Rockwell/Pinnion claimform - HSBC merged accounts **DISCONTINUED**

[creditcardmug]

Ok, im on it just got to read back thro the thread again first

[creditcardmug]

Just posting up the important bits again for reference

 

.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. Accordingly the Claimants claim should be struck out pursuant to CPR 3.4(2)(a)& ©

 

2. Without admission that any cause of action is shown by the Claimant it is denied that the Claimant has a claim whether as pleaded or at all.

3. 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, how the figures claimed are accrued, what type of accounts it is that the claim is based upon. The Claimant even fails to plead whom the money is due to and when the cause of action arose.

 

4.Without clarification of the claimants claim, the defendant is extremely disadvantaged and the claimant’s claim appears without merit.

 

5.Further to above the defendant is unable to plead effectively or at all. The defendant is embarrassed.

[creditcardmug]

Can you post up the POC again please?

 

Have you had anything in response to your CPR request yet?

Who is the claimant as shown on the court claim?

 

2 cards + overdraft HSBC

 

2 x assignments? equidebt/rockwell?

Edited March 4, 2009 by creditcardmug

[creditcardmug]

I cant stay on much longer tonight, have to be up at 5am for work

[shrekster]

Hi CCM & all....

 

1. Can you post up the POC again please?

 

2. Have you had anything in response to your CPR request yet?

3. Who is the claimant as shown on the court claim?

 

4. 2 cards + overdraft HSBC

 

5. 2 x assignments? equidebt/rockwell?

 

 

 

1. "The claimants claim against the defendant the sum of £xxxx due under the following account:- XXXXXXX"

 

2. No response to CPR request

 

3. Rockwell

 

4. the cards and overdraft were originally First Direct - but yes that is correct

 

5. The assignments were never received by me. They sent me a computer print out of the dates when letters were sent but did not provide copies. They also sent me a template of the assignment that they use. it had no details of the account / name / address....

[pt2537]

 

1. "The claimants claim against the defendant the sum of £xxxx due under the following account:- XXXXXXX"

 

2. No response to CPR request

 

3. Rockwell

 

4. the cards and overdraft were originally First Direct - but yes that is correct

 

5. The assignments were never received by me. They sent me a computer print out of the dates when letters were sent but did not provide copies. They also sent me a template of the assignment that they use. it had no details of the account / name / address....

right

 

if that is all the claim form states then the defence that CCM posted, which i drafted i do believe for another user , and have used a number of times for my clients, will more than cover the pleadings, if thats what they can be called;)

 

their claim fails to get over the first hurdle in that it does not disclose an adequate statement fo facts which establish a cause of action against you

 

therefore, you will not be able to plead effectivley or at all

[shrekster]

Hey PT, nice to see you back....

 

ok so it terms of completeing this form where do i start??

[shrekster]

Hi people,

 

just spoken to the court, and it seems that the claimant has not sent their allocation questionaire back yet.

 

I have to get mine there by Monday 9th March - next week!

 

I have some info from PT & CCM in terms of the defence, but do i put this in the first section or the last??

[shrekster]

Hi people, i have a thread which is in ....

 

http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/182623-please-help-i-have.html

 

I need help filling the form, i need to have it at the court house in Dartford by Monday morning, therefore nee to send it by special tomorrow.

[42man]

Is it a 149 or a 150 ?

 

http://www.consumeractiongroup.co.uk/forum/legal-issues/172431-their-solicitors-say-i-2.html#post2018342

 

http://www.consumeractiongroup.co.uk/forum/legal-issues/170982-dreaded-court-claim-came-4.html#post1966689

 

http://www.consumeractiongroup.co.uk/forum/legal-issues/175566-upto-eyeballs-cl-finance-2.html#post1916595

[shrekster]

Hi 42, its 150

[shrekster]

Sorry people need to bump this up....

[creditcardmug]

Im going to start posting stuff to go into your AQ,

 

Draft Order for Directions

 

1 The Claimant shall not later than 4:00pm on (date) (being a date 2 weeks from the date of the making of the case management directions) deliver to the Defendant a verified true copy of each of the following documents mentioned in the Particulars of Claim

 

(a) the executed regulated consumer credit agreements made between the defendant and xxxxxxxxxxxxxxxxx under reference xxxxxxxxxxxxx together with any terms and conditions that applied to it, the original document must be brought to the hearing.

(b) the default notice together with proof of service

© notices of assignment together with proofs of service

(d) a full and complete statement of the accounts including all payments made and charges applied covering the period beginning with the day of the making of the agreements and ending on the date of the commencement of this case.

 

2 In the event that the Claimant shall fail to comply with paragraph 1 of this order the claim shall stand struck out and the Defendant shall be at liberty without further order to apply to this court for judgment and for costs on the standard basis to be subject to detailed assessment proceedings if not agreed.

 

3 In the event of compliance with paragraph 1 of this order this case shall be allocated to the fast track and

 

4 The Defendant shall be at liberty to file and serve a consequentially Amended Defence by 4:00pm on (date) (being a date 6 weeks from the date of the making of the case management directions).

[creditcardmug]

Other Information

 

Section I

 

If the court is in agreement, the defendant respectfully requests that special directions may be given as per the attached draft order.

 

The defendant proposes these directions in mind of the Overriding Objectives, and in particular the duty of the parties to help the court further them. The issues outlined below are the crux upon which this claim rests, and the proposed directions identify these issues and will allow them to be assessed in advance of the hearing so that this claim may proceed justly and expeditiously;

 

Without production of the requested documents, I am at a disadvantage and am unable to serve a proper defence. Failure of the claimant to supply the requested documentation will make the case much harder for the court to deal with as without production of the requested documentation will inhibit the courts ability to deal with the case.

 

The House of Lords in the case of Wilson v First County Trust Ltd - [2003] All ER (D) 187 (Jul) made it clear in paragraph 29 of LORD NICHOLLS OF BIRKENHEAD judgment

 

29. The court's powers under section 127(1) are subject to significant qualification in two types of cases. The first type is where section 61(1)(a), regarding signing of agreements, is not complied with. In such cases the court 'shall not make' an enforcement order unless a document, whether or not in the prescribed form, containing all the prescribed terms, was signed by the debtor: section 127(3). Thus, signature of a document containing all the prescribed terms is an essential prerequisite to the court's power to make an enforcement order. The second type of case concerns failure to comply with the duty to supply a copy of an executed or unexecuted agreement pursuant to sections 62 and 63, or failure to comply with the duty to give

notice of cancellation rights in accordance with section 64(1). Here again, subject to one exception regarding sections 62 and63, section 127(4) precludes the court from making an enforcement order.

 

Its is respectfully requested this case be allocated to the fast track, it is a straight forward case and is easily resolved on production of the required documentation by the claimant, should the claimant not have the documentation required to progress this case I suggest that there will be no case to answer

 

Therefore it stands to reason that these documents must be disclosed before this case can progress any further

[creditcardmug]

Pre-Action Protocols

 

Section C

 

 

This case is not covered by any approved protocol, I have tried to act reasonably in exchanging information/documents relevant to the claim, however the claimant has been unco-operative.

On the DATE I wrote to the claimant requesting information pursuant to the CPR Part 18, in order that I could investigate their Particulars of Claim, and file a suitable defence. A copy is attached to this form.

 

The claimant has not replied

[creditcardmug]

Section A tick no to all

4 reasons The claimant has failed to substantiate this claim

Section B tick yes (if it has already been transferred to your local court) if it has write that in the box, if not write that you are unable to travel etc.

section C tick no. in the box write "please see attached section C"

Section D Write the amount they are claiming, not including costs

applications tick no

witnesses write your name, and in brackets "myself"...in the other box write "all facts"

Experts tick no to the first question, leave the rest blank

Track fast track....leave the box blank

Section E 2 hours....fill in the rest if there are any dates you cant attend

Section F tick yes to 1st question...no to 2nd

Section G leave blank

Section H leave blank

Section I tick yes to the 1st question...no to the second

tick no to applications

in the big box write "please see attached section I"

 

Sign & date it etc.

[creditcardmug]

Print out these attachments to go with the AQ, suggest you hand deliver it tomorrow, ask for a receipt, ask again whether the claimant has filed an AQ, if so ask for a photocopy.

Dont bother sending a copy to the other side

 

I would say good kuck but you wont need it IMO

[shrekster]

hi all,

 

i have received a "Notice of Discontinuation" today from the court.

 

Before i get to excited that does mean that I WON the battle?? Right??

 

or I should say WE, WON the battle??????

 

[pt2537]

hi all,

 

i have received a "Notice of Discontinuation" today from the court.

 

Before i get to excited that does mean that I WON the battle?? Right??

 

or I should say WE, WON the battle??????

 

you have won, CONGRATS

 

Now you should think about the issue of costs, were you on small claims track? if not or if you were not allocated to a track then you can spank them for a few hundred in costs id say

[shrekster]

Hey pt, great feeling thanks to your guys on the forum!!

 

Can you tell me, whether they can actually try it again??

 

If not, great....

 

Also these W*****S put a default on my credit file long time ago.... any advice on how to get it off??

[shrekster]

No track was allocated - debt was over 5K though.

[underdog13]

Congratulations, Shrekster:) So pleased for you.

[pt2537]

right but a defence was filed then yes?

 

 

if yes, then you are entitled to claim costs of the work done on the case at the rate of £9.25 per hour

[Luminol]

subbing

[shrekster]

Thanks people for the support....

 

 

pt a defence was filed as per your recommendation....

 

how do i go about claiming costs....?

 

Also do you think that they could have a go again at the claim.... as the

discontinuation does not state any reasons as to why??