Court papers arrived, I don't know what to do

[nemesis45]

Re: Court papers arrived, I don't know what to do

I think I have mucked this case up, I sent the £1 postal order to hoist but received it back today saying
We acknowledge receipt of your request under sections 77-79 of the consumer credit act
Your account is now with our clients solicitors Howard Cohne & Co and they have issued a county court claim against you
As you have filed your defence in this matter, all documents will be requested by our clients solicitor Howard Cohen & Co as part of this process, therefore please find enclosed your £1 fee

I have to file my defence by 17th and don't know what to do now

Send the CCA request to Cohen by signed for post Hoist et al are intent on disrupting the CCA process, keep the letter safe it can /should be part of your defence and witness statement.
Without the agreement they cannot enforce the debt this nonsense with the CCA now leaves without knowing if they have an agreement or not simply dirty tricks.
nem

[Tallullatrotter]

Re: Court papers arrived, I don't know what to do

I have just tried to log into MCOL but it's saying my details are wrong, I have reset the password and used all the details they are sending me in an email but it's still saying it's wrong.

[MIKE770]

Re: Court papers arrived, I don't know what to do

Please note we accept attachments to process such as N9 response forms or requests from Claimants for continuation of proceedings.
General enquiries: ccbc@hmcts.gsi.gov.uk
N9 response forms ccbcaq@hmcts.gsi.gov.uk

[nemesis45]

Re: Court papers arrived, I don't know what to do

I have just tried to log into MCOL but it's saying my details are wrong, I have reset the password and used all the details they are sending me in an email but it's still saying it's wrong.

MCOL is prone to problems at times I'm afraid.

Try leaving it for a while then try again.

nem

[Tallullatrotter]

Re: Court papers arrived, I don't know what to do

right finally got online, in the defence should I mention I think it could be statutory barred and hope they can't prove it isn't
Credit card was taken out in approx 2002 and defaulted in 2004 but paid through payplan for a few years, last payment was 26/03/2010


I am filling the form in on behalf of my husband as I am his carer and know all details more than him, he's in a wheelchair and has problems with his hands so can't type/fill forms ect and also has had a breakdown 18 months ago and attempted to take his own life through depression. I don't know if I need to inform the court of this as he is sat with me as I type things

[nemesis45]

Re: Court papers arrived, I don't know what to do

right finally got online, in the defence should I mention I think it could be statutory barred and hope they can't prove it isn't
Credit card was taken out in approx 2002 and defaulted in 2004 but paid through payplan for a few years, last payment was 26/03/2010


I am filling the form in on behalf of my husband as I am his carer and know all details more than him, he's in a wheelchair and has problems with his hands so can't type/fill forms ect and also has had a breakdown 18 months ago and attempted to take his own life through depression. I don't know if I need to inform the court of this as he is sat with me as I type things

Good morning,
Sorry to hear of your husbands problems clearly he is vulnerable person and should be treated as such.
Suggestion.
After stating when the claim was received say as follows.

( no) The Defendant Mrxxxxxxx is a litigant in person. He is disabled and cannot write or type any documents I Mrs make this defence on his behalf. Mr is considered a vulnerable person.

If you believe the debt is Statute Barred yes use it.
Point Was the claim statute barred on the date the claim was issued?
If so the wording is.

The defendant avers that the alleged debt which is the subject of this claim was statute barred under the provisions of The Limitation Act 1980 no payment or written acknowledgment having been made in the 6 years to the date of issue of this claim.

nem

[Tallullatrotter]

Re: Court papers arrived, I don't know what to do

Thank you Nemesis,

We have just received a letter from Howard Cohen acknowledge receipt of my CPR letter and say they are currently retrieving documents and to accept the letter as their agreement to a general extension of time. Once they have provided me with the documents they will grant another 14 days for me to respond to the claim form as we feel appropriate

- - - Updated - - -

I don't believe it was statute barred as the last payment we made through payplan was 26 march 2010 and the claim was filed 15th march 2016 so it's 11 days short of 6 years

[nemesis45]

Re: Court papers arrived, I don't know what to do

Thank you Nemesis,

We have just received a letter from Howard Cohen acknowledge receipt of my CPR letter and say they are currently retrieving documents and to accept the letter as their agreement to a general extension of time. Once they have provided me with the documents they will grant another 14 days for me to respond to the claim form as we feel appropriate

- - - Updated - - -

I don't believe it was statute barred as the last payment we made through payplan was 26 march 2010 and the claim was filed 15th march 2016 so it's 11 days short of 6 years

That's a bugger!!

Don't forget you must inform the court in writing of the " general extension of time agreed" otherwise the court process will continue. Do this by e-mail and attach a copy of their letter.

nem

[Tallullatrotter]

Re: Court papers arrived, I don't know what to do

Do I still need to fill in his defence it's got to be in by 17th which is Sunday so will need to be done by tomorrow

[nemesis45]

Re: Court papers arrived, I don't know what to do

Do I still need to fill in his defence it's got to be in by 17th which is Sunday so will need to be done by tomorrow

Yes if you don't file a defence the claimant will get summary judgement (by default).

SEE DEFENCE EXAMPLE In Green Short Cuts Box Above, make a draft post here and tag me [MENTION=55034]nemesis45[/MENTION], all is not lost if the claimant can't produce the agreement they cannot enforce the debt.
nem

[Tallullatrotter]

Re: Court papers arrived, I don't know what to do

I've been doing this for a few days adding bits but don't know if I've done it right, also the numbers in bold I didn't know which ones should be there, I know I sound thick but I don't know how to tag people [MENTION=55034]nemesis45[/MENTION]
I have received the claim ***** from the Northampton County Court on 23^rd March 2016

The Defendant Mr M is a litigant in person. He is disabled and cannot write or type any documents and has mental health issues. I Mrs M make this defence on his behalf. Mr M is considered a vulnerable person.

Each and every allegation in the Claimants statement of case is denied unless specifically admitted in this defence.
This claim is for Barclaycardagreement regulated under the Consumer Credit Act 1974

The Claimants statement of case fails to give adequate information for me to properly assess my position with regards the claim.
The particulars of claim fail to state when the agreement was entered into.
The Claimants statement of case states that the account was assigned from MKDP LLP toHoist portfolio but no date provided. The Defendant does not recall receiving notice of this assignment.
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.
On the 4/4/16 I sent a request for inspection of documents mentioned in the claimants statement of case under Civil Procedure Rule 31.14 to Howard Cohen and Co. I requested the Claimant provide copies of the Agreement, Default Notice and Notice of Assignment.
Howard Cohen and Co has not sent any of these documents to me but has agreed by letter dated 6/6/14 to a general extension whilst they retrieve these documents
On the 4/4/16 I sent a formal request for a copy of the original agreement to Hoist Portfoliopursuant to section77 or 78 of the Consumer Credit Act 1974 along with the statutory £1 fee. This was returned to me without the documents asked for with a letter dated 8/4/16 saying documents would be requested by Howard Cohen and Co so I have forwarded the CCA request and fee on to Howard Cohen and Co
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.
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.
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.
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.
It is denied that the Claimant is entitled to the relief as claimed or at all.

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Ok theres lots in bold, they're not on word documents, only the s77 and s78 are showing as bold on my side

[nemesis45]

Re: Court papers arrived, I don't know what to do

I've been doing this for a few days adding bits but don't know if I've done it right, also the numbers in bold I didn't know which ones should be there, I know I sound thick but I don't know how to tag people @nemesis45

1. We have received the claim ***** from the Northampton County Court on 23^rd March 2016

2, The Defendant Mr M is a litigant in person. He is disabled and cannot write or type any documents and has mental health issues. I Mrs M make this defence on his behalf. Mr M is considered a vulnerable person.

3. Each and every allegation in the Claimants statement of case is denied unless specifically admitted in this defence.
This claim arises fromBarclaycardagreement regulated under the Consumer Credit Act 1974

4.The Claimants statement of case fails to give adequate information for me to assess the defendants position in regard to the claim.5 The particulars of claim fail to state when the agreement was entered into.

5.The Claimants statement of case states that the account was assigned from MKDP LLP toHoist portfolio but no date has provided.

5. (a) The Defendant does not recall receiving notice of this assignment.

6. 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.

7. On the 4/4/16 I sent a request for inspection of documents mentioned in the claimants statement of case under Civil Procedure Rule 31.14 to Howard Cohen and Co. I requested the Claimant provide copies of the Agreement, Default Notice and Notice of Assignment.

8. Howard Cohen and Co has not sent any of these documents to me but has agreed by letter dated 6/6/14 to a general extension whilst they retrieve these documents

9 .On the 4/4/16 I sent a formal request for a copy of the original agreement to Hoist Portfoliopursuant to section77 or 78 of the Consumer Credit Act 1974 along with the statutory £1 fee.

10. This was returned to me without the documents asked for with a letter dated 8/4/16 saying documents would be requested by Howard Cohen and Co so I have forwarded the CCA request and fee on to Howard Cohen and Co

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. 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.

13. 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.

14. 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.

15. It is denied that the Claimant is entitled to the relief as claimed or at all.

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Ok theres lots in bold, they're not on word documents, only the s77 and s78 are showing as bold on my side

OK tweaked a couple of things and formatted and numbered paras.

Well Done!!

nem

[Tallullatrotter]

Re: Court papers arrived, I don't know what to do

I am all ready to file the defence, if I have written it for my husband do I click I am the defendant or I am duly authorised by the defendant to sign this statement

[nemesis45]

Re: Court papers arrived, I don't know what to do

I am all ready to file the defence, if I have written it for my husband do I click I am the defendant or I am duly authorised by the defendant to sign this statement

Duly authorised rep.

[Tallullatrotter]

Re: Court papers arrived, I don't know what to do

I entered the defence last Thursday (14th) and also emailed a copy of the extension letter from Howard Cohen, it's showing on MCOL as defence received but should I have received some kind of acknowledgement for the email