County court claim form

[mich0130]

Re: County court claim form

30th march 2016

Hi Michelle

You have indicated that you received a court claim pack on 2nd April, & have acknowledged it.
What is the issue date? (On the claim form)

[charitynjw]

Re: County court claim form

Hello again,

I sent Send a CCA request with fee for £1
a cpr 31.14 request to the claimants solicitor, no fee

CCA signed for on the 15th April 2016 but the 31.14 request was sent on the 14th April 31.14 but not delivered. Haven't had anything back from either.

Can I please have some help as to what to write in my defence.Its got to be done this week.

Many thanks
Michelle

Hi Michelle

What happened here?
Have you contacted Royal Mail?
https://personal.help.royalmail.com/...etail/a_id/317

- - - Updated - - -

Hello again,

I sent Send a CCA request with fee for £1
a cpr 31.14 request to the claimants solicitor, no fee

CCA signed for on the 15th April 2016 but the 31.14 request was sent on the 14th April 31.14 but not delivered. Haven't had anything back from either.

Can I please have some help as to what to write in my defence.Its got to be done this week.

Many thanks
Michelle

Hi Michelle

What happened here?
Have you contacted Royal Mail?
https://personal.help.royalmail.com/...etail/a_id/317

[mich0130]

Re: County court claim form

Hi,

Ive called royal mail and it seems it may have been lost :/

Many Thanks
Michelle

Hi Michelle

What happened here?
Have you contacted Royal Mail?
https://personal.help.royalmail.com/...etail/a_id/317

- - - Updated - - -



Hi Michelle

What happened here?
Have you contacted Royal Mail?
https://personal.help.royalmail.com/...etail/a_id/317

[MIKE770]

Re: County court claim form

Royal mail makes that statement so many times in the past - BUT each and every time I have received responses from DCAs etc referring to the letter dated xxx xx xxx so I then knew they had received the letters, usually Post Office Boxes = no signature I found, so I try to send with a full Address - seems to work in the last 8 years I used it!



Make a complaint - you end up with stamps.

[charitynjw]

Re: County court claim form

[MENTION=83767]mich0130[/MENTION]

IMHO

Re the CPR request, as long as you have proof of posting, you're covered.

Start on your defence (example http://legalbeagles.info/forums/show...t-Court-Claims - alter to suit your facts)
As it is for a loan, s77 is applicable.
You could also add about statute-barred; they have mentioned it, but have not provided proof (method or amount of the alleged payment, or who it was paid by).
Adjust the numbering to suit.
If you wish, post up your completed version before sending it to court.

[mich0130]

Re: County court claim form

Before I put in my defence I have now recived a letter from RESTONS

We write to you in response to your CCA request sent to our client.

please note, we are now instructed on this matter and request all future correspondence is made to this office directly.

we confirm that legal proceedings are on hold, until such time our client respond to your request.

should I wait now?

many thanks
Michelle

@mich0130

IMHO

Re the CPR request, as long as you have proof of posting, you're covered.

Start on your defence (example http://legalbeagles.info/forums/show...t-Court-Claims - alter to suit your facts)
As it is for a loan, s77 is applicable.
You could also add about statute-barred; they have mentioned it, but have not provided proof (method or amount of the alleged payment, or who it was paid by).
Adjust the numbering to suit.
If you wish, post up your completed version before sending it to court.

[charitynjw]

Re: County court claim form

Before I put in my defence I have now recived a letter from RESTONS

We write to you in response to your CCA request sent to our client.

please note, we are now instructed on this matter and request all future correspondence is made to this office directly.

we confirm that legal proceedings are on hold, until such time our client respond to your request.

should I wait now?

many thanks
Michelle

Hi Michelle

Usual garbage.

You must work to the court's timetable.

Make sure your defence is filed with the court on time.

[mich0130]

Re: County court claim form

please can you have a look

1)I received the claim XXXXXXXXXX from Northampton County Court on 3^rd April 2016.

2)Each and every allegation in the claimants statement of the case denied unless specifically admitted in this defence.


3)This claim appears to be for a loan agreement regulated under the consumer Credit Act 1974.

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


5)On the 6^th April 2016 I sent a request for inspection of documents mentioned in the claimants statement of case under Civil Procedure Rule 31.14 to Restons solicitors. I requested the Claimant provide copies of the contract.

6)Restons Solicitors has not sent any of these documents to me.


7)On the 06^th April I sent a formal request for a copy of the original agreement to Cabot Financial pursuant to section 77-79 of the Consumer Credit Act 1974 along with the statutory £1 fee.

8)The Claimant has failed to comply with 77-79 Consumer Credit Act 1974 and by virtue of 77-79 Consumer Credit Act 1974 cannot enforce the agreement.


9)Any debt said to be owing is statute-barred. No payment has been made to this debt by me, any joint account-holder, or any third party acting as my agent for a period of more than six years also no written admission of liability for this debt has been made by me, or any third party acting as my agent for a period of more than six years.


10)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.

11)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.


12)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.

13)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.

Hi Michelle

Usual garbage.

You must work to the court's timetable.

Make sure your defence is filed with the court on time.

[charitynjw]

Re: County court claim form

please can you have a look

1)I received the claim XXXXXXXXXX from Northampton County Court on 3^rd April 2016.

2)Each and every allegation in the claimants statement of the case denied unless specifically admitted in this defence.


3)This claim appears to be for a loan agreement regulated under the consumer Credit Act 1974.

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


5)On the 6^th April 2016 I sent a request for inspection of documents mentioned in the claimants statement of case under Civil Procedure Rule 31.14 to Restons solicitors. I requested the Claimant provide copies of the contract.

6)Restons Solicitors has not sent any of these documents to me.


7)On the 06^th April I sent a formal request for a copy of the original agreement to Cabot Financial pursuant to section 77-79 of the Consumer Credit Act 1974 along with the statutory £1 fee.

8)The Claimant has failed to comply with 77-79 Consumer Credit Act 1974 and by virtue of 77-79 Consumer Credit Act 1974 cannot enforce the agreement.


9)Any debt said to be owing is statute-barred. No payment has been made to this debt by me, any joint account-holder, or any third party acting as my agent for a period of more than six years also no written admission of liability for this debt has been made by me, or any third party acting as my agent for a period of more than six years.


10)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.

11)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.


12)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.

13)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.

IMHO

7) Put the exact name as per the court claim form.

7 & 8) If it's a loan, s77 CCA 1974 (as amended) applies.

[mich0130]

Re: County court claim form

Hello

I submitted my defence thank you.

I have now received a letter from Cabot financial with a bogus statement of account form welcome finance, with a couple of pages full of random dates and amounts that I have supposed to have paid.

What a croc

Kind Regards

Michelle

[charitynjw]

Re: County court claim form

Hi Michelle

No copy of the agreement/contract or T&Cs?

[mich0130]

Re: County court claim form

No. They say that they have applied to the original creditor for a copy of my agreement with terms and conditions and will forward it to me once received.

Kind Regards

Michelle

Hi Michelle

No copy of the agreement/contract or T&Cs?

[charitynjw]

Re: County court claim form

:flypig::flypig::flypig::flypig:

IMHO

If you don't acknowledge, they will go for a default judgment.

If it were me, I'd do it straight away (you can do it via MCOL)

[mich0130]

Re: County court claim form

HI,

I acknowledge the claim form a while ago and put in my defence last week????

Many Thanks
Michelle

:flypig::flypig::flypig::flypig:

IMHO

If you don't acknowledge, they will go for a default judgment.

If it were me, I'd do it straight away (you can do it via MCOL)

[Amethyst]

Re: County court claim form

Hello

I submitted my defence thank you.

I have now received a letter from Cabot financial with a bogus statement of account form welcome finance, with a couple of pages full of random dates and amounts that I have supposed to have paid.

What a croc

Kind Regards

Michelle

Do you have your bank statements etc to show that the statement of account from Welcome is poppycock ?