EOS/Weightmans claimform - old Grattan PLC CAT debt

[42man]

Be strong Little E !! sit down and have a coffee or something stronger....the fact that they haven't got your CCA is a complete defence....they have to provide you the paperwork you have asked for....and if Weightmans want to carry on with this then the CPR means they HAVE to get it, you have done all that is reasonable to get the CCA, the CPR means they have to comply.....

 

Keep us posted, and as mentioned before keep an eye on the timescales...give me a shout 3 days before the 28 days is up....

[little_evo]

Be strong Little E !! sit down and have a coffee or something stronger....the fact that they haven't got your CCA is a complete defence....they have to provide you the paperwork you have asked for....and if Weightmans want to carry on with this then the CPR means they HAVE to get it, you have done all that is reasonable to get the CCA, the CPR means they have to comply.....

 

Keep us posted, and as mentioned before keep an eye on the timescales...give me a shout 3 days before the 28 days is up....

 

A most warm thank you 42man for your response. I am going for that coffee now.

[little_evo]

Well the court has sent a letter today acknowledging receipt of my defence. I guess that means now I just sit tight til time to send my my papers and read as much as I can.

 

I just again wanted to say thank you to everyone here for their help as I would be completely lost and sticking my head in the sand so to speak and completely avoiding the issue if it wasn't for this website.

[little_evo]

Hello again, I was getting a bit anxious about the time scales so called Northampton to ask when I have to have my defence in by and the nice lady said I had already filed a defence. I didn't realize I had. Apparently it was only a few lines just saying I was defending all of the claim due to the fact I previously requested a CCA and that they are in default for non complaince of a CCA request. I thought I would get to fill out a more complete one closer to the time and would be sending in a full defence at a later date.

 

I feel a bit ill now. What do I do now if anything to sort this out? Or can I sort this out?

[little_evo]

anyone if you have a moment.

[42man]

What did you write in your defence Little E ???

[little_evo]

Just saying I was defending all of the claim due to the fact I previously requested a CCA and that they are in default for non complaince of a CCA request. I honestly thought I would get to fill out a more complete one closer to the time and would be sending in a full defence at a later date.

[42man]

Firstly don't worry....send this to the courts ASAP....

 

Put the case name / number up here....

 

In the XXXX County Court

Claimant -v- (YOUR NAME)

Claim Number: (CLAIM NUMBER)

 

 

 

Defence (addendum)

 

 

1. 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.
   
2. The Defendant is embarrassed in pleading to the Particulars of Claim as it stands at present, inter alia: -
   
3. 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 18. In this regard I wish to draw the courts attention to the following matters;


1. 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.
   
2. 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.
   
3. 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.
   

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

[*]Further to the case, on (date you sent your CPR18 request) I requested 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 list of charges applied to the account.

[*]To Date the claimant has ignored my request under the CPR, which was received and signed for by the claimant on (date they received your CPR18 request) and 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

[*]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 assess if the documentation 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. 
   

2. The defendant has also sent a formal request under the Consumer Credit Act 1974 for a copy of my consumer credit agreement this was sent to (name) This was received by them on the (date they received it) To date this legal request has not been complied with and they are now in default of my request.

   1. The courts attention is drawn to the fact that where an agreement does not have the prescribed terms as stated in point 7 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
      
   2. Notwithstanding points 7 and 8, 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
      
   3. The claimant is therefore put to strict proof that such a compliant document exists
      
   4. It is neither admitted or 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.
      
   5. Notwithstanding point 11, 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)
      
   6. 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)
      
   7. 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, contains the required prescribed terms, or correct figures to make such an agreement enforceable by virtue of s127 Consumer Credit Act 1974
      
   8. 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 18.
      
   9. 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.
      

   17. In addition 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 is alleged to have commenced before 6th April 2007 the Consumer Credit Act 1974 is the relevant act in this case.

    

    

    

   Statement of Truth

    

   I, believe the above statement to be true and factual

   
   
3. Number of repayments;
   
4. Amount of repayments;
   
5. Frequency and timing of repayments;
   
6. Dates of repayments;
   
7. 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
   

Edited September 4, 2008 by 42man

[42man]

You obviously went straight ahead and after acknowledging the claim, filled out the defence.....

 

NO worries....print out FILL IN THE DATES....and send ASAP...take it to the courts if necessary....

 

Do you know when the defence deadline is ?

 

(31 days after the date of the original claim)

[42man]

Ahh spotted...the date of the claim is the 14th August....you have another few days to submit the defence....obviously you have had nothing back from Weightmans...!!

[little_evo]

Okay thank you SO much for all of your help, once again

[42man]

Just edited the defence....

[42man]

I can't make any promises Little E....but this is a standard defence (with a little editing) that is usually used when they can't produce the paperwork....

 

Keep us posted....and PM me if you need anything else...

[little_evo]

Well yesterday was the last day Weightmans had to respond to my defence and I called Northampton to check the status and as of right now the case is stayed. The lady on the phone from NCC said the solicitors seemed to be very disorganized. But they will have to pay out costs to get it moving again so we shall see how it goes. Does anyone know how much it costs to get the stay lifted? Just curious as I like the thought of them paying added money. :grin:

[little_evo]

Well, now there is more to this drama. As far as I'm aware the court case is still stayed, however I will check tomorrow to be sure because yesterday I received a letter from Grattan to notify me that the balance of the account has been sold to Actio F. GMBH and they will now be responsible for collecting the money due on the account and they have decided to leave the account under control of EOS Solutions.

 

So I have a few questions about this. The court case is with Grattan, does this mean the new owners of the account will have to start up their own action if they wish to take me to court or can they somehow just get the name on the case changed? Also I cannot seem to find any info on this Actio F. GMBH can anyone point me in the right direction there? I CCA'd everyone in regards to this case ages ago, but never had a response, I thought the account couldn't be passed on while it was in dispute? Where do I go from here?

 

Also I just wanted to say thank you to this group because with all the things going on in our lives like my husband being made redundant the other week, to creditors calling, we've finally dug our heads out of the sand and are making a stand. And it feels good.

Edited November 9, 2008 by little_evo

[little_evo]

Anyone please?

[42man]

Little E....i'm not sure of the next move to be honest...but what I will do is move this to the Legal Issues forum....I'm wondering if you can possibly request the court to strike out the claim....

[little_evo]

Thanks 42man for moving this for me. I did call up the court and the case is still stayed and has been since September, I thought I had read where I should wait for about three months before trying to strike out the claim. I just not sure what I should do if anything. Anyone else have any idea? Thank you for all your help.

[42man]

Dear Sir/Madam,

Your help desk has informed me that my case has been stayed due to the fact that the Claimant has failed to contact yourselves within 28 days after receiving my defence.

On the XXXX 2008 I requested under the Civil Procedure rules that the claimant furnish me with certain information (see attached letter) which would prove that they had the legal right to undertake Court action against myself with respect to the alleged debt as well as to permit me to submit an appropriate defence, to this date I have received nothing from the claimant.

In light of the fact that the claimant has failed to contact yourselves within the prescribed time period and has failed to provide me with the Statutory required proof that they can undertake Court action against me with regards to the alleged debt I respectfully request that the Court Strikes the Claim out.

[little_evo]

Hi 42man, so do I send this to Northampton Court? I'd tickle your scales again but it keeps telling me to spread it around but you've been so much help to me and I wanted thank you again!

[42man]

Edit as required and send to the court Little E....

[bazaar]

Hi Little

I wouldnt worry too much about Actio F or whoever they are, It looks like a German company anyhow. But doesnt show on searching it.

You've already put the account into dispute as 42Man has said, His letter to the court should get something moving one way or tother

[little_evo]

I will send the letter off tomorrow and thank you bazaar for the reassurance.