Claim form received from County Court Business Centre

[Consumed1]

Re: Claim form received from County Court Business Centre

Hello NWHC.

Please accept my apologies for my late reply. I am working almost 12 -13 hours a day and I am finding it difficult to keep up and struggling to concentrate on anything die to my situation. I ha e no legal knowledgr and habe no idea of the what a fast track process is. I am on minimum wage and have not been able to consult with a solicitor.

I have read the step process and looked at the templatea for filing my defence and just feel sick with fear. I am so confused with all of the information and simply do not understand. Its often quite late at night when i get home and I am very tried. I believe my deDline for filing my defence is 2 April and feel so trapped as there is so little time.

If someone could please help provide me with a simple step by step guide of the next actions to take I would be so grateful. I really am at my wits end.

[charitynjw]

Re: Claim form received from County Court Business Centre

Hello NWHC.

Please accept my apologies for my late reply. I am working almost 12 -13 hours a day and I am finding it difficult to keep up and struggling to concentrate on anything die to my situation. I ha e no legal knowledgr and habe no idea of the what a fast track process is. I am on minimum wage and have not been able to consult with a solicitor.

I have read the step process and looked at the templatea for filing my defence and just feel sick with fear. I am so confused with all of the information and simply do not understand. Its often quite late at night when i get home and I am very tried. I believe my deDline for filing my defence is 2 April and feel so trapped as there is so little time.

If someone could please help provide me with a simple step by step guide of the next actions to take I would be so grateful. I really am at my wits end.

Hi Consumed1

You can find a couple of examples of a defence here

Just amend to suit your particular situation, & post your proposed defence on this thread if you need reassurance.

The main thing is to file a suitable defence on time with the court.

The other matters of concern can be dealt with afterwards.

[Consumed1]

Re: Claim form received from County Court Business Centre

Hi Consumed1

You can find a couple of examples of a defence here

Just amend to suit your particular situation, & post your proposed defence on this thread if you need reassurance.

The main thing is to file a suitable defence on time with the court.

The other matters of concern can be dealt with afterwards.

Hello Charitynjw.

Thank you so much for the link. Could I ask you to help a little more. The particulars of claim is for the sum of £7578.09. However, they are also seeking £3032.99 interest pursuant to s69 of the County Court Act. Can I assume that the debt is below the £10,000 and that these templates would be ok to use?

I am sorry but muy understanding is weak and I am frightened of making mistakes.

Thatk you for you help.

[charitynjw]

Re: Claim form received from County Court Business Centre

Hello Charitynjw.

Thank you so much for the link. Could I ask you to help a little more. The particulars of claim is for the sum of £7578.09. However, they are also seeking £3032.99 interest pursuant to s69 of the County Court Act. Can I assume that the debt is below the £10,000 and that these templates would be ok to use?

I am sorry but muy understanding is weak and I am frightened of making mistakes.

Thatk you for you help.

IMHO

If the court claim was issued via Northampton Business Centre, it will not have been allocated to track yet.

The template, suitably modified, has always been accepted by the court as a compliant defence (if the defence is based on 'no documents')......................unless others know differently.

If you are really unsure of yourself, you of course have the option of instructing a solicitor

[spirit2534]

Re: Claim form received from County Court Business Centre

IMHO

If the court claim was issued via Northampton Business Centre, it will not have been allocated to track yet.

The template, suitably modified, has always been accepted by the court as a compliant defence (if the defence is based on 'no documents')......................unless others know differently.

If you are really unsure of yourself, you of course have the option of instructing a solicitor

Just a note of caution!

About 90% of CCJ's from DCAs go to a summary judgement due to lack of "any defense" being submitted. I would suggest that one of the "aims" of Legal Beagles is to significantly reduce that figure.

There is a lot of very valuable advice here on Legal Beagles, please make sure you you use it.

[charitynjw]

Re: Claim form received from County Court Business Centre

Just a note of caution!

About 90% of CCJ's from DCAs go to a summary judgement due to lack of "any defense" being submitted. I would suggest that one of the "aims" of Legal Beagles is to significantly reduce that figure.

There is a lot of very valuable advice here on Legal Beagles, please make sure you you use it.

An Internet forum, or message board, is an online discussion site where people can hold conversations in the form of posted messages.^[1]

https://en.wikipedia.org/wiki/Internet_forum

[NWHC]

Re: Claim form received from County Court Business Centre

Have you received anything other than the rubbish from RW

You do need to get the defence in on-time

You could call the solicitors on Tuesday morning and ask them for an extension, if they agree get them to email it to you and then contact the court informing them

[Consumed1]

Re: Claim form received from County Court Business Centre

Have you received anything other than the rubbish from RW

You do need to get the defence in on-time

You could call the solicitors on Tuesday morning and ask them for an extension, if they agree get them to email it to you and then contact the court informing them

Hello NWHC
No, other than the letter from RW. I have received nothing. As outlined in my previous thread I sent CPR 31.14 to Howard Cohen and Co. This was sent to the address the claim form gave for sending documents.

I also sent the letter below to Hoist but have received nothing other than the letter from Robinson way.

Please treat this letter as a formal request for you to supply a copy of my Consumer Credit Agreement as is my entitlement under sections 77-79 of the Consumer Credit Act 1974.

I require you to provide me with a true copy, or reconstituted copy of the credit agreement relating to any account you deem to be mine, together with any other documentation the Act requires you to provide. I expect you to comply fully and properly with this request, within the statutory time limit.

Your obligation also extends to providing me with a statement of account. I enclose a £1 postal order, which represents payment of the statutory fee payable under the Consumer Credit Act. I understand that a copy of my credit agreement should be supplied within 12 working days from the date of this letter.

If it is your view that you are not the creditor, s.175 of the CCA1974 applies in the case of a simple assignment, and places a duty upon you to pass this request to the creditor. In the case of an absolute assignment, you are a creditor as defined by s.189.

I understand that under the Consumer Credit Act, creditors are unable to enforce an agreement if they fail to comply with a request for a copy of the agreement under these sections of the Act

[Consumed1]

Re: Claim form received from County Court Business Centre

NWHC, can you help? . It is my intention to submit my defence using the second template from the link provided by Charity. The particulars of claim word for word are outlined below.

If i were to use the second template illiustrated in the link. Would you be able to advise me whether there is anything i should omit from it?

I could call Cohen & Co solicitors Monday but am confused as to why or how RW Debt Collectors have written and returned my postal order for £1 made payable to Hoist

Thank you in advance for your help.


The Particulars of Claim

The Claim is for the sum of £0000.00 in respect of monies owing under an Agreement with the account no xxxxxxxxxxxxxx pursuant to The Consumer Credit Act 1974 (CCA)

The debt was legally assigned by MKDP LLP (Ex Barclaycard) 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 87'(1) CCA. The Claimant claims.

1. The sum of £0000.00
2. Interest pursuant to s69 of the County Court Act 1984 at a rate of 8.00 percent from 24.02.11 to the date hereof 1826 is the sum of £0000.00
3. Future interest accruing T the daily rate of £0.00
4. Costs

[Consumed1]

Re: Claim form received from County Court Business Centre

Just a note of caution!

About 90% of CCJ's from DCAs go to a summary judgement due to lack of "any defense" being submitted. I would suggest that one of the "aims" of Legal Beagles is to significantly reduce that figure.

There is a lot of very valuable advice here on Legal Beagles, please make sure you you use it.

Thank you ,

I am reading and trying very hard amd try ing to get answers to as many questions as I can, so as to limit errors in my defence.

[NWHC]

Re: Claim form received from County Court Business Centre

Robinson Way are part of Hoist I believe which will be why they are writing to you, I know it gets complicated with all these different trading names and parts of groups for example the in house debt collectors of Bank of Scotland are/were called Blair Oliver and Scot (BOS-get it)

As for the defence- you haven't asked for an extension have you ? if not dont include it in the defence

Remember that Monday is a Bank Holiday

Let me check that I have understood
You only sent the one postal order for £1
They have returned that to you
They have also written thanking you for a payment of £1

I would , just to cover yourself write to them telling them that you did not make a payment and that they have credited £1 to the above acount in error

I would really recommend contacting Howard Cohen and ask for an extension on Tuesday morning

I would also recommend having a free chat with a solicitor , I believe the Howlett Clarke in Brighton do this, a bit of certainty as to what track is likely is vital at this point

In the second defence there is a lot that you would need to change because for a start it is a bespoke defence for MBNA and has dates on it , if like me you can be word blind and miss such things you could end up looking like a chump and liar , in which case you are at a disadvantage

If you are set on doing the defence defence 2 looks ok as long as you double check it.

I am just worried that as an unqualified person-as are most people on here- I could give you wrong advice.

[Consumed1]

Re: Claim form received from County Court Business Centre

Robinson Way are part of Hoist I believe which will be why they are writing to you, I know it gets complicated with all these different trading names and parts of groups for example the in house debt collectors of Bank of Scotland are/were called Blair Oliver and Scot (BOS-get it) ( Yes, I under stand now )

As for the defence- you haven't asked for an extension have you ? if not dont include it in the defence ( No, I have not asked for an extension )

Remember that Monday is a Bank Holiday ( Noted)

Let me check that I have understood
You only sent the one postal order for £1 ( No, I sent two £1.00 Postal orders, iinfo below)

The CPR 31.14 was sent to Howard Cohen & Co with a £1 postal order. I requested:

1. Agreement with the account number.
2. Default notice
3. Assignment by MKDP LLP

I also sent the letter shown in my previous thread to Hoist also enclosing a £1.00 postal order. The postal order addressed to Hoist was returned to my by RW

They have returned that to you ( Postal order addressed to Hoist was returned by RW)
They have also written thanking you for a payment of £1 ( RW wrote: ( we acknowledge with thanks your payment of £1.00, which was credited to your accoint on11/03/16. Your updated outstanding balance is shown above. Please ensure your next payment is made in good time to ensure it is with us by your next due date.

I would , just to cover yourself write to them telling them that you did not make a payment and that they have credited £1 to the above acount in error ( I will do this tomorrow)

I would really recommend contacting Howard Cohen and ask for an extension on Tuesday morning ( Yes, I will do this)

I would also recommend having a free chat with a solicitor , I believe the Howlett Clarke in Brighton do this, a bit of certainty as to what track is likely is vital at this point ( What should I ask? )"

In the second defence there is a lot that you would need to change because for a start it is a bespoke defence for MBNA and has dates on it , if like me you can be word blind and miss such things you could end up looking like a chump and liar , in which case you are at a disadvantage ( I will post the defence before i do anything for any help anyone is able to give)

If you are set on doing the defence defence 2 looks ok as long as you double check it.

I am just worried that as an unqualified person-as are most people on here- I could give you wrong advice.

( i understand and appeciate this)

I hope this answers your questions. Thank you so much. I will start on the defence tomorrow and post when i think i have it as near as possible correct. I will not submit until i have asked for an extension or received comment.

[charitynjw]

Re: Claim form received from County Court Business Centre

I believe that most people prefer the first example, as it is more 'PIL'.

A statement such as "Each and every allegation in the Claimants statement of case is denied unless specifically admitted in this Defence" should be included.

[Consumed1]

Re: Claim form received from County Court Business Centre

Thank you Charitynjw. I will use the statement suggested. I understand that the first example maybe preffered but this makes no reference to interest or the bulk handling through the CCBC. I may use a combination of both templates.

[Consumed1]

Re: Claim form received from County Court Business Centre

Thank you Charitynjw. I will use the statement suggested. I understand that the first example maybe preffered but this makes no reference to interest or the bulk handling through the CCBC. I may use a combination of both templates.