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

[pt2537]

Thank you so much for replying....

 

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

 

obviously there are number where the x's are, since i am new to this not sure if i should put in the actual account numbers and amount.

 

either way thats all it says on the Particulars of the Claim.

 

thanks.

If that is all their pleadings say then im afraid that they have failed to overcome the first and probably most simple hurdle in stating their case against you.

 

How the hell are you supposed to answer a claim without an adequate level of information

 

Personally , i would seek clarification from the other side on how the debt is made up, what agreements they are relying upon

 

the problem is that CPR 31.14 is probably not going to help as they have not pleaded a document in their claim

 

im actually leaning towards seeking to have them struck out or in the alternative for directions from the court ordering them to plead their case correctly in accordance with the CPR

[pt2537]

if the cpr 31.14 is not quite right, is there something that is.

 

apologies for my ignorance what does CPR mean??

Hi there

 

Sorry, i use the term too often and forget that others are not familiar with it

 

the CPR means Civil Procedure Rules

 

these are the rules and frame work for all litigation in the civil courts

[pt2537]

it came from Southend County Court.

 

I shall post the acknowledgment off tomorrow.

 

i had requested the cca over the phone and then by post. unfortunately cannot find the registered receipt.

 

cards were taken out in either 2004 or 2005.

 

my debt is over £5K, does that change anything in terms of timelines??

 

i will send that letter tomorrow by speacial. any thing else that i should do??

Right then

 

If the claim came from southend county court then there are rules which the claimants solicitors Must follow if they are bringing a claim against you

 

CPR 16.4 sets out the basics for a set of Particulars of Claim

 

16.4

 

(1) Particulars of claim must include –

 

 

(a) a concise statement of the facts on which the claimant relies;

 

 

 

(b) if the claimant is seeking interest, a statement to that effect and the details set out in paragraph (2);

 

 

 

© if the claimant is seeking aggravated damages(GL) or exemplary damages(GL), a statement to that effect and his grounds for claiming them;

 

 

 

(d) if the claimant is seeking provisional damages, a statement to that effect and his grounds for claiming them; and

 

 

 

(e) such other matters as may be set out in a practice direction.

 

 

 

 

(2) If the claimant is seeking interest he must –

 

 

(a) state whether he is doing so –

 

 

(i) under the terms of a contract;

 

 

 

(ii) under an enactment and if so which; or

 

 

 

(iii) on some other basis and if so what that basis is; and

 

 

 

 

(b) if the claim is for a specified amount of money, state –

 

 

(i) the percentage rate at which interest is claimed;

 

 

 

(ii) the date from which it is claimed;

 

 

 

(iii) the date to which it is calculated, which must not be later than the date on which the claim form is issued;

 

 

 

(iv) the total amount of interest claimed to the date of calculation; and

 

 

 

(v) the daily rate at which interest accrues after that date.

 

 

 

(Part 22 requires particulars of claim to be verified by a statement of truth)

 

 

 

if we turn to the practice direction 16, para 7.3 states

 

Where a claim is based upon a written agreement:

 

 

(1) 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, and

 

 

 

(2) any general conditions of sale incorporated in the contract should also be attached (but where the contract is or the documents constituting the agreement are bulky this practice direction is complied with by attaching or serving only the relevant parts of the contract or documents).

 

 

 

 

so firstly they need to have attached the agreement to your claim form and they clearly havent

 

i would say that the court would , given that you are a litigant in person, order the other side to plead their case effectivley in accordance with the CPR as , as matters stand they have not and in y opinion their case is screaming to be struck out

 

what ios the date of service on the claim form? it should be on the top right of the claim form

[pt2537]

there is no such court as Southend County Court Bulk Centre the only bulk centre there is is based in Northampton, at St Katherines Street. the claim you have received is from this place?

 

Tylers House

Tylers Avenue

Southend Essex

England

SS1 2AW

[pt2537]

Guys, thanks so much for the help, sorry for the confusion.

 

I would just like to confirm that the last letter you posted is the correct one?

 

You -v- them

 

Claim number

 

Dear Sir or Madam

 

I write in relation to the above claim issued in the Southend County Court.

 

The pleaded case offers insufficient information to allow me to plead a proper defence, i do not recognise the sums pleaded to be owing to one single account and i believe that there has been a grave error in your pleadings, accordingly, i require the following

 

1) i require you to provide me with copies of the agreements under which the amounts pleaded in your vague claim are owed. Additionally where the agreements are regulated agreements which are regulated by the Consumer Credit Act 1974, i require copies of any default notices and a full break down of the sums claimed including how those sums accrued and under what accounts and also statements showing how the sums claimed are calculated and accrued.

 

 

 

I require this information by no later than 4 pm on 18th February 09, i also reuquire you to agree to an extension fo 28 days to allow me to file a proper defence once i am provided with the information which i am seeking.

 

If you fail to reply or fail to provide me with sufficient information to allow me to plead a proper defence i will make an application to the court to order you to plead your case in accordance with the CPR and the Practice Directions and i will seek an order for my costs in doing so.

 

I reserve the right to refer to the contents of this letter on the question of conduct and costs if an application for an extension of time/ discovery of documents/ amendment of pleadings etc is necessary. I cannot plead the defence without the information that has been requested and i am sure that the court will take this view also given that i am a litigant in person.

 

I look forward to your reply

 

i would suggest something along these lines will suffice, you need to give them a deadline for compliance and once that passes you need to make an application to the court for an order which compels them to comply

 

we can assist you with this at a later date but you need to get a letter in the post ASAP

 

amend the you -v- them bit for your and the claimants details

 

and make sure if the time starts to run out that you file t he acknowledgment of service, this must be within 14 days from the claims date of issue

[pt2537]

well if they do nothing then you MUST make an application to the court to either have their claim struck out or the court orders them to plead properly and serve upon you the documents you need.

 

the application normally costs £75 but you will get this back and also you can recover your costs in doing so, i would suggest that if you are on a low income you should look at the court service website and search for the form EX160, this form will tell you if you are eligible for a fee remission

 

it is hard to say what they will do but you must not rely on them doing nowt you must take the bull by the horns and make them play by the rules

[pt2537]

Once again thank you for all your help.

 

My first time here, and will keep you updated on the result.

 

Fingers crossed that i can get this sorted.

 

 

~Ok just a small addition,

 

Send this to the court as your defence.

 

It protects you from the possibility of being given judgment in default against you.

 

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. 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.

 

 

 

that way you are fully covered, you need to send this to the court as soon as possible

[pt2537]

the images are tooooo small. you need to open a photobucket account as MB suggests and upload them there

[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

[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

[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