letters ,any advise on how to word this would be much appreciated .

Thanks for all your help peeps .

You may want to look at this thread for an example defence: http://www.legalbeagles.info/forums/...t-Court-Claims

[FlamingParrot]

Re: County Court claim

If you post up what you've got so far, there'll be people who can advise you further

Not much by the sound of it.

When you say in writing -does this include -e-mail ?

YES, as per my post above. :typing:

Thanks ,is there a template on how to word this ? time is fast running out ,I'm beginning to hate these people with a passion .
Can't believe how they ride roughshod over people .
The man on the phone assured me a note had been put on my file regarding this, and no action would be taken till the 24th .

Then when they apply for default judgment they'll say they couldn't see any note on your file and no one will remember having said that no action would be taken. If they are agreeable to an extension, why won't they spend 30 seconds typing up an email saying what they said on the phone? Uhmmmm... :noidea: :confused2:

[glendale]

Re: County Court claim

Will this be ok -

Please note

1. I received the claim No B******** from the NorthamptonCounty Court on the 12^th Feb 2015.

2: Each and every allegation in the Claimants statement of case is denieunless specifically admitted in this Defence.

3: This claim is for a Credit Card agreement regulated under theConsumer Credit Act 1974.

4: [It is admitted/denied] that the Defendant has [previously] enteredinto [an agreement/agreements] with [Original Creditor /Claimant] forprovision of credit.

4: The Claimants statement of case fails to give adequate information to enableme to properly assess my position with regards the claim.

[5. The particulars of claim fail to state when the agreement was entered into.]

6. The Claimants statement of case states that the account was assigned from Santanderto Hoist Portfolio Holdings 2 Limited -The Defendant does not recall receiving notice of this assignment.

7. It is denied that Santander 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.

8: On the 27thFebruary 2015 I sent a request for inspection of documents mentioned in the claimants statement of case under Civil Procedure Rule 31.14to Howard Carter and Co I requested the Claimant provide copies of the [Agreement,Default Notice and Notice of Assignment] .

9. Howard Carter and Co has not sent any of these documents to me.

10. On the 27thFebruary 2015 I sent a formal request for a copy of the original agreement to Hoist Portfolio Holding 2 LTD pursuant to section [77 or 78] of the Consumer Credit Act 1974 along with the statutory £1 fee.

11. The Claimant has failed to comply with [s77 (1) / s 78 (1)] Consumer Credit Act 1974 and by virtue of [s77 (4) / s 78 (6)] Consumer CreditAct 1974 cannot enforce the agreement.

[12: I have asked the Claimant if we may agree to extend the time period allowed for filing of my defence pending receipt of documents (as allowed underCPR 15.5), The Parties agreed to an extension to the time period allowed for filing of my defence under CPR 15.5to allow the Claimants additional time to produce the relevant documentation toevidence their claim, however they have failed to do so.]

13. 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.

14. I request the court orders the Claimants to provide the necessary documentation in order for me to fully plead my case else the Claim should be struck out.

15. In the event that the relevant documents are received from the Claimants Iwill then be in a position to amend my defence, and would ask that the Claimants bear the costs of the amendment.

16. It is denied that the Claimant is entitled to the relief as claimed or atall.

Statement of Truth

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



Signed …………………………………………

Dated .................................................. ....