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zeek06

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About zeek06

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  1. Brief background: 1. Money claim issued against me on 05 July 2017 (over £5k, but less than £10k). 2. Acknowledgement of service filed in with CCBC (Northampton) 3. CPR 31.14 request made to Claiman's Sols 4. CPR 15.5 - Agreed extending deadline for submitting defence to 4pm on 28 August 2017 (next Monday) 5. Agreed Consent Order for dismissing the claim and no order for costs (see attached). 6. The Claimant's Sols agreed (by email!) to submit this to CCBC and pay the £100 application fee once signed by both parties (I am litigant in person, so CPR 40.6(2)(b} does not apply) 7. The Claimant's Sols agree (by email!) to extend the deadline using CPR 2.11 for another 28 days (Note: CPR 2.11 does not apply, because it conflicts with CPR 15.5, which allows for the deadline to be extended by "up to 28 days" - no more, so the Claimant's Sols are telling me porkies!). 8. The consent order signed by both parties and given to the Claimant's Sols to submit to CCBC, together with an application notice and £100 fee. I have proof of delivery as I sent it to the Claimant's Sols via Special Delivery (I kept one original with both signatures on it, the other was given to the Claimant's Sols to submit to CCBC). Questions: 1. Is the attached a valid consent order that can be accepted by the judge if the Cliamant's Sols submit it as is? What about the missing day in the date (it says "DATED this Day in August 2017") - it doesn't have a specific date, though it is dated "August 2017"? 2. If the Claimant, having received the signed Consent Order, do not submit that consent order in time (despite what they are telling me over the phone and by email) and the deadline for submitting my defence passes (28th is a bank holiday, so, in effect, I have until this coming Friday to sort this out) what then? Can they request a default CCJ to be entered against me since I haven't submitted any defence? 3. If the Claimant's Sols tell me that they have submitted the application and the consent order, is there a way I can check this out (they may be lying to buy themselves some time so that they can enter a default CCJ against me)? 4. If they don't submit the consent order and the application, can I do it, having the 2nd signed original copy? Do I have to complete N244 and attach the remaining original of the Consent Order, plus the £100 fee (is it really £100 - I thought it is £200?)? 5. If I can submit the application, can I do this online or via email - would it be quicket than posting it (CCBC has a special email address specific for N244 applications)? If so, how do I attach the signed Consent Order - scan it? What about the payment of £100? 6. If I submit the application and the Claimant do the same what happens then? Which application is the judge going to look at - one (which one?), both or neither? 7. If I submit the application, but the judge do not look at it in time and the deadline of 28th August 2017 for submitting my defence passes what then? Is the Claimant entitled to get a default CCJ against me? 8. The Claimant gave me a lot of promises over email - do these hold any water at all - can I truly rely on them in court (I am thinking I cannot)? Thanks a lot in advance for any advice given, particularly Andy as he is always helpful here! ConsentOrder.pdf
  2. I know it has been been a while since I was here, for the record - I did submit a "strike-out" N244 application and the judge agreed. He first reduced the claimant's claim to zero, then struck it out without further order when they were unable to produce anything. Success! This thread can now be moved to the "success stories" (;
  3. Interesting. That same approach with submitting a similar application seems to have worked when I submitted that with my HSBC credit card - I've got an order by the NCC judge striking out HSBC's claim. So, what should I do: 1. Submit an application to NCC to compell the Claimant to disclose these documents or strike out their claim without further order? 2. Submit my defence (see 2 questions below)? 3. Submit an application and a defence? If I need to submit a defence, do you have any notes/suggestions as to the text I proposed above, particularly the bold part (re: Cliamants "notice")? Timing of submission for the defence: I just did a recalculation: the claim was issued on the 28 June. 28 days (plus 5 days' "service") makes it up to 31 July, not what I initially though 1 August, but that falls on a Sunday. So, am I good if the court receives my defence on 1 August before 4pm? If so, I definitely need to get this sent today around noon before the Post Office closes (dx, to answer your query, I can't use the MCOL service for personal reasons which I won't go into here). Thanks again in advance! Zeek
  4. The question I have asked above is whether it is more sensible to submit an application to the court (with attached draft order) compelling the Claimant to supply these documents or have their case struck out without further order. Could soneone address this and give me the reasons for/against please? If the above is possible, I won't be wasting my time any further with submitting a defence and, more importantly, this case won't reach my local county court as, like previous history on here would suggest, I've had big problems with in the past. It would also allow me to get a proper defence in once I have these documents on hand (if I do not receive them, then their case will be struck out without further order so there won't be any need for me to do anything!). Again, I'd like to know if I could explore that avenue (and if not, why not?). If (and I have to emphasise the 'if') the above is not possible/advisable, my defence (draft) I just prepared follows below. I'd need to send this by noon tomorrow (Saturday, 30/07) - I will not use MCOL. Advice is, as always, most welcome. Thanks! Particulars of Claim 1. The Claim Is for the sum of £535.89 in respect of monies owing Pursuant to an overdraft facility under bank account no XXX 2. The debt was legally assigned by MKDP LLP [Ex:HSBC] to the claimant and notice has been served. 3. The defendant failed to repay overdrawn sums owing under the terms and conditions of the bank account. 4. The Claimant claims: 4.1 The sum of £535.89 4.2 Interest pursuant to s69 of the county court Act 1984 at a rate of 8.00 percent from the 24/05/11 to the date hereof 1857 is the sum of £218.30 4.3 Further interest accruing at the daily rate of £ .12 4.4 Costs Defence The Defendant contends that the particulars of the claim are vague and generic in nature. The Defendant accordingly sets out its case below and relies on CPR r 16.5 (3) in relation to any particular allegation to which a specific response has not been made. 1. It is admitted with regards to the Defendant once having had banking facilities with the original creditor HSBC. It is denied that I am indebted for any alleged debts or balance claimed. 2. It is denied that I have ever been served a Notice of Assignment for any alleged debts pursuant to the Law and Property Act 1925. It is denied that the Claimant has the right to lay a claim due to contraventions of Section 136 of the Law of Property Act and Section 82A of the Consumer Credit Act 1974. The claimant has yet to provide a copy of the Notice of Assignment its claim relies upon. 3.It is denied that any demands for payment have ever been made,the Original Creditor has never served notice pursuant to 76(1) and 98(1) of the CCA1974 4. As per Civil Procedure Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed. The claimant is also put to strict proof to:-. (a) Provide a copy agreement/overdraft facility arrangement along with the Terms and conditions at inception that this claim is based on. (b) Provide a copy of the Notice served under 76(1) and 98(1) of the CCA1974 Demand /Recall Notice and Notice of Assignment. © Provide a breakdown of all excessive charging/fees and show how the Claimant has reached the amount claimed. (d) Show how the Claimant has the legal right, either under statute or equity to issue a claim. (e) Show how they have complied with sections III & IV of Practice Direction - Pre-action Conduct. 5. On receipt of this claim I requested documentation by way of a CPR 31.14 request dated XXX 2016 namely the Agreement and Termination/Demand Notice referred to in the claimants Particulars of Claim Please note: POC state "notice has been served" without specifying whe nature of that notice, so I am including the 2 possible kind of notices here - Termination and Demand notice. If that's not the case, please correct!. The Claimant has failed to comply with this request. By reason of the facts and matters set out above, it is denied that the Claimant is entitled to the relief claimed or any relief.
  5. OK, I've send the solicitors the template Andy was kind enough to provide (I requested all the documents listed there), but, unsurprisingly, received no response from them at all, so I suspect that is good news. Question: Should I file a defence or should I make an application to the court compelling them to send me these documents (and ask the judge to strike out their claim if they don't) or both? If filing a defence is required, could someone assist me with preparing that please? By my calculations, if I need to submit my defence, it has to be received by the court no later than 4pm on 1st August (this coming Monday), which leaves me to send my defence by Saturday noon at the very latest, correct? Many thanks in advance for all the help and assistance received!
  6. What letter? And what does the CCA has to do with anything? I'd like to know. Inspection and copying of documents 31.15 Where a party has a right to inspect a document– (a) that party must give the party who disclosed the document written notice of his wish to inspect it; (b) the party who disclosed the document must permit inspection not more than 7 days after the date on which he received the notice; and © that party may request a copy of the document and, if he also undertakes to pay reasonable copying costs, the party who disclosed the document must supply him with a copy not more than 7 days after the date on which he received the request. (Rule 31.3 and 31.14 deal with the right of a party to inspect a document) Comments please?
  7. "post 10" doesn't address my question. That's all well and good, but it isn't what I asked, so, again: Is there a time limit by which the claimant's solicitors are required to respond to my 31.14 request? Anyone?
  8. Acknowledgement of service done, 31.14 request sent to claimant's solicitors via special delivery and that has been received by them the next day. Is there a time limit to which they are required to respond to this request?
  9. OK, got that, but anyone reading this thread can also read the scanned copy of what I enclosed, right? Anyway, thanks for adding the text to the original post (I still don't quite understand how that is better than enclosing the scanned copy but here we are...) What do you mean? What form should I ignore and why? I've never ever acknowledged anything online at all. If you mean the previous case with HSBC credit card debt, there I sent an acknowledgement of service (that was part of the claimform provided). So, again, should I send an acknowledgement of service? I have absolutely no idea what that means! Care to clarify? Also, could someone address my queries re: the 31.14 request please? Particularly the Demand/Termination notice request (s76 and 98 of CCA1974), as well as the notice of sum in arrears request (s86C CCA2006) included in that CPR 31.14 template. If CCA doesn't apply why use these demands in my CPR 31.14 notice? If I send the CPR 31.14 request how long do HPH2 have to comply with this request and what happens if they don't? Do I prepare a draft notice to the Northampton court for the case to be struck out as I did the last time? I also remember that I've lost quite a lot of time the last time around, so could someone provide me with the complete picture of what needs to be done please? Many thanks.
  10. Thanks dx. POC: I already attached a scanned copy containing those in my original post. Do I have to also retype these? I thought the whole point of scanning a copy and attaching it so that it saves me the typing, right? I also take it from the 31.14 template on this forum, I have to also send acknowledgement of service, correct? Finally, you state this is not covered by CCA, but the 31.14 request template makes quite a lot of references to it. Why is that? Sorry, hit "send" by mistake - the last payment date is on 20/May/2011.
  11. Name of the Claimant ? HPH 2 Date of issue? 28 June 2016 What is the claim for – 1.The Claim Is for the sum of £535.89 in respect of monies owing Pursuant to an overdraft facility under bank account no XXX 2.The debt was legally assigned by MKDP LLP [Ex:HSBC] to the claimant and notice has been served. 3. the defendant failed to repay overdrawn sums owing under the terms and conditions of the bank account. 4.THe Claimant claims: 1.The sum of £535.89 2.interest pursuant to s69 of the County Court Act 1984 at a rate of 8.00percent from the 24/05/11 to the date hereof 1857 is the sum of £218.30 3.Further interest accruing at the daily rate of £ .12 4.costs What is the value of the claim? £884 Is the claim for a current account (Overdraft) or credit/loan account or mobile phone account? Current account/overdraft When did you enter into the original agreement before or after 2007? Before 2007 (2002 if I remember correctly) Has the claim been issued by the original creditor or was the account assigned and it is the Debt purchaser who has issued the claim? HPH2 ltd. Were you aware the account had been assigned – did you receive a Notice of Assignment? I was informed by HSBC that the debt is transferred to MKDP. Did you receive a Default Notice from the original creditor? No, I don't think so. Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? No. Why did you cease payments? Around 2011 when HSBC refused to take the token £1 payments I used to make every month. When they refused, I stopped making them. What was the date of your last payment? 2011 (don't remember the exact date, but can check). Was there a dispute with the original creditor that remains unresolved? Don't think so. Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt managementicon plan? No, never. I am attaching a scanned copy of the claim form with the personal details removed. The claim form was received today so I am posting this straight away to avoid repeating previous mistakes I've made with my HSBC credit card. What I am interested in is whether this overdraft debt is covered by the CCA and what are my chances of winning this case? So, what are my next steps? What should I do? Please note that I won't be able to respond until this coming Sunday (3rd July). Thanks a lot for any help and assistance provided! Zeek
  12. An update that is long overdue - I have paid the amount stated in the claim in full (just under £3k) as I couldn't risk the court staff or the judge of my county court getting involved in any shape or form and messing things up. HSBC subequently discontinued the claim, filing Notice of Discontinuance (N279) - for which I have received a copy - stating that they discontinue all of their claim against me. So, that to me seems the end of the matter and I have not received any notice from the courts one way or another since. I would like to thank all who helped me with this issue for the past many months (andyorch deserves special mention here for his patience and for having to put up with my pestering him on more than one occasion) - without that help I would probably have had a CCJ against my name by now! Many thanks once again!
  13. Andy, isn't that supposed to be confidential?! Ignoring the consent order completely - my understanding is that if I pay this claim in full, including court costs and interest, the claim is no more. So what would happen to this claim - withdrawn, discontinued, dismissed? What?
  14. Got it. So, if I pay in full (including interest and court fees) the claim then will have to be ... what?
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