Country court claim form from county court business centre help!

[Lsfranklin88]

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

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

Any idea about how I should word it?

Also just need a little clarification about which sections are applicable if anyone is free?

[Kati]

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

[MENTION=55034]nemesis45[/MENTION] or [MENTION=6]Amethyst[/MENTION] should know (I've tagged them) ... :sorry: I'm still learning xx

[Lsfranklin88]

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

Don't be silly, thank you so much Kati you have helped me so much already!

Just need the sections and confirmation that the date is OK of Sunday.

[Kati]

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

Don't be silly, thank you so much Kati you have helped me so much already!

Just need the sections and confirmation that the date is OK of Sunday.

I know the date's OK (33 days from issue, 28 from receipt) ... it's just the sections I have problems with xx

[Amethyst]

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

Evening xx Reading back a tic xx

[Lsfranklin88]

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

I know the date's OK (33 days from issue, 28 from receipt) ... it's just the sections I have problems with xx

Excellent, that is great news!
You are so helpful, everyone needs a hand occasionally! Thank you again

[Amethyst]

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

Okay Capital one is a credit card - so a running credit agreement - which is section 78 of the Consumer Credit Act http://www.legislation.gov.uk/ukpga/1974/39/section/78 - so you want to quote s.78(1) and s.78(6)

78(1) says you can send a formal request and they must send you a copy of the credit agreement

78(6) says if they don't they can't get judgment against you

.... basically

[Kati]

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

OK ... s78 is Credit Cards, s77 is loans

so put s78 in there (?)

OR (as [MENTION=2]Celestine[/MENTION] suggested) you could just put "s.77-79 CCA 1974" xx

- - - Updated - - -

beat me to it [MENTION=6]Amethyst[/MENTION] xx

[Amethyst]

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

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 and the Notice of Assignment

8. Restons Solicitors has responded to this letter stating that these are not “mentioned in their Particulars of Claim.However the statement of case states; " the claimant claims payment of the overdue balance due from the Defendant(s) under a contract between the Defendant(s) and Capital One dated on or about Nov 17 2008 and assigned to the Claimant. ". This clearly mentions a contract between the Defendant and Capital One dated November 17th 2008.

[Lsfranklin88]

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

Okay Capital one is a credit card - so a running credit agreement - which is section 78 of the Consumer Credit Act http://www.legislation.gov.uk/ukpga/1974/39/section/78 - so you want to quote s.78(1) and s.78(6)

78(1) says you can send a formal request and they must send you a copy of the credit agreement

78(6) says if they don't they can't get judgment against you

.... basically

that is great, thank you.

Any ideas what to write in regards to Restons response of not mentioned in the PoC?

already answered above thank you.

So so following this, the court would give the claimant 28 day to reply then I have to contact the court to find out what has happened or do I get notified?

[Amethyst]

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

OK ... s78 is Credit Cards, s77 is loans

so put s78 in there (?)

OR (as [MENTION=2]Celestine[/MENTION] suggested) you could just put "s.77-79 CCA 1974" xx

- - - Updated - - -

beat me to it [MENTION=6]Amethyst[/MENTION] xx

Yep sometimes I revert to 77-79 - particularly for really vague claims for original creditors like Lloyds ... as it could be for anything and it kind of backs up how vague their claim is .... but as Capital One only do credit cards you're quite safe just going with s.78 xx

[nemesis45]

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

Any idea about how I should word it?

Also just need a little clarification about which sections are applicable if anyone is free?

I'm your CPR 31 .14 paragraph add Restons solicitor refused to supply the Notice of Assignment
as the claim that the assignment is not mention in the statement of claim. ( Restons letter exhibit x)

nem

[Lsfranklin88]

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

Hi,

Thank you everyone for your help. I sent in my defence and got an acknowledgement from the court stating the claimant had 28 days.

Yesterday I got a letter from Cabot stating they did not get a properly constituted s78 request, and that I should provide proof of the documentation evidence that one was made and the fee was paid.

They the. State it is "a simple debt recovery action and the relevant facts are:" then go on to explain that I should have the documentation for everything. I can post a picture is required and do not know if I have to respond to this and if so how/when.

[Lsfranklin88]

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

Hi,

Just wondering if I should send proof of the letter and as they are passing the responsibility for the documents back to me is this right?

My defence was the 24th January and they have 28 days, just wondering when I have to respond by?

Thank you

[nemesis45]

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

Hi,

Just wondering if I should send proof of the letter and as they are passing the responsibility for the documents back to me is this right?

My defence was the 24th January and they have 28 days, just wondering when I have to respond by?

Thank you

Did you use the template from the LB library for the CCA request? Did you send the £1 statutory fee?

nem