Recevied a court claim, require help for O/D debt

[Joanna C]

Re: Recevied a court claim, require help for O/D debt

From my experience the consumer credit act and its regulations and FSMA is such a complex area of law it is difficult for an untrained LIP to firstly identify all breaches and secondly articulate it in pleadings and at court. They are also up against claimants with deep pockets who can put forward barristers etc on the day.

There is no equality of arms in the small claims court for the LIP in consumer credit act claims.

I think the CPR rules should be amended so CCA money claims have to be issued using the Consumer Credit Act procedure as in Hire Purchase claims so that the claimant had to demonstrate to the court that it had complied with its statutory obligations under the Consumer Credit Act and that they are entitled lawfully to enforce the agreement

[MIKE770]

Re: Recevied a court claim, require help for O/D debt

From my experience the consumer credit act and its regulations and FSMA is such a complex area of law it is difficult for an untrained LIP to firstly identify all breaches and secondly articulate it in pleadings and at court. They are also up against claimants with deep pockets who can put forward barristers etc on the day.

There is no equality of arms in the small claims court for the LIP in consumer credit act claims.

I think the CPR rules should be amended so CCA money claims have to be issued using the Consumer Credit Act procedure as in Hire Purchase claims so that the claimant had to demonstrate to the court that it had complied with its statutory obligations under the Consumer Credit Act and that they are entitled lawfully to enforce the agreement

So near the truth/requirements - Joe for PM.

[Joanna C]

Re: Recevied a court claim, require help for O/D debt

But if the consumer credit act procedure was used although it would halt the many thousands of default judgment being obtained without the creditor not having to provide any evidence of regulatory compliance it doesn't assist in evaluating uneforceability itself . No one case is the same and with creditors relying on "reconstituted " documents the "devil is in the detail".

I have also found that assigned debts ( whether regulated by the CCA or not regulated) are often successfully defended on no evidence debt assigned. But again it is for different reasons and involve increasinglycomplex arguments.

[Joanna C]

Re: Recevied a court claim, require help for O/D debt

In other words it is not as Claimant solicitors like to say on directions questionnaires "only a debt claim for money".

[MIKE770]

Re: Recevied a court claim, require help for O/D debt

trouble with the regulation in the UK , no straight yes/no

they are drafted as gobbly gook = and never a definative direction - too many ifs/buts/maybe, T&Cs well so Is/Ts far beyond straight forwardness.

No wonder the country and its regulations (heaped to-gether) is a mess at times, you need a legislation to form a legislation,

[charitynjw]

Re: Recevied a court claim, require help for O/D debt

In other words it is not as Claimant solicitors like to say on directions questionnaires "only a debt claim for money".

trouble with the regulation in the UK , no straight yes/no

they are drafted as gobbly gook = and never a definative direction - too many ifs/buts/maybe, T&Cs well so Is/Ts far beyond straight forwardness.

No wonder the country and its regulations (heaped to-gether) is a mess at times, you need a legislation to form a legislation,

I guess that "if it was easy, they'd all be doing it!"

[MIKE770]

Re: Recevied a court claim, require help for O/D debt

I guess that "if it was easy, they'd all be doing it!"

pity they do not do it right in the 1st place, remember decades ago some reason I had interpret USA letter to UK english for officers orders, (spelling differences), and reverse for ease of reference..lol

[Joanna C]

Re: Recevied a court claim, require help for O/D debt

HI,

I decided to send the form to the county court rather than online, I didn't enter anything into the defence section of the claim.

I have however received another letter from the court stating the following:

With reference to your claim responce. I would like to advise that it is herewith returned to you as invalid as it has not been completed fully.

Please give reasons for disputing the claim in section 3 of the N9B defence form.

As you have a limited time to reply to the claim form, you may wish to ensure the defence is amended and returned promptly.

If you do not complete this form correctly within the prescribed time, the Claimants or their Solicitors may enter Judgement against you in default.

If you require any further information please contact our helpdesk on the number above.
etc... etc..

I was wondering if I could obtain advise on the following:

1/ How long have I got now to respond to this letter, it was initially marked as 5th, this letter now has the 15th.
2/ What do I enter in section 3 of the court papers I have recevied, to state I am awaiting further information from the bank and solicitors.
3/ Should I be better completing this online rather than via the post.

I am stuck on what to do and any help would be very much appreciated as I know time is running out now.

Kind regards

It would seem to me that if the court is saying "Please give reasons for disputing the claim in section 3 of the N9B defence form" and " As you have a limited time to reply to the claim form, you may wish to ensure the defence is amended and returned promptly" that you have not filed an Acknowledgment of Service you have actually filed the Defence Form which is N9B.


Because the court hasn’t yet served it on the other side they are giving you the opportunity to file a correct defence before the deadline. Under the CPR rules a party can amend a statement of case (defence), without the need for either consent or the courts permission, if it hasn’t been served on the other side. The court has not yet sent the claimant a copy it would seem.


As you haven’t acknowledged service but you have filed a defence you cannot have the extra 14 days.
As such for safety I think it prudent that you send the court a defence within 19 days of the claim issue date (14 days plus 5 for service).

[fuqex]

Re: Recevied a court claim, require help for O/D debt

Thanks,

I have spoken with the court, it seems I may have made a bit of a mistake... being a newbie.

I sent the acknowledgement, which they received and actioned, I have until 7th June to send a defence, I however sent the defence part also without completing the defence section and this is what was being refereed to.

I shall await now a responce from the banks / solicitors towards my claim.

Thanks again

[MIKE770]

Re: Recevied a court claim, require help for O/D debt

deleted

[Diana M]

Re: Recevied a court claim, require help for O/D debt

I have spoken with the court, it seems I may have made a bit of a mistake...

. . . I however sent the defence part also without completing the defence section and this is what was being refereed to.

It seems the court has done you a favour and given you a chance to rectify the situation.

You filed a Defence in theory albeit a blank Defence.

As Jo says you can now file an Amended Defence without needing permission from the court >

Because the court hasn’t yet served it on the other side they are giving you the opportunity to file a correct defence before the deadline. Under the CPR rules a party can amend a statement of case (defence), without the need for either consent or the courts permission, if it hasn’t been served on the other side. The court has not yet sent the claimant a copy it would seem.

Those forms are confusing to ordinary people and that Defence box often causes problems. We had a client who had simply put "I don't owe them any money. You will get a letter from a solicitor" which left the door open for us to file an Amended Defence which was a tad more comprehensive

Di

[fuqex]

Re: Recevied a court claim, require help for O/D debt

Thankyou.

Feel better now that its not just me being confused.

Not heard anything from anyone as yet... may have to decide on a defence soon in case i dont hear anything.

Any suggestions on a defence... or just that ive received no supporting evidence from restons.

[MIKE770]

Re: Recevied a court claim, require help for O/D debt

Defence Example

[fuqex]

Re: Recevied a court claim, require help for O/D debt

Good evening,

Any suggestions as i have not heard anything from the bank or restons solicitors as yet with regards to sar (Still have 30 days anyway) and the request for the contract has gone on deaf ears.

Should i respond again with another letter asking for the proof again.

Thanks again guys

[fuqex]

Re: Recevied a court claim, require help for O/D debt

To keep you all informed,

I shall be sending another letter to Restons requesting copies of the contract along with the default notice, giving a further 7 days. After this time I shall have my defence prepared for this claim.

In the next couple of days I shall post me defence and see if this would be acceptable... I am relying on a couple of things which ill make everyone aware at the time.