Country court claim form from county court business centre help!

[nemesis45]

Re: Country court claim form from county court business centre help!

They have already sent the CCA/CPR requests out Nem Lsfranklin is asking for a responce to send to the Solicitors for the non compliance of the CPR...

Template for non compliance letter is in the library.

nem

[Lsfranklin88]

Re: Country court claim form from county court business centre help!

Hello,

Today I recieved a letter from Restons solicitors which acknowledges my requests.

However it states that under CPR31.14 the documents I requested are not "mentioned" in their particulars of claim and therefore my request does not apply.

What I requested was the contract dated on or about November 17 2008 and the notice of assignment.

Did I do this incorrectly?

I can post a picture if required.

Thank you all for your help so far.

[nemesis45]

Re: Country court claim form from county court business centre help!

Hello,

Today I recieved a letter from Restons solicitors which acknowledges my requests.

However it states that under CPR31.14 the documents I requested are not "mentioned" in their particulars of claim and therefore my request does not apply.

What I requested was the contract dated on or about November 17 2008 and the notice of assignment.

Did I do this incorrectly?

I can post a picture if required.

Thank you all for your help so far.

Well a " Contract" is mentioned and an assignment too.

Yes please let's see the letter(s).

nem

[Lsfranklin88]

Re: Country court claim form from county court business centre help!

That is what i thought.
The exact words i used were:
" * contract dated on or about November 17 2008
* notice of assignment"
in the bullet points in the template letter, i can also upload this, if you need me to please let me know.

Return letter from Restons; https://drive.google.com/file/d/0B-r70TO9-eEvUDIwYkxkczVUMlE/view?usp=sharing

Particulars of claim: https://drive.google.com/file/d/0B-r...ew?usp=sharing

If you need any further pictures or information of the whole letter, please let me know.

[Lsfranklin88]

Re: Country court claim form from county court business centre help!

Any help would be hugely appreciated as I am very aware of the limited time left.

Was something quoted for the letter incorrect or is this restons playing games?

[Lsfranklin88]

Re: Country court claim form from county court business centre help!

Hello

My defence is due by 16:00 on Tuesday so am really worried about what I should do next.

Any help regarding asking for further documents or providing a defence would be great!

Thank you

[Lsfranklin88]

Re: Country court claim form from county court business centre help!

Well a " Contract" is mentioned and an assignment too.

Yes please let's see the letter(s).

nem

Hi,

am am sorry to pester but I think my defence is due by 16:00 tomorrow, I have done 28 days from the claim date.

Any guidance would be great.
The Issue date is 22 Dec 2015 and I acknowledged through the gateway on the 24/12/15.

If if any further information is required following the above please let me know.

[Kati]

Re: Country court claim form from county court business centre help!

:bump: for [MENTION=55034]nemesis45[/MENTION] and [MENTION=6]Amethyst[/MENTION] xx

[Amethyst]

Re: Country court claim form from county court business centre help!

I'm just on my way to cook dinner but here's an example defence to have a look over http://www.legalbeagles.info/forums/...t-Court-Claims - I think you sent the CPr and CCA requests mentioned in it.... see what you think and ask any questions, and I'll be back a bit later, if Nem doesn't get here first xxxxxx

[Lsfranklin88]

Re: Country court claim form from county court business centre help!

I'm just on my way to cook dinner but here's an example defence to have a look over http://www.legalbeagles.info/forums/...t-Court-Claims - I think you sent the CPr and CCA requests mentioned in it.... see what you think and ask any questions, and I'll be back a bit later, if Nem doesn't get here first xxxxxx

Thank you, i have drafted a letter as follows but need help on a couple of bits (i will be removing the bold but advise on these bits in particular);

1: I received the claim XXXXXXXX from the County Court Business Centre on Thursday 24^th December 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 a Credit Card agreement regulated under the Consumer Credit Act 1974.

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 Claimants statement of case states that the account was assigned from Capital One to Cabot Financial (UK) Limited on [No Date is given] What should i put here?. The Defendant does not recall receiving notice of this assignment.

6. It is denied that Capital One served any Default notice on the Defendant pursuant to s87 Consumer Credit Act 1974. The Claimant is required to prove that a compliant Default Notice was served upon the Defendant.

7: On the 31^st December 2015 I sent a request for inspection of documents mentioned in the claimants statement of case under Civil Procedure Rule 31.14 to Restons Solicitors Limited requested the Claimant provide copies of the Contract Dated on or about Nov 17 2008 and the Notice of Assignment (Is this ok, as i recieved the letter as above).

8. Restons Solicitors has stated that these are not “mentioned in their Particulars of Claim.

9. On the 30^th December 2015 I sent a formal request for a copy of the original agreement to Cabot Financial (UK) Limited pursuant to section [77 or 78] I am unsure which section applies of the Consumer Credit Act 1974 along with the statutory £1 fee.

11. The Claimant has failed to comply with [s77 (1) / s 78 (1)] i am unsure which section applies Consumer Credit Act 1974 and by virtue of [s77 (4) / s 78 (6)] i am unsure which section applies Consumer Credit Act 1974 cannot enforce the agreement.

12. 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.

13. 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.

14. 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.

15. 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 .................................................. ....

Any feedback would be appreciated, thank you again.

[Lsfranklin88]

Re: Country court claim form from county court business centre help!

:bump: for @nemesis45 and @Amethyst xx

Hi,

am am sorry to pester but I think my defence is due by 16:00 today i think, I have done 28 days from the claim date.

Any guidance would be great.
The Issue date is 22 Dec 2015
I acknowledged through the gateway on the 24/12/15.

If somebody could let me know if my defence should be in by today at 16:00 or if i am panicking for no reason.
Just waiting for a little help on the defence below.

[Kati]

Re: Country court claim form from county court business centre help!

Hi,

am am sorry to pester but I think my defence is due by 16:00 today i think, I have done 28 days from the claim date.

Any guidance would be great.
The Issue date is 22 Dec 2015
I acknowledged through the gateway on the 24/12/15.

If somebody could let me know if my defence should be in by today at 16:00 or if i am panicking for no reason.
Just waiting for a little help on the defence below.

I believe it is 33 days from date of issue (or 28 days from receipt - with extra 5 days given for service) which would give you until:

From Tuesday, 22 December 2015
Added 33 days
Result: Sunday, 24 January 2016

http://www.timeanddate.com/date/date...aw=&ad=33&rec=

while it would be best to get your defence in early, I'm sure later on in the week will be fine ... although either [MENTION=55034]nemesis45[/MENTION] or [MENTION=6]Amethyst[/MENTION] will be able to confirm that

[Kati]

Re: Country court claim form from county court business centre help!

Thank you, i have drafted a letter as follows but need help on a couple of bits (i will be removing the bold but advise on these bits in particular);

1: I received the claim XXXXXXXX from the County Court Business Centre on Thursday 24^th December 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 a Credit Card agreement regulated under the Consumer Credit Act 1974.

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 Claimants statement of case states that the account was assigned from Capital One to Cabot Financial (UK) Limited. The Defendant does not recall receiving notice of this assignment.

6. It is denied that Capital One served any Default notice on the Defendant pursuant to s87 Consumer Credit Act 1974. The Claimant is required to prove that a compliant Default Notice was served upon the Defendant.

7: On the 31^st December 2015 I sent a request for inspection of documents mentioned in the claimants statement of case under Civil Procedure Rule 31.14 to Restons Solicitors Limited requested the Claimant provide copies of the Contract Dated on or about Nov 17 2008 and the Notice of Assignment (Is this ok, as i recieved the letter as above). Both the contract and assignment ARE mentioned in the PoC (see attached screenshot) so this is fine.

8. Restons Solicitors has stated that these are not “mentioned in their Particulars of Claim. See above ... they are

9. On the 30^th December 2015 I sent a formal request for a copy of the original agreement to Cabot Financial (UK) Limited pursuant to section [77 or 78] I am unsure which section applies of the Consumer Credit Act 1974 along with the statutory £1 fee.

11. The Claimant has failed to comply with [s77 (1) / s 78 (1)] i am unsure which section applies Consumer Credit Act 1974 and by virtue of [s77 (4) / s 78 (6)] i am unsure which section applies Consumer Credit Act 1974 cannot enforce the agreement.

12. 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.

13. 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.

14. 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.

15. 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 .................................................. ....

Any feedback would be appreciated, thank you again.

See my replies in RED above I'm sure Nem or Ame will be able to advise you on which section you need to put :nod:

[Lsfranklin88]

Re: Country court claim form from county court business centre help!

See my replies in RED above I'm sure Nem or Ame will be able to advise you on which section you need to put :nod:

Thank you for the feedback, that is excellent.

In regards to Restons letter stating it was not "mentioned" and they will therefore not be providing it as per the picture. Is there anything i need to write for this?

[Kati]

Re: Country court claim form from county court business centre help!

Thank you for the feedback, that is excellent.

In regards to Restons letter stating it was not "mentioned" and they will therefore not be providing it as per the picture. Is there anything i need to write for this?

It's worth mentioning at least ... it sounds like they don't even know what is in their PoC xx