Help

[AndyOrch]

Hi

You need to be sure that you've got your dates right in respect of when the AoS and defence needs to be filed. For example, if you receive a Court claim with an issue date of the 12th July 2008, you are given 5 days for service (delivery) so that takes you to the 17th July. You then have a further 14 days to file your AoS and if you need a further 14 days to file the defence, that is available to you. So in all, you get 33 days in total. If you are unsure, either post up the issue date here, or ring the Court ASAP, the number is on the front of the claim form, on the right hand side tiny print.

With regards to your intentions and if you intend defending then you need to do CPR 18 request again ASAP and give them 14 days to respond.Subject to their complience this will form the basis of your defence beit an holding defence or final.

 

I trust the above is of help

 

Regards

Andy;)

[AndyOrch]

Here is the CPR 18 request

 

In the XXXX County Court

Claimant -v- (YOUR NAME)

Claim Number: (CLAIM NUMBER)

 

 

Dear XXX

 

REQUEST FOR INFORMATION CPR 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. 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.

 

 

1.1 If copies of any of the above documents are to be relied on in court rather than originals, a copy of the Notice of proposal to adduce hearsay evidence required under s2(1) of the Civil Evidence Act 1995 together with proof of the authenticity of the document(s) as required under s8(1)(b) of the Act, including but not limited to:

 

(a) a copy of the procedure(s) used for copying, storing and retrieving documents

(b) a copy of the relevant log entry showing the time and date of the scan or copy, the name of the member of staff making the copy, the method used for copying, storage and retrieval and time and date of destruction of the original document(s)

© copies of internal and external audit reports covering the entire period from the date of the copy to the present to demonstrate that the procedures have been complied with

(d) copies of Quality Assurance accreditation certificates covering the entire period from the date of the copy to the present to demonstrate that the procedure(s) and audit process(es) comply with the appropriate quality standards

 

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 *********.(AMEND TO THE COMPANY NAME)

c. .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).

d. 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.

e. 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.

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

g. 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.

h. 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).

 

Send G/Delivery and keep proof of postage

[AndyOrch]

Hi

 

 

You would file/serve your defence as Aloysiush advised in another thread

 

 

 

See below

 

 

 

 

 

 

 

Excellent advise BTW Aloysiush on your postings

 

 

Regards

Andy:cool:

Edited July 19, 2008 by Andyorch
edited didnt see the next posting

[AndyOrch]

Hi Pompeyfaith

 

I think you need to get this thread back on track and follow the advise as advised in post 38

 

 

Regards

Andy;)

[AndyOrch]

Pompey/CB

 

As a defence already been submitted ? I understand there was a mix up with submission and Pompey contacted the Court:confused:

 

Regards

Andy

[AndyOrch]

Hiya Andy yes i submitted the defence but forgot to include the part 20 i phoned northampton to explain my mistake but said there was nothing they could do, So now i am disputing the whole claim as for the PPI ill have to decide what i can do about that at a later date as ive only recieved a letter from OPTIMA LEGAL stating that they have passed the letter onto MBNA for them to supply all the info asked for which im still waiting for and time runs out on the 13th august which does not leave me much time to go though it all.

 

Im not really holding out much for the docs to arrive to be honest.Neither would I

 

Also was the defence i put in a holding defence if so can it be expanded ?Not sure what did you submit was it Aloysiush short defence?

 

Am i right in saying if they do not come up with the goods i will not need a defence as the judge will just throw it out ? But you just said you have submitted one and no it wont untill you submit a N244 (AN)

 

Really need some help here Thanks

 

Regards

 

Leon

 

I will re read your thread tomorrow and see where you are up to

 

 

Regards

Andy;)

Edited August 7, 2008 by Andyorch

[AndyOrch]

Here is the defence:

Defence

 

1. The particulars of claim are vague and do not provide sufficient detail to enable the defendant to plead effectivley or at all. By way of example the claimant has failed to confirm the date of agreement upon which the cause of action is based.

 

2. Prior to the issue of the action the claimant was requested to disclose documents relating to the alleged debt and/or agreement. The claimant failed and/or refused so to do.

 

3. The documents described above were the subject of a request pursuant to the Data Protection Act 1998 and/or the Consumer Credit Act 1974.

 

4. In all the circumstances the defendant denies being indebted to the claimant as alleged or at all.

 

Part 20 Claim

 

5. The defendant/Part 20 claimant intends to claim sums paid to the claimant /Part 20 defendant in relation to a Payment Protection Insurance policy, sold by the claimant/Part 20 defendant to the defendant/Part 20 claimantwithout qualification or appropriate advice as required by the Financial Services Authority et al. The claimant/Part 20 defendant acted as agent/broker on behalf of the insurance company issuing the policy to the detriment of the defendant/Part 20 claimant.

 

6.The defendant/Part 20 claimant refers to paragraphs 2 and 3 above, As a consequence of the claimants/Part 20 defendants failure and/or refusal to provide documents, the defendant/Part 20 claimant is unable to plead the Part 20 claim with particularity.

 

And the defendant/Part 20 claimant claims:-

 

i) An order requiring the claimant/Part 20 defendant to disclose statements of account covering the entire period of the alleged agreement and a copy of the alleged agreement.

 

ii) Damages limited to £5,000.00

 

iii) Interest pursuant to Section 64 of the County Courts act 1984 at the rate of 8% per annum until judgment or further order or such other sum as the court thinks fit.

 

Dated this day of 2008

 

 

Statement of Truth

I confirm the contents of this defence/Part 20 claim are true.

 

.....................................................

defendant/part 20 claimant

 

To the court

And to the claimant/part 20 defendant

 

Only use the red piece if you made a CCA request.

 

Hope this helps. It is good enough to get you to disclosure.

 

Hi Pompey

 

Im just bumping up the defence you submitted so I dont have to wade through your thread:cool:

 

Regards

Andy:)

Edited August 7, 2008 by Andyorch
typo

[AndyOrch]

Ok Pompey

 

Is this what you have submitted via MCOL ?

 

Originally Posted by aloysiush

Here is the defence:

Defence

 

1. The particulars of claim are vague and do not provide sufficient detail to enable the defendant to plead effectivley or at all. By way of example the claimant has failed to confirm the date of agreement upon which the cause of action is based.

 

2. Prior to the issue of the action the claimant was requested to disclose documents relating to the alleged debt and/or agreement. The claimant failed and/or refused so to do.

 

3. The documents described above were the subject of a request pursuant to the Data Protection Act 1998 and/or the Consumer Credit Act 1974.

 

4. In all the circumstances the defendant denies being indebted to the claimant as alleged or at all.

 

Regards

Andy

[AndyOrch]

You will need to re access the MCOL screen and check the status of your case.You should still be able to proceed to the counter claim section to submit your part 20 unless they have locked the screen.Alternativly you still have the hard copy papers you could submit your counterclaim via this method.

 

Regards

Andy;)

[AndyOrch]

Hi Pompey

 

Yes just send hardcopy from your claim pack completing box 1&2 and also enclose a copy of your defence.I would send this spec/Delivery and also enclose a covering note explaining the mix up with your input vis a vis MCOL Date everything and retain proof of postage.

 

Regards

Andy;)

[AndyOrch]

Hi Pompey

 

You may have to pay the fee which is £25/£55 dependent on the counterclaim amount, this you will claim back in your costs.You dont need to enclose payment now however check with the court and they will advise if you are excempt.

 

Regards

 

Andy;)

 

 

Best of luck with your case

[AndyOrch]

Hi Leon

 

Address it for the attention of the Case Manager and stating your claim number and now thats out the way relax and try not to let this consume your time..

 

 

Regards

 

Andy;)

Edited August 8, 2008 by Andyorch

[AndyOrch]

Hi leon

 

Dont concern yourself about the CPR 18 request, you have submitted your defence and part 20 The process from here on is that the court will forward a copy of your defence to the Claimant for their perusal.They then have 28 days in which to respond if they do you will recieve an N150/149 AQ (allocation Questionair) the completion of this form transfers the case to your local CC.If they fail to respond (which we hope is the case) then the claim will be stayed,until such time the claimant wishes to revive said claim.They have to pay a to do this and also the longer it is left stayed the more valid reason they will need to request this.This can also provide valuable breathing space in your predicament and also put the claimants case to question.

 

Relax and stop thinking you should be doing somthing when in reality there is not at the moment

 

 

Regards

 

Andy;)

Edited August 13, 2008 by Andyorch
typo

[AndyOrch]

Hi leon

Stop all the bumping we have plenty of time to go through the AQ i will go through it with you midweek

 

 

Regards

 

Andy;)

[AndyOrch]

Directions please leon

 

 

Regards

 

Andy

[AndyOrch]

Ok Leon

 

I also have to go out shortly so if you can post up the directions and then later this evening we will run through your AQ if thats ok

 

Regards

 

Andy;)

[AndyOrch]

Hi leon

 

Ok which AQ have you recieved the N149 or N150? Judging by the quality of the Claimants AQ this shouldnt take long;) However nice to see the oppositions AQ first

 

Regards

 

Andy

 

Andy

[AndyOrch]

The 1st Q, doesn't have a number, it asks have you sent a copy to other parties...tick yes.

 

A. Settlement-tick yes ( I will explain later )

B. Location -tick no

C. Pre-action Protocols-Part one-don't tick anything

Part two-tick yes

Case Management Info

State the full amount of what they are claiming in the bo

Applications-you haven't made any-tick no

Witnesses- if it is a joint debt put both of your names

Witness to which facts- All facts in the case

Experts-only the 1st Q is applicable about calling experts-tick no. The rest of that page you can leave blank

Track-Fast Track

E.Trial/final hearing

Time estimate 4 hours

Days you won't be able to attend. Obviously I don't know that info. If you have holidays, other relevant important dates in the next 4mnths, I would detail. The Crts are quite flexible about this, so don't think you have to cancel things. If you're unavailable, say so.

F. Proposed Directions- no to both Q's. (for now)

G. Leave blank

Other Information

Attached docs-tick no

Sent to other party-tick no

If yes.....etc-leave blank

Do you intend to make applications in immediate future-tick yes

If Yes what for-An Order seeking the Claimants compliance with information previously requested.

In the big box underneath I intend to write how the Claimants are behaving, so I will do that shortly.

Sign and date (teaching you how to suck eggs-sorry!)

Under the signature box put little lines through everything except the number one and Defendant.]In the box underneath that, put your address, tel no and don't forget your p/code (Crt gets funny if people omit it!) You can include your email if you wish

[AndyOrch]

Under track tick the Fasti-track box.

In the other information box write the following,

 

The Claimants are deliberately frustrating these proceedings and preventing me from submitting a Particularised Defence/ counter-claim, by refusing to provide information first requested under a Subject Access Request/CPR 18 Request on the xxth xxxxx 2008. They have only partially complied with my request. I have sent letters to the Claimants Solicitors on the xxth xxxxx repsectively, requesting the outstanding information, which has to date not been furnished. I believe this is entirely unreasonable behaviour and I will shortly request an Order from the Court compelling the Claimant's compliance, to enable me to file a fully particularised Defence/counter-claim.

[AndyOrch]

Ok Leon

 

I know you have submitted an Holding Defence and a Part 20 C/C however what have you still not recieved vis a vis your CPR 18 request?

 

Andy

Edited September 4, 2008 by Andyorch

[AndyOrch]

Thats fine leon we can request anything missing at disclosure which basically will boil down to a DN CCA and statements.I would proceed with your AQ as advised the claimants Directions mean nothing and nothing as been attached or served.

 

Regards

 

Andy

[AndyOrch]

Yes you need to request this from your Court or you may be able to download it.Dont worry for now that can be sorted at a later date.

 

Regards

Andy

[AndyOrch]

Leon

 

Just another tip dont sign the Claimants Copy of yor AQ print name you can sign the Courts copy

 

Regards

 

Andy;)

[AndyOrch]

HI leon

 

Unfortunatly my PM facility has been removed for some reason however I am sure your AQ will be fine.Are you happy leon not to make directions at this stage? seems a little pointless considering their AQ and would play it the way i have advised for now.

 

Regards

 

Andy;)

[AndyOrch]

Hi leon

 

You have left your surname on upload 1&2

 

Regards

 

Andy