Horsemad v Debenhams Storecard court papers - help!

[Horsemad]

Re: Horsemad v Debenhams Storecard court papers - help!

Hi, what should I put in my defence? needs to be in by tomorrow.

[Curlyben]

Re: Horsemad v Debenhams Storecard court papers - help!

Well as we've seen nowt from Cohen's we'll go for the tried and tested holder..

Defence
1.The claimants particulars of claim are vague and fail to disclose any cause of action, they appear to be an abuse of the process in that they fail to deal with the basic rules of pleading in accordance with the CPR.


2.Even making allowance for the Northampton Bulk Regime the claim fails to disclose sufficient information as required by the CPR, there is no reference to any account number, no date of alleged agreement, no date of alleged default or details of any default notice served in accordance with s87 (1) Consumer Credit Act 1974, the claim is missing vital information.

3. Without admission that any cause of action is shown by the Claimant it is denied that the Claimant has a claim whether as pleaded or at all.

4. No documents supporting the claims in the particulars have been offered which the defendant needs to establish what agreement it is that this action is based upon

5. Without clarification of the claimants claim, the defendant is extremely disadvantaged and the claimant’s claim appears without merit

6.Further to above the defendant is unable to plead effectively or at all. The defendant is embarrassed.

So here's the plan:

1. file basic defence (above)
2. write to the court pointing out the failure of the claimant to comply with their CPR 31.14 obligations
3. write to the other side and tell them what you have done

[Horsemad]

Re: Horsemad v Debenhams Storecard court papers - help!

Thank you CB - i can file defence online - right? When you say write, do you mean post them letters? Scuse my ignorance, but wont they recive that after the 20th or does that not matter if my defence is in on time, Thanks.

[Curlyben]

Re: Horsemad v Debenhams Storecard court papers - help!

Ooops meant to say YES.
Defend ALL..

We'll go from there

[Horsemad]

Re: Horsemad v Debenhams Storecard court papers - help!

Just to update you - so had a reply from Northampton CC to say the have received and acknowledge my defence and a copy of which has been sent to CL Finance who now have 28 days to respond. Still nothing from Cohens....

[Horsemad]

Re: Horsemad v Debenhams Storecard court papers - help!

Not heard a dickie bird from Cohen's, CL or Northampton Court - do I need to be doing something?

[Curlyben]

Re: Horsemad v Debenhams Storecard court papers - help!

Worth giving them a call to see what's going on with this..

[Horsemad]

Re: Horsemad v Debenhams Storecard court papers - help!

Phone the Court you mean? Or Cohen's?

[Curlyben]

Re: Horsemad v Debenhams Storecard court papers - help!

The Court.
You NEVER call the solicitors on this unless there is no other option available..

[Horsemad]

Re: Horsemad v Debenhams Storecard court papers - help!

Hi received an allocation questionaire from Northampton court yesterday. It has been moved from there to my local court via the small claims track. I have to fill it in and send it back by the 14th Sept. I have received nothing from Cohen's or CL Finance under my CPR 31.14 request. What should I do now please?

[Horsemad]

Re: Horsemad v Debenhams Storecard court papers - help!

BUMP

[Curlyben]

Re: Horsemad v Debenhams Storecard court papers - help!

Sorry mate, missed this one.
Fill in the AQ asking for a stay to settle.
Keep to small claims track and inform the court of CL/Cohens non-compliance with CPR 31.14..

Any thing you're unsure of just ask.

[Horsemad]

Re: Horsemad v Debenhams Storecard court papers - help!

No probs, I know your busy. Thank you will do.

[Horsemad]

Re: Horsemad v Debenhams Storecard court papers - help!

On the AQ where do I ask for a 'stay to settle'? Is that all I need to say that I am requesting a 'stay to settle' or should I put something else in there? Is it in the space for 'other information'? Do I have to pay court fees for it?

[Curlyben]

Re: Horsemad v Debenhams Storecard court papers - help!

It's near the start.
I can't remember which section, but it's concerning settlement.

There's NO fee for you to pay, that's for the claimant.