help with court request HFO for a monument card

[steven4064]

Wht about things like statements, settled cases, copies of legislation?

[linz2011]

Hi

 

This is the document I sent - sorry but it is all a bit complex

thanks

 

I have received the Court claim filed by your Company. To enable me to file a defence and counter-claim, I require specific information regarding the account to be provided forthwith. 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 by the . 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.

 

IN RESPECT OF THE ALLEGED DEBT CLAIMED, I REQUIRE:

 

1. A true copy of the executed credit agreement and any terms and conditions that applied to the account at the time of any 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. A transcript of all transactions, including charges, fees, interest, repayments and payments.

 

b. Transcriptions of all telephone conversations recorded and any notes made in relation to telephone conversations by your company, or by any previous creditor

 

c. 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.

 

d. 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.

 

e.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).

 

f. 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.

 

g. 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.

 

h. A genuine copy of any deed of assignment, or proof that you have a legal right to this money.

 

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

 

j. 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.

 

k. A copy of all account statements for the duration of the agreement.

 

3. Any other documents you seek to rely on in court.

 

4. A copy of your complaints procedure, as required by the Consumer Credit Act 2006.

 

5. Clarification of the date you acquired the debt, what organisation you acquired it from, their registered office, their company number (if any) and what legal title they had to this debt, and what credit license number they had at the time that the debt was purchased or entered into.

 

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.

[steven4064]

When was this sent? Did you copy it to the court?

[linz2011]

I sent the CCA request over 12 months ago and heard nothing then received a court claim 6th May which i acknowledged and sent the CPR request (above) but have not sent it to the court, they sent me a letter saying they wanted to resolve this and asked me to call them - which i did not - i completed an allocation questionnaire so did the claimant and this is the next piece of correspondence i have received

[aloysiush]

Forget about the CPR request. It means nothing.

 

Just list, in section one of the N.265 all the docs upon which you intend to rely. I would hazard a guess you have none. Docs does not mean statutes or cases etc, but docs which are in your possession relevant to the action. If you have none, say so. You can send a letter to the claimants sols saying that rather than completing a blank form etc.

 

Remember, it is for them to prove the claim.

 

They also have to file a list of docs and supply copies of any docs you request in the list. They will list all the docs upon which they rely to prove the claim. It should include the agreement, default notice and statements at least. When you have the copies you request (ask for the lot), you will be in a position to consider the claim and whether they can prove it.

 

If they do not produce a signed (by you) agreement - game over. Some of the other docs will allow you to formulate your case. If you intend to argue matters not currently in your defence, you will have to amend your defence or you may be barred from arguing the points.

 

Everthing else is form filling, let them lead in that respect. you are in the end zone and it is now time for them to put up or lose. Play your hand to the end, but if they produce the goods you will need to settle to avoid hefty costs consequences. Don't bottle it now. Get the docs and then post again.

 

I am new to this site and have helped a couple of people in last few days. I will duck in and out and not always available, but when you get the docs, someone here will be able to tell you if they are good paper or not.

 

Keep in mind they must prove the claim. You have to prove nothing and probably cannot in any event - how do you prove a negative i.e. "I did not receive the default notice" etc.

[steven4064]

Thanks aloysiush

 

Fast track is a new area for me - but you have posted what I have managed to learn today. The important thing is whether or not the CCA appears on their list. If it doesn't then (as aloysiush so succinctly puts it - GAME OVER)

 

If it is on the list, then you definitely want to see it to see if it's enforceable or not. Similarly any default notice.

 

Keep us posted.

[linz2011]

Thanks very much for your input - basically it is like you say I am not relying on anything as there is nothing i have so do I not have to list anything before the 31st

thanks for looking in

[linz2011]

Really sorry but do i just sit tight and do nothing and wait for the court to contact me with the list?

thanks guys (((((this is me wishing I did not have to ask so many questions and take up your valuable time))))

[letitbeme]

Good comment

 

 

Keep in mind they must prove the claim. You have to prove nothing and probably cannot in any event - how do you prove a negative i.e. "I did not receive the default notice" etc.

[steven4064]

The other side will send you the list of documents that they have. You need to do the same, even if only to say you haven't got any. Under CPR Part 31.6 the claimant is supposed to disclose:

 

(a) the documents on which he relies; and

(b) the documents which –

(i) adversely affect his own case;

(ii) adversely affect another party’s case; or

(iii)support another party’s case; and

© the documents which he is required to disclose by a relevant practice direction

 

By 'disclose' it means he msut admit that he has them. It is up to you to ask to see them, as far as I understand.

[aloysiush]

linz2011,

 

They will serve (send in the post) you with the list. If they do not, you will need to make application via N.244 for them to comply with the order. Sit on your hands for now and give them 7 days grace (beyond time provided) before taking further action. Just send your letter saying, 'I have no documents upon which you intend to rely or at all' and use that phrase, now.

[linz2011]

Ok thanks guys that is great i really appreciate your help will let you know what happens next x

[linz2011]

Hi

 

I have tried to do the bulk of this on my own (with the valued knowledge I have gained from this site) however, I am a little out of my depth.

I have submitted everything that is required and the court case was scheduled for November and the judge agreed to adjourn it as the court made an error and printed the wrong court on the hearing date - lucky for me because I had no idea it was a 2 hour hearing and turned up with nothing?????

 

Anyway this is what the Judge has ordered and the papers I have received from the other side - so really would like some guidance from your goodselves

Edited March 24, 2009 by linz2011

[Josie8]

Where is your defence?

[linz2011]

Sorry Josie, all that went in ages ago, this is just what has been received since the adjourned court case on 20th November - it is the 2 hour case I am slightly worried about - just needed to know if what they have here is watertight

Thanks

[postggj]

without knowing any details about the claim cant realy comment

it seems though they want to keep it out of court for some reason

[linz2011]

yeah I just need to know what I am going to court with? have they provided enough of what the order is asking?

[angel_1]

hiya linz2011

 

i wish you the best of luck and hope far more experienced people here soon will come along to help but i cant see the defence neither

 

can you scan it for us all pls

 

take care for now ciao MAZ

[popeye1]

Is that supposed to be the CCA agreement and where is the default notice

[linz2011]

That is everything they have to rely on - I am not too sure about the Reply Card thing but surely it is insufficient? and they have only sent one statement should they not sent the whole statement of account?

I just need loads of mud to sling but just need it clarifying by you guys

 

Thanks Maz for looking in

[popeye1]

What docs did the judge order them to show you

[linz2011]

Sorry thought I had posted it but it says:

 

It is ordered that

1. Unless the claimaint:

(a) by 4.00p.m on the 4th December files and serves amended POC

pleading the claimaints title to the sums allegedly due and giving full particulars of how the sum claimed in comprised (as to capital and interest)

 

and

 

(b) by 4.00p.m on the 4th December file and serves a statement explaining the claimants solicitors answers to question one of the pre trial checklist dated 22.8.08

 

and

 

© by 4.00p.m on 18th December files and serves a witness statement complying in ALL respects with the provisions of the Civil Procedure Rules and condescending not only to the claim but the matters set out in the Defence the claim will be struck out (without further notice) with costs.

 

(2) Upon full compliance by the claimant with Paragraph 1 above further directions will be given to lead an adjourned trial of this claim

 

(3) there shall be no order as to costs of today

 

Thanks

[popeye1]

Is the Reply form their CCA,have there been any charges on the account, a DN and any chance of seeing your defence

[popeye1]

The Reply card is their CCA? have you a Default Notice and can we see the defence you did

[havinastella]

well it certainly looks like the Judge is on your side.

 

The CCA is totally unenforceable and they have not issued you with a default notice.

 

You need X20, PT to look at the directions, I'll ask X20 to pop in as PT is extremely busy.

 

Jogs