Claim form received from county court

[Amethyst]

Re: Claim form received from county court

Yes 33 days from the issue date ( so defence due , 5 April 2016 ) You can put the defence in before the wedding ( congrats btw) - say about the 23rd ? It's fine to do that and will usually give you 28 days before you would need to do anything else.

Your credit files should stay separate so long as you don't get any joint products, like joint bank accounts / mortgage / loans /savings account etc.

[nemesis45]

Re: Claim form received from county court

Hi, can anyone assist with the last query with any answers. Thank you

Hello, yes I'll draft a letter later today,
nem

[Helpneeded2016]

Re: Claim form received from county court

Thanks Nem

[Wingco]

Re: Claim form received from county court

Hi Helpneeded2016.
Don't pay it. If, as you say you have never had a BC, the Court will be on your side.
I had a similar situation with Barclaycard. I went to Court and largely won. The Magistrate in Northampton was incredibly supportive and not at all sympathetic to BC's representative. Unfortunately, I was in a worse position than you in that I did have a BC and I owed £13+K. Despite my offer to pay £150 per month, The Magistrate asked for my income and expenditure and said "You can't afford £150" and agreed to let me pay I think about £50 (I was earning around £60k per year in the 90s). Less than 2 years later having paid about 15-18 monthly payments by DDM, the payments stopped! I'm sure if your income is a fraction of what I was earning, you will not be asked for much each month, but go armed with your income and expenditure and don't miss ANYTHING out. But please, don't pay them. They rely on people giving in to their threats. By sending the CCA and the SAR you will be letting them know you are not going to take this lying down - and surely the BC statements should show that the purchases are unrelated to you? Fight it all the way.
Your debts are unlikely to accrue to your future wife (follow Amethysts advice) - despite my near zero credit rating, my wife used to be able to get credit with ease.

[Helpneeded2016]

Re: Claim form received from county court

Hi, I have just written my defence statement, please could someone check it out for me and make any recommendations of any changes needed please. Should i mention the amount owed etc or keep it basic as the courts will have all this information?

1: I received the Claim Number: XXXXXXXXX from the Northampton County Court Business Centre, Northampton on 3 March 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 (CCA).

4. It is denied that the defendant entered into an agreement with Barclaycard.

5. The Claimants statement of case fails to give adequate information to enable me to properly assess my position with regards the claim.

6. The particulars of claim fail to state when the agreement was entered into.

7. The Claimants statement of case states that the account was assigned from Barclaycard to MKDP LLP (Ex Barclaycard) but fails to state when. The Defendant does not recall receiving notice of this assignment.

8. It is denied that Barclaycard 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.

9. On the 7 March 2016, under Civil Procedure Rule 31.14 the defendant sent a request to the Claimants solicitor (Howard Cohen and Co) for inspection of documents mentioned in their statement of case. Namely: Agreement with the account number: xxxxxxxxxxxxxxxxxx/Default Notice and Assignment by MKDP LLP (Ex Barclaycard)

10. Howard Cohen and Co have not sent any of these documents to me.

11. On the 7 March 2016 I also sent a formal request for a copy of the original agreement to the Claimant pursuant to section 78 of the Consumer Credit Act 1974 along with the statutory £1 fee.

12. The Claimant has failed to comply with S78(1) Consumer Credit Act 1974 however the request was acknowledged by Robinson Way on 18 March 2016 whom I am told is one of the claimants trading styles and the fee returned. By virtue of S78(6) Consumer Credit Act 1974 cannot enforce the agreement.

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. The Defendant requests that the court orders the Claimant 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.

[charitynjw]

Re: Claim form received from county court

Hi, I have just written my defence statement, please could someone check it out for me and make any recommendations of any changes needed please. Should i mention the amount owed etc or keep it basic as the courts will have all this information?

1: I received the Claim Number: XXXXXXXXX from the Northampton County Court Business Centre, Northampton on 3 March 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 (CCA).

4. It is denied that the defendant entered into an agreement with Barclaycard.

5. The Claimants statement of case fails to give adequate information to enable me to properly assess my position with regards the claim.

6. The particulars of claim fail to state when the agreement was entered into.

7. The Claimants statement of case states that the account was assigned from Barclaycard to MKDP LLP (Ex Barclaycard) but fails to state when. The Defendant does not recall receiving notice of this assignment.

8. It is denied that Barclaycard 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.

9. On the 7 March 2016, under Civil Procedure Rule 31.14 the defendant sent a request to the Claimants solicitor (Howard Cohen and Co) for inspection of documents mentioned in their statement of case. Namely: Agreement with the account number: xxxxxxxxxxxxxxxxxx/Default Notice and Assignment by MKDP LLP (Ex Barclaycard)

10. Howard Cohen and Co have not sent any of these documents to me.

11. On the 7 March 2016 I also sent a formal request for a copy of the original agreement to the Claimant pursuant to section 78 of the Consumer Credit Act 1974 along with the statutory £1 fee.

12. The Claimant has failed to comply with S78(1) Consumer Credit Act 1974 however the request was acknowledged by Robinson Way on 18 March 2016 whom I am told is one of the claimants trading styles and the fee returned. By virtue of S78(6) Consumer Credit Act 1974 cannot enforce the agreement.

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. The Defendant requests that the court orders the Claimant 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.

What is the issue date on the court claim form?

[Helpneeded2016]

Re: Claim form received from county court

Hi, Issue date was 3/3/16 but received in the post on the 5/3/16

[Helpneeded2016]

Re: Claim form received from county court

Hi, i received the claim form on 05/03/2016 but the claim form issue date is 03/03/2016. What date should i be putting on on the defence?

[charitynjw]

Re: Claim form received from county court

Hi, Issue date was 3/3/16 but received in the post on the 5/3/16

According to my calcs your defence needs to be in by 5th April (but math isn't my strong suit).

http://www.timeanddate.com/date/date...aw=&ad=33&rec=

- - - Updated - - -

Yes 33 days from the issue date ( so defence due , 5 April 2016 ) You can put the defence in before the wedding ( congrats btw) - say about the 23rd ? It's fine to do that and will usually give you 28 days before you would need to do anything else.

Your credit files should stay separate so long as you don't get any joint products, like joint bank accounts / mortgage / loans /savings account etc.

See!

[Helpneeded2016]

Re: Claim form received from county court

I thought it was tomorrow the but calculator shows otherwise. Do i have to wait until the final day i.e Tuesday before submitting the defence statement? Is this just in case the claimants send through the requested paperwork? Do i need to submit during working hours as well?

Also should i put in about the Strike out - not 100% sure what this means, could someone tell me in a basic version is possible.
14. The Defendant requests that the court orders the Claimant to provide the necessary documentation in order for me to fully plead my case else the Claim should stand struck out.

[charitynjw]

Re: Claim form received from county court

I thought it was tomorrow the but calculator shows otherwise. Do i have to wait until the final day i.e Tuesday before submitting the defence statement?
No. Monday; or Tues before 16:30hrs; you could do it today, but if it were me, I'd wait for tomorrow's (Monday's) post.

Is this just in case the claimants send through the requested paperwork?
You need to follow court instruction in a 'timely' way.

Do i need to submit during working hours as well?
Not if online

Also should i put in about the Strike out - not 100% sure what this means, could someone tell me in a basic version is possible.
14. The Defendant requests that the court orders the Claimant to provide the necessary documentation in order for me to fully plead my case else the Claim should stand struck out.
Leave that bit in; if the Claimant hasn't responded with compliant documents, the case will be 'stayed' (ie 'frozen').
You can then either leave it so, or apply for it to be struck out (dismissed).

####

[Helpneeded2016]

Re: Claim form received from county court

Hi, well the 28 days expired on 2/5/16 from when had to submit my defence. Today i have received a Notice of Proposed Allocation to the Small Claims Track. Attached was a Directions questionnaire (small Claims Track) form that needs completing.

What do i do next, I have never had or heard anything back from Hoist Portfolio the claimants or their solicitors with any evidence of any sort. I'm concerned about the 'Importance Notice bit where is says if I do not comply with this notice the court will make such order .... I have attached the Notice for you to see.

I thought we were done with the court after the 28 days was up!?

Any help would be gratefully received.

[Helpneeded2016]

Re: Claim form received from county court

Hi, anyone who can help with my post from yesterday would be appreciated. Thanks

[Helpneeded2016]

Re: Claim form received from county court

Hi, have been looking at previous posts with the Same query I.e how do I fill this notice application for small claims track. Nemm has replied with advice to other people but i couldnt see what they were, is there chance you could assist. Still not sure what is happening and why I have this the online site for court is not clear just states DP has been sent after receiving my defence. Thanks

[nemesis45]

Re: Claim form received from county court

Hi, well the 28 days expired on 2/5/16 from when had to submit my defence. Today i have received a Notice of Proposed Allocation to the Small Claims Track. Attached was a Directions questionnaire (small Claims Track) form that needs completing.

What do i do next, I have never had or heard anything back from Hoist Portfolio the claimants or their solicitors with any evidence of any sort. I'm concerned about the 'Importance Notice bit where is says if I do not comply with this notice the court will make such order .... I have attached the Notice for you to see.

I thought we were done with the court after the 28 days was up!?

Any help would be gratefully received.

This is normal court process you must complete Form N180 and send copy to the court and the claimant or their named solicitors.
If the claimant has not responded to requests (CCA ) they cannot enforce the debt, if they have not responded to a defence after 28 days have elapsed the court stays ( suspends) the claim, the claimant can at any time pay a fee to have the stay lifted and continue the claim.
In regard to the latter you need to check with the court as you are Not informed when a claim is stayed.

nem