Thanks. i did mention this to someone who said that the claim wasnt the issue. The fact is the policy would only pay for 12 months so therfore i paid £18500 for something that i could have just subsidised myself. Got to say i think you are probably right, but the issue is was the policy missold in the first place?

I have acknowledged both and in the defence of the second one i wrote the following. Please note that the claimant has registered this claim twice and is also under no 9XY28084. Upon contacting the court i was informed that the claim relates to 9XY28083 which i intend to contest in full and have registered this. Can i now elaborate on that and send the same defence to each claim?

I took a large loan with Firstplus about 7 years ago and regretted it since day 1. The PPI premium was something in the region of £18,500 and my monthly payments were in excess of a £1100 per month including the PPI. I did make a claim against them when suffering a back injury and my payments were made for about 3 months. Eventually the strain of the payment forced me into remortgaging my property and ditching Firstplus once and for all. After paying over £36000 in premiums to them i still owed substantially more than i borrowed and i was just glad to lose the debt. Does anyone think i should pursue a claim as i had no idea what i had signed up for at the time? I sent them a SAR about 30 days ago, they have cashed the Postal order but nothing arrived yet.

The letter i sent was CPR 31.14 not 21 as i stated earlier.

Hi, if you click on the link, it allows you to enlarge the document. The date on the forms was 24th March. As far as the other questions are concerned i have no records of any of the documents but that does'nt necessarily mean they didnt send them. Cohens have said that they will contact the court to have one of the claims removed.

The purchase was a lounge suite in 2002 and financed by GE. The only document i received was the default notice, but it wasnt recorded and they probably have no record. I sent Cohens a CPR21.14 and they sent a letter which is on the link below. http://i599.photobucket.com/albums/tt78/hitchy1_2009/cohen.jpg

They both have the same date. I contacted them and after a bit of a stand off they said they would withdraw one of them. I acknowledged service on both. The assistance i now need is on how to draft the correct letter for defence. Thanks

The letter i sent was as follows *CPR 31.14 Request* On 25/3/09 I received the Claim Form in this case issued by you out of the Northampton County Court. I confirm having returned my acknowledgement of service to the court in which I indicate my intention to contest all of your claim. Please treat this letter as my request made under CPR 31.14 for the disclosure and the production of a verified and legible copy of [each of the following / the] document(s) mentioned in your Particulars of Claim: 1 the agreement. You will appreciate that in an ordinary case and by reason of the provisions of CPR PD 16 para 7.3, where a claim is based upon a written agreement, a copy of the contract or documents constituting the agreement should be attached to or served with the particulars of claim and the original(s) should be available at the hearing. Further, that any general conditions incorporated in the contract should also be attached. 2 the assignment* 3 the default notice* Although your claim is for a sum which is not more than £5,000.00 and will in all likelihood be allocated to the small claims track for determination upon my delivering a defence, at this moment in time I have not delivered my defence and the case has not been allocated to a track. In consequence the provisions of CPR 27(2) are of no effect and you should not seek to avoid compliance with your CPR 31 duties by claiming otherwise You should ensure compliance with your CPR 31 duties and ensure that the document(s) I have requested are copied to and received by me within 7 days of receiving this letter. Your CPR 31 duties extend to making a reasonable and proportionate search for the originals of the documents I have requested, the better for you to be able to verify the document's authenticity and to provide me with a legible copy. Further, where I have requested a copy of a document, the original of which is now in the possession of another person, you will have a right to possession of that document if you have mentioned it in your case. You must take immediate steps to recover and preserve it for the purpose of this case. Where I have mentioned a document and there is in your possession more than one version of that same document owing to a modification, obliteration or other marking or feature, each version will be a separate document and you must provide a copy of each version of it to me. Your obligations extend to making a reasonable and proportionate search for any version(s) to include an obligation to recover and preserve such version(s) which are now in the possession of a third party. In accordance with CPR 31.15© I undertake to be responsible for your reasonable copying costs incurred in complying with this CPR 31.14 request. If you require more time in which to comply with this request you must tell me in writing. You must tell me before the time for compliance with this request has expired. In telling me you require more time you must tell me what steps you have taken and propose to take in order to comply with this request and also state a date by when you will comply with this request. In addition your statement must be accompanied with a statement that you agree to an extension of the time for me to file my defence. Your extension of time must be not less than 14 days from the date when you say you will have complied with my request and you must state the new date for filing my defence. If you are unable to comply with this request and believe that you will never be able to comply with this request you must tell me in writing. Please note that if you should fail to comply with this request, fail to request more time or fail to agree to an extension of time for the filing of my defence, I will make an application to the court for an order that the proceedings be struck out or stayed for non-compliance and a summary costs order. I do hope this will not be necessary and look forward to hearing from you.

removed - dx

Date on form is 24th March. I ticked the box that i intended to defend all of the claim on 25th March online, but i have not yet submitted one. I will prepare something along the lines of the advice received and post it on the forum for further advice. Thanks

I wonder if someone could help me with a legal defence. Received court papers twice for same case from Cohens solicitors. Alleged debt from DFS which was sold to CL Finance. I have registered an AOS and intention to defend in full. Dont know if i have to defend twice or contact court to ask for guidance. Particulars of claim are such The claimants claim is for the sum of XXX being monies due to the claimant under a regulated credit agreement between the defendant and GE Capital bank Ltd under reference XXXXXX and assigned to the claimant on the 13th Dec 2006 notice of which has been given to the defendant. The defendant has failed to make payment in accordance with the terms of the agreement and a default notice has been served upon the defendant pursuant to section 67(1) of the consumer credit act 1974 I sent a CPR to Cohens and have received a letter back as below stating that they do not need to provide the evidence. What is my next courseof action? Pictures by hitchy1_2009 - Photobucket

I checked the court paperwork today and they have issued the same claim twice on different numbers but for exactly the same amount. I have responded and stated that i intend to defend in full. My problem now is i dont know how to progress now that they have refused CPR 31.14. If someone can help i would be grateful.

Do i send a CCA request and a pound or do i send the same letter i sent to Capital one?

Thanks, i phoned Capquest this evening and asked them why they were sending letters when i had requested info from Capital one. They stated that i should send the same letter to them, but im thinkiing that as their letter arrived after i sent my request to Capital one i will just ignore it.

Have been getting letters from Capquest on behalf of Capital one which prompted me to send the letter below by recorded delivery. I write with regards to the above account with your organisation. I respectfully request that you provide me by return a copy of the credit agreement which bears my signature. I require this as i have reason to believe that there may be discrepancies within the agreement which may leave it improperly executed. obviously if the agreement is improperly executed i would be entitled to ask the court to consider the agreement and make a declaration of the rights of parties to the agreement. I must stress this request is NOT made pursuant to section 78 Consumer Credit Act 1974 but is made pursuant to the Civil Procedure Rules ( Pre action protocols and Part 31.16) and therefore an unsigned copy will not suffice, only a copy of the original contract in its unaltered form will suffice in these circumstances Please confirm if you still hold a copy of my signed agreement and that you will provide me with this document. I do not view this as an unreasonable request given that by supplying the document which i have asked for it will allow me to assess if my case has merit and will help to resolve matters possibly without the need to involve the court and will undoubtedly save costs on both sides I look forward to your reply and would ask for a response by 4pm on 17th April 2009 Today i received a notice from Capquest stating CREDITORS NOTICE and on completely red paper for effect. Threat is unless i pay within 7 days County Court action may be taken. Any advice would be welcome.

Thanks. but what is my defence? and do i have to submit it now or send them another letter?

I have today received the following response from Cohens, Any advice? i dont think they have the documents. Pictures by hitchy1_2009 - Photobucket

Not got a thread for this, i originally just responded to yours and have followed it with interest. I will search for advice on the forums and start new thread.

This is really good news. I will await your final outcome and then i might investigate to see if i can appeal against mine. To be fair i do have the original agreement, but im annoyed that i never missed an agreed payment and they still got the charging order.

Hi it was dated the 28th Feb with a response (in form of payment) by the 15th March.

I have actually found a copy of the default notice, so presume i take that out of the letter?

Thanks very much. Letter has been written and will send recorded delivery tomorrow. Will keep you informed.

Thanks, i have just completed the online form to defend the claim. Do you know where i can get a sample letter to send to the solicitors?

Its written as below. The claimants claim is for the sum of XXX being monies due to the claimant under a regulated credit agreement between the defendant and GE Capital bank Ltd under reference XXXXXX and assigned to the claimant on the 13th Dec 2006 notice of which has been given to the defendant. The defendant has failed to make payment in accordance with the terms of the agreement and a default notice has been served upon the defendant pursuant to section 67(1) of the consumer credit act 1974