CL Finance taking me to court for bank account made up of charges!!! HELP!!!

[questioning]

SORRY-Off topic But....

is your avatar who i think it is, An oldie from years back from that brilliant Aussie Program about a womans nick, i loved that, What did they call her, Vinegar tits, was it. mind you I've seen it on sky recently and it was proper rubbish, I couldn't watch it now. Yet in those days I used to stay up late to view it, and the theme tune, how terrible was that. Strange what a difference the years make!

[vinegarvera]

Yes it is who you think it is, very like my mother in law in all ways!!! hehe.

 

I have two seperate claim forms, well 3 actually one for CC- me only and two for bank account - it was joint account.

 

Had a quick look through your post but will have to look whe have not got a house full of teenagers having a sleepover as legal jargon goes right over my head.

 

Were your claims both on one form or did you ask them to merge them?

[questioning]

Yes it is who you think it is, very like my mother in law in all ways!!! hehe.

 

I have two separate claim forms, well 3 actually one for CC- me only and two for bank account - it was joint account.

 

Had a quick look through your post but will have to look whe have not got a house full of teenagers having a sleepover as legal jargon goes right over my head.

 

Were your claims both on one form or did you ask them to merge them?

 

Oh, it is her, What about that theme tune, it keeps popping into my head,

Houseful of teenagers, I know exactly what thats like.

No one can be as bad as VT,

 

Yes my claim form was, as one, in that I got a claim form & hubby did too but both had same claim number. So basically we both have to defend but its duplicate all the way. What was so hard was the POC so vague, they hadn't been asking us to pay loan so we thought the claim was for OD with all the interest and charges added.

I can give you a link to a thread that was successful in gaining a stay for OD with bank charges. You should be able to copy the way they did defence so that will take care of the OD,

 

Here is the link, you will find this very helpful.

 

http://www.consumeractiongroup.co.uk/forum/hsbc-bank/128428-requesting-advice-mums-behalf.html?highlight=Giants%2A

 

My thread is rather long but I think some parts may be helpful, mind you I cant say its successful as its still ongoing.

[vinegarvera]

Could someone help me with a defense or advise me of my next move?

I have heard nothing since I acknowldeged

[Blossomandebony]

Hi,

 

I would have a look at some of the defences used by other members, as a starting point, to get a flavour of what you have to do. Look in the legal issues forum, especially the 'successes' part.

 

I would imagine that you could use a standard defence tailored by yourself to fit your situation.

 

Do you know the dates when your defences have to be in? (if you're in any doubt, ring the court to ask).

 

BAE

[havinastella]

Hi VV,

 

you may want to have a look at this post from Nicklea on my thread

 

http://www.consumeractiongroup.co.uk/forum/other-institutions/143436-havinastella-blackhorse-3.html#post1560584

 

 

Hopes it helps

 

JOgs

[vinegarvera]

Thanks to all for your help I am having a good look over the other threads but brain is a bit fuzzy at the moment.

Can I use the same defence for both credit cards and overdraft claim's?

 

Sorry to sound so thick!!

[questioning]

Did u send a CPR letter?

If so have you had a reply?

did u receive NOA from OC, that is who should send it to you, then the new creditor should send u an introduction letter.

You can use the same defence but obviously it will be edited to suit what ever your defence is.

In post 1 is that all they sent you for a CCA?

 

27/8

Hi Vinegarvera,

Have you sent your defence to the court yet?

Edited August 27, 2008 by questioning
Added something

[vinegarvera]

Hi questioning,

Thanks for all your help,

I have had a bit of a rough ride lately but need to get my defence in today. In answer to your questions:

No, I did not send a CPR letter it seems to have just crept up on me- is this bad?

I have received a NOA from OC and a introduction letter (although the wrong name is on the notice of assignment box)

That is all they have sent for a CCA- nothing else.

[vinegarvera]

Oh help, I am really struggling with the wording of my defence.

[vinegarvera]

I have cobbled this together for the credit card defence:

 

Could someone have a look and give their opinion?

 

 

 

In the Northampton County Court

Claim number XXXXXXXX

 

Between

C L Finance Ltd - Claimant

and

XXXXXXXXXXXX - Defendant

 

Defence

1. I XXXXXXXXXX of XXXXXXXXX am the defendant in this action and make the following statement as my defence to the claim made by C L Finance Ltd

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 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 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.

d) The claimant did not send a Letter Before Action as required under the Pre-Action Protocols.

5. Consequently, it is proving difficult to plead to the particulars as matters stand.

6. The Defendant denies that he is liable to the Claimant as alleged in the Particulars of Claim, or at all. It is averred that the Claimant has failed to serve a Notice of Assignment in accordance with section 136(1), of the Law of Property Act 1925, in respect of the alleged debt. The amount detailed in the Claimant’s claim, may include penalties charges, which are unlawful at Common Law, Dunlop Pneumatic Tyre Company Ltd v New Garage and Motor Company Ltd [1915], under The Unfair Contract Terms Act 1977 and The Unfair Terms in Consumer Contracts Regulations 1999. Accordingly, the inclusion of penalty charges in the purported Notice of Assignment renders it entirely legally unenforceable. The Claimant has failed to comply with section 136(1) of the Law of Property Act 1925, by furnishing a Notice of Assignment in respect of that which is denied, that is inaccurate, W.F.Harrison & Co Ltd v Burke [1956].

The defendant requires sight of the deed of assignment of the debt. In addition the defendant requires proof of service of the Notice of Assignment in accordance with s196 of the Law of Property Act 1925 which is required to give the claimant a legitimate right of action in their own name since it appears this is an assigned debt. the reason the defendant requests this information is inter alia to clarify the dates are correctly stated on all documents , the defendant notes that if there are errors in the assignment it may be rendered in effectual in law per W F Harrison & Co Ltd v Burke and another - [1956] 2 All ER 169

The relevant Act of Parliament in this Case

7. Firstly I will address the issue of which Act is relevant in this case, in case it is suggested that the claim falls under the Consumer Credit Act 2006, it is drawn to the courts attention that schedule 3, s11 of the Consumer Credit Act 2006 prevents s15 repealing s127 (3) of the 1974 Act for agreements made before s15 came into effect. Since the agreement would have commenced prior to the inception of the Consumer Credit Act 2006, section 15 of the 2006 Act has no effect and the Consumer Credit Act 1974 is the relevant act in this case.

8. For the avoidance of any doubt I include the relevant section of the 2006 Consumer Credit Act (Except taken from Consumer Credit Act 2006 (c. 14) - Statute Law Database accessed Saturday 16th August 2008.

9 The repeal by this Act of-

(a)the words "(subject to subsections (3) and (4))" in subsection (1) of section 127 of the 1974 Act,

(b)subsections (3) to (5) of that section, and

©the words "or 127(3)" in subsection (3) of section 185 of that Act,

has no effect in relation to improperly-executed agreements made before the commencement of section 15 of this Act.

10. Therefore the Consumer Credit Act 2006 is not retrospective in its application and has no effect upon this agreement and the Consumer Credit Act 1974 is the act which this agreement is regulated by

The build up to this action

11. In the build up to this action, on the 01/08/07 I wrote to Smile bank PLC requesting a copy of the Credit Agreement pursuant to section 78(1) Consumer Credit Act 1974. A letter was received to say that this request had been made but no further letters were received.

 

12. In July I received a letter dated 9th July from Lewis Debt Recovery acting for the claimant . I replied to this letter on Saturday, 12th July 2008. Stating that this should not have been “passed on” and advised them to return it.

13. Ultimately SMILE bank passed the account over to LEWIS debt recovery, This was disputed on the 01/08/07 and a request for the copy of the credit agreement was made, then it was transferred to Lewis Debt Recovery. On 10/07/08 The Co-Operative bank wrote to me to say that C. L. Finance were now the owners of the alleged debt, On 12/07/08 I wrote to Lewis Debt recovery advising them that this was under dispute as of the 01/08/07 and that it should be returned to their client. Shortly afterwards I received the court form dated the 28th July 2008.

The Request for Disclosure

14. Further to the case I request the disclosure of information pursuant to the Civil Procedure Rules, which is vital to this case from the claimant. The information requested amounted to copies of the Credit Agreement referred to in the particulars of claim and any default or termination notices, a transcript of all transactions, including charges, fees, interest, alleged repayments by myself and payments made by the original creditor. Also any other documents the Claimant seeks to rely on, including any default notices or termination notice, and a copy of the Notice of Assignment required to give the claimant a legitimate right of action.

15. To Date, I have not received any such documentation requested. As a result it has proven difficult to compose this defence without disclosure of the information requested, especially as I am a Litigant in Person.

16. The courts attention is drawn to the fact that the without disclosure of the requested documentation pursuant to the Civil Procedure Rules I have not yet had the opportunity to asses if the documentation which the claimant claims to be relying upon to bring this action even contains the prescribed terms required in Consumer Credit (Agreements) Regulations 1983 (SI 1983/1553) which was amended by Consumer Credit (Agreements) (Amendment) Regulations 2004 (SI2004/1482). The prescribed terms referred to are contained in schedule 6 column 2 of the Consumer Credit (Agreements) Regulations 1983 (SI 1983/1553) and are inter alia: - A term stating the credit limit or the manner in which it will be determined or that there is no credit limit, A term stating the rate of any interest on the credit to be provided under the agreement and A term stating how the debtor is to discharge his obligations under the agreement to make the repayments, which may be expressed by reference to a combination of any of the following--

1. Number of repayments;

2. Amount of repayments;

3. Frequency and timing of repayments;

4. Dates of repayments;

5. The manner in which any of the above may be determined; or in any other way, and any power of the creditor to vary what is payable.

17. The courts attention is drawn to the fact that where an agreement does not have the prescribed terms as stated in point 14 it is not compliant with section 60(1) Consumer Credit Act 1974 and therefore not enforceable by s127 (3). The courts attention is also drawn to the authority of the House of Lords in Wilson-v- FCT [2003] All ER (D) 187 (Jul) which confirms that where a document does not contain the required terms under the consumer credit act 1974 and the Consumer Credit (Agreements) Regulations 1983 (SI 1983/1553) and Consumer Credit (Agreements) (Amendment) Regulations 2004 (SI2004/1482) the agreement cannot be enforced

18. It is submitted that if the credit agreement supplied falls foul of the Consumer Credit (Agreements) Regulations 1983 (SI 1983/1553) in so far that the prescribed terms are not contained within the agreement then the court is precluded from enforcing the agreement. The prescribed terms must be with the agreement for it to be compliant with section 60(1) Consumer Credit Act 1974. In addition there is case law from the Court of Appeal which confirms the Prescribed terms must be contained within the body of the agreement and not in a separate document

19. I refer to the judgment of TUCKEY LJ in the case of Wilson and another v Hurstanger Ltd [2007] EWCA Civ 299

"[11] Schedule 1 to the 1983 Regulations sets out the "information to be contained in documents embodying regulated

consumer credit agreements". Some of this information mirrors the terms prescribed by Sch 6, but some does not. Contrasting

the provisions of the two schedules the Judge said:

"33 In my judgment the objective of Schedule 6 is to ensure that, as an inflexible condition of enforceability, certain basic minimum terms are included which the parties (with the benefit of legal advice if necessary) and/or the court can identify within the four corners of the agreement. Those minimum provisions combined with the requirement under s 61 that all the terms should be in a single document, and backed up by the provisions of section 127(3), ensure that these core terms are expressly set out in the agreement itself: they cannot be orally agreed; they cannot be found in another document; they cannot be implied; and above all they cannot be in the slightest mis-stated. As a matter of policy, the lender is denied any room for manoeuvre in respect of them. On the other hand, they are basic provisions, and the only question for the court is whether they are, on a true construction, included in the agreement. More detailed requirements, which

are designed to ensure that the debtor is made aware, so far as possible, of specified information (including information contained in the

minimum terms) are to be found in Schedule 1."

20. If the agreement does not contain these terms in the prescribed manner it does not comply with section 60(1) CCA 1974, the consequences of which means it is improperly executed and only enforceable by court order

21. Notwithstanding points 14 and 15, any such agreements must be signed in the prescribed manner by both debtor and creditor. If such a document is not signed by the debtor the document cannot be enforced by way of section 127(3) Consumer Credit Act 1974

22. The claimant is therefore put to strict proof that such a compliant document exists

 

23. Should the issue arise where the claimant seeks to rely upon the fact that they can show that the defendant has had benefit of the monies and therefore the defendant is liable, I refer to and draw the courts attention to the judgment of Sir Andrew Morritt in the case of Wilson v First County Trust Ltd - [2001] 3 All ER 229, [2001] EWCA Civ 633 in the Court of Appeal

 

at para 26

"In effect, the creditor--by failing to ensure that he obtained a document signed by the debtor which contained all the prescribed terms--must (in the light of the provisions in ss 65(1) and 127(3) of the 1974 Act) be taken to have made a voluntary disposition, or gift, of the loan moneys to the debtor. The creditor had chosen to part with the moneys in circumstances in which it was never entitled to have them repaid;"

The Need for a Default notice

24. It is neither admitted nor denied that any Default Notice in the prescribed format was ever received and the Defendant puts the Claimant to strict proof that said document in the prescribed format was delivered to the defendant.

25. Notwithstanding point 21, I put the claimant to strict proof that any default notice sent to me was valid. I note that to be valid, a default notice needs to be accurate in terms of both the scope and nature of breach and include an accurate figure required to remedy any such breach. The prescribed format for such document is laid down in Consumer Credit (Enforcement, Default and Termination Notices) Regulations 1983 (SI 1983/1561) and Amendment regulations the Consumer Credit (Enforcement, Default and Termination Notices) (Amendment) Regulations 2004 (SI 2004/3237)

26. Failure of a default notice to be accurate not only invalidates the default notice (Woodchester Lease Management Services Ltd v Swain and Co - [2001] GCCR 2255) but is a unlawful rescission of contract which would not only prevent the court enforcing any alleged debt, but would also give rise to a potential counterclaim for damages where damage occurs to my credit rating (Kpohraror v Woolwich Building Society - [1996] 4 All ER 119)

 

Conclusion

27. The Defendant denies that there has been any failure to make payment in accordance with the alleged contract. The Claimant has failed to produce a copy of a credit agreement in the requisite timescale/at all, and in the absence of such an agreement, which conforms to sections 60 and 61 of the Consumer Credit Act 1974, the Defendant avers that no agreement has ever existed for there to have been any failure to make said payment.

28. Without Disclosure of the relevant requested documentation I am unable to assess if I am indeed liable to the claimant, nor am I able to assess if the alleged agreement is properly executed, contain the required prescribed terms, or correct figures to make such an agreement enforceable by virtue of s127 Consumer Credit Act 1974

29. 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.

30. Alternatively, I respectfully request a stay in proceedings until such time as the claimant complies with the requests outlined in paragraph 12 above or until the court orders its compliance with the same. I will then be in a position to file a fully particularised defence and counterclaim and will seek the courts permission to amend my statement of case accordingly.

 

Statement of Truth

 

I, believe the above statement to be true and factual

[vinegarvera]

Claim No XXXXXXXX

IN THE [XXXXXCOUNTY COURT

 

BETWEEN

CL FINANCE LTD

Claimant

and

XXXXXXXXXXXXXXXX

Defendant

PARTICULARS OF DEFENCE

The Defendant agrees that by an agreement made in writing between The CO-OPERATIVE BANK PLC and the Defendant. The Assignor agreed to provide the Defendant with current account facilities upon the terms and conditions set out therein and to include an overdraft facility.

The Defendant has used the said account such that the balance did exceed the agreed overdraft limit from time to time. Because of this, the Assignor has also deducted funds from the account in respect of penalty charges to a sum (see Schedule 2) in excess of the current overdrawn balance of the account which the defendant believes is unlawful under the Unfair Terms in Consumer Contract Regulations 1999 and also at common law.

The Defendant wishes to draw the courts attention to the true material facts of this claim which are as follows:

SCHEDULE 2

 

(Followed by a break down of charges)

[vinegarvera]

The above is for the bank account. I have just realised my defence for credit card is too long

[Blossomandebony]

Hi, Vine,

 

You say uour defence is too long? Is that because you're doing it via Moneyclaim, online? And what time does your defence have to be in?

(Presume it's 4 o' clock.)

 

BAE:-)

[vinegarvera]

Yes to both

[vinegarvera]

The particulars of claim discloses no cause of action and are self evidently an abuse of process, in that they fail to deal with the basic rules of pleading in accordance with the CPR (even allowing for the constraints of the bulk issue system).

Further to that above the defendant is unable to plead effectively or at all. The defendant is embarrassed as 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 method the claimant calculated any outstanding sums due, or any termination notices issued or any Notice of Assignment required to allow the claimant a legitimate right of action, or any other matters necessary to substantiate the claimant’s claim

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

 

Further to the case, I request the disclosure of information pursuant to the Civil Procedure Rules, which is vital to this case from the claimant. The information requested amounted to copies of the Bank Statements and/or Credit Agreement referred to in the particulars of claim and any default or termination notices, a transcript of all transactions, including charges, fees, interest, alleged repayments made by myself and payments made by the original creditor. Also any other documents the Claimant seeks to rely on, including any default notices or termination notice.

Further I put the claimant to strict proof that any notice served under sections 76(1) and 98(1) of the CCA 1974 relating to termination notice were sent to me and / or were valid. I note that to be valid, a termination notice needs to be accurate in terms of both the scope and nature of breach and include an accurate figure required to remedy any such breach. The prescribed format for such document is laid down in Consumer under sections 76(1) and 98(1) of the CCA 1974 termination notice. In respect of the figures claimed, it is averred that the sums claimed contain charges which are unfair within the meaning given in the Unfair Terms in Consumer Contract Regulations 1999 and it is further averred that the charges levied are punitive in nature and are penalty charges

Failure of a default notice to be accurate not only invalidates the default notice (Woodchester Lease Management Services Ltd v Swain and Co - [2001] GCCR 2255) but is a unlawful rescission of contract which would not only prevent the court enforcing any alleged debt, but would also give rise to a potential counterclaim for damages where damage occurs to my credit rating (Kpohraror v Woolwich Building Society - [1996] 4 All ER 119)

Without Disclosure of the relevant requested documentation I am unable to assess if I am indeed liable to the claimant, nor am I able to asses if the alleged agreement is properly executed, contain the required prescribed terms, or correct figures to make such an agreement enforceable by virtue of s127 Consumer Credit Act 1974

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.

Alternatively, I respectfully request a stay in proceedings until such time as the claimant complies with the requests outlined in paragraph 5 above or until the court orders its compliance with the same. I will then be in a position to file a fully particularised defence and counterclaim and will seek the courts permission to amend my statement of case accordingly.

 

 

 

Would this be a better defense for both bank account and credit card?\

[vinegarvera]

Oh goodness i am so stressed!!

[questioning]

That bit doesn't make sence to me, it says Further to the case, I request the disclosure of information pursuant to the Civil Procedure Rules, which is vital to this case from the claimant.

It then says The information requested amounted to....

 

You didn't send a CPR18 letter, but it says, the information requested amounted to.

 

Shame you didn't send off for the info under CPR18.

later in the defence it says Without Disclosure of the relevant requested documentation,

But you haven't requested it from the claimant, so how would they know you want it.

I think you need to send a letter to them requesting the info, before you can say that.

I see you are asking in the defence for the disclosure of the info. But what if they say you should have done this already.

I don't know if I'm correct but thats what I'm thinking.

Edited August 28, 2008 by questioning

[vinegarvera]

Oh heck yes, I am getting myself all confused.

[vinegarvera]

Yes questioning you are correct, I have stupidly left this to the last minute due to family problems and am now completely stressed trying to scramble a defence together. I am also confused with the two claims one being a credit card and one being a bank account.

[Blossomandebony]

Basically, this is how I think you could proceed:

 

As there's two claims from the same company, the DJ may order them to be consolidated. If so, your defence of unlawful charges will defend both claims.

 

Even if the two claims are not consolidated, (and you can ask for them to be), you should still defend on the basis of unlawful charges outweighing any debt you have. Why? Well I think going down the road of unenforceable CCA will not work in this case - I think the CCA is enforceable and you don't want to end up in court with a judge thinking you're just trying to dodge the debt (this is what CL will claim!!!).

 

The defence of unlawful charges is rock solid and the fact that the High Court is considering their fairness will guarantee that the cases will be stayed, it may even make CL drop the claims altogether!

 

In view of that I would simplify your defence to 2 or 3 points, with the overriding message being that they owe you more tham you owe them. and I would use pretty much the same argument for both defences.

 

So, in view of that, here are some very simple ideas to get you started:

 

 

Defence

 

1. 
   The claimant believes that there is no debt owing to the claimant as account charges that have been levied on the two accounts the claimant has been assigned outweigh and can be offset against any debt the claimant may owe.
    
   Account Charges
    
   
   
2. On xxx date 2007 the defendant requested that the original creditor refund charges and interest applied to the bank account, number xxxxxxxxxxx, amounting to £xxxx These charges and interest amounted to £1 xxxxxx(Spreadsheet attached.)
   
3. Therefore the defendant believes that the claimant has an outstanding debt to the defendant of £xxxxx. Hence, the claimant’s claim of £xxxxxxxx is below the figure that the claimant owes the defendant. The defendant has offered to negotiate on these points on many occasions, but the claimant has failed to respond.
   
4. The High Court is, at the present, considering the fairness and lawfulness of such bank charges and has ruled that the Banks unauthorised borrowing charges cannot be termed a ‘service’, and are thus subject to the UTCCR 1999. Furthermore, the OFT has already, in April 2006, set limits on the charges that credit card providers can levy.
   
5. There have been many charges levied to the two accounts mentioned in points1 -3. These charges are punitive in nature; are not a genuine pre-estimate of cost incurred by the claimant; exceed any alleged actual loss to the claimant in respect of any breaches of contract on the part of the defendant; and are not intended to represent or related to any alleged actual loss, but instead unduly enrich the Claimant which exercises the contractual term in respect of such charges with a view to profit. .
   
6. The contractual provision that permits the Claimant to levy such charges is unenforceable by virtue of the Unfair Terms in Consumer Contracts Regulations (1999) and the common law.
   
7. I aver that any default notice sent would have included these charges, therefore rendering any default notice invalid.
   

Conclusion

 

 

 

1. Accordingly I put the Claimant to strict proof that every charge and collection charge made to the accounts was valid and lawful.
   

2.If the claimant cannot provide this, by full disclosure of costs incurred by the original creditor for breaches of contract, I respectfully ask the court to strike out the claim forthwith.

Now, this is the most important point that the whole defence relies on: your overall debt with them is around £1700, if I remember correctly? Then your spreadsheet(s) of charges for the account(s) MUST total more than the £1700!!! Once you add interest and CCI I am sure it will! Getting the spreadsheet right is your main aim here.

 

The beauty is, the defence for both claims is basically the same! (If too long I suggest you keep points 1,2 and 3, the rest can be left.

 

 

Oh yeah, and this strategy is only one person's opinion, don't forget . . .

 

BAE

Edited August 28, 2008 by Blossomandebony

[vinegarvera]

Thanks so much BAE, the charges on the account are not total to 1700.00 they only total 1117.00 unfortunately.- Although I am willing to pay any difference ( I dont know if there are any charges on the credit card)

How do I get the two claims merged as this will be much esier for me ?

[questioning]

Have you done the spreadsheet for the compounded interest?

[questioning]

How do I get the two claims merged as this will be much esier for me ?

 

I would ring the court as I got told by the court that each claim had to be defended, one was mine the other my husbands, they had the same claim nos.

If I did not defend one then a CCJ would be gained by default.

so I would ring Northampton just to make sure.

 

Are both claims in your name?

[Blossomandebony]

Well, when I sued Barclays and Barclaycard for unlawful charges on two different accounts, one bank and one credit card. The Judge then ordered a consolidation out of his own initiative. So, I would think a polite letter to the DJ, to suggest the consolidation, (once you've got the defences in), would be in order.

 

Courts are overwhelmed with the amount of cases being brought and will probably be grateful for any opportunity to consolidate.

 

BAE