claim form help **WON* * DISCONTINUED

[Jud67]

Hi, any help would be appreciated.

 

I have received a claim form from a debt collector for about 13k the debt is about 7-8 years old and was a personal loan, i have not admitted the debt or made any payments within the last six years.

 

I checked my credit history and at the address that i defaulted on the loan there is nothing registered, but at my current address the debt collector has registered the debt with a default date of june 2002.

 

I have sent standard letters downloaded from the nationl debt line requesting signed agreement and reminding them that this debt is statute barred.

 

I received back a standard letter saying that they would investigate this and then reply back within 21 days, still not received anything.

 

Regretably i did not send a defence in as a chap at the national debt line advised me that not receiving the documents and being as the debt is statute barred is no defence as i still owe the money, at receiving this advice i buried my head in the sand.

 

I have recently phoned the court to check if judgement had been entered against me and they informed me that it had not and if i get a defence in now it would be accepted.

 

Any advice would be gratefully received as i am worried sick about this now.

[Jud67]

Anyone with any advice please

[Jud67]

Hi, if the court is right and i can send in a defence i would have to do this Monday morning can anyone give a basic outline of a defence even if it is brief.

 

I have read a number on other threads but unfortunately there defences go right over my head.

 

Anyone Help please.

[nicklea]

Hi,

 

Can you put up here what the claim actually says so that people can understand the situation. What you've said so far is a bit vague

[Jud67]

Sorry new to this

 

1. The claim is for the sum of 13k in respect of monies owing to the defendant on a credit agreement held by the defendant with alliance and leicester under account no ***** upon which the defendant failed to maintain payments.

 

2. A default notice was served upon the defendant and has not been complied with.

 

3. By virtue of a sale agreement between alliance and leicester and the claimant, the claim vested in the claimant who has a genuine commercial interest, The defendant has been notified of the assignment by letter.

 

Claimant: ARROW GLOBAL LTD

Solicitor: Everdheds

[Jud67]

Letters sent to date:

 

Downloaded from the National Debt Helpline - Consumer Credit Act 1974 & Limitation Act 1980

 

Both letters sent to Arrow Global & Eversheds on the 25th February 08.

 

Eversheds reply dated 27th Feb 08:

 

We shall place your account on hold until we have redeived further instruction from our client.

 

Arrow Globals reply dated 29th Feb 08:

 

We regret that you fill you have cause to complain. This matter will be fully investigated. We will confirm the result of our investigation, in writing, as soon as possible and in any event within 21 days.

 

We may need to discuss the matter to more fully understand your complaint and deal in an expediant manner, therefore please provide your daytime telephone.

 

Help desperately required !!!!

[pt2537]

Hi there

 

im afraid the info is a little sketchy on this thread,

 

are you 100% sure that you have not paid or written to the claimant or the previous owner of the debt acknowledging the debt for at least 6 years from date of the claim?

 

can i also check that the post above is their particulars of claim?

 

finally can i check where was the claim issued? it should say in the top right hand corner of the form? should say XXXXXXX County Court x being the area and were there any documents supporting their claim with the claim form?

 

also what is the date of issue on the claim form? and did you acknowledge service stating that you intend to defend?

 

 

if this is statute barred then they should not enforce this debt, however, if the court is presented with this case and is not aware its stat barred and you fail to file a defence intime you could get default / summary judgment against you which means you then have a uphill battle to get the judgment set aside.

 

the NDL person is right in essence that the debt exsists but im surprised he didnt tell you to defend on the basis that its stat barred

[Jud67]

Hi,

 

Sorry the information is sketchy i am new to this and do not really understand the whole process, would prefer to bury my head in the sand.

 

The County court is Bradford

 

The date was 20th Feb i filed for the extra 14 days, i appreciate my time is up, judgement has not been entered yet, and the court has advised that as long as my defence was in before judgement was entered it would be taken into account.

 

I did not receive anything else but the claim form.

 

Thanks

[Jud67]

Sorry forgot to say, definately have not acknowleded debt nor have i made any payments.

[pt2537]

Hi,

 

Sorry the information is sketchy i am new to this and do not really understand the whole process, would prefer to bury my head in the sand.Thats pretty normal and what many of these companies want then they get a judgment by default

 

The County court is Bradford This is where the case was stated?Bradford County Court?

 

The date was 20th Feb i filed for the extra 14 days, i appreciate my time is up, judgement has not been entered yet, and the court has advised that as long as my defence was in before judgement was entered it would be taken into account.

 

I did not receive anything else but the claim form.

 

Thanks

 

Ok well thats not a problem, a defence to this is two pronged,

 

1. they failed to particularise the claim in accordance with CPR 16 and PD 16 which means in layman's terms they never included any supporting documents which they should have under the Civil Procedure rules

 

and

 

2 its barred by the limitations act 1980 section 5

[Jud67]

Hi thanks for the reply

 

The Claim Form Court Address is:

 

The Law Courts

Exchange Square

Drake Street

Bradford

BD1 1JA

 

Form Number N1 CPC Claim Form (04/06) completed i think online.

 

Thanks

[pt2537]

ok thanks,

 

i will draft a quick defence to this

 

its not going to be the best piece of work ive ever produced im afraid due to time restrictions but it should buy you some time

[Jud67]

Your a Star,

Thanks

[pt2537]

In the xxxxxxxx County Court

Claim number

 

 

 

 

 

Between

 

xxxxxxxxxxx- Claimant

 

and

 

 

xxxxxxxxxxxxx - Defendant

 

 

 

Defence

 

 

 

1. I xxxxxxxxx of xxxxxxxxxxxxx am the defendant in this action and make the following statement as my defence to the claim made by xxxxxxxxxxxx.

 

2. 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.

 

3. The Defendant is embarrassed in pleading to the Particulars of Claim as it stands at present, inter alia: -

 

4. The claimants' particulars of claims disclose 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 particular the claimants statement of case does not conform to CPR 16.4. 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 Notice of Assignment required for the claimant to have a legitimate right of action for the purported debt 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.

 

5. The claimants statement of claim also avers that they have a right to bring this action in their name but they fail to provide any proof of assignment or any proof of service

 

6. In view that the claim was first issued in the Bradford County Court and not via the Bulk Processing centre in Northampton the exemptions contained with the CPR part 7 and practice direction 7c therefore the claimant has failed to bring the claim in accordance with the Civil Procedure Rules in its entirety

 

7. Consequently, I deny all allegations on the particulars of claim and do not know what case I have to meet.

 

8. In respect of that which is denied, no written acknowledgment of the debt as been made nor has any payment towards this debt been made for a period of 6 years from the date of the cause of action

 

9. Accordingly the defendant avers that the claim be barred by way of section 5 of the Limitation Act 1980

 

10. Section 5 Limitation Act 1980 states:

 

5 Time limit for actions founded on simple contract

 

An action founded on simple contract shall not be brought after the expiration of six years from the date on which the cause of action accrued.

 

11. therefore I put the claimant to strict proof of any acknowledgment or payment within the 6 year period from the date of the cause of action

 

12. Further more the courts attention is drawn to the fact that the claimant was made aware by letter dated xx/xx/2008 that the debt was barred by the limitation act, they acknowledged receipt of the letter and promised to investigate however they instead issued this claim without prior notification. It is apparent that the claimant has no legal basis for bringing this claim and that they are fully aware that the action should not proceed because of the Limitation Act 1980 however they appear to take no regard of this fact in bringing this claim

 

 

13. 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 and Practice Direction 16.

 

14. Alternatively if the court decides not to strike out the claimants case, it is requested that the court orders full disclosure of documents which show what grounds the claim is brought, the credit agreement on which it relies, the notice of assignment which gives the claimant the right to this action in their own name and proof of service of assignment pursuant to section 196 of the Law of Property Act 1925 and copies of any default notices served which are required under section 87(1) Consumer Credit Act 1974

 

15. Having instigated these proceedings without any legal basis for doing so, having failed to provide sufficient information required under the pre-trial protocols in order to investigate this claim, or indeed to provide a reasonable time period to investigate this matter, and having failed to investigate a dispute as required by the OFT Debt collection Guidelines I believe the Claimant's conduct amounts to unlawful harassment under section 40 of The Administration of Justice Act1970. Furthermore, the Claimant's behaviour is entirely vexatious and wholly unreasonable.

 

 

16. I respectfully ask the permission of the court to amend this defence when the claimant provides full disclosure of the requested documents

 

 

 

 

 

 

 

 

Statement of Truth

 

 

I XXXXXXXX, believe the above statement to be true and factual

 

 

Signed .....................

 

Date

 

 

 

 

that should sort them out,

 

take it to the court along with the N9B form, filled out stating defence is attached to the form ASAP on Monday morning

[Jud67]

Will have to post next day special special delivery as i live the other end of the country.

 

Thanks very much for your time an effort.

 

I will update when i hear something more

[pt2537]

hi there

 

don't forget to change the bits that are xxxxxxxxx to your own details

 

and dont sign it, print your name in block CAPITALS

[Jud67]

Will do THANKS

[Jud67]

Hi,

 

Received the following from Bradford County Court:

 

Notice of transfer of proceedings

Notice that a defence has been filed

Allocation questionnaire

Defence

 

I need help to complete the Allocation Questionnaire by the 28th April, any assistance with this would be great.

 

I have not received anything in writing from Arrow Global or Eversheds since confirming receipt of my letters on the 27th and 29th of Feb, as i understand it they have 12+2+30 days before they have broken the law, should i be writing to them ??

 

Thanks

[Jud67]

Sorry to bump this myself any advice on what i need to do next would be great.

[nicklea]

If you send this letter (from Tomterm) to the company taking you to court and amend it as necessary to your circumstances

 

In the XXXX County Court

Claimant -v- (YOUR NAME)

Claim Number: (CLAIM NUMBER)

 

 

Dear XXX

 

REQUEST FOR INFORMATION UNDER CPR PART 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.

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 ORIGINAL CREDITOR.

c. 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.

d.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).

e. 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.

f. 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.

g. A genuine copy of any notice of fair use of my data as required by the Data Protection Act 1998

h. A list of third party agencies to whom you have disclosed my personal data and a summary of the nature of the information you have disclosed.

i. 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 sign).

[Jud67]

Thanks for that i will post this off today, Any advice with completing the N150 Questionnaire

[Jud67]

Thanks for that i will send this out today.

 

Can anyone help with completing the N150 questionnaire.

[Jud67]

Attached N150 - Please help with completing this form.

N150 Allocation Questionnaire.pdf

[saintly_1]

Can you tell us which AQ has been sent ....... is it N149 or N150 ?

[saintly_1]

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/11644-allocation-questionnaires-guide-completion.html has a guide for filling the AQ's in you wont need the draft orders