northampton claim form

[josh8]

hi just read thread cabot county court claim form , i have just been issued claim form from marks & spencer solicitors , was going down

line no cca just application foam . do not no what to do , see this case lost at northamton :-?

[tinkerbell20]

First thing to do is to log in online and acknowledge service indicating the you intend to defend the claim. This gives you an extra 14 days to prepare the defence with the help of this forum.

[AndyOrch]

If you could give alittle more background to your case ,was this a loan or CC have you defaulted etc and will advise further,Dont be in a rush to AoS untill you provide further details.

 

Regards

 

Andy;)

[josh8]

hi its like a cread card marks & spencer personal reserve . had it since 1997 stop paying in dec 07 tried to smaller amounts feb 08 but was told the account had gone to d.g. solicitors .i had asked m/s for c.c.a. thay had sent , application foam . had letter from solicitors 17 july asking for payments , i than asked them for c.c.a thay sent same ap foam . i then sent letter from site this is not c.c.a . thay wrote back saying , we note you have issues with the legibility of the agreement ,however we are unable to provide a better copy of the signed agreement . we confirm we will request from our client a true copy of the agreement you would have signed, which we will for to youself upon receipt . as it stands we have been istructed to issue a claim in this case without further delay . this was on 22 aug.got cout form on 4 sept

[josh8]

not sure what to do sally

[Goldlady]

Can you post up the application form you have received? Don't forget you need to acknowledge the claim within 14 days.

 

Have you been paying them anything at all since Dec 2007?

[josh8]

will post it 2 mos my scaner not working .have not payed since dec 07 tried to pay in feb but m & s said no! acc had gone to solicitors !!

[josh8]

how do i put an image up that is saved under my documents??

if i defend this, where is the case heard?

[B3rty]

Josh8

 

The process is this

 

You need to acknowledge receipt of the claim and chose to either accept or defend with in 14 days

 

If you chose to defend this gives another 14 days…although you acknowledge online its worth phoning the court to find out the exact day the defence is due.

 

You then have to put in a defence which would be based on the status of the credit agreement

 

Northampton then transfer this to your local court who issue an Allocation questionnaire in which you outline your case requirements

 

You send a copy of this back to the court and a copy to the claimant

 

The Judge looks at this and either sets aside, makes further requests for information or sets a court date.

 

You then prepare your defence and send a skeleton argument of this along with the documents you will be using to the court and to the claimant normally 14 days before the hearing date

 

The claimant also has to do the same

 

You attend court and argue your case and either win or lose depending on how strong your legal argument is presented.

 

This takes 3-4 months from start to finish and along the way the claimant may decide to offer a settlement or even pull out of the proceedings if they think you have a good case

[josh8]

thanks was hopeing not in loacl court as just had sat .d. sat a side because it was served wrong . judge said applicication foam was c.c.a and did not need prescribed terms , how can i see her again help

[josh8]

will put application foam on 2 mos , had prob with my scanner . did it at friends to day not sure how to gat it up on site

[Goldlady]

Probably won't be the same judge - unless you are very unlucky. If it is a valid agreement - unlikely - then the fact that you have tried to offer reduced payments which they have refused will go in your favour.

[josh8]

 

http://i538.photobucket.com/albums/ff342/sallyann_08/kims_scanner.jpg

Edited September 18, 2008 by josh8

[josh8]

could you look at my c.c.a. !!

[42man]

Josh....I can't read the 2nd page very well...but this may help you....

 

IS MY AGREEMENT ENFORCEABLE( Via section 127(3) CCA1974)

PRESCRIBED TERMS FOR THE PURPOSES OF SECTIONS 61(1)(0) AND 127(3) OF THE

CONSUMER CREDIT ACT 1974 Taken from sced.6(1983/1553) regulations

(If you just want to find out, skip the bits in between the stars it’s just some extra information)

 

**What do we mean by unenforceable?

In the Consumer Credit Act section 127 there is a provision for making an agreement unenforceable if it does not contain certain pieces of information.

Subsections 1,2,3,4 state which pieces of information these are, and everything mentioned there must be included within the body of the agreement, if one is missing the agreement is unenforceable.

 

How does unenforceable differ from enforceable with a court order only?

When an agreement is unenforceable it means that the court or the judge cannot make a ruling on it. The court cannot make it enforceable.

When an agreement is enforceable only by ruling of the court it means that the agreement can be stopped by the debtor but the court has the power to re-instate it and allow the credit to continue to enforce.**

 

The Prescribed Terms are these

 

A Amount of credit

A term stating the amount of credit

 

B Repayments

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-

(a) Number of repayments;

(b) Amount of repayments;

© Frequency and timing of repayments;

(d) Dates of repayments;

(e) 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.

 

C Rate of interest

A term stating the rate of interest to be applied to the credit issued under the agreement

D Credit limit

This may be a term or the manner in which it will be determined or that there is no credit limit.

--------------------------

 

Which of these applies to you depends on the type of agreement you have?

 

For a Running Account (credit card) agreement

 

BC and D Apply

 

For a Restricted Use Debtor Creditor Supplier

• Where the dealer is the supplier and the creditor is the one providing the finance.
  
• The money can only be used for the purpose it is given.
  
• There is no interest on the purchase (the cash price is the same as the total price)
  
• And there is no advance payment
  

A is applicable

 

For a fixed Sum Credit Agreement

A conventional credit agreement with none of the above restrictions

 

A and B apply

 

For a Hire Agreement

 

B is Applicable

 

This paper only covers section 127(3) of the Act agreements can also be unenforceable by contravention of sections 1 and4 this will be the subject of the next paper.

Please note that these Prescribed terms where not changed in any way by the 2004/1482 Ammendments although the form in which they appear on the agreement was. Subsection127(3) was repealed on the 6th of April 2007 so that unenforceability due to 127(3) will only apply to agreements executed before that date.

[42man]

Josh as has been said if you are going to defend this then you need to acknowledge the service within 14 days on the date of the claim....

 

THEN you will have a further 14+3 days to submit a defence.....

 

You could send this to the opposing solicitors (do it asap by recorded / guaranteed delivery)

 

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).

 

 

 

I would spend some time reading the other threads too in legal successes.... - http://www.consumeractiongroup.co.uk/forum/dca-legal-successes/

[blind-as-a-bat]

I would say it ilegable, some off the top paragraphs are even obscured by something, but you can see some personel details through your blacking out Josh so if i where you i would remove and recver them a bit better

 

One thing as well your bank details on the direct debit can be seen imprinted on the reverse

[josh8]

thanks will do that

[josh8]

i have send acknowledgment of service to court . will ring court on mon to find when defence need to be in . can you help me with derence . i have send letter from 42 man to solicitors of marks and spencers . still cant stop thinking about the thought of seeing same judge who said appliction foam is c.c.a

[tinkerbell20]

i have send acknowledgment of service to court . will ring court on mon to find when defence need to be in . can you help me with derence . i have send letter from 42 man to solicitors of marks and spencers . still cant stop thinking about the thought of seeing same judge who said appliction foam is c.c.a

 

 

Wll stop thinking about that DJ or thats what you'll get. Focus on the likelihood being very good of getting a different DJ

[josh8]

hope so , seems to only be 2 reg judge in our court !!

[josh8]

hi i send my defence to court ,which they acknowledge on the 6 oct and said that m/s had 28 days to contact the court if thay wish to proceed do u know when it starts from

[josh8]

I have not heard any thing from them since the 6th October 2008, where they said my account was stayed.

Then i received a letter on the 11th feb 2009,

the beginning of the letter said they were responding to my deffence. it also enclosed 3 documents:

1. Copy legible agreement together with terms and conditions

2. Copy standard notice of default

3. Copy statement of transactions

 

A defult notice was issuse on the 23rd July 2007.

 

" you do not dispute ever having the personal. Clearly, the monies have not been repaid and remain outstanding from you.

 

Please now conform that you no longer dispute the claim and provide your proposals for repayment of the outstanding balance which at time of writing amounts the sum of....... A letter of consent for your agreement, signature and return is enclosed from which you will note that we shall also apply for judgement to be entered against you in the sum of ...... together with the fees and costs of issue. "

" in default of a response from you by 25th Feb 2009 we are instructed to apply to enter summary judgement on the full amount due. Once judgement has been obtained we may take enforcement action against your assets to obtain payment. "

 

On the consent form, they have asked me to withdraw my defence and if i do this they will not apply for summary judgement. The court will enter judgement against me for the sum of....... + the cost.

 

Could any body help????

[GhostDebt]

First I would suggest you ring the court and ask them what the current status of the claim is. Is the claim still 'stayed' or has the claimant applied for an order lifting the stay.

Ask the court what the next procedure is if the 'stay' has been lifted.

The statements made by the court are more important than the correspondance from the claimant.

Hopefully someone with a bit more knowledge than me will come along soon to offer you some further help and support.

 

Best regards.

[blind-as-a-bat]

I have not heard any thing from them since the 6th October 2008, where they said my account was stayed.

Then i received a letter on the 11th feb 2009,

the beginning of the letter said they were responding to my deffence. it also enclosed 3 documents:

1. Copy legible agreement together with terms and conditions

2. Copy standard notice of default

3. Copy statement of transactions

 

A defult notice was issuse on the 23rd July 2007.

 

" you do not dispute ever having the personal. Clearly, the monies have not been repaid and remain outstanding from you.

 

Please now conform that you no longer dispute the claim and provide your proposals for repayment of the outstanding balance which at time of writing amounts the sum of....... A letter of consent for your agreement, signature and return is enclosed from which you will note that we shall also apply for judgement to be entered against you in the sum of ...... together with the fees and costs of issue. "

" in default of a response from you by 25th Feb 2009 we are instructed to apply to enter summary judgement on the full amount due. Once judgement has been obtained we may take enforcement action against your assets to obtain payment. "

 

On the consent form, they have asked me to withdraw my defence and if i do this they will not apply for summary judgement. The court will enter judgement against me for the sum of....... + the cost.

 

Could any body help????

 

Ok that may, and i stress 'may' be scare tactic's, has what they have supplied contained the prescribed terms? can you scan and post it less personal info?

 

The other copy you posted was unclear, but it seems no prescribed terms where in the sig document so it is important we see what you now have to advise you correctly