Proof of identity

[nemesis45]

Re: Proof of identity

Hi Nem,

I sent the letter you helped me with ,and received nothing back. For my CPR request they just responded saying they sent me all the paperwork back in April.
I need to file my defence by the 13th , will you please help me out with what I should write in there?
Do I need to submit an "unless order " with the defence as well?
Do I need to base my defence on the fact that the previous claim was struck out?

Thank you !

Hello Icrina,

Yes of course I'll help.

Please take a look at the specimen defences in the green box at the top of the main forum page.

If you make a rough draft post it here I will go through it with you.

nem

[icrina53]

Re: Proof of identity

Ok, thank you.
I know the templates by heart , do I need to write that the copy of what they send me, the online application can't be considered as a true copy of an agreement?
And also that the claim has previously been struck out?

[nemesis45]

Re: Proof of identity

Ok, thank you.
I know the templates by heart , do I need to write that the copy of what they send me, the online application can't be considered as a true copy of an agreement?
And also that the claim has previously been struck out?

Hello Icrina,

Yes the alleged agreement is in my opinion not compliant with the CCA request as it appears incomplete.

nem

[Amethyst]

Re: Proof of identity

Yes put the previous strike in to your defence. It should be the first point.

The Defendant contends that the Claimants claim should stand struck out as an abuse of process. This is the Claimant's second attempt at litigation on the same cause of action and facts. The previous claim No................................... regarding this matter was struck out by District Judge .......................... on 26th February 2015 [EXHIBIT A]. The Defendant had filed their defence in the claim and the Claim was struck out following xxx application xxxxxxxxxxxxxxxxxx (I'm not sure exactly what the application was - was it a CPR 31.14 app ?)

Then the remainder of the defence. You will need to state that the Claimant have finally responded to your CCA request on xxxdatexxxx however have failed to comply with the requirements laid out in s.78(1) in that.....
i) The document is incomplete
etc

[icrina53]

Re: Proof of identity

Yes put the previous strike in to your defence. It should be the first point.

The Defendant contends that the Claimants claim should stand struck out as an abuse of process. This is the Claimant's second attempt at litigation on the same cause of action and facts. The previous claim No................................... regarding this matter was struck out by District Judge .......................... on 26th February 2015 [EXHIBIT A]. The Defendant had filed their defence in the claim and the Claim was struck out following xxx application xxxxxxxxxxxxxxxxxx (I'm not sure exactly what the application was - was it a CPR 31.14 app ?)

Then the remainder of the defence. You will need to state that the Claimant have finally responded to your CCA request on xxxdatexxxx however have failed to comply with the requirements laid out in s.78(1) in that.....
i) The document is incomplete
etc

Hello,

I'm a bit stuck again, I am currently working at my defense, do I need to submit an Unless order with it again? and what will be the reason?They sent me the online application , which, as Nem says it is not an accurate copy/complete copy but the notice of default and the assignment?is there anything wrong with them?
Also are they allowed to issue a new court claim instead of challenging the strike out and then re-issue?
I'm not sure what to write in my defense apart from mentioning the strike out in February and the agreement.

[icrina53]

Re: Proof of identity

Hello Icrina,

Yes of course I'll help.

Please take a look at the specimen defences in the green box at the top of the main forum page.

1: I received the claim XXXXXXXX from the County Court Business Centre Northampton dated the 13^th of June 2016.
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 Credit Card agreement regulated under the Consumer Credit Act 1974.This is the Claimant's second attempt at litigation on the same cause of action and facts. The previous claim number XXXXXXXX regarding this matter was struck out by District Judge Murray Smith on 26th February 2016.
The Defendant had filed their defence in the claim and the Claim was struck out following the Claimant remains in breach of the civil procedure Rules Pre Action Protocol Practice Direction and CPR Rule 31.14
4: It is denied that the Defendant has entered into an agreement with Original Creditor for provision of credit.
5: On the 20^th of January I sent a request for inspection of documents mentioned in the claimant’s statement of case under Civil Procedure Rule 31.14 to Cohen Cramer solicitors. I requested the Claimant provide copies of the documents mentioned in the particulars of claim number C5GK9061, issued on the 15^th of January 2016 and they failed to provide any documents.
6:On the 25^Th of January I have resent my request for the documents and they responded with a 45 days’ timescale for receiving the documents which is over the maximum 28 days available under CPR 15.5 and with a very misleading agreed extension of which the Court had no knowledge about.
7:On the 28^th of April, over two months after the first attempt at litigation was struck out ,the Claimant have finally responded to my January CCA request however they have failed to comply with the requirements laid out in .78/1 in that :
1. No Terms and Conditions of the bank account have been supplied,
2. What the Defendant has provided me with ,stating is the agreement, is an attempt at making a " reconstituted " agreement" and the " application form has been reconstructed without consideration for the need for producing T's & C's and does not comply with a CCS request.
3.

That is all I have ,not sure what else is to write but it does not look enough .

[icrina53]

Re: Proof of identity

Hello Icrina,

Yes the alleged agreement is in my opinion not compliant with the CCA request as it appears incomplete.

nem

Sorry to bug you but can you please give me your thoughts on my defense below? is there anything else I need to mention? I need to send it by Friday and I don't know what else I could write .

Thank you,

[charitynjw]

Re: Proof of identity

[MENTION=55034]nemesis45[/MENTION]

[nemesis45]

Re: Proof of identity

[/COLOR]

1: I received the claim XXXXXXXX from the County Court Business Centre Northampton dated the 13^th of June 2016.

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 Credit Card agreement regulated under the Consumer Credit Act 1974.This is the Claimant's second attempt at litigation on the same cause of action and facts. The previous claim number XXXXXXXX regarding this matter was struck out by District Judge Murray Smith on 26th February 2016.

The Defendant had filed their defence in the claim and the Claim was struck out following the Claimant remains in breach of the civil procedure Rules Pre Action Protocol Practice Direction and CPR Rule 31.14

4: It is denied that the Defendant has entered into an agreement with Original Creditor for provision of credit.

5: On the 20^th of January I sent a request for inspection of documents mentioned in the claimant’s statement of case under Civil Procedure Rule 31.14 to Cohen Cramer solicitors. I requested the Claimant provide copies of the documents mentioned in the particulars of claim number C5GK9061, issued on the 15^th of January 2016 and they failed to provide any documents.

6:On the 25^Th of January I have resent my request for the documents and they responded with a 45 days’ timescale for receiving the documents which is over the maximum 28 days available under CPR 15.5 and with a very misleading agreed extension of which the Court had no knowledge about.

7:On the 28^th of April, over two months after the first attempt at litigation was struck out ,the Claimant have finally responded to my January CCA request however they have failed to comply with the requirements laid out in .78/1 in that :

7.1. No Terms and Conditions of the bank account have been supplied,

7.2. What the Defendant has provided me with ,stating is the agreement, is an attempt at making a " reconstituted " agreement" and the " application form has been reconstructed without consideration for the need for producing T's & C's and does not comply with a CCS request.

7.3. In view of the claimants failure to comply with my request made under sect. 78 of CCA 1974 the claimant is unable to enforce the alleged debt and I respectfully ask the court to strike out this claim.

That is all I have ,not sure what else is to write but it does not look enough .

Hi Icrina,

Well done !!!!

Double space if posting this. Just tidied Para 7.

Ready to go.

[nemesis45]

Re: Proof of identity

Hi Icrina Para 7.2 CCS request should be CCA for some reason I am unable to edit it.

nem

[icrina53]

Re: Proof of identity

Hi Icrina Para 7.2 CCS request should be CCA for some reason I am unable to edit it.

nem

Hello ,
Hope everybody is ok.
Just to give a quick update.
The claim has been allocated to the small track and had to fill in the N180 questionnaire. What should I expect now? will we go to court or mediation? never been this far with any claims in my life so not sure what's next.

[charitynjw]

Re: Proof of identity

Hello ,
Hope everybody is ok.
Just to give a quick update.
The claim has been allocated to the small track and had to fill in the N180 questionnaire. What should I expect now? will we go to court or mediation? never been this far with any claims in my life so not sure what's next.

Mediation Service should contact you; if you have not received the documents requested via Claimants/solicitors, Mediation usually can't proceed & they will return it back to the court for consideration.

[charitynjw]

Re: Proof of identity

Btw, have you had any feedback re your submitted defence?

[nemesis45]

Re: Proof of identity

Hello ,
Hope everybody is ok.
Just to give a quick update.
The claim has been allocated to the small track and had to fill in the N180 questionnaire. What should I expect now? will we go to court or mediation? never been this far with any claims in my life so not sure what's next.

Good morning Icrina,

The Small Claims Mediation Service will contact you and ask you some questions to determine if you can take part in a mediation appointment.
Most importantly they will ask if you have all the documents you need to be able to negotiate, if the agreement has not been supplied then the mediation is no likely to take place.

If this happens the claim will be transferred to your local county court for judges directions.

nem

[icrina53]

Re: Proof of identity

No feedback on my defence

- - - Updated - - -

Good morning Icrina,

The Small Claims Mediation Service will contact you and ask you some questions to determine if you can take part in a mediation appointment.
Most importantly they will ask if you have all the documents you need to be able to negotiate, if the agreement has not been supplied then the mediation is no likely to take place.

If this happens the claim will be transferred to your local county court for judges directions.

nem

As you know , the paperwork they sent me did not include an agreement or terms of the bank account , just the online application . I should wait for their phone call to see what is happening.

Thank you