Three Debts On One Claim Form-is This Legal

[pt2537]

Re: Three Debts On One Claim Form-is This Legal

yes Bernie it can, the fact is their claim is bad, in fact its worst than bad, i would sack anyone who served such rubbish in my office thats for sure

[pt2537]

Re: Three Debts On One Claim Form-is This Legal

Ok heres a draft order for directions to go with the N244, it covers pretty much all the aspects of what we need

I will knock up a witness statement that should cover the main points,

if ive missed anything from the draft order please let me know as it is difficult when you are working at such a distance such as this

[pt2537]

Re: Three Debts On One Claim Form-is This Legal

just a quick though

I think that there should be a sanction on the Claimant for non compliance

so, id add the following

3. If the Claimant fails to comply with Paragraph 1 then the Claimants claim shall stand struck out without further order


and move the part about costs to para 4

[Bernie259]

Re: Three Debts On One Claim Form-is This Legal

Hi, that looks very good, thanks very much for giving me your time, is there anything I need to do to it apart from the addition to para 3, then date and sign, the rest I assume I leave blank as I dont know what judge it will be or on or the date it will be heard. Bernie

[pt2537]

Re: Three Debts On One Claim Form-is This Legal

Hi, that looks very good, thanks very much for giving me your time, is there anything I need to do to it apart from the addition to para 3, then date and sign, the rest I assume I leave blank as I dont know what judge it will be or on or the date it will be heard. Bernie

Hi

Just so were clear and that the there is no confusion

The paragraph three i posted is to be inserted in the Draft order i posted above and NOT the N244 Application


The order of the court should carry a sanction for non compliance


Now then, we need to knock up a witness statement as well in support of the application as well,

i havent had chance to do this yet, but, i will endeavour to get this done as soon as i can to assist you

the bottom line is, that cabot should plead their claim effectively and in accordance with the CPR and if they do not then they should be struck out

if the shoe was on the other foot then i can say with certainty that they would apply for the same order

[pt2537]

Re: Three Debts On One Claim Form-is This Legal

ok here you go, a rough draft i know , but you are a LIP and therefore will be given allowances on that

just fill in the blanks


I really hope this helps, i detest injustice and go out of my way in my day job to cause pain and suffering to these companies who act soooo unreasonable when they purchase debts

anyway, if you have any questions or if anyone has any input please fire away

[Bernie259]

Re: Three Debts On One Claim Form-is This Legal

That’s absolutely brilliant, thank you again, you are very kind.

Do you believe a hearing is required for this application? If so my wife who is acting for me feels she would need legal representation as it can be quite intimidating in court up against a solicitor and judge on your own.

As it currently stands what do you think Cabot’s likely response would be to my defence with their deficient claim form, and what would happen if they did nothing, would it be stayed?

The worry is, if we bring all their shortcomings to their attention with the opportunity of putting their house in order, and they are able to do just that, I could be stuffed with regards to putting a half decent defence forward, I suppose we are gambling they wont be able to comply with the courts order and it will then be struck out at an early stage? We feel what you have advised is the correct way to proceed.

Regards
Bernie

[pt2537]

Re: Three Debts On One Claim Form-is This Legal

That’s absolutely brilliant, thank you again, you are very kind.

Do you believe a hearing is required for this application? If so my wife who is acting for me feels she would need legal representation as it can be quite intimidating in court up against a solicitor and judge on your own.

As it currently stands what do you think Cabot’s likely response would be to my defence with their deficient claim form, and what would happen if they did nothing, would it be stayed?

The worry is, if we bring all their shortcomings to their attention with the opportunity of putting their house in order, and they are able to do just that, I could be stuffed with regards to putting a half decent defence forward, I suppose we are gambling they wont be able to comply with the courts order and it will then be struck out at an early stage? We feel what you have advised is the correct way to proceed.

Regards
Bernie

Well, that is of course a risk

However, that said, it is better to deal with things now, get them to put their claim together effectively and then deal with it.chances are that the agreement will be bad, you will be able to then plead that is the case, i would be far happier with a proper defence at trial rather than something makeshift

As for legal representation, i do agree that the litigant in person is always at a disadvantage when against these corporations such as Cabot et al

I do feel that a judge will not rubber stamp such an order without a hearing, however, it is not something to be worried about IMHO, the point to note is that, you will not be debating liability for the debt or even if you owe the money at this stage, the point is that the pleaded case is deficient and not in accordance with CPR 16 or PD 16 and also, the statement of truth is defective and that is something that no judge can ignore in my view

[pt2537]

Re: Three Debts On One Claim Form-is This Legal

oh i forgot to check, if you are eligible for financial support, then you should submit an EX 160A for fee remission, that way you wont need to pay for the application either

[Bernie259]

Re: Three Debts On One Claim Form-is This Legal

Hi PT2539, my wife and I have thought long and hard and taken all views into account and believe what you have advised and kindly drafted to go with the N244 application is the best way forward, otherwise as you advise it will give the claimant more time to try and get any papers they may have together, this will hopefully keep the pressure on them to get their act together as all other requests seem to be ignored.

In the draft order you state the defendant will within 21 days of the order, (that gives them 14 days to comply), file an amended defence, if they take 14 days that would only give me 7 days to file the amended defence, am I reading this right? We are hoping to get if off on Monday, do we have to send a copy of everything to the claimants solicitors?

Thank you
Bernie
------------------------------- merged -------------------------------
Sorry pt2537 !!!!

[Bernie259]

Re: Three Debts On One Claim Form-is This Legal

Hi, I received a letter (attached) from Citi Cards advising me there was an error on the credit agreement relating to purchases made abroad and I may have a claim against them.

Citi Financial is one of the three alleged debts on the court claim I have from Cabot.


My questions are;

• The letter states the account is now closed, they make no mention of it being sold on to a DCA?
• If there is an error on the credit agreement with the potential for a claim against them, is it legal for them to sell it on?
• If Cabot has bought this alleged debt can they take legal action when there is the potential for a claim against the original creditor?
• I don’t know if we made any purchases abroad or if we could make a claim, however, could this be used to throw a spanner in the works of Cabot’s claim against us?

Any advice would be very much appreciated

Bernie

[Bernie259]

Re: Three Debts On One Claim Form-is This Legal

Hi, I have read a similar case to mine, three credit card debts on one claim form issued by Cabot. The defendant argued in court that the three CCA’s were unenforceable for the usual reasons, however, the judge over ruled the argument referring to a section of the Credit Consumer Act 1983, I have copied below what he feels the judge said on the day, when he found in favour of Cabot, does anyone know what this may mean?

Bernie

“Claimants (Cabot) stated (and I know I have got the section more than wrong) that the Credit Consumer Act 1983 Section 6 or chapter 6??? something to do with the 1983 act (sorry can't be more specific) that there was a provision within this act to counter claim the 1974 act in that in didn't require T&c's from the start as it would be agreed on the limit as and when, defence had the card and then started a long winded argument over all the statements of my wife’s three cards that she spent the money she knew the limit when she had the cards etc: I then responded with the fact that two Application forms had come from a book and didn't contain anything relevant to this case i.e. signatures from both parties etc: Claimant then counter acted this (and I am really sorry I cant remember who he quoted) by saying that Gugen ?????Something (or something sounding similar) had written an article stating that signatures need only be an X to basically enter you into a contract and therefore that argument was dead!”

[pt2537]

Re: Three Debts On One Claim Form-is This Legal

“Claimants (Cabot) stated (and I know I have got the section more than wrong) that the Credit Consumer Act 1983 Section 6 or chapter 6??? something to do with the 1983 act (sorry can't be more specific) that there was a provision within this act to counter claim the 1974 act in that in didn't require T&c's from the start as it would be agreed on the limit as and when, defence had the card and then started a long winded argument over all the statements of my wife’s three cards that she spent the money she knew the limit when she had the cards etc: I then responded with the fact that two Application forms had come from a book and didn't contain anything relevant to this case i.e. signatures from both parties etc: Claimant then counter acted this (and I am really sorry I cant remember who he quoted) by saying that Gugen ?????Something (or something sounding similar) had written an article stating that signatures need only be an X to basically enter you into a contract and therefore that argument was dead!”

I have absolutely no idea what the above is meant to mean, it refers to Acts which do not exist, it makes reference to points which are contrary to established law and therefore if such a judgment was made it would be Per incuriam and therefore easily apeallable without question,

Im not able to answer that to be honest Bernie,


However the person who made that post clearly did not understand the act or the regulations themselves and therefore should have sought legal assistance and representation in court IMHO

[pt2537]

Re: Three Debts On One Claim Form-is This Legal

Hi, I received a letter (attached) from Citi Cards advising me there was an error on the credit agreement relating to purchases made abroad and I may have a claim against them.

Citi Financial is one of the three alleged debts on the court claim I have from Cabot.


My questions are;

• The letter states the account is now closed, they make no mention of it being sold on to a DCA?
• If there is an error on the credit agreement with the potential for a claim against them, is it legal for them to sell it on?
• If Cabot has bought this alleged debt can they take legal action when there is the potential for a claim against the original creditor?
• I don’t know if we made any purchases abroad or if we could make a claim, however, could this be used to throw a spanner in the works of Cabot’s claim against us?

Any advice would be very much appreciated

Bernie

this is a letter that they sent out as a result, if my memory serves me correctly, of the OFT putting pressure on them or was it the FSA, i cant be sure but i remember a solicitor i was talking to about CITI saying about the letter being sent out

[Bernie259]

Re: Three Debts On One Claim Form-is This Legal

Hi, You are right, he should have sought proper legal advice, it was a long thread, he missed all the court deadlines for filing bundles etc and forgot to argue the agreements did not have the prescribed terms, that is the problem when you are in court alone, if you cannot argue your case clearly, he also missed the deadline for appealing, I was worried there might be something in the older Act they could fall back on.

With regards to the Citi letter is there anything there to my advantage?

Regards
Bernie