Court Summons out of the blue - What do I do now?

[Elkus]

Oh, one thing I've been meaning to ask...

 

Remember that this is my wife's account, and that the account had been going for about 3 years. She changed her name a year ago when we married, and was sent a new card with her new name on it. Should a new agreement have been provided along with the card?

 

I'm eager to chase this one up as my defence should really be in by Friday (as the deadline is Saturday 29th) and I'm hoping to discover more avenues for our defence.

 

Elkus

[citizenB]

Hi Andy,

 

The DN says exactly as you see it, that's the whole of the page.

 

The pics are hosted by photobucket but I'll see what I can do!

 

Elkus

 

If you havent heard from andy later on today, you can pm him and put a link to your thread. Alternatively hit the red triangle to the left of the screen under your avatar, just ask if someone could help with your defence.

[42man]

A few different cases here Elkus

 

http://www.consumeractiongroup.co.uk/forum/legal-issues/119326-capquest-court-summons-received-5.html

 

http://www.consumeractiongroup.co.uk/forum/legal-issues/95027-cabot-county-court-claim-16.html

 

If you still need more info please shout....

[Elkus]

Hello 42man,

 

Thanks for the heads-up, but the first link has a defence where the CA has yet to be provided. I have been sent a copy of our CA which hasn't been signed by the creditor so could I state that they have failed to provide a valid copy? Or should I work on something else for my defence?

 

The second link has a witness statement but I'm not sure if that's what I should be providing yet as it's only the defence I need to produce!

 

I'll have another trawl through the forums for a suitable defence but so far I'm not having much luck

 

Elkus

[bgqs]

I have just received a court summons from egg so will be subscribing to your thread

[Elkus]

Hey bggs, thanks for subbing

 

Would be great if you could get some good tips from this thread! After all I'd be glad to help someone else if their problems are similar to mine...

 

Elkus

[Elkus]

Hey folks,

 

Just a quick shout to say that my defence should be in by Friday, and I would like some help with putting one together!

 

Is anyone able to advise please?

 

Thanks!

 

Elkus

[AndyOrch]

Hi Elkus

 

 

I would advocate submitting the following this can be input on line vis a vis MCOL using your password on the summons.Copy and paste and submit print off your reciept as proof and sit back.

 

 

A defence should deal with the claimants pleading and not be complicated and long in these matters. It should not contain references to cases etc. Do not forget you may have to argue that which is contained in your defence and so you need to understand that to which you are endorsing a statement of truth. Until the claimant pleads in an appropriate manner, you should not reveal all your 'cards'. I suggest a defence as follows:-

 

 

Defence

 

 

I Elkus make this statement as my defence to the claim brought by(Claimant name)

 

1.The claimants particulars of claim are vague and fail to disclose any cause of action, they appear to be an abuse of the process in that they fail to deal with the basic rules of pleading in accordance with the CPR

 

2.No documents supporting the claims in the particulars have been offered which the defendant needs to establish what agreement it is that this action is based upon

 

3.Without clarification of the claimants claim, the defendant is extremely disadvantaged and the claimants claim appears without merit

 

4.Further to above the defendant is unable to plead effectively or at all. The defendant is embarrassed.

 

 

 

 

The above is all you need to place in the defence.

 

You should write to the claimants solicitors as follows:-

 

' Herewith copy defence by way of service, the same having been filed with the court.

 

Please serve amended particulars of claim and plead yor clients case in an appropriate manner within 7 days, so that I am aware of the case I will have to meet at trial. I request that you attach to the particulars a copy of the agreement upon which the claimant relies. The matter will be transferred to my home court and the claimant will have to produce the document, in any event. In those circumstances you should plead in accordance with the CPR.

 

Failure to provide that requested in the time period provided for will result in application to the court. I confirm a copy of this letter will be produced to the court when the question of costs falls to be decided'.

 

 

Yours Elkus

 

Send Rec Del and retain proof dont sign print

#

 

Regards

 

Andy;)

[Elkus]

Great, thanks very much! That's pretty much what I was looking for but was a bit put off by the long defences :?

 

However I have a couple of questions to ask, if you don't mind? As you say I need to be fully aware of all the facts, so I'd like to clarify a couple of points:

 

2.No documents supporting the claims in the particulars have been offered which the defendant needs to establish what agreement it is that this action is based upon

 

I assume we're referring to the lack of documentation supplied with the claim? I gather this is standard practice with online applications (although last time I saw a claim come from Northampton it had all the referenced materials attached) and is 'acceptable'?

 

I'm also assuming that we're not including the fact that they sent the materials under my CPR request, so is this relevant?

 

4.Further to above the defendant is unable to plead effectively or at all. The defendant is embarrassed

 

I've always been curious about this... What exactly does pleading embarrassment achieve?

 

I request that you attach to the particulars a copy of the agreement upon which the claimant relies.

 

Haven't we already asked for this under CPR? They did send me a copy when asked, although it is of dubious nature...

 

But apart from that, thanks again, you've all been really helpful with your suggestions

(Can there ever be too much praise??)

 

Elkus

[AndyOrch]

Great, thanks very much! That's pretty much what I was looking for but was a bit put off by the long defences :?

 

However I have a couple of questions to ask, if you don't mind? As you say I need to be fully aware of all the facts, so I'd like to clarify a couple of points:

 

 

 

I assume we're referring to the lack of documentation supplied with the claim? I gather this is standard practice with online applications (although last time I saw a claim come from Northampton it had all the referenced materials attached) and is 'acceptable'? I have never seen one from CCBC with docs attached

 

I'm also assuming that we're not including the fact that they sent the materials under my CPR request, so is this relevant? You recieved a NoA which looked ok the DN is undated so invalid and the CCA is unsigned therefore unexecuted ( This could be regarded as a minor omission and still rendered enforcable )

 

 

 

I've always been curious about this... What exactly does pleading embarrassment achieve? Doesnt achieve anything just outlines your ignorance to a vague POC.I appreciate the Account number is named but without the CCA means very little.

In view of the above docs being supplied i would be inclined to not send the follow up letter to their Sols but just submit the short Defence.Dont reveal all your cards for now you will have another opportunity at AQ stage.The DN is your key in this matter its invalid because of no date therefore the account as been terminated unlawfully and therefore the proceedings as well.If you feel confident to argue the above point then thats the way to proceed.

 

 

 

Haven't we already asked for this under CPR? They did send me a copy when asked, although it is of dubious nature...Point this out at AQ

 

But apart from that, thanks again, you've all been really helpful with your suggestions

(Can there ever be too much praise??)

 

Elkus

 

 

Regards

 

Andy

[Elkus]

Aha now I understand!

 

Do they have to state the account has been terminated, or does the issuance of a DN and the follow-up court claim automatically render the account terminated? Still not 100% sure on this one cos they could claim the account hasn't been terminated and issue a 'correct' DN at a later date...

 

Other than that I'll get the defence sent later on in the week once I fully understand what I'm putting there!

 

Elkus

[AndyOrch]

Aha now I understand!

 

Do they have to state the account has been terminated, or does the issuance of a DN and the follow-up court claim automatically render the account terminated? Still not 100% sure on this one cos they could claim the account hasn't been terminated and issue a 'correct' DN at a later date...Unlawfully terminated they cant reissue a second DN unless you resign a new agreement which is unlikely

 

Other than that I'll get the defence sent later on in the week once I fully understand what I'm putting there!

 

Elkus

 

 

Andy;)

[Elkus]

Right you are then! So in either case the account has been 100% terminated... I think that's cleared that one up!

 

Thanks for the advice,

 

Elkus

[AndyOrch]

Stick to the DN flaw everything else is immaterial

 

 

Andy;)

Edited November 27, 2008 by Andyorch

[Elkus]

Ok the defence is now in!

 

I'll keep everyone posted when I next receive something

 

Elkus

[StayingCalm]

Hi Elkus

 

There's loads in my thread regarding faulty DN's. Won by discontinuance.

 

http://www.consumeractiongroup.co.uk/forum/dca-legal-successes/145452-stayingcalm-abbey-no-cca.html#post1532306

 

Have a read, you should learn a lot.

 

Good luck

sc

[Elkus]

Hey SC,

 

I've been reading your thread with interest, which helped give us the confidence we can do this

 

Thanks for the support!

 

Elkus

[Elkus]

Ok, time for an update...

 

After sending off our defence, the courts sent a letter back stating that they had received the defence and that the claimants have 28 days to respond, etc etc etc.

 

We weren't expecting much of a response this side of the New Year so were a little bit surprised to receive a letter from Howard Cohen. Here's the contents of said letter:

 

"We can confirm that we have been instructed by our client to discontinue the county court claim issued against you as the claim was instructed in error, therefore, please find enclosed by way of service upon you a Notice of Discontinuance."

 

And sure enough, attached to the letter was the following:

 

In The Northampton CCBC

Claim No: XXXXXXXX

 

Between:-

CL Finance Limited

Claimant

 

 

And

 

 

 

XXXXXXXXXX

Defendant

 

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

Notice of Discontinuance

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

 

 

TAKE NOTICE That Upon the Defendant making payment to the Claimant that the Claimant hereby discontinues all proceedings under the above numbered action and accordingly withdraws from the same.

 

Dated and signed etc etc

So, they discontinued!

 

However I have a question regarding this notice, something I'm not 100% sure of...

Upon the Defendant making payment to the Claimant

Am I to assume that if we make a payment they'll drop the case? Or is this just their way of saying we owed them in the first place and they're just dropping it without expecting anything from us?

 

Elated and confused! Not a good combination!

 

But in any case, many thanks for all your help and support in getting this result! It's very much appreciated! Kudos all round I think!

 

A happy Elkus

[AndyOrch]

Well done Elkus;)

 

 

Regards

 

Andy

[citizenB]

Well done, however, did this come from the solicitor only, have you been notified by the court of the discontinuance. I would phone and check on Monday

[bgqs]

Well done...now go for costs

[Elkus]

Yeah, I'm going to phone the courts this week to see if they've received the notice. However I'm not sure we can claim costs for a discontinuance, can we?

 

Elkus

[bgqs]

I would say so....After all, you have spent time preparing and studying case law etc in order to prepare your defence. Also, you will have incurred stationary and postage costs ?

 

Worth a try anyway !