upto the eyeballs v CL Finance No CCA IN COURT ** Help **

[deepdebt]

Hi Caggers,

 

Any idea with helping this guy with N244 form???

 

Bump

[Goldlady]

have sent for the cavalry;)

[upto the eyeballs]

OK not really sure what to do but here goes,

Section 3 - What order are you asking the court to make and why?

That my previously submitted “part admission” via Northampton MCOL be withdrawn and replaced with my application to defend the whole claim.

Being a litigant in person I originally completed the part admission via Northampton (CCBC) MCOL I was unsure of what to do or of the amount owed and felt pressured into doing something as I was receiving threats from the claimant.

I have since requested documentary proof of the alleged debt (Including a Consumer Credit Act 1974 s.77/78 request for a true copy of the credit agreement) but the claimant has failed to provide this. After taking legal advice I was advised to withdraw my part admission and defend the whole claim as the claimant has failed to provide a true copy of the credit consumer agreement previously requested and as such is now in default since xxth xxxxxxxx 2008. Without this agreement the claimant is not entitled to enforce the debt in any way including court action.

 

1. Credit Consumer Act 1974 Section 77(6) states:

   
   

If the creditor fails to comply with subsection (1)

(a) He is not entitled, while the default continues, to enforce the agreement

Section 4 - Have you attached a draft of the order you are applying for?

Not sure what to do here, my order above seems quite simple??

Section 5 - How do you want to have this application dealt with? without a hearing

Hope this is OK, Don't see why my order request would need a hearing?

Section 10 - What information will you be relying on, in support of your application?

Tick box 1 - The attached witness statement

Tick box 2 - The statement of case

Tick box 3 - The evidence set out in the box below

 

 

Now this is where I am a bit stuck, what I plan to do is a witness statement outlining what has happended with this claim to date outlining all correspondence sent/received.

 

IN THE ******* County Court Claim No:

 

 

 

 

BETWEEN:

 

[ ]

Claimant

and

[ ]

Defendant

Witness Statement

 

 

 

• I am the defendant in this case.
  
• xx/xx/xxxx N1 claim form issued via Northampton (CCBC)
  
• xx/xx/xxxx Formal request pursuant to s.77/78 of the Consumer Credit Act 1974 for true copy of credit agreement sent.
  
• xx/xx/xxxx Part Admission submitted via Money Claim Online
  
• xx/xx/xxxx Formal CPR request asking claimant to disclose documents they will be relying on such as true copy of executed credit agreement, all records relevant to this case and transcripts of all telephone conversations by claimant and previous creditors.
  
• xx/xx/xxxx Formal request to supply me with complete list of transactions and charges relating to my history with claimant - Subject Access Request (Data Protection Act 1998)8)
  
• xx/xx/xxxx Telephone call to Northampton (CCBC) asking for permission to withdraw previously submitted “Part Admission” and intention to defend the whole claim. Advised to put request in writing.
  
• x/xx/xxxx Email & letter sent to Northampton (CBBC) withdrawal of “Part Admission” and filing of defence.
  
• x/xx/xxxx Letter sent to claimant advising account in dispute as they had failed to provide true copy of credit agreement. Therefore account entered default on the xx/xx/xxxx.
  
• xx/xx/xxxx Letter sent to claimants solicitors advising account in dispute / default, they had failed to supply any information (CPR request) and asking for them to discontinue the claim against me as while account is in default they cannot by law enforce the debt.
  
• xx/xx/xxxx Letter received from Northampton (CCBC) that Notice of defence has been filed, Transfer of proceedings & Allocation questionnaire to complete.
  
• xx/xx/xxxx Allocation questionnaire submitted.
  

Any advice would be much appreciated, can't find any information on N244 application (Withdrawal of part admission)

Edited February 5, 2009 by upto the eyeballs
typo error

[MARTIN3030]

OK not really sure what to do but here goes,

Section 3 - What order are you asking the court to make and why?

That my previously submitted “part admission” via Northampton MCOL be withdrawn and replaced with my application to defend the whole claim.

Being a litigant in person I originally completed the part admission via Northampton (CCBC) MCOL I was unsure of what to do or of the amount owed and felt pressured into doing something as I was receiving threats from the claimant.You cant state this unless you have proof !

Being a litigant in person,I was not totally conversant with procedures,I felt intimidated to act,in view of pressure from the Claimant.I respectfully ask that the Court take these factors into consideration.

I have since requested documentary proof of the alleged debt (Including a Consumer Credit Act 1974 s.77/78 request for a true copy of the credit agreement) but the claimant has failed to provide this. After taking legal advice I was advised to withdraw my part admission and defend the whole claim as the claimant has failed to provide a true copy of the credit consumer agreement previously requested and as such is now in default since xxth xxxxxxxx 2008. Without this agreement the claimant is not entitled to enforce the debt in any way including court action.

 

1. Credit Consumer Act 1974 Section 77(6) states:

   
   

If the creditor fails to comply with subsection (1)

(a) He is not entitled, while the default continues, to enforce the agreement

Section 4 - Have you attached a draft of the order you are applying for?

Not sure what to do here, my order above seems quite simple??

Section 5 - How do you want to have this application dealt with? without a hearing

Hope this is OK, Don't see why my order request would need a hearing?

Section 10 - What information will you be relying on, in support of your application?

Tick box 1 - The attached witness statement

Tick box 2 - The statement of case

Tick box 3 - The evidence set out in the box below

 

 

Now this is where I am a bit stuck, what I plan to do is a witness statement outlining what has happended with this claim to date outlining all correspondence sent/received.

 

IN THE ******* County Court Claim No:

 

 

 

 

BETWEEN:

 

[ ]

Claimant

and

[ ]

Defendant

Witness Statement

 

 

 

• I am the claimant in this case.
  
• xx/xx/xxxx N1 claim form issued via Northampton (CCBC)
  
• xx/xx/xxxx Formal request pursuant to s.77/78 of the Consumer Credit Act 1974 for true copy of credit agreement sent.
  
• xx/xx/xxxx Part Admission submitted via Money Claim Online
  
• xx/xx/xxxx Formal CPR request asking claimant to disclose documents they will be relying on such as true copy of executed credit agreement, all records relevant to this case and transcripts of all telephone conversations by claimant and previous creditors.
  
• xx/xx/xxxx Formal request to supply me with complete list of transactions and charges relating to my history with claimant - Subject Access Request (Data Protection Act 1998) take out smiley
  
• xx/xx/xxxx Telephone call to Northampton (CCBC) asking for permission to withdraw previously submitted “Part Admission” and intention to defend the whole claim. Advised to put request in writing.
  
• x/xx/xxxx Email & letter sent to Northampton (CBBC) withdrawal of “Part Admission” and filing of defence.
  
• x/xx/xxxx Letter sent to claimant advising account in dispute as they had failed to provide true copy of credit agreement. Therefore account entered default on the xx/xx/xxxx.
  
• xx/xx/xxxx Letter sent to claimants solicitors advising account in dispute / default, they had failed to supply any information (CPR request) and asking for them to discontinue the claim against me as while account is in default they cannot by law enforce the debt.
  
• xx/xx/xxxx Letter received from Northampton (CCBC) that Notice of defence has been filed, Transfer of proceedings & Allocation questionnaire to complete.
  
• xx/xx/xxxx Allocation questionnaire submitted.
  

Any advice would be much appreciated, can't find any information on N244 application (Withdrawal of part admission)

 

could be worded much better.

Site team aware-others will come to look.

Edited February 5, 2009 by MARTIN3030

[upto the eyeballs]

Thanks for all your help, any more thoughts?. Really need to get this N244 completed.

[blind-as-a-bat]

Credit Consumer Act 1974 Section 77(6) states

If the creditor fails to comply with subsection (1)

(a) He is not entitled, while the default continues, to enforce the agreement

 

Hang on i think that should be (4) in section 77, will just check:)

[blind-as-a-bat]

 

77

.—(1) The creditor under a regulated agreement for fixed sum credit, within the

prescribed period after receiving a request in writing to that effect from the debtor and

payment of a fee of £1, shall give the debtor a copy of the executed

agreement (if any) and of any other document referred to in it, together with a

statement signed by or on behalf of the creditor showing, according to the information

to which it is practicable for him to refer,—

(a) the total sum paid under the agreement by the debtor;

(b) the total sum which has become payable under the agreement by the debtor but

remains unpaid, and the various amounts comprised in that total sum, with the

date when each became due: and

© the total sum which is to became payable under the agreement by the debtor,

and the various amounts comprised in that total sum, with the date, or mode of

determining the date, when each becomes due.

(2) If the creditor possesses insufficient information to enable him to ascertain the

amounts and dates mentioned in subsection (l)©, he shall be taken to comply with

that paragraph if his statement under subsection (1) gives the basis on which, under

the regulated agreement, they would fall to be ascertained.

(3) Subsection (1) does not apply to—

(a) an agreement under which no sum is, or will or may become, payable by the

debtor, or

(b) a request made less than one month after a previous request under that

subsection relating to the same agreement was complied with.

(4) If the creditor under an agreement fails to comply with subsection (1)—

(a) he is not entitled, while the default continues, to enforce the agreement;

 

(5) This section does not apply to a non-commercial agreement.

 

Thought so, if you did mean sec 77:)

 

Edit unless i have missed a revision

[upto the eyeballs]

thanks, back on line now old isp went bust, anymore thoughts anyone

[upto the eyeballs]

OK this is my second draft for N244 application that needs to be sent today.

 

 

Thanks for everybody's help please have read and reply if you think anything needs adding or deleting.

 

 

 

 

 

 

 

N244 Application Draft (Asking for permission from the court to withdrawal my previous part admission and file intention to defend the whole claim)

 

 

 

 

 

 

That my previously submitted “part admission” via Northampton MCOL be withdrawn and replaced with my application to defend the whole claim.

Being a litigant in person,I was not totally conversant with procedures,I felt intimidated to act,in view of pressure from the Claimant. I respectfully ask that the Court take these factors into consideration

I have since requested documentary proof of the alleged debt (Including a Consumer Credit Act 1974 s.77/78 request for a true copy of the credit agreement) but the claimant has failed to provide this. After taking legal advice I was advised to withdraw my part admission and defend the whole claim as the claimant has failed to provide a true copy of the credit consumer agreement previously requested and as such is now in default since 25th November 2008. Without this agreement the claimant is not entitled to enforce the debt in any way including court action.

Credit Consumer Act 1974 Section 78(6) states:

If the creditor fails to comply with subsection (1)

(a) He is not entitled, while the default continues, to enforce the agreement.

 

 

And will send the following witness statement:

IN THE ******* County Court Claim No:

 

 

 

 

BETWEEN:

 

[ ]

Claimant

and

[ ]

Defendant

Witness Statement

 

 

 

• I am the defendant in this case.
  
• xx/xx/xxxx N1 claim form issued via Northampton (CCBC)
  
• xx/xx/xxxx Formal request pursuant to s.77/78 of the Consumer Credit Act 1974 for true copy of credit agreement sent. (See exhibit EX1)
  
• xx/xx/xxxx Part Admission submitted via Money Claim Online
  
• xx/xx/xxxx Formal CPR request asking claimant to disclose documents they will be relying on such as true copy of executed credit agreement, all records relevant to this case and transcripts of all telephone conversations by claimant and previous creditors.(See exhibit EX2)
  
• xx/xx/xxxx Formal request to supply me with complete list of transactions and charges relating to my history with claimant - Subject Access Request (Data Protection Act 1998) (See exhibit EX3)
  
• xx/xx/xxxx Telephone call to Northampton (CCBC) asking for permission to withdraw previously submitted “Part Admission” and intention to defend the whole claim. Advised to put request in writing.
  
• xx/xx/xxxx Email & letter sent to Northampton (CBBC) withdrawal of “Part Admission” and filing of defence.
  
• xx/xx/xxxx Letter sent to claimant advising account in dispute as they had failed to provide true copy of credit agreement. Therefore account entered default on the 25/11/2008. (See exhibit EX4)
  
• xx/xx/xxxx Letter sent to claimants solicitors advising account in dispute / default, they had failed to supply any information (CPR request) and asking for them to discontinue the claim against me as while account is in default they cannot by law enforce the debt. (See exhibit EX5)
  
• xx/xx/xxxx Letter received from Northampton (CCBC) that Notice of defence has been filed, Transfer of proceedings & Allocation questionnaire to complete.
  
• xx/xx/xxxx Allocation questionnaire submitted.
  

[upto the eyeballs]

good to go?

[upto the eyeballs]

bump

[Goldlady]

OK this is my second draft for N244 application that needs to be sent today.

 

 

Thanks for everybody's help please have read and reply if you think anything needs adding or deleting.

 

 

 

 

 

 

 

N244 Application Draft (Asking for permission from the court to withdrawal my previous part admission and file intention to defend the whole claim)

 

 

 

 

 

 

That my previously submitted “part admission” via Northampton MCOL be withdrawn and replaced with my application to defend the whole claim.

Being a litigant in person,I was not totally conversant with procedures,I felt intimidated to act,in view of pressure from the Claimant. I respectfully ask that the Court take these factors into consideration

I have since requested documentary proof of the alleged debt (Including a Consumer Credit Act 1974 s.77/78 request for a true copy of the credit agreement) but the claimant has failed to provide this. After taking legal advice I was advised to withdraw my part admission and defend the whole claim as the claimant has failed to provide a true copy of the consumer credit agreement previously requested and as such is now in default since 25th November 2008. Without this agreement the claimant is not entitled to enforce the debt in any way including court action.

Consumer Credit Act 1974 Section 78(6) states:

If the creditor fails to comply with subsection (1)

(a) He is not entitled, while the default continues, to enforce the agreement.

 

 

1. 
   

And will send the following witness statement:

IN THE ******* County Court Claim No:

 

 

 

 

BETWEEN:

 

[ ]

Claimant

and

[ ]

Defendant

Witness Statement

 

 

 

• I am the defendant in this case.
  
• xx/xx/xxxx N1 claim form issued via Northampton (CCBC)
  
• xx/xx/xxxx Formal request pursuant to s.77/78 of the Consumer Credit Act 1974 for true copy of credit agreement sent. (See exhibit EX1)
  
• xx/xx/xxxx Part Admission submitted via Money Claim Online
  
• xx/xx/xxxx Formal CPR request asking claimant to disclose documents they will be relying on such as true copy of executed credit agreement, all records relevant to this case and transcripts of all telephone conversations by claimant and previous creditors.(See exhibit EX2)
  
• xx/xx/xxxx Formal request to supply me with complete list of transactions and charges relating to my history with claimant - Subject Access Request (Data Protection Act 1998) (See exhibit EX3)
  
• xx/xx/xxxx Telephone call to Northampton (CCBC) asking for permission to withdraw previously submitted “Part Admission” and intention to defend the whole claim. Advised to put request in writing.
  
• xx/xx/xxxx Email & letter sent to Northampton (CBBC) withdrawal of “Part Admission” and filing of defence.
  
• xx/xx/xxxx Letter sent to claimant advising account in dispute as they had failed to provide true copy of credit agreement. Therefore account entered default on the 25/11/2008. (See exhibit EX4)
  
• xx/xx/xxxx Letter sent to claimants solicitors advising account in dispute / default, they had failed to supply any information (CPR request) and asking for them to discontinue the claim against me as while account is in default they cannot by law enforce the debt. (See exhibit EX5)
  
• xx/xx/xxxx Letter received from Northampton (CCBC) that Notice of defence has been filed, Transfer of proceedings & Allocation questionnaire to complete.
  
• xx/xx/xxxx Allocation questionnaire submitted.
  

 

I think this is the best you can do with this - you need to change consumer credit twice in the above.

 

I will read it again once posted as not easy to read on 'reply' bit.

[Goldlady]

You can fax it to the court before midnight and it will be OK.

 

Hopefully you will get contributions from more learned friends before the deadline;)

[upto the eyeballs]

thanks goldlady, need to post today

[creditcardmug]

Looks good enough to work to me..for whats worth;)

[upto the eyeballs]

thanks ccmug, been away for a while? was thinking the dca's took you hostage. lol

[creditcardmug]

Nah still here, but i have to work as well as being on here:D:D

[wakieblue]

Subbing

[upto the eyeballs]

Update...

 

Letter from court advising that my N244 application will require a hearing

[creditcardmug]

Well thats fine, you need to spend the time between now and then getting your act together, when is the hearing date?.....i bet they dont turn up!

[upto the eyeballs]

Update....

 

Hearing is in 7 days, what should I be taking with me to court ?

[upto the eyeballs]

bump

[upto the eyeballs]

Hearing is next week, what should I take to the hearing ?

[42man]

Copies of all letters, rec delivery slips, high court case law references....everything basically...

[upto the eyeballs]

Update........

 

Went to court for N244 application, Other side did not bother to turn up!

 

Judge asked what I wanted and why, explained I has made an error and suspected unlawful charges, had requested proof of debt etc but received nothing.

 

Judge then decided to allow N244 application to defend the whole claim and also decided to slightly re-write my AQ making an order that CL Finance supply CCA, Default/Termination & Assignment Notice.

 

So initially a good result. If CL or HC's don't supply info then I am to apply for an unless order.

 

Keep you all posted , thanks for all your help so far!