County Court General Form of Judgement or Order says... 1. Allocate 'Small Track' 2. Use 'Small Claims Mediation' service. Hearing date set on the Small Claims Track for 17th March. Initially reply required to have this set aside, varied or stayed within 7 days - dated 16th January so must respond tomorrow to be within ideally:)

OK can anyone cast an expert eye over the attached please:-D...I seek swift response to advise if HC Cohen have correctly complied? Also a couple of statements...which you will see include a regular monthly protection scheme. Cant recall the detail sorry:-| - but in view of the amount of cover seems steep, anyone comment/advise please. A useless protection scheme:mad: ...a quick reckon up means its cost around £400 since June 06!

Update...letter from Cohens - inviting I withdraw defence....hmmm Enclosed with this... i) poor photocopy of credit application agreement ii) statement reprint request (incomplete) iii) ...plus I noticed a protection scheme incurring a regular monthly cost I could do with guidance to confirm if its what I requested...please

WonkeyDonkey, I am in debt to the collective on CAG and their support which gave me the confidence to challenge unfair practices that seems to be the norm these days. No claim to have any more knowledge than others, but just sorry I had not found it sooner - I was totally intimidated by DCA some years ago who used all the bullying and forceful tactics. A very worrying & frightening place with little or no formal advice or legal experience. So I know how badly things can go..... but what do you do between a rock and a hard place? Read and research all you can its really all here...honestly....my actual response if on the 2nd page of this thread just page back to view it....and all the very best with your actions.

As was suggested I am now referred to local court following 'Small Claims' track with an AQ to fill out....

Hi WonkeyDonkey, Best answer I can give is to re-read P2 responses - very helpful but specifically from 42man. You can use his template. Also scan CAG for similar cases you'll find what you need, Above all else ensure you submit everything on time. Be aware if your Defence is too long you may not be able to submit online (MCOL), check if your Court allows it to be sent via Fax, mine did. Best of luck!

Thanks creditcardmug, that makes 33 (working) days - Weds 12th Nov. Will follow up with the court on the day, presuming nothing else has been communicated.

Keeping a watchful eye on calendar reminders as they pass....so far nothing from anyone (HC Cohen or County Court). Is formal notification provided by Court to acknowledge change(s) in status? Should I request an update?......can anyone provide assistance? Thanks

creditcardmug well errr...ooops...much embarrassment I didnt get that...

Forgive me I am not familiar with the terminology....'subbing' means.... Perhaps sub-contracting to another... or something else?

Court have responded to acknowledge receipt of my defence. They will now pass this onto CL Finance to 'resolve' the dispute. CL finance have 28 days to contact court to proceed if not it becomes 'stayed'. So I sit tight and wait for 4 weeks.....

So I wait patiently. Anyone know how long it normally takes, I'm keen to gauge how it went....or are formal communication all done y post usually? Anyone......:?

Thanks 42man, your excellent suggested 'defence response' letter. Further to this another worth consideration as it fits nicely inside the MCOL limit of 8000 max characters limit is below. (Filling own specific details as appropriate) For reference... In the xxxxxxxx County Court Claim number xxxxxxxxxxxx Between xxxxxxxxxxxx - Claimant and xxxxxxxxxxxx - Defendant Defence I am xxxxxxxxxxxxxxxxxx, of xxxxxxxxxxxxxx, and I am the Defendant in this matter. Except where otherwise mentioned in this defence, I neither admit nor deny any allegation made in the claimants Particulars of Claim and put the claimant to strict proof thereof. The Defendant is embarrassed in pleading to the Particulars of Claim as it stands at present, inter alia: - The claimants’ particulars of claim discloses no legal cause of action and they are embarrassing to the defendant as the claimant's statement of case is insufficiently particularised and does not comply or even attempt to comply with CPR part 16. In this regard I wish to draw the courts attention to the following matters; a) The Particulars of Claim are vague and insufficient and do not disclose an adequate statement of facts relating to or proceeding the alleged cause of action. No particulars are offered in relation to the nature of the written agreement referred to, the method the claimant calculated any outstanding sums due, or any default notices issued or any other matters necessary to substantiate the claimant’s claim. b) A copy of the purported written agreement that the claimant cites in the Particulars of Claim, and which appears to form the basis upon which these proceedings have been brought, has not been served attached to the claim form. c) A copy of any evidence of both the scope and nature of any default, and proof of any amount outstanding on the alleged accounts, has not been served attached to the claim form. 4. Consequently, I deny all allegations on the particulars of claim and do not know what case I have to meet. 5. In respect of that which is denied, on xx/xx/xxxx I requested that the claimant provide a true copy of the executed credit agreement, which they claim exists between parties pursuant to section 78(1) Consumer Credit Act 1974. The Consumer Credit (Prescribed Periods for Giving Information) Regulations 1983 (SI 1983/1569) sets out that the claimant must comply with such request in 12 working days of receipt of such request. Further to the case, on xx/xx/xxxx 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 list of charges applied to the account. To date the claimant has ignored my request under the Civil Procedure Rules, 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 It is neither admitted nor denied that any Default Notice in the prescribed format was ever received and the Defendant puts the Claimant to strict proof that said document in the prescribed format was delivered to the defendant. Notwithstanding point 8, I put the claimant to strict proof that any default notice sent to me was valid. I note that to be valid, a default notice needs to be accurate in terms of both the scope and nature of breach and include an accurate figure required to remedy any such breach. The prescribed format for such document is laid down in Consumer Credit (Enforcement, Default and Termination Notices) Regulations 1983 (SI 1983/1561) and Amendment regulations the Consumer Credit (Enforcement, Default and Termination Notices) (Amendment) Regulations 2004 (SI 2004/3237) Failure of a default notice to be accurate not only invalidates the default notice (Woodchester Lease Management Services Ltd v Swain and Co - [2001] GCCR 2255) but is a unlawful rescission of contract which would not only prevent the court enforcing any alleged debt, but would also give rise to a potential counterclaim for damages where damage occurs to my credit rating (Kpohraror v Woolwich Building Society - [1996] 4 All ER 119) Without Disclosure of the relevant requested documentation I am unable to asses if I am indeed liable to the claimant, nor am I able to asses if the alleged agreement is properly executed, contain the required prescribed terms, or correct figures to make such an agreement enforceable by virtue of s127 Consumer Credit Act 1974 In view of the matters pleaded above, I respectfully request that the court gives consideration to whether the claimant’s statement of case should be struck out as disclosing no reasonable grounds for bringing the claim, and/or that it fails to comply with CPR Part 16. Alternatively, I respectfully request a stay in proceedings until such time as the claimant complies with the requests outlined in paragraph 6 above or until the court orders its compliance with the same. I will then be in a position to file a fully particularised defence and counterclaim and will seek the courts permission to amend my statement of case accordingly. In addition I respectfully request that the court consider ordering this agreement unenforceable pursuant to s127 (3) of the Consumer Credit Act 1974 for the reasons previously stated. In addition it is drawn to the courts attention that schedule 3, s11 of the Consumer Credit Act 2006 prevents s15 repealing s127 (3) of the 1974 Act for agreements made before s15 came into effect since the agreement is alleged to have commenced on xx/xx/xxxx the Consumer Credit Act 1974 is the relevant act in this case. Statement of Truth I, XXXXXXXXXX, believe the above statement to be true and factual Signed ………………… Date

42man advice was from Northmapton County Court, I should trust this to be true.....or not? They record calls etc, etc surely it must be correct. Anyone else an opinon on this:confused:

It is permitted to Fax details if it cannot fit withing limits of MCOL. I called and was advised by Northampton CC helpline this is possible.

Confirmed I have to present defence before 29th September...phew that was close

OK, thanks 42man probably best confirm with court to be 100%...unless anyone else can provide a definitive 'yes'...

Dates: claim issued 26th Aug 2008, AoS into court & processed 1st Sept 2008....

Can I just check - anyone to confirm days I have to file a defence?? Is it 28 days or (28 + 5) 33 days? Also is it possible to submit all my correspondance via MCOL. Absolutley zip from CL Finanace / HC Cohen, nothing out of the ordinary by all accounts....

Thanks 42man & blind-as-a-bat. Needed to be sure I am taking all the right steps, I know what tricky devils they can be from the threads I have read. I will read your threads a little later blind-as-a-bat...any inspiration is good;)

Bump... anyone??

Nothing back from H C & Co...acknowledged the court to confirm I wish to prepare a defence. Now what is the next step for me when 28 days(4 weeks) after 26th August are up (Sept 23rd)?

Thanks guys appreciate your support on this. The CPR18 was posted, I guess wait and mark off the days until they comply or not....:-| Keep you posted of any changes as and when. Triple D

I have in the past operated an A&L bank account it was opened but used infrequently and eventually was closed by them - kept getting overdrawn charges and penalties etc etc:mad: The main reason it went 'bad' was mainly the charges...can I reclaim charges even though it is now closed? Thanks;-)

Canbrilla, Well thats nice to hear:) Unfortunately much history on here to the contrary shows others were not quite so lucky....