County Court Claim Form received!

[bladeboy]

Hi all, this morning received a county court claim form from Incasso on behalf of Co-Op Bank.

 

It came via the Northampton Bulk Issue Centre.

 

The Particulars of Claim are vaugue to say the least. It just says: "....The Particulars of Claim is in respec of monies due pursuant to an account maintained with the claimant. And the claimaint claims: 1. XX,XXX

 

That's it. There's no reference to anything else.

 

I have CCA'd them and they will be in breach on Monday next week. They have not acknowleged service and I suspect that this form is a 'response' to be honest.

 

No deed of assignment ever issue although the firm Incasso say they are acting on behalf of the original creditor so not sure if they need one.

 

Some help with a defence would be appreciated.

 

This creditor is one of about 8. The sum is just in excess of £10,000.

[palomino]

You should send back the acknowledgment of service saying that you intend defend the case in full.

 

Separately you will need to send off a request to the claimant (or their solicitors) as shown on the claim form advising requesting that information about this purported account.

 

One of the legal people here will help with the exact wording if you need it. Just ask.

[creditcardmug]

I presume you are going to defend all of the claim?

[bladeboy]

Yes in the absence of any paperwork at all and vaugue particulars of claim, yes.

[bladeboy]

Yes I am

[pt2537]

ah fantastic

 

so no account number

 

no detail of the credit agreement?

 

No copy of the agreement attached?

 

this may be of use to you http://www.consumeractiongroup.co.uk/forum/legal-issues/166014-mbna-cbs-transcom-arrow-2.html#post1828117

[creditcardmug]

Ok, 1st, you need to acknowledge service, do it online now using the password on the front of the claim form, tick defend all of the claim, and print off the receipt when prompted.

 

Next, file this as your defence,

 

Defence

 

 

Ixxxxxxxxxxxxxxx make this statement as my defence to the claim brought by xxxxxxxxxxxx

 

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.

 

 

Next, send this to the other side by recorded, keep the receipt,

 

 

' 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 and Default Notice 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'.

 

[pt2537]

Ok, 1st, you need to acknowledge service, do it online now using the password on the front of the claim form, tick defend all of the claim, and print off the receipt when prompted.

 

Next, file this as your defence,

 

Defence

 

 

Ixxxxxxxxxxxxxxx make this statement as my defence to the claim brought by xxxxxxxxxxxx

 

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.

 

 

Next, send this to the other side by recorded, keep the receipt,

 

 

' 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 and Default Notice 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'.

 

or alternatively see the link i posted above as if you serve upon the other side a copy of your defence in the interim between them amending their statement of case, you must in accordance with CPR 22 ensure that you have a statement of truth

[creditcardmug]

Thanks Paul, ill save that for future reference

[pt2537]

Thanks Paul, ill save that for future reference

no worries dude:)

[bladeboy]

He guys, can't thank you enough for that. Will get to work tomorrow.

 

At this stage, do I say from the outset that I'll be defending the entire claim?

[creditcardmug]

He guys, can't thank you enough for that. Will get to work tomorrow.

 

At this stage, do I say from the outset that I'll be defending the entire claim?

 

Yes

[bladeboy]

Just checked my files. They haven't served a default notice either.

 

Should I put the whole defence in now or the abbreviated one as per PT's link?

 

Cheers.

[creditcardmug]

Do it PTs way, but be aware that if they don't comply you will have to make an application to the court which will cost you £45, you get this back if you win.

 

Have you phoned the court to find out what date your defence must be filed by?..i can work it out if you can say what date is on the claim form.

[bladeboy]

Right defence went in and will have been delivered today - the deadline will be tomorrow. Went special delivery. Got the receipt.

 

OK, what to do now?

 

Do I:

 

a) Send a full CPR request for info?

 

or)

 

b) Invite them to simply amend their POC and plead correctly in accordance with CPR pt 16?

 

Still no CCA, still no default notice.

 

PS: the defence was pretty much as PT's directions. Not too much put down but then the poc were a joke i.e. "you owe us xxx"

[creditcardmug]

Have you sent the letter to the claimant along with a copy of the defence as pt suggested? (dont forget dont sign this one just type your name).

 

Just a thought you say you sent the defence by post...did you sign a statement of truth at the end?

[bladeboy]

Yes, signed a statement of truth at the end, although one I typed out (as per posts on here and blue form format) and then hand signed.

 

Haven't sent anything to claimant yet. What to do now?

 

Sorry for the ignorance here, first time through the process.

[creditcardmug]

Dear Sirs

 

 

 

Please find attached a copy of the defence by way of service. A copy has been served to the court.

 

Despite a request for clarification of matters , you have failed to comply, accordingly I am unable to plead to the case as matters stand

 

Please serve amended particulars of claim and plead your client’s 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. In addition to this I would ask that copy of the default notice and assignment together with proof of service be served with the amended particulars as they are clearly relevant to your clients case and referred to with in the claim .The matter will be transferred to my home court and the claimant will have to produce the documents, in any event. In those circumstances you should plead in accordance with the CPR rather than the Northampton County Court regime.

 

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'.

 

 

 

This is what pt suggested you send to the cliamant