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


Elkus
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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

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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.

Have we helped you ...?         Please Donate button to the Consumer Action Group

Uploading documents to CAG ** Instructions **

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy - HERE

2: Take back control of your finances - Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

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2: Does your Bank play fair - You can force your Bank to play Fair with you

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Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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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

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

Claims:

bgqs v Barclays (Claim No.1) - Claim Issued 16/3/07 Await Defence to be Entered - Data Protection Act Non-Compliance - *WON

 

bgqs v Barclays (Claim No.2) - Prelim Letter Sent (Charges + s.68 Interest) - 16/3/07 - *WON

 

bgqs v Halifax - Prelim Letter Sent (Charges +C.I Interest) - 16/3/07 - *WON

 

*Paid Deposit on New House with my Winnings !

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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

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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;)

We could do with some help from you.

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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?:rolleyes:

 

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 :D

(Can there ever be too much praise??)

 

Elkus

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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?:rolleyes: 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 :D

(Can there ever be too much praise??)

 

Elkus

 

 

Regards

 

Andy

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHER

 

Have we helped you ...?         Please Donate button to the Consumer Action Group - The National Consumer Service

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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

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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;)

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHER

 

Have we helped you ...?         Please Donate button to the Consumer Action Group - The National Consumer Service

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Stick to the DN flaw everything else is immaterial

 

 

Andy;)

Edited by Andyorch

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHER

 

Have we helped you ...?         Please Donate button to the Consumer Action Group - The National Consumer Service

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  • 3 weeks later...

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!:p

 

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 :D

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Well done Elkus;)

 

 

Regards

 

Andy

  • Haha 1

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHER

 

Have we helped you ...?         Please Donate button to the Consumer Action Group - The National Consumer Service

If you want advice on your Topic please PM me a link to your thread

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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 :D

Have we helped you ...?         Please Donate button to the Consumer Action Group

Uploading documents to CAG ** Instructions **

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy - HERE

2: Take back control of your finances - Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

BCOBS

1: How can BCOBS protect you from your Banks unfair treatment

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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Well done...now go for costs ;)

Claims:

bgqs v Barclays (Claim No.1) - Claim Issued 16/3/07 Await Defence to be Entered - Data Protection Act Non-Compliance - *WON

 

bgqs v Barclays (Claim No.2) - Prelim Letter Sent (Charges + s.68 Interest) - 16/3/07 - *WON

 

bgqs v Halifax - Prelim Letter Sent (Charges +C.I Interest) - 16/3/07 - *WON

 

*Paid Deposit on New House with my Winnings !

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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 !

Claims:

bgqs v Barclays (Claim No.1) - Claim Issued 16/3/07 Await Defence to be Entered - Data Protection Act Non-Compliance - *WON

 

bgqs v Barclays (Claim No.2) - Prelim Letter Sent (Charges + s.68 Interest) - 16/3/07 - *WON

 

bgqs v Halifax - Prelim Letter Sent (Charges +C.I Interest) - 16/3/07 - *WON

 

*Paid Deposit on New House with my Winnings !

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