Northampton Claim - 2 questions.

[hannabarbera]

Received a claim form today from Northampton put in by another in the succession of DCA's wanting payment on one debt. In the process of acknowledging service etc.

 

What are the implications of;

 

1. Never having been issued with a default notice (although the Particulars of Claim refer to one)?

 

2. The amount on the claim being different than the amount on all other paperwork. (Not much, just several pounds)?

[42man]

May I ask...what are the Particulars Of The Claim(don't be specific with the numbers)

[hannabarbera]

"Claim for...monies due from the defendant under a regulated credit agreement between...and assigned to the claimant.

 

...has failed to make payment in accordance with the terms of the agreement and a default notice has been served...pursuant to Sect 87(1) of the CCA 1974.

 

The claimant claims the sum of..."

 

Edit

 

I have also just noticed it refers to an "agreement between the defendant and Barclays Bank PLC trading as Barclaycard..." - I have never had a Barclay card in my life!

Edited December 9, 2008 by hannabarbera

[42man]

If it was me and I was going to defend it I would send the opposing solicitors this by recorded -

 

Also...if the debt was assigned to another debt collection agency then keep point 2 in...if the claim is directly from a bank then take it out...

 

Dear Sir,

 

Re: (Claimant's name) v (Your name) Case No:

 

CPR 31.14 Request

 

On (date) I received the Claim Form in this case issued by you out of the (Name) County Court.

 

I confirm having returned my acknowledgement of service to the court in which I indicate my intention to contest all of your claim.

 

Please treat this letter as my request made under CPR 31.14 for the disclosure and the production of a verified and legible copy of [each of the following / the] document(s) mentioned in your Particulars of Claim:

1 the agreement. You will appreciate that in an ordinary case and by reason of the provisions of CPR PD 16 para 7.3, where a claim is based upon a written agreement, a copy of the contract or documents constituting the agreement should be attached to or served with the particulars of claim and the original(s) should be available at the hearing. Further, that any general conditions incorporated in the contract should also be attached.

 

2 the assignment

 

3 the default notice

 

Your client should ensure compliance with its CPR 31 duties and ensure that the documents I have requested are copied to and received by me within 7 days of receiving this letter. Your CPR 31 duties extend to making a reasonable and proportionate search for the originals of the documents I have requested, the better for you to be able to verify the document's authenticity and to provide me with a legible copy. Further, where I have requested a copy of a document, the original of which is now in the possession of another person, you will have a right to possession of that document if you have mentioned it in your case. You must take immediate steps to recover and preserve it for the purpose of this case.

 

Where I have mentioned a document and there is in your possession more than one version of that same document owing to a modification, obliteration or other marking or feature, each version will be a separate document and you must provide a copy of each version of it to me. Your obligations extend to making a reasonable and proportionate search for any version(s) to include an obligation to recover and preserve such version(s) which are now in the possession of a third party.

 

In accordance with CPR 31.15© I undertake to be responsible for your reasonable copying costs incurred in complying with this CPR 31.14 request.

 

If you require more time in which to comply with this request you must tell me in writing. You must tell me before the time for compliance with this request has expired. In telling me you require more time you must tell me what steps you have taken and propose to take in order to comply with this request and also state a date by when you will comply with this request. In addition your statement must be accompanied with a statement that you agree to an extension of the time for me to file my defence. Your extension of time must be not less than 14 days from the date when you say you will have complied with my request and you must state the new date for filing my defence.

 

If you are unable to comply with this request and believe that you will never be able to comply with this request you must tell me in writing.

Please note that if you should fail to comply with this request, fail to request more time or fail to agree to an extension of time for the filing of my defence, I will make an application to the court for an order that the proceedings be struck out or stayed for non-compliance and a summary costs order.

 

I do hope this will not be necessary and look forward to hearing from you.

 

yours faithfully

 

Have a read here too - http://www.consumeractiongroup.co.uk/forum/legal-issues/159445-getting-them-reveal-their.html

[42man]

You have to acknowledge the claim within 14 days on the date of the claim, then you get a further 14+3 days in which to submit a defence (if they don't comply with the CPR then your defence would be)....

 

Defence

 

1 The Defendant denies ever having been indebted to (name of bank/DCA) and denies credit has ever been advanced to him/her by (name of bank/DCA).

 

2 The Defendant repeats paragraph 1 of his/her Defence and denies a debt was and/or was capable of assignment by (name of bank/DCA) to the Claimant.

 

3 The Claimant's claim to be entitled to £XXXXX for debt, to statutory interest or to any monetary or other relief of any kind is denied.

 

I BELIEVE THE FACTS SET OUT IN THIS DEFENCE ARE TRUE

 

Signed:

 

Dated:

[42man]

Obviously, it would be too early to submit a defence (providing this is what you want to do)....see if they respond to the CPR, but keep a close eye on the timescales....Oh and do have a good read around the forums too...

[Satterthwaite]

http://www.consumeractiongroup.co.uk/forum/legal-issues/172494-cl-finance-cohens-mistake.html

 

Same mistake here.