Help Urgently Needed Northern Rock Small Claim Refusing Further Info

[clivey888]

Hi i urgently need some advice i requested a cpr 18 as recieved a claim against me regarding debt for a credit card the sum was £1100 and they replied that civil procedure rule part 18 request for further information does not apply to small claim procedures, I have until 5th september to respond to court northampton court as i seem fit as they state in letter, WHAT DO I DO????

 

This is confusing me big time, I wrote to them on the 11th August and they leave it until now to reply leaving me 2 days to respond.

 

Any help will be greatly appreciated.

[clivey888]

Is there anyone out there who can advise me if this is true regarding small claims and what can i do next as time is not on my side.

[creditcardmug]

Hi, can you post up the POC,removing any personal details?, have you filed the AOS?

[clivey888]

sorry what is the pos and aos ???

[miaow99]

particulars of claim

 

aoc - acknowledgement of service

[clivey888]

Sorry my scanner is not working which is a pain but the following info is as follows:

 

POC:

 

the claimants claim is for the sum of 902.62 being monies due from the defendant under a regulated credit card agreement made in writing between the defendant and claimant under ref @@@@@@@@@

 

The defendant has failed to make payment in accordance with the terms of the agreement and a default notice has been served upon the defendant persuant to section 87 (1) of the consumer credit act 1974.

 

The claimant claims the sum of 902.62

 

 

 

Also Amount claimed 902.62

court fee 55

solicitors fee 70

total amount 1027.62

 

 

 

The AOC was filed online i hope this what your refering to is was done on the 4th August and i ran the court to be told today i need to do nothing as it will be passed onto my local court??????

 

Claim details Country court Northampton County Court Claim no.

Claimant

(including ref.) CL FINANCE LIMITED R.O. KINGSTON HOUSE Defendant

 

 

Defendant's name Defendant's full name if different from the name given on the claim form Mr

 

 

Defendant's date of birth (My)(Defendant's)

date of birth is

 

 

Address details Address

 

 

 

Country Postcode

Tel no.

(if applicable) Fax no. DX no. E-mail @ntlworld.com

 

Tick the appropriate box

You selected:

 

1. I intend to defend all of this claim
   

If you file an acknowledgment of service but do not file a defence within 28 day of the date of service of the claim form, or particulars of claim if served separately, judgment may be entered against you.

If you do not file an application within 28 days of the date of service of the claim form, or particulars of claim if served separately, it will be assumed that you accept the court's jurisdiction and judgment may be entered against you.

 

 

Please sign here Signed

Defendant Position or office held

(if signing on behalf of firm or company) 4 August 2008 17:04 Date

[clivey888]

sorry also issue date was 28/07/08 for the claim form from c l finance who by the looks bought the debt from northern rock.

[creditcardmug]

Ok, as you have filed your AOS, you have 33 days from 28/7 to file your defence, you have sent the claimant a CPR request which they say they dont have to comply with, this is rubbish, but is normal for them.

provided you get your defence in in time you should be ok.

The fact that they have failed to respond to your CPR18 request is in your favour, and will go into your defence.

 

Just to be sure of the facts,

1. have you ever sent a CCA request for this, and have you had a reply to it?

2. Have you ever recieved a Default Notice for this?

3. have you had Notices of Assignment from both the original creditor and CL for this?

4. Who is the original creditor?

[creditcardmug]

Just checked the calendar, i think your defence should have been filed by the 29th august, is this correct?

[clivey888]

ok i filed a defence last week but stated that cpr 18 req no info forth coming which is vital for my defence and requested more time, Somehow i think i shouldn't of done that, I have never rec a default notice and no correspondance from them either.

 

I have never req any info from before not had any letters nothing from them, the origonal debt was a northern rock credit card but then taken over by co-op bank.

[creditcardmug]

Have you got another thread running on this one mate just checked and there's about a dozen threads there?

 

Are you saying you have NEVER recieved a copy of an aggreement on this?

And you have never received a default notice?

[clivey888]

yes mate was desperate that i put another thread on the co-op bank side but will delete that mate, and yes i have never rec a copy of the agreement or a default notice.

 

Just checked the other one i put up but no replies to it just 6 viewed, Dont know about the dozen threads ?????

Edited September 3, 2008 by clivey888
additonal info

[creditcardmug]

Ok, so you filed your defence in time,Who is the claimant now, as on the front of the claim form?

Can you post up your defence, without any personal details, this will help going forward.

 

On the plus side mate, if you have asked for and not recieved ANY of the relevant docs i.e. agreement, default notice, notice of assignment, and nothing in response to your Cpr request, then you are in a strong position here.

[clivey888]

Here is my defence, Not very profesional hence the cry for help here and your a god send mate feel a weight being lifted from my shoulders with your help.

 

Defence After further advice regarding the claim i have requested further information which

form my defence, As a result no information as been rec to date and require

additional time to put my defence together, A request for all statements a copy of

the signed agreement has been requested and a defence cannot be put together until

recieved from the claimant.

 

REQUEST FOR INFORMATION CPR 18 to date no information has been received 1st request

sent normal post 8th no response, Another request has been sent 1st class recorded

delivery on the 23rd August currently awaiting response.

[clivey888]

Sorry left out claimant who is now CL Finance Ltd based in batley.

[creditcardmug]

Hi again, a bit of background here CL are part of Lewis group/ cohen solicitors, they always say they do not have to comply with the CPR, which is rubbish.

Your defence is very thin, i wish you had come here sooner, but no matter, since you have filed a defence this will now be moved to your local court, the other side will have 28 days to decide whether to continue, if they do then the next trhing you will get is an Allocation Questionaire, this thing appears at first to be daunting to most people on here, but isnt really.

 

Come back if/when you get it, you can then make diections for the court to order that the other aside provide all said documents.

 

Dont worry too much at this stage, you havent made the best of starts on this, but you can still get this right.

For instance when AQs have to be submitted, they have to pay again and you dont!

Regards CCM

[clivey888]

Many thanks CCM will sit and hold tight now.

[surfaceagentx20]

Dealing with your question about whether CPR 18 applies to small claims cases, the answer is found in CPR 27.2 which says at CPR 27.2(1)(f) that CPR 18 does not apply to small claims cases. However. CPR 27.2(3) says:

 

The court of its own initiative may order a party to provide further information if it considers it appropriate to do so.

 

Strictly speaking, until the court allocates the case to a track it remains trackless so whilst it is correct for the opposition to say that CPR 18 does not apply to cases on the small claims track, at the time they wrote saying that, the case in question was trackless.

 

When you complete the AQ say you require further information and rely on CPR 27.2(3). I'd be gunning to check the validity of that default notice.

 

x20

[citizenB]

Any further news on this clivey ?

[clivey888]

Hi Citizen, Today i have recieved general form of judgement or order stating this claim is stayed until 4pm 24th november, Each party must by that date infrom the court in writing of progress made in settling the claim since the date of the order.

 

Well stressed out right now as have a lot going on in my life and there is another thread with regards to mbna court date next friday,

 

thanks for your help in advance.

[citizenB]

Hi clivey, Yes, I see your day hasnt started off too well has it.

 

Did you get to look at a copy of the Default Notice as per X20's post ? At least you have a few days in hand for this, so other people will be able to look in and offer advice.

[clivey888]

no they didn't send any info to me as they refused the cpr request as stated in previous post, Shall i request this info again now?

[citizenB]

clive, if they have mentioned the default notice in the POC, then you might be able to amend and use x20's letter in the first post of the following link to get sight of it and any other documents again mentioned in the POC.

 

http://www.consumeractiongroup.co.uk/forum/legal-issues/159445-getting-them-reveal-their.html#post1707671

[clivey888]

Hi all i have just sent the letter out as stated by Citizen B and forwarded copy to district judge cooper. will update on developments.

[clivey888]

Hi Citizen,

There have been some developments, I have written as above but had no reply but then phoned them as days were ticking over and as i thought they were sitting on the info claiming to be waiting for all the info to be together before sending, I have recieved copy statements and letters i used ie: bills etc to open the cc account, Also They have supplied a what they call and might be for all i know the agreement in question which has a scribbled line for a signature no signature on the reviewer part, the date doesn't make sense it is all like someone couldn't be bothered just yeah yeah he will do sort of attitude, Again this is my application the only thing i filled out.

 

The terms and conditons are not on the back and the terms they sent me was only part of it starting from 10.7 (what they playing at)

 

 

 

I have until the 24th November to get my letter to the judge stating developments, Could you please assist advising if this is a legal doc will it stand, Nearly forgot they have not provided me the default notice as i said before adamant i never got one and i have not received the notice of assignment from co-op to cl finance.

 

What do i do now please???????

 

 

 

Edited November 20, 2008 by clivey888
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