Court Claim Robinson Way/Howard cohen V patters

[Kati]

Re: Court Claim Robinson Way/Howard cohen V patters

has anyone got a answer on this please? need to file my defence asap

cheers

Have you got a defence ready to go??

You can file it via MCOL I believe xx

[patters1978]

Re: Court Claim Robinson Way/Howard cohen V patters

im sorry i really dont know what to put? or include

[Kati]

Re: Court Claim Robinson Way/Howard cohen V patters

@Amethyst ?? [MENTION=55034]nemesis45[/MENTION] ??

[Kati]

Re: Court Claim Robinson Way/Howard cohen V patters

Have a look at this link to get an idea for a defence http://www.legalbeagles.info/forums/...t-Court-Claims
as they haven't complied with your cca and cpr I understand that the debt is (in effect) unenforceable at the minute

[nemesis45]

Re: Court Claim Robinson Way/Howard cohen V patters

Good morning Patters,

Have you had any response to the CCA request?

When did you last check with the court on the status of the claim?
Do as Kati has suggested look through some other threads put together
a draft defence and post it here we will go through it with you.

You mention a " dispute " in post#1 will this form part of your defence? Please explain the dispute fully.

If the CCA has not been provided to you the debt is currently unenforceable, you use this in your defence.
I would not worry too much over CPR 31.14 you can mention in your defence that the request was made
prior to the claim being allocated to a track and Cohen did not comply.

nem

- - - Updated - - -

@Amethyst ?? @nemesis45 ??

Done as requested, sorry for missing this!!

nem

[patters1978]

Re: Court Claim Robinson Way/Howard cohen V patters

cheers everyone

1, No response from any letters apart from the one mentioned that they will get me the details in due course
2, Court was checked 21st
3, My dispute.. Loan does not appear on my noddle credit check I have got a £2 experian check coming as i know noddle isnt the best, I'm not sure if robinson way is the persons collecting for the debt unsure if debt is still live etc etc have no details at all.

[patters1978]

Re: Court Claim Robinson Way/Howard cohen V patters

1: I received the claim ******* from the Northampton County Court on 27/04/2015
2: Each and every allegation in the Claimants statement of case is denied unless specifically admitted in this Defence.
3: This claim appears to be for a Loan agreement regulated under the Consumer Credit Act 1974.
4: It is admitted that the Defendant has previously entered into agreements with Santander for provision of credit.
4: The Claimants statement of case fails to give adequate information to enable me 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 Santander to Robinson Way but does not specify the date this assignment occurred. 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 30/04/2015 I sent a request for inspection of documents mentioned in the claimants statement of case under Civil Procedure Rule 31.14 to Howard Cohen. I requested the Claimant provide copies of the Agreement, Default Notice and Notice of Assignment .
9. Howard Cohen has not sent any of these documents to me.
10. On the 30/04/2015 I sent a formal request for a copy of the original agreement to Robinson Way 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 Credit Act 1974 cannot enforce the agreement.
12: I haven’t asked this? help
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 stand struck out.
15. In the event that the relevant documents are received from the Claimants I will 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 at all.
Statement of Truth
The Defendant believes that the facts stated in this Defence are true.

Do i say i had agreements with santander? as i had 2 loans with them

also do i have to put anything in no 12?

do i also include copies of postal recorded or just submit that to the courts?

many many thanks peeps

[patters1978]

Re: Court Claim Robinson Way/Howard cohen V patters

anyone look over my defence please i want to submit it tomorrow if i can online

nem help

(Just to say im so thankful for all the help you guys/girls give)

[nemesis45]

Re: Court Claim Robinson Way/Howard cohen V patters

looking Trough Now Patters.

nem

[nemesis45]

Re: Court Claim Robinson Way/Howard cohen V patters

Ok, ** ALL**documents you have to support your defence should be referred to in the defence, SO signed for post slips if mentioned should be provided to support the fact you requested documents. They should be numerically index.

The defendants acknowledge that he had 2 accounts with the claimant in the past. e.g. Postal receipt (Item 1 (a) etc.

Double space the paragraphs, you'll make the judge happy, close typed documents are a pain to read.

nem

nem

[patters1978]

Re: Court Claim Robinson Way/Howard cohen V patters

Cheers nem

I haven't mentioned or being took to court for say loan B so do i have to mention it?

I have my experian credit report and yet again like noddle this loan isn't on my credit report, should i include a copy of my credit report for my defence or is the fact its not on my credit report nothing?

and do i put nothing in number 12?

cheers

[nemesis45]

Re: Court Claim Robinson Way/Howard cohen V patters

No to both.

nem

[patters1978]

Re: Court Claim Robinson Way/Howard cohen V patters

right last question

just doing my defence online and i cant see where i put my evidence?

[patters1978]

Re: Court Claim Robinson Way/Howard cohen V patters

I have sent my defence special delivery today so should reach them by tuesday

Today i received a letter from Robinson Way with the following inside it

"Thank you for your recent contact.

Please forward the fee of £1.00 made payable to customer accounting centre to enable us to respond to your request under the consumer credit act.

We have enclosed your £1.00 by way of return and we trust this resolves your query.

included was the original PO that i made payable to "Robinson Way" as i didn't know who to make it out too.
What annoys me about this letter is they could have responded like this originally! and has took them till the last few days i can submit my defence to send it too me!

any help nem