Unknown CL Finance CCJ/CO on Barclaycard debt. **STRUCK OUT**

[DocH]

I'd begin the letter something like this:

 

On ??/??/?? in the (Name) County Court Judge (Name) ordered that the County Court Judgement for CL Finance be set aside. I confirm that it is my intention to now contest all of your claim.

 

Just to provide them with sufficient information to identify which claim it refers to.

Edited January 27, 2009 by DocH

[tendogs]

subbing and wishing you well deedee. I hope your computer is feeling well

[deedee43]

thanks tendogs ! Computer isnt too bad now .

[deedee43]

Thanks to everyone for their help and support i really apreciate it . I sent letter to solicitor by recorded delivery which they only recieved yesterday but i need to file a defence for the 2nd Feb .Where do i start please ?

Thanks

Deedee

[DocH]

Well as you haven't got any documents from the opposition yet, on which to base your defence I think something like this should do it (with thanks to surfaceagentx20 who originally drafted it for another case):

 

IN THE (NAME) COUNTY COURT Case No

BETWEEN:

 

 

Give Claimant's Name (Claimant)

 

and

 

 

You - Give Name (Defendant)

 

 

 

DEFENCE

 

 

1 The Defendant denies that the Claimant is entitled to any of the relief claimed or at all.

 

2 For want of any or any adequate particularity apertaining to the allegations concerning the agreement, the Defendant's default, its termination and assignment, the Defendant is embarrassed and unable to further plead to the Particulars of Claim.

 

I, believe the above statement to be true and factual

 

DATED:

 

SIGNED:

 

You'll need to ensure delivery of this to the court before 4 o'clock on Tuesday. If you are unable to hand deliver it on Tuesday then please send on Monday using Special Delivery (next day by 1 pm) costs about £4.40 I believe.

 

Oh and at tendogs

Edited February 1, 2009 by DocH
missing info

[deedee43]

Thanks DocH i have wrote it out and will take it along to court before 4 on tuesday . Will let you know when and if i recieve anything from CL Finance.

thanks

deedee

[DocH]

Ok, if you've not heard anything by a week on Monday (7 Feb)then you'll need to get a N244 to the court to force the opposition into supplying the documents. I'm expecting that Cohen's if they play their usual game, will reply along the lines that the POC is sufficient for you to submit a defence. I could of course be wrong.

 

The procedure you will be following for the N244 is as described by surfaceagentx20 here:

 

http://www.consumeractiongroup.co.uk/forum/legal-issues/159445-getting-them-reveal-their-3.html#post1771008

 

The cost I believe for submitting the N244 is £40, unless you qualify for a remission of fees.

[DocH]

Hi deedee, have you received anything from CL Finance/Cohen's ?

[deedee43]

hi doch , havent recieved anything from them , ive been to court today to pick up N244 going to fill it in now and then get it back to court tomorrow , thought i would of had something by now

thanks

deedee

[deedee43]

hello , im filling my N244 in and im not sure how to put it ?? what date do i put about filing and serving my defence ?? i dont have to pay the fee as i am on benefit so do i put in about costs ??

thanks

deedee

[deedee43]

can anyone help me with this please ? would like to take it to court tomorrow

thanks

deedee

[DocH]

Hi deedee, I think this is what you need to write on the N244:

 

In box [3] of the N244 write:

 

'An order that unless within 14 days of the making of an order upon this application the Claimant complies with a request made by the Defendant on (date of letter) pursuant to CPR 31.14 by the provision to the Defendant of documents mentioned in the Particulars of Claim, namely [1] the agreement [2] the default notice and [3] the assignment, the claim shall stand struck out and the Defendant shall be at liberty to enter judgment against the Claimant without further order of the court with the costs of this case to be paid by the Claimant to the Defendant to be assessed on the standard basis and pursuant to the provisions of The Litigants in Person (Costs and Expenses) Act 1975.

 

The application is made because of the Claimant's refusal to comply with the Defendant's CPR 31.14 request and the documents are required to enable the proper preparation of a Defence.'

 

In Box 4 write: 'Yes'

In Box 5 write: 'Without a hearing'

Ignore Box 6

In Box 7 write: 'None'

In Box 8 write: 'District Judge'

In Box 9 write: 'Claimant'

In Box 10 tick the box marked 'the evidence set out in the box below' and beneath it write:

 

'On (date), following the set aside of the Judgement Order by His Honour Judge ????? in the ????? County Court, I wrote to the Claimant requesting inspection of documents mentioned in the Particulars of Claim pursuant to CPR 31.14. A copy of my letter of request is attached to this application notice marked 'A'.

 

Todate the 12 February 2009 the Claimant has failed to supply any of these documents.

 

The agreement relied upon by the Claimant is now very old. The documents sought by my request are essential for the proper preparation of my defence and the determination of the claim and CPR 31.14 afford me a right to inspect those documents.

 

Sign the statement, attach the copies and complete the remainder of the N244 in the usual way applicable to your case.

 

On a separate piece of paper to be attached to your application notice, write this:

 

Claim No:

Draft Order

 

1. Unless by 4:00pm on 28 February 2009 the Claimant complies with a request made by the Defendant on (date) pursuant to CPR 31.14 by the provision to the Defendant of documents mentioned in the Particulars of Claim, namely [1] the agreement [2] the default notice and [3] the assignment, the claim shall stand struck out and the Defendant shall be at liberty to enter judgment against the Claimant without further order of the court, and

[ii] the Claimant shall pay the Defendant his/her costs of this case to be assessed on the standard basis and pursuant to the provisions of The Litigants in Person (Costs and Expenses) Act 1975.

 

2 In the event that the Claimant shall comply with this order,

the Defendant shall file and serve a Defence by 4:00pm on 14 March 2009 and

[ii] the Claimant shall pay the Defendant his/her costs of this application [in any event] [assessed in the sum of £130.00]

 

For your remission of Court Fees you need a form EX160 which you can either obtain from your court or you can download from here:

 

The requested resource (/HMCSCourtFinder/tiles/Her Majesty's Courts Service -Forms and Guidance) is not available

 

There is also an explanation leaflet which you can download from the same site.

 

Any other questions just shout.

[deedee43]

thats great thanks doch

[deedee43]

Hello DocH , Filled my N244 in and took it to court then yesterday i recieved an N150 allocations questionnaire got to be filled in and returned before 2nd March ??

[DocH]

Hello DocH , Filled my N244 in and took it to court then yesterday i recieved an N150 allocations questionnaire got to be filled in and returned before 2nd March ??

 

Hi deedee, the AQ was expected. You've got a fortnight before it's due in, so we'll aim to get it done a week Wednesday (25th), you also need to see if the Judge issues an order following your N244 application. In the meantime have a read of these threads when you get a chance:

 

http://www.consumeractiongroup.co.uk/forum/legal-issues/131499-directions-n150-n149-allocation.html

 

http://www.consumeractiongroup.co.uk/forum/legal-issues/175566-upto-eyeballs-cl-finance-2.html#post1916595

 

http://www.consumeractiongroup.co.uk/forum/legal-issues/159341-court-papers-received-what-6.html#post1759763

 

http://www.consumeractiongroup.co.uk/forum/legal-issues/158235-help-allocation-questionaire-soon-2.html

[deedee43]

Sorry i havent been around ive been poorly , i havent recieved anything from court or the claimant , do i need to fill this N150 in and take to court on monday ?

thanks

deedee

[DocH]

Hi deedee, sorry to hear you've been poorly, and hope you are feeling better.

 

You need to get your AQ filled in over the weekend and delivered to the court on 2nd Mar, which is Tuesday I believe. You also need to serve a copy on the claimant's solicitors, which you can do by using Special Delivery and post on Monday. Have you still had nothing back from the court concerning the earlier N244?

 

Have you had a chance to read any of the threads about AQs that I put in my earlier post yet?

[deedee43]

thanks doch im feeling alot better now , havent had anything from court either , i did have a read through but sorry i havent got a clue how to fill it in

[DocH]

Okay, no problems. I seem to have had a senior moment when writing my previous post. The 2nd is actually Monday:rolleyes: so you'll need to hand deliver the AQ to the court then and post off the solicitors copy.

 

I'll work on the AQ this evening and post up the result sometime tomorrow evening.

[deedee43]

you had me thinking it was a leap year lol . Thats great doch

thanks

deedee

[DocH]

Hi deedee,

 

Sorry I didn't get back to you yesterday, it was my turn for feeling poorly:(

 

You need to type this up on a seperate piece of paper which you will attach to the N150.

 

 

 

In the ************* County Court

 

Claim number **********

 

 

 

 

 

 

 

 

 

 

Between

 

 

 

************* - Claimant

 

 

 

 

 

and

 

 

 

 

 

 

 

xxxxxxxxxx - Defendant

 

 

 

 

 

 

 

 

 

Draft Order for Directions

 

 

 

 

 

 

 

The Claimant shall within 14 days of service of this order file and serve the following:

• Copies of the Credit Agreement and any documents referred to within it which complies with the consumer Credit Act 1974 and all subsequent regulations, which the claimant seeks to rely upon
  
• Default Notice compliant with s87 (1) Consumer Credit Act 1974 andConsumer Credit (Enforcement, Default and Termination Notices) Regulations 1983 (SI 1983/1561) as amended,
  
• Document, contract or deed of assignment
  
• Notice of assignment, with proof of service of the same compliant with s196 of the Law of Property Act 1925.
  
• Copies of any statement or other document relied upon
  

If the Claimant fails to comply with this order, the claim will be struck out without further order.

 

 

 

 

 

The Defendant shall within 14 days thereafter file and serve the following

• An amended defence sufficiently particularised in response to the documents supplied by the claimant
  

In Section I of the form, type the following:

 

XXXXXXXXXX -v- XXXXXXX

Claim No: xxxxxxxxx

 

 

 

 

 

N150 Allocation Questionnaire

 

 

 

 

 

Section I - other information

 

If the court is in agreement, the defendant respectfully requests that special directions may be given as per the attached draft order.

 

The defendant proposes these directions in mind of the Overriding Objectives, and in particular the duty of the parties to help the court further them. The issues outlined below are the crux upon which this claim rests, and the proposed directions identify these issues and will allow them to be assessed in advance of the hearing so that this claim may proceed justly and expeditiously;

 

Without production of the requested documents, I am at a disadvantage and am unable to serve a proper defence. Failure of the claimant to supply the requested documentation will make the case much harder for the court to deal with as without production of the requested documentation will inhibit the courts ability to deal with the case.

 

The House of Lords in the case of Wilson v First County Trust Ltd - [2003] All ER (D) 187 (Jul) made it clear in paragraph 29 of LORD NICHOLLS OF BIRKENHEAD judgment:

 

"29. The court's powers under section 127(1) are subject to significant qualification in two types of cases. The first type is where section 61(1)(a), regarding signing of agreements, is not complied with. In such cases the court 'shall not make' an enforcement order unless a document, whether or not in the prescribed form, containing all the prescribed terms, was signed by the debtor: section 127(3). Thus, signature of a document containing all the prescribed terms is an essential prerequisite to the court's power to make an enforcement order. The second type of case concerns failure to comply with the duty to supply a copy of an executed or unexecuted agreement pursuant to sections 62 and 63, or failure to comply with the duty to give notice of cancellation rights in accordance with section 64(1). Here again, subject to one exception regarding sections 62 and63, section 127(4) precludes the court from making an enforcement order."

 

Its is respectfully requested this case be allocated to the small claims track, it is a straight forward case and is easily resolved on production of the required documentation by the claimant, should the claimant not have the documentation required to progress this case I suggest that there will be no case to answer.

 

Therefore it stands to reason that this document must be disclosed before this case can progress any further.

 

Section A tick no to all. Then type in the box 'Reasons' "The claimant has failed to substantiate this claim"

 

Section B tick yes (and write in the box) “already transferred to my local court”

 

section C tick no. in the box write " This case is not covered by any approved protocol”

 

Section D Write the amount they are claiming, not including costs

applications tick no

 

witnesses write your name, and in brackets "myself"...in the other box write "all facts"

 

Experts tick no to the first question, leave the rest blank

 

Track Small Claims track...."it is a straight forward case and is easily resolved on production of the required documentation by the claimant"

 

Section E 3 hours....fill in the rest if there are any dates you cant attend

 

Section F tick yes to 1st question...no to 2nd

 

Section G leave blank

 

Section H leave blank

 

Section I tick yes to the 1st question...no to the second

 

tick no to applications

 

in the big box write "please see attached section I"

 

Sign & date it etc.

Edited March 1, 2009 by DocH

[deedee43]

Do i have to send a copy of this to the claimant ??

[DocH]

Yes, send by Recorded Delivery so that you have a receipt for it.

 

Have you been served with a copy of the claimants AQ yet? If not I would get onto the court to see if they have submitted one. If they have submitted one to the court, ask the court to send you a copy.

[deedee43]

i took it to court today and asked if i needed to sent the claimant a copy and she told me i didnt have to so i havent sent 1 ,will it make any difference ?? i havent recieved anything , she looked at where things were and she told me that they were waiting for the AQs and would be taking it from there she didnt say they had submitted 1 though

thanks

deedee

[DocH]

Hi deedee,

 

That is unusual, but if that's what you've been advised then go with that. I'd check again in about a weeks time to see if the court has received a copy of the claimants AQ.