Thread: Help Needed with court papers

Hi guys help needed if possible, CL Finance/ Howard Cohen are taking me to court and a date has been set I need to get copies of all paper work together for them and the court; they have to receive them before next week. Can you please check my defence is ok and is there any thing else that I need to add. All I have received from Cohen’s is an Account application form and nothing else. Many thanks in advance, Lushni.


CL Finance V xxxx xxxx




Claim Number – xxxxxxxx

In Northampton Court


my house
Post code


Dear Sir or Madam,

RE: FAILURE BY CLAIMANT TO PROVIDE INFORMATION

I would like to inform the court of some difficulties that I am experiencing
with this claim, which may prevent me filing a fully particularised defence
and counter claim to this action, and may consequently frustrate proceedings.

On 18th of September, I sent the claimant a formal request under the consumer credit agreement, for account. I requested a copy of the credit agreement, a statement of account, and copies of the relevant terms and conditions. I have still not received this information. Can I also bring to your attention this was well before CL Finance started court proceedings.

On 29th of October, I also sent a request under the Civil Procedure Rules, for the claimant to send me information in respect of account in the claim, that I consider is vital in order to produce a defence and counter claim. The letter was sent as I had no response to my telephone calls which were made on the 10th and 20th of October.

I ask that the court consider the matter and take any action it deems appropriate.


Yours Sincerely,

DEFENCE

Can I please say that I had requested a copy of any credit agreement on the 18/09/08 this was eleven days before the court order was issued I don’t think this is good practise from CL Finance/ GE money.

I the Defendant denies that he is liable to the Claimant as alleged in the Particulars of Claim, or at all. It is averred that the Claimant has failed to serve a Notice of Assignment in accordance with section 136(1), of the Law of Property Act 1925, in respect of the alleged debt. The amount detailed in the Claimant’s claim, includes penalties charges, which are unlawful at Common Law, Dunlop Pneumatic Tyre Company Ltd v New Garage and Motor Company Ltd [1915], under The Unfair Contract Terms Act 1977 and The Unfair Terms in Consumer Contracts Regulations 1999. Accordingly, the inclusion of penalty charges in the purported Notice of Assignment renders it entirely legally unenforceable. The Claimant has failed to comply with section 136(1) of the Law of Property Act 1925, by furnishing a Notice of Assignment in respect of that which is denied that is inaccurate, W.F.Harrison & Co Ltd v Burke [1956].
The defendant requires sight of the deed of assignment of the debt. In addition the defendant requires proof of service of the Notice of Assignment in accordance with s196 of the Law of Property Act 1925 which is required to give the claimant a legitimate right of action in their own name since it appears this is an assigned debt. the reason the defendant requests this information is inter alia to clarify the dates are correctly stated on all documents , the defendant notes that if there are errors in the assignment it may be rendered in effectual in law per W F Harrison & Co Ltd v Burke and another - [1956] 2 All ER 169


It is therefore averred that the Defendant does not know the case that has to be met and the Particulars of Claim neither disclose any cause of action with any reasonable prospect of success and/or are an abuse of the process of this Court and, in compliance with the Civil Procedure Rules can and should be struck out pursuant to part 3.4 of the same. Furthermore, the Defendant contends that the Claimant’s conduct in issuing this claim is vexatious and amounts to unlawful harassment, pursuant to section 40 of the Administration of Justice Act 1970.

Regarding that which is denied, on the 18/09/2008, a request was made under section 78, running account credit, of the Consumer Credit Act 1974, to obtain a copy of a credit agreement that the alleged debt refers to. It was sent by recorded delivery to House of Fraser/GE Money, with the statutory £1.00 fee enclosed. It was received within a day or two. House of Fraser/GE Money had twelve working days from receipt of the request, in which to furnish a credit agreement, as stipulated in Regulation 2 of The Consumer Credit (Prescribed Periods for Giving Information) Regulations 1983.
In response to the request, a letter dated the 1st may 2008, with an accompanying document was received from House of Fraser/GE Money. It is denied that the document furnished is a copy of a credit agreement. House of Fraser/GE Money has provided an application form which is not a credit agreement within the meaning of sections 60 and 61 of the Consumer Credit Act 1974. Accordingly, having failed to produce a credit agreement within the requisite timescale or at all, the original creditor are in default of said request under section 78(6)(a) of the Consumer Credit Act 1974.

Regarding that which is denied, on 30/10/2008 I requested the disclosure of information pursuant to the Civil Procedure Rules, which is vital to this case from the claimant. The information requested amounted to copies of the Credit Agreement referred to in the particulars of claim and any default or termination notices, a transcript of all transactions, including charges, fees, interest, alleged repayments by myself and payments made by the original creditor. Also any other documents the Claimant seeks to rely on, including any default notices or termination notice, and a copy of the Notice of Assignment required to give the claimant a legitimate right of action. Accordingly, having failed to produce a credit agreement within the requisite timescale or at all, Claimants are in default of said request under section 78(6)(a) of The Consumer Credit Act 1974.


To Date the claimant has failed to comply with my request under the CPR and I have not received any such documentation requested. As a result it has proven difficult to compose this defence without disclosure of the information requested, especially given that I am Litigant in Person. This I know is a very short period of time for them to furnish myself with this request but I really do need this to complete my defence.

The Defendant denies that there has been any failure to make payment in accordance with the alleged contract. The Claimant has failed to produce a copy of a credit agreement in the requisite timescale or at all, and in the absence of such an agreement, which conforms to sections 60 and 61 of the Consumer Credit Act 1974, the Defendant avers that no agreement has ever existed for there to have been any failure to make said payment.

The Claimant, possessing no legal right claim monies allegedly owed, has acted unlawfully in issuing a Default Notice and registering said Notice with Credit Reference Agencies. Such conduct is a breach of the Data Protection Act 1998 and amounts to defamation. Furthermore, the Defendant avers, that the Default Notice is wholly unenforceable, given that the amount claimed regarding that which is denied, contains penalty charges, which are unlawful at Common Law, Dunlop Pneumatic Tyre Company Ltd v New Garage and Motor Company Ltd [1915], under The Unfair Contract Terms Act 1977 and The Unfair Terms in Consumer Contracts Regulations 1999.

The Claimants have not established any legal right to issue a claim or proven that any debt exists. The Claimants are not entitled to claim contractual interest @ xx% per annum as they have not established a legal right to issue a claim or proven that any debt exists


It is the Defendant’s position that the Claimant’s claim is entirely spurious and without merit and should be struck out for the aforementioned reasons.

Hi there,

I am assuming your have done the AOS.

Have you sent the claimant a CPR 31.14 or CPR 18 letter ?

When does your defence need to submitted ?