County Court Claim

[Gunner77]

Ok so my best bet is to submit my AQ tomorrow, send them a copy on Monday by 2nd class post and then sit back and wait and see what happens?

[DonkeyB]

May be best, on reflection, to send it recorded delivery - don't give the porcine prats a chance to deny receiving it.

[Gunner77]

Yeah ok will do, can recorded delivery be done on 2nd class mail? Guess once the AQ is submitted I just have to wait and see what happens? Is there any definative guidlines as to the time frames reagrding this type of case/procedure?

[DonkeyB]

It would get there the next day. These are the things you have to get your head round when you know what you're dealing with - it's a devious game.

 

"Just because I'm paranoid it doesn't mean they're not out to get me."

[bazaar]

Gunner

Its best to just send it Recorded, I wouldnt worry about the second class stuff, you need to be appearing to the judge as reasonable as you can at this stage. Playing silly games like the other side do will just make the judge pis*ed at you both.

You also need to look to them as being a tough nut to crack.

This is all in the game. If they have a slight clue that you may be better than they had hoped, then they have doubt. Use it.

Edited March 26, 2009 by bazaar
added

[Gunner77]

Thanks guys will do that. Guess once sent I will have a wait on my hands. am actually going into my local county court to hand in my papers by hand, guess I can ask them then whether the other party have filed anything? Will keep you all posted and thanks for all the help thus far.

 

Once again just to say once this case has run it's course and hopefully after I have won, I just want to reiterate the fact that I shall be making a donation to this site. Many thanks all and if anyone else is in the same boat I will try and learn up all that I can and help others. Thanks again.

[Gunner77]

Hi all just got some post from HFO/Turnbull - they have sent me a copy of their allocation questionnaire, unfortunately no access to a scanner at home. But they have answered as follows:

 

A - no

B - No

C - n/a

D - No to all

E - I hour and no

F - no

G - nothing

H - Yes, Yes, 23/02/09, Yes, Summary Judgment, -

 

They have apparently sent me the following - evidence of the defendents signature and willingness to enter into a credit facility with Monument (the application form I tried to scan)

b) Comprehensive copy of statements evidencing the balance pre-assignment (not sure what relevance this has as I have asked Barclaycard to provide full account details as my father settled this debt and they have no proof of the account

c) Notice of assignment stating the closing balance on the final statement (I have never received this and in all honesty it looks like they have recently put it together)

 

They also state that my defence is generic and has no real prospect of success nor compelling reason why the case should be disposed of at trial, therefore they request that the Court strike out the defense pursuant to CPR 3.4

 

WHAT DOES ALL THIS MEAN AND WHAT SHOULD I DO? Also the copy looks suspicious, I can ask the court if it has been submitted?

 

Thanks.

[Viscount Stair]

I think that their PoCs were fairly generic when it comes to it. Or do they draft all of their claim forms from scratch using only the finest quill pens?

 

[Gunner77]

Thanks know what you mean, talk about a production line!! But just worries me that they have submitted this form already. Must admit they only send their documents by normal mail. How on earth can anyone know whether I was served with the Default notice? They have no proof of posting or anything, unlike me. In all honesty I never recall receiving the default notice so who decides? ANd if I could scan it I think most would agree it looks a bit dodgy!!! Just want some reassurance that I am in a good position and they are bluffing or am i screwed!!! Please can someone just confirm one way or another what their opinion is? Thanks

[Gunner77]

Any help much apprecaited especially from this who have helped so much so far. Does what they have sent me, change anything? Shall I change my AQ? Help - going to submit it tomorrow. Thanks.

[42man]

Try and relax Gunner....the proof hopefully should come from Barclaycard....just be clear and concise...

[atwozee]

Hi Gunner - is the NoA dated?

What is the date on the DN and the date to remedy the breach by?

[Gunner77]

The NOA is dated 25/02/2007 but there is no date by which to remedy the situation. It just states that with effect from the date stated that HFO have been assigned my account. That from now on I must accordingly direct all payments to HFO and then they have put their address telephone number and Company Number and then at the bottom it says Yours faithfully Monument (????) and no signature and lay out completely unlike anything they have issued previously.

[atwozee]

Hi Gunner – so the NoA states that the account was assigned on 25/02/2007 (correct?) if so then the date on the deed of assignment or sale contract must match – to verify that they will have to produce the original deed in court – they won’t want to do this but any judge handling the case must be satisfied that the assignment is lawful – did you request a copy of the deed/sale agreement in your directions?

Can you confirm the details on the Default Notice?

[Gunner77]

Hi Atwozee , sorry but I don't have a default notice, I requested a copy of it, but all they have sent me were a copy of a quick reply application, copy statements and the notice of assignment. I requested a copy of CCA with all T&C's (not what they sent), default notice togther with proof of service (not provided), notices of assignment with proofs of service (not provided), the deeds of assignment to be brought to the hearing, full complete statement of account (provided)

[DonkeyB]

This is so typical of the way they operate, lots of documents 'previously sent' which clearly haven't been.

[atwozee]

Hi Atwozee , sorry but I don't have a default notice, I requested a copy of it, but all they have sent me were a copy of a quick reply application, copy statements and the notice of assignment. I requested a copy of CCA with all T&C's (not what they sent), default notice togther with proof of service (not provided), notices of assignment with proofs of service (not provided), the deeds of assignment to be brought to the hearing, full complete statement of account (provided)

 

Okay – well the DN is an important document because without one they can’t demonstrate that they have complied with the provisions of the CCA 1974 and therefore their claim is weak – also if the application form doesn’t contain the prescribed terms then any agreement is unenforceable.

Looks like they are requesting summary judgement – not sure what happens here because it’s normally requested on the back of the Defendant not having a reasonable chance of success – clearly without the relevant documentation you do have a more than reasonable chance of success - but I suggest you phone or email the court and find out what is likely to happen.

You might have to attend a summary judgement hearing and demonstrate that you do have a strong defence against the claim – just keep the thread up to date and don’t be scared to get in touch with the court – letters have a habit of going missing and or being delayed.

[Gunner77]

Thanks for that. Will do. Actually going to the court now to hand in my AQ. Will ask them then. Spoke to Barclaycard again who have no record of my account and spoke to Monument have no record, so it's all on HFO having a copy of the quick reply card that i have signed, see scanned doc and also copy statements and then their made up letters. Also as the claim is under £1500 does that mean HFO/Turnbull did not have to pay to submit their AQ? Thanks.

[Gunner77]

Just filed my defence with the court and surprise surpsie they have had nothing from the claimant yet. How come I received a copy already?? what are they playing at?

[Nottsdave]

Gunner

 

They did the same to me, its a trick to try to get you to pay up.

 

Gits:mad:

 

Great news though.

 

Notts

[Gunner77]

Thanks for that yeah good news. Just wondered how long have you been waiting? Keep me posted. They keep trying to call me to discuss a settlement. I am tempted to call them and offer them £5 as full and final settlement and on the written premise that they have my default removed and confirm that any obligation or liability i have with them be fully exonerated. What do you think?

[Nottsdave]

I had to have my AQ in by the 27th Jan which I did. A letter arrived on the 11/2 with a copy of there AQ which they stated that they had filed with the courts (liars) I then rec a letter form the court stating that if they dont file there AQ by the 16th the case will be struck out. I have rang the courts loads of times and been told that no AQ has been filed by Crappyquest/HL and its waiting to go back in front of the judge to be struck out.

 

Still Waiting !!!!!

 

 

Notts

[Gunner77]

Well I will give the court a call later today. If deadline is 30/03 then they have to file papers by end of play today? So really better to call tomorrow? Thanks.

[Nottsdave]

talk about bad news........

http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/171510-help-please-court-papers.html

 

see the last post by me.

 

Notts

[Gunner77]

Oh dear, sorry to hear that but keep me posted and good luck. Hopefully mine ends far more happily!!!