Court Claim Howard Cohen Particulars help

[patters1978]

Hi everyone can some please look over the following and guide me which to include in the CPR 31.14

The claim is for the sum of
3673.74 in respect of monies owing
pursuant to The Consumer Credit Act
1974 (CCA) under account n0
***********************
The debt was legally assigned by santander
UK PLC to the claimant and notice has been
served. The defendant has failed to make
contractual payments under the terms of the
agreement. A default notice has been served
upon the Defendant pursuant to section
87(1) CCA.
The Claimant claims
1. The sum of 3673.74
2. Interest pursuant to s69 of the county
court act 1984 at a rate of 8.00 percent
from the 7/04/15 to the date hereof
14 days is the sum of 11.27
3. daily interest at the rate of .81
4.costs

which do i select? cheers

[nemesis45]

Re: Court Claim Howard Cohen Particulars help

Hi Welcome,
CPR31.14 is specific only documents mentioned in the
Particulars of Claim can be requested
So Notice of Assignment and Default Notice can be requested.
There is no mention of a contract/agreement, what type of account is this.

nem

[patters1978]

Re: Court Claim Howard Cohen Particulars help

It's a personal loan

[nemesis45]

Re: Court Claim Howard Cohen Particulars help

OK As for the agreement.
The DN
and Notice of assignment.
Who is the claimant named on the form Cohen is just a solicitor for rent?
You need to send a CCA Request to the claimant as well.

nem

[patters1978]

Re: Court Claim Howard Cohen Particulars help

robinson way cca went yesterday i did have another thread up sadly i couldnt get the CCA off in the 10 days due to family issues
will send this first thing tomorrow

thank you

[nemesis45]

Re: Court Claim Howard Cohen Particulars help

robinson way cca went yesterday i did have another thread up sadly i couldnt get the CCA off in the 10 days due to family issues
will send this first thing tomorrow

thank you

OK CCA to RW £1 stat fee, cheque or PO endorsed " For Statutory Fee Only" RW has 12 + 2 Working Days to comply.

nem

[patters1978]

Re: Court Claim Howard Cohen Particulars help

Yep po was included

[nemesis45]

Re: Court Claim Howard Cohen Particulars help

:thumb:

Yep po was included

[patters1978]

Re: Court Claim Howard Cohen Particulars help

hi just so im 100% on how all this pans out

1# RW/HC don't provide me with the documents that is needed to enforce the debt ( what happens with the court claim? )
2# RW/HC do provide me with the needed documents ( Can i still negotiate a lower settlement figure or is that sum now set in stone? )

im sure its not a simple as them questions and there are plenty of other scenarios but just wondering?

[nemesis45]

Re: Court Claim Howard Cohen Particulars help

hi just so im 100% on how all this pans out

1# RW/HC don't provide me with the documents that is needed to enforce the debt ( what happens with the court claim? )
2# RW/HC do provide me with the needed documents ( Can i still negotiate a lower settlement figure or is that sum now set in stone? )

im sure its not a simple as them questions and there are plenty of other scenarios but just wondering?

OK,

If the claimant fails to produce the CCA within the 12+2 Working Day Time Scale the debt becomes unenforceable until the agreement is provided.
The claim will be stayed by the court if the claimant has not responded to your defence within 28 days.
If the claimant responds and has the documents you can go to the HMCTS Small Claims Mediation Service to
attempt a settlement out of court, if agreement is reached the a Consent Order can be drawn and No CCJ is recorded.

nem