Patricia Pearl - Small Claims Procedure - A Practical Guide


An excellent guide for the layperson in how to use the County Court - a must if you are intending to start a claim.

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  1. #1
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    Default Help

    Hiya all

    Sent my S.A.R off last night but i dont know what i should do now as i got an N1 in the post today i got 14 days to respond what do i do now

    Regards

    Pompeyfaith


  2. #2
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    Default Re: Help

    Hi Pompeyfaith,
    If you intend to defend the claim then you must file an acknowledgmenticon of service ASAP. This allows you a further 14 days (28 days from date of service) to prepare your defence. The accompanying N9B form is the one you use for this. Others far more knowledgable will be along shortly I'm sure...but that is your first step if you have grounds to defend.


  3. #3
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    Default Re: Help

    Hi
    You need to be sure that you've got your dates right in respect of when the AoS and defence needs to be filed. For example, if you receive a Court claim with an issue date of the 12th July 2008, you are given 5 days for service (delivery) so that takes you to the 17th July. You then have a further 14 days to file your AoS and if you need a further 14 days to file the defence, that is available to you. So in all, you get 33 days in total. If you are unsure, either post up the issue date here, or ring the Court ASAP, the number is on the front of the claim formicon, on the right hand side tiny print.
    With regards to your intentions and if you intend defending then you need to do CPR 18 request again ASAP and give them 14 days to respond.Subject to their complience this will form the basis of your defence beit an holding defence or final.

    I trust the above is of help

    Regards
    Andy

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    Default Re: Help

    Here is the CPR 18 request

    In the XXXX county courticon
    Claimant -v- (YOUR NAME)
    Claim Number: (CLAIM NUMBER)


    Dear XXX

    REQUEST FOR INFORMATION CPR 18

    I have received a recent court claim from your organisation. In order to file a defence and counter claim I require some information. Given that this matter is now the subject of legal proceedings, you are obliged to disclose under the Civil Procedure Rules, the information and documents detailed below.

    The information must be furnished within fourteen days of the receipt of this letter. If you fail to comply, this will be reported to the Court, a copy of this letter will be provided as evidence to the same and an Order enforcing your compliance will be sought.

    1. A true copy of the executed credit agreement and any terms and conditions that applied to the account at the time of default and at the time the account was opened. True copies of any notice of assignment and/or default notice or enforcement notice that you or the original creditor sent me, with a copy of any proof of postage that you hold.


    1.1 If copies of any of the above documents are to be relied on in court rather than originals, a copy of the Notice of proposal to adduce hearsay evidence required under s2(1) of the Civil Evidence Act 1995 together with proof of the authenticity of the document(s) as required under s8(1)(b) of the Act, including but not limited to:

    (a) a copy of the procedure(s) used for copying, storing and retrieving documents
    (b) a copy of the relevant log entry showing the time and date of the scan or copy, the name of the member of staff making the copy, the method used for copying, storage and retrieval and time and date of destruction of the original document(s)

    (c) copies of internal and external audit reports covering the entire period from the date of the copy to the present to demonstrate that the procedures have been complied with
    (d) copies of Quality Assurance accreditation certificates covering the entire period from the date of the copy to the present to demonstrate that the procedure(s) and audit process(es) comply with the appropriate quality standards


    2. All records you hold on me relevant to this case, including but not limited to:

    a. Transcriptions of all telephone conversations recorded and any notes made in relation to telephone conversations by your company, or by any previous creditor
    b. Where there has been any event in my account history over this period which has required manual intervention by any person, I require disclosure of any indication or notes which have either caused or resulted in that manual intervention, or other evidence of that manual intervention in relation to my account formerly held with *********.(AMEND TO THE COMPANY NAME)
    c. .Documents relating to any insurance added to the account, including the insurance contract and terms and conditions, date it was added and deleted (if applicable).
    d. Details of any collection charge added to the account; specifically, the date it was levied, the amount of the charge, a detailed financial breakdown of how the charge was calculated, and what the charge covers.
    e. Specific details of the fees/charges levied by any other agency in respect of this account and a detailed breakdown of said fees/charges and what each charge relates to and on what date said fees/charges were levied.
    f. A genuine copy of any notice of fair use of my data as required by the Data Protection Act 1998
    g. A list of third party agencies to whom you have disclosed my personal dataicon and a summary of the nature of the information you have disclosed.
    h. Copies of statements for the entire duration of the credit agreement.


    3. Any other documents you seek to rely on in court.


    I will require this information within the next fourteen days. I must advise you that if the information is not forthcoming, it will be reported to the Court that you are trying to frustrate proceedings and denying me the opportunity to file a defence and counter claim.

    Yours sincerely,

    XXXX (type, don't signicon).

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  5. #5
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    Default Re: Help

    Quote Originally Posted by pompeyfaith View Post
    Hiya all

    Sent my S.A.R off last night but i dont know what i should do now as i got an N1 in the post today i got 14 days to respond what do i do now

    Regards

    Pompeyfaith

    Hi there

    Right, before you go filing the acknowledgement of service, can i ask what the claim is for? credit card, loan etc .what are the particulars of claim? have they served upon you a copy of the credit agreement ?

    sorry for the questions but we need to establish grounds for defending the claim first


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    Default Re: Help

    It is for an MBNAicon credit card they want just under 7000 i sent my S.A.R off to them the day before the N1 arrived on my doorstep I am defending because they added PPI onto my card which was mis-sold as i did not ask for it plus it would not have paid out due to a serious stroke i had in 1990 they have also over a period of time ramped up the APR or rather the monthly interesticon rate. I also have isuses with OPTIMA LEGAL which is in the hands of the Information Commissioners Office due to them breaking date protections laws they sent me a 10 page document of all my phone callsicon but the last page was not for me it was a letter to one of there employees from a director detailing a pay rise!!!!!!!!!!! who do i send the CPR 18 too MBNA or OPTIMA LEGAL

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  7. #7
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    Default Re: Help

    oh may i add the N1 came from Northampton court and i read somewhere on here that DCAicon,s use Northampton because they dont need to produce a credit agreement. so does that mean possibly they ain't got one ??????.

    I dont know if it makes any difference but I'm still on incapacity benefit awaiting the outcome of DLA my wife gets carers allowance as she looks after her mum who lives with us would we be classed as in financial hardship

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  8. #8
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    Default Re: Help

    Hi there

    yes these DCAs dont like to use the normal county courticon and tend to favour Northampton so they dont have to supply the agreement etc

    that said, it doesn't necessarily mean that they dont have it

    you need to send the part 18 request to Optima if they are the people representing MBNAicon

    How old is the credit card? is it a recent one or is it a few years old?

    Regards

    Paul


  9. #9
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    Default Re: Help

    IVE had the card for about 4 yrs now not sure if it is relevant but should they have send me an lbaicon first as i did not recieve one.


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    Default Re: Help

    yes you should have received a lbaicon giving you atleast 14 days notice of intended litigation


  11. #11
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    Default Re: Help

    ok well i did not get one of those so it sounds like i have good grounds for a defence is an lbaicon in law in other words in the eyes of a judge they have broken laws in not sending me an LBA


  12. #12
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    Default

    I got an N1 from Northampton ccbc dated 11th July 08, but i did not get an lbaicon from optima legal the account is with MBNA which is in dispute due to them not refunding PPI which was mis-sold i am also disputing the ramping up of interesticon on the account.

    I need to file my defence with MCOL tonight and as i understand it send a part 18icon to OPTIMA LEGAL but where do i stand in regards to not receiving an LBA.

    Also can i use optima legals failings in my defence i.e No registered address on there letterheads and a letter to one of there employees detailing a pay rise which they sent me yup there data protection is -hite

    Regards


    Pompeyfaith

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  13. #13
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    Default Re: Please HELP TIME running out

    If the N1 is dated 11th July then you have 14 days to acknowledge then a further 14 to submit your defence

    Any typos spelling mistakes are due to leprechauns in my keyboard they move the letters around sometimes (amended just for Bookie)

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  14. #14
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    Default Re: Please HELP TIME running out

    You have 5+14 days from the date on the claim to file your ACKNOWLEDGEMENT of SERVICE with the court, you then have a further 14 days in which to file your defence.
    So send a CPR request to the other side asap by recorded and do not signicon it just print, then file your AOS


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    Default Re: Please HELP TIME running out

    thanks for that saintly but what about the lbaicon i did not recieve do i just use that in my defence ?

    And can i use this: Also can i use optima legals failings in my defence i.e No registered address on there letterheads and a letter to one of there employees detailing a pay rise which they sent me yup there data protection is -hite

    Regards


    Pompeyfaith

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  16. #16
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    Default Re: Please HELP TIME running out

    Ok ive prepared my CPR 18 can someone prove read it for just to make sure what im sending is right Thank you






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  17. #17
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    Default Re: Please HELP TIME running out

    Im no expert but I think you should remove any personal details ie name and claim no from what you have posted


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    Default Re: Please HELP TIME running out

    OPS! sorry about that personal details removed

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    Default Re: Please HELP TIME running out

    Anyone got the address i send the cpr too i mean is there a person who deals with this or will just optima legal do


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    Default Re: Please HELP TIME running out

    Ok ive been on MCOL and done my AoS and sent a CPR 18 to Optima Legal but from reading other theads if im right i should of got a POCicon ,lbaicon and default notice first which i did not get all i have recieved is the usual demands for payment then the N1.

    What is my next step do i just wait 14 days for a reply to my CPR 18 ??

    Regards


    Pompeyfaith

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