Court claim for overdraft

[pawlik]

Hello All,

I am worried and need some advice

I used to have a overdraft with a bank since 2004 which was closed down due to the bank charges taking me over the agreed overdraft limit. I agreed a payment plan via a debt charity with the bank but the account was sold on to a debt collector. For a few months I was paying them the debt collector agency, I stopped paying after making a subject access request to the bank to find that the notice of assignment with the bank letterhead was not issued by the bank. I then made a CCA request for the overdraft which the DCA have stated that it is not valid for current accounts. I made a request for letter of determination which was also rejected. Statements have been supplied

The debt collection agency have now filed a court claim against me which I have acknowledged to defend. I do not want to go to court as this default will drop off my credit file in 2 years time. Is there anything I can do?

[sloane82]

Who was the overdraft with?

[Taurus100]

Pawlik, did you manage to get this struck out?

[pawlik]

Re: Court claim for overdraft

I would really appreciate your help. I am stuck on completing the N244 form. The claim has been stayed over a year and none of the documents requested has been supplied. I am keen to get this struck out but unsure if I am requesting a unless order or strike for lack of documents or due to non compliance of part 18 & part 31.14? I am keen to get this struck out to stop stress.

[pawlik]

Re: Court claim for overdraft

I'll read back through your thread before I can answer that

Sometimes it's a balance between leaving things alone and giving the Claimant too much time to come up with the evidence they need to progress a claim.

Di

[MENTION=87380]Diana M[/MENTION]
Hello Diana, did you manage to have a read of my thread?

[Diana M]

Re: Court claim for overdraft

There has been no development however I wanted some advice on getting this struck out with the N244. What reason do I put on the form to get the claim struck out it has been over a year? Non compliance of CPR18, non compliance of CPR 31.14 or lack of documentation since bringing the claim?

I'll read back through your thread before I can answer that

Sometimes it's a balance between leaving things alone and giving the Claimant too much time to come up with the evidence they need to progress a claim.

Di

[pawlik]

Re: Court claim for overdraft

Has there been a development since the OP's last post on their thread on 14th July?
Di

There has been no development however I wanted some advice on getting this struck out with the N244. What reason do I put on the form to get the claim struck out it has been over a year? Non compliance of CPR18, non compliance of CPR 31.14 or lack of documentation since bringing the claim?

[EXC]

Re: Court claim for overdraft

Tagging [MENTION=6]Amethyst[/MENTION]

[Diana M]

Re: Court claim for overdraft

@nemesis45 @Diana M ?? xx

Has there been a development since the OP's last post on their thread on 14th July?

Di

[Kati]

Re: Court claim for overdraft

[MENTION=55034]nemesis45[/MENTION] [MENTION=87380]Diana M[/MENTION] ?? xx

[Kati]

Re: Court claim for overdraft

[MENTION=6]Amethyst[/MENTION] [MENTION=551]pt2537[/MENTION] [MENTION=55034]nemesis45[/MENTION] xx

[sloane82]

Re: Court claim for overdraft

Good info get, your PPI on your loan back and money, back from the company for the inconvenience caused, and have a look, through what, made you go overdrawn and get your money back from, the companies etc any, help just ask, take care.

[pawlik]

Re: Court claim for overdraft

Pawlik - do you have your statements from the period when the charges took you over the OD Limit?

On this part 18 thing - did you actually send a part 18 request ? If so can you link me to it or post it up pls.

@Amethyst @pt2537

I do have the statements that took me over the agreed charges however the Original bank has refunded all the charges after I made a complaint shortly after I submitted my defence to the court.

Here is my CPR 18 Letter I sent below

CPR18 Request for further information.

On the XX July 2015, I received the Claim Form in this case issued by you out of the Northampton County Court.
I confirm having returned my acknowledgement of service to the court in which I indicate my intention to contest your entire claim.

Prior to the issue of proceedings I had delivered a request for the production of the Agreement referred to in the Particulars of Claim, and on which you intend to rely. That request was ignored.

Please treat this letter as my request made under CPR18 for the disclosure and the production of a verified and legible copy of each of the following documents mentioned in your Particulars of Claim and is made by way of Service upon You:

1.The agreement, including the specific Terms at the point the alleged Agreement was made and any subsequent changes. You will appreciate that in an ordinary case and by reason of the provisions of CPR PD 16 para 7.3, where a claim is based upon a written agreement, a copy of the contract or documents constituting the agreement should be attached to or served with the particulars of claim and the originals should be available at the hearing. Further, that any general conditions incorporated in the contract should also be attached.
2. The deed of assignment
3.The notice of assignment
4.The default warning letter
5.The default notice

6. I deny any indebtedness to the Claimant but particularly deny they are due statutory interest on the alleged amount of £2988 and as such I request full disclosure of the amount the Claimant alleges to have paid for this alleged debt.

7. Also, your Particulars of Claim state the action is brought for Breach of Agreement, yet you have failed to identify the specific Statutory Instrument you have commenced proceedings under. Therefore, I would be request details of the Statutory Instrument under which you have brought proceedings.

You should ensure compliance with your CPR 18 duties and ensure that the documents I have requested are copied to and received by me within 7 days of receiving this letter. Failure to produce each and every document referenced within the Particulars of Claim (detailed above) will result in an Application to the Court for an Order of Disclosure.

Your CPR 18 duties extend to making a reasonable and proportionate search for the originals of the documents I have requested, the better for you to be able to verify the document's authenticity and to provide me with a legible copy. Further, where I have requested a copy of a document, the original of which is now in the possession of another person, you will have a right to possession of that document if you have mentioned it in your case. You must take immediate steps to recover and preserve it for the purpose of this case.

Where I have mentioned a document and there is in your possession more than one version of that same document owing to a modification, obliteration or other marking or feature, each version will be a separate document and you must provide a copy of each version of it to me. Your obligations extend to making a reasonable and proportionate search for any versions to include an obligation to recover and preserve such versions, which are now in the possession of a third party.

If you require more time in which to comply with this request you must tell me in writing. You must tell me before the time for compliance with this request has expired. In telling me you require more time you must tell me what steps you have taken and propose to take in order to comply with this request and also state a date by when you will comply with this request. In addition your statement must be accompanied with a statement that you agree to an extension of the time for me to file my defence. Your extension of time must be not less than 14 days from the date when you say you will have complied with my request and you must state the new date for filing my defence.

If you are unable to comply with this request and believe that you will never be able to comply with this request you must tell me in writing.

Please note that if you should fail to comply with this request, fail to request more time or fail to agree to an extension of time for the filing of my defence, I will make an application to the court for an order that the proceedings be struck out or stayed for non-compliance and a summary costs order.


Also i sent the letter below after the response from the DCA Solicitors to the CPR 18

Dear Sirs

I refer to your letter dated XX July 2015 in response to my request made under the provisions of Civil Procedure Rule 31.14 for inspection of the documents mentioned in the particulars of Claim No XXXXXXX.

CPR 31.14 states:

"a party may inspect a document mentioned in -

a)a statement of case

Please forward a copy of all the documents mentioned in the Particular of Claim within 7 days.
The documents mentioned in the Particular of Claim are required to prepare my defence and, since they haven't been provided, I would like you to agree to a 28 day extension as allowed by CPR 15.5, to file a defence.
Restons is also reminded that it should have in its possession the documents to support the claim prior to issuing a claim.

Yours Faithfully

Pawlik

[pt2537]

Re: Court claim for overdraft

If its a small claim then part 18 will not apply (see CPR 27.2) and therefore theres little there to bite on really. Focus on fighting them on the poiints you can win on, not the points where you cant would be my advice.

[Amethyst]

Re: Court claim for overdraft

Pawlik - do you have your statements from the period when the charges took you over the OD Limit?

On this part 18 thing - did you actually send a part 18 request ? If so can you link me to it or post it up pls.