Horsemad v Debenhams Storecard court papers - help!

[Horsemad]

Re: Horsemad v Debenhams Storecard court papers - help!

Section A: Would you like to use the free small claims mediation service provided by her Majesty's Court Service, to help you settle your claim with the other party? Have to tick Yes or No box - is that what you mean???

Other than that. section G says 'In the space below please set out any other info you consider will help the judge to manage or clarify the claim, inc any other info you consider should be supplied by the other party'. So a bit perplexed..... sorry!

[Curlyben]

Re: Horsemad v Debenhams Storecard court papers - help!

I think it's just before that..

[Horsemad]

Re: Horsemad v Debenhams Storecard court papers - help!

Section A is the first section -all that is before that is notes on how to fill in the form???

[Curlyben]

Re: Horsemad v Debenhams Storecard court papers - help!

Hmmmm, ok.
Well you could try that, but seeing how they have ignored your lawful request and are generally playing silly feckers, I wouldn't.

Other information for the judge to consider are those very facts.
Ignored your request under CPR 31.14 and have failed to show any cause of action by supplying the referenced documents, ie agreement, default notice and assignment documentation.
Also them ignoring pre-action protocols and giving you an opportunity to come to a reasonable repayment plan, hence possible wasting the court valuable time.

[Horsemad]

Re: Horsemad v Debenhams Storecard court papers - help!

Ok will put it under the 'other information' section as their doesn't appear to be anywhere else to put it. Thanks for your help.

[Horsemad]

Re: Horsemad v Debenhams Storecard court papers - help!

Help! Not sure what this means. Have received a General Form of Order or Judgement dated 23rd September 2009. Its states:
Upon reading the file

1. Claimant to send to Defendant by 20th October 2009 copies of :
a) Credit Agreement
b) Assignment Notice
c) Default Notice

2. In Default Claim struck out

3. Defence struck out & Defendant do file and serve a fully pleaded defence within 21 days of reciving above documents

4. In Default Claimant may enter judgement

5. This order has been made by the Court on its own initiative. The Parties attention is drawn to the right pursuant to CPR 3.3(4&5) to apply to have it set aside, varied or stayed within 7 days of this order.

Dated 22nd September

What should I do??? Do's no. 5 mean I have to have something in by today???

[Curlyben]

Re: Horsemad v Debenhams Storecard court papers - help!

Don't panic, that's the court agreeing with your defence and forcing Cohens to comply with your CPR.
In fact it's really good as they have threatened a strike out if they fail !!

At present you don't have to do anything but WAIT for Cohen's compliance.
They have until 20th Oct to complete this.

[Horsemad]

Re: Horsemad v Debenhams Storecard court papers - help!

PHEW!!!! Went into total panic mode. I thought it meant I had to do something today (7days from 22nd), only just received and opened the bloody thing and I know the local court shuts at 4pm.... Once again, thank you very much. Will wait and see if Cohen's/CL provide me with anything and then update you.

[Curlyben]

Re: Horsemad v Debenhams Storecard court papers - help!

HM, they may well be able to supply the agreement but I think the Notice of assignment (this is FROM the OC) and the Default notice are going to cause them issues.

What a shame

[Horsemad]

Re: Horsemad v Debenhams Storecard court papers - help!

Ok, I received the following from cohens a copy of the agreement, some copy statements, a default notice from GE dated 18/1/09 (which I have never recived), a copy of the deed of assignment between santander cards and cl finance (never received by me) and a notice of assignment from Howard Cohen. Have uploaded these via photobucket, but not sure how to respond to this now. Can you advise best defence please?
------------------------------- merged -------------------------------

Sorry forgot to add these before. Think the agreement itself, could be unenforceable as no credit limit, or rate of amount of payments but your expertise on this matter would be greatly appreciated. Thanks.

[Curlyben]

Re: Horsemad v Debenhams Storecard court papers - help!

Interesting that they now supply the required information.
I must admit I am very concerned about this" deed of assignment", but your pictures haven't come out well enough to read.

[Amethyst]

Re: Horsemad v Debenhams Storecard court papers - help!

Hiya - have taken down your links for now as theres a lot of your personal info on the documents. Just to be safe.

Ame
xx

[Horsemad]

Re: Horsemad v Debenhams Storecard court papers - help!

Are they all really bad? I can take pictures again and re upload if that helps

[Curlyben]

Re: Horsemad v Debenhams Storecard court papers - help!

If you could mail them over to me that would be fantastic..

[Horsemad]

Re: Horsemad v Debenhams Storecard court papers - help!

Hi CB, thanks for your quick reply. Do you mean email them or post them,? I have to have my defence in by 20th. Or can fax them.