Help with CPR please.

[nemesis45]

Re: Help with CPR please.

Could the OP send them an SB letter?

http://www.legalbeagles.info/forums/...ed-Debt-Letter

@nemesis45

No harm in sending, at least it may give a clue as to what the claimant knows at best it'll settle the matter.

nem

[Offthelip]

Re: Help with CPR please.

Again, thanks for your advice. Do I send the SB letter to Hoist or Howard Cohen?

[charitynjw]

Re: Help with CPR please.

IMHO I would send to both, cross-referencing them.
With proof of posting.
[MENTION=55034]nemesis45[/MENTION] ? for another opinion?

[nemesis45]

Re: Help with CPR please.

Again, thanks for your advice. Do I send the SB letter to Hoist or Howard Cohen?

Cohen.
nem

[nemesis45]

Re: Help with CPR please.

IMHO I would send to both, cross-referencing them.
With proof of posting.
@nemesis45 ? for another opinion?

Good idea Charity!

nem

[Offthelip]

Re: Help with CPR please.

Hi guys

I am a bit confused. I need to file my defence soon to be within the 33 days of the issuing of the claim. In reply to my cpr request Howard Cohen has said they will give me 14 days from when they find the documents required to file a defence. Please see details of this above. Part of me just wants to file the defence now as I think that they should have got the documentation in order before issuing the claim. But while writing the defense I am worried that it would not be looked on favourably that I did not wait for them and also would I be able to amend it if they did come up with any documentation? I am really stuck as to what to do. Please help.

[nemesis45]

Re: Help with CPR please.

Hi guys

I am a bit confused. I need to file my defence soon to be within the 33 days of the issuing of the claim. In reply to my cpr request Howard Cohen has said they will give me 14 days from when they find the documents required to file a defence. Please see details of this above. Part of me just wants to file the defence now as I think that they should have got the documentation in order before issuing the claim. But while writing the defense I am worried that it would not be looked on favourably that I did not wait for them and also would I be able to amend it if they did come up with any documentation? I am really stuck as to what to do. Please help.

It is confusing certainly but the point to remember ( it's one that Cohen hopes you don't) is that whatever Cohen state about " on hold" etc. does not affect the court process Unless a formally agreed extension
is in place and you have notified the court in writing of the extension.

You must complete each stage of the process as directed because if you don't Cohen can apply for judgement.

nem

[Offthelip]

Re: Help with CPR please.

Thank you Nem. I thought so. I will file it online today. Would I be able to email it to someone to have a quick look over before I send it?

[nemesis45]

Re: Help with CPR please.

Thank you Nem. I thought so. I will file it online today. Would I be able to email it to someone to have a quick look over before I send it?

Post here and we can go through it with you.

nem

[Offthelip]

Re: Help with CPR please.

You guys are amazing. I have copied what applies from the template but I also think that I need to use the fact that it is an old debt and I reckon Statue Barred.

1: I received the claim ********** from the Northampton County Court on 25/02/2015.

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 an overdraft facility.

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

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

6. The Claimants statement of case states that the account was assigned from MKDP LLP (ex HSBC) to Hoist Portfolio Holding 2 Ltd. The Defendant does not recall receiving notice of this assignment.

7. On the 25/03/2016 I sent a request for inspection of documents mentioned in the claimant’s statement of case under Civil Procedure Rule 31.14 to Howard Cohen and Co. I requested the Claimant provide copies of the Notice of Assignment and terms and conditions.

8. Howard Cohen and Co has not sent any of these documents to me.

9. The Parties agreed to an extension to the time period allowed for filing of my defence under CPR 15.5 to allow the Claimants additional time to produce the relevant documentation to evidence their claim, however they have failed to do so.

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. 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.

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.



Signed …………………………………………

Dated .................................................. ....

[nemesis45]

Re: Help with CPR please.

You guys are amazing. I have copied what applies from the template but I also think that I need to use the fact that it is an old debt and I reckon Statue Barred.

1: I received the claim ********** from the Northampton County Court on 25/02/2015.

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 an overdraft facility.

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

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

6. The Claimants statement of case states that the account was assigned from MKDP LLP (ex HSBC) to Hoist Portfolio Holding 2 Ltd. The Defendant does not recall receiving notice of this assignment.

7. On the 25/03/2016 I sent a request for inspection of documents mentioned in the claimant’s statement of case under Civil Procedure Rule 31.14 to Howard Cohen and Co. I requested the Claimant provide copies of the Notice of Assignment and terms and conditions.

8. Howard Cohen and Co has not sent any of these documents to me.

9. The Parties agreed to an extension to the time period allowed for filing of my defence under CPR 15.5 to allow the Claimants additional time to produce the relevant documentation to evidence their claim, however they have failed to do so.

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. 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.

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.



Signed …………………………………………

Dated .................................................. ....

By all means add in something like:

The defendant avers that the alleged debt which is the subject of this claim is statute barred under the provisions of the Limitation Act 1980, as no payment to or acknowledgment of the alleged debt has been made in over 6 years.

nem

[Offthelip]

Re: Help with CPR please.

Thankyou. So if I add that do you think the rest of the defence is ok? Also if I submit my defence via MCOL I don't need to send copies to anyone else?

[Offthelip]

Re: Help with CPR please.

It has been 28 days, today, since I submitted my defence. I have checked MCOL and it has not been updated. I have had no further communication from HC. Do I speak to Northampton or just wait?

[Offthelip]

Re: Help with CPR please.

I have been sent a DQ. I still have not received any paperwork as my CPR request. Where do I stand. I don't want to go for mediation as I have no confirmation what the debt is. I am guessing I want it assigned to the small claims track? Manty thanks.

[Offthelip]

Re: Help with CPR please.

Please can someone help me with the DQ?