C L Finance (GE Store card) - Failure to comply with CPR request.**SETTLED BY CONSENT**

[GhostDebt]

As a holding defence was initially sent because they did not supply any documents, at what point should I submit an ammended defence now they have provided some documents and what is the best way of doing this?

Also can I still argue they have not complied with the judges order by not sending all the statements or deed of assignment?

[I've got no money]

As a holding defence was initially sent because they did not supply any documents, at what point should I submit an ammended defence now they have provided some documents and what is the best way of doing this?

Also can I still argue they have not complied with the judgest order by not sending all the statements or deed of assignment?

 

If they are threatening an SJ application it would be sensible - If I were you I would amend it as far as possible - leaving non admissions in wherever you were waiting for info.

 

The other thing I would do is do them a letter - give them 7 days to supply the missing info - tell them that if they don't provide the requested information that you will apply for an Order for Specific disclosure

[GhostDebt]

Additional info regarding specific disclosure added to letter and the whole package posted today.

 

The following letter will be posted to the court in the morning:

 

--------

Dear Sir/Madam

 

In accordance with the order made by Deputy District Judge * on the * I would like to notify you of the following:

I the defendant * have sent to the claimant's solicitor standard disclosure as ordered by Deputy District Judge *.

Please find enclosed a copy of the proof of postage and proof of delivery.

Enclosed is a copy of the covering letter sent with the standard disclosure, requesting missing documentation (offering the claimant's solicitor additional time to provide it) and sight of original documents. Whilst Deputy District Judge * requested disclosure of documents by 4pm on Wednesday 03.06.2009 I do not consider the time extension offered, will be detrimental to the proceedings and would like to give the claimant sufficient opportunity to provide the documents required. Should the claimant fail to comply with the order and the additional time extension, it may be prudent at that time to make an application for an order for specific disclosure or alternatively an application for an order that the statement of case (claim) be struck out.

Also enclosed, is a copy of the covering letter sent by the claimant with the documentation provided to date, indicating their intention to apply for summary judgement. As they have not yet disclosed all relevant documents, I consider such an application in light of my concessions to be in defiance of the order made by Deputy District Judge * and such an application should be declined.

Upon receipt of all relevant available documentation, it will be necessary for an amended defence to be submitted. Please confirm the costs and procedures involved in doing this by return. If the court concurs, I would propose that the amended defence be submitted by 'At least three clear working days before the case management conference' listed on *.

I trust this document is in order and await your reply.

Yours faithfully,

 

---------------

 

Any comments on this?

 

Best regards

[I've got no money]

Additional info regarding specific disclosure added to letter and the whole package posted today.

 

The following letter will be posted to the court in the morning:

 

--------

Dear Sir/Madam

 

In accordance with the order made by Deputy District Judge * on the * I would like to notify you of the following:

 

I the defendant * have sent to the claimant's solicitor standard disclosure as ordered by Deputy District Judge *.

Please find enclosed a copy of the proof of postage and proof of delivery.

 

Enclosed is a copy of the covering letter sent with the standard disclosure, requesting missing documentation (offering the claimant's solicitor additional time to provide it) and sight of original documents. Whilst Deputy District Judge * requested disclosure of documents by 4pm on Wednesday 03.06.2009 I do not consider the time extension offered, will be detrimental to the proceedings and would like to give the claimant sufficient opportunity to provide the documents required. Should the claimant fail to comply with the order and the additional time extension, it may be prudent at that time to make an application for an order for specific disclosure or alternatively an application for an order that the statement of case (claim) be struck out.

 

Also enclosed, is a copy of the covering letter sent by the claimant with the documentation provided to date, indicating their intention to apply for summary judgement. As they have not yet disclosed all relevant documents, I consider such an application in light of my concessions to be in defiance of the order made by Deputy District Judge * and such an application should be declined.

 

Upon receipt of all relevant available documentation, it will be necessary for an amended defence to be submitted. Please confirm the costs and procedures involved in doing this by return. If the court concurs, I would propose that the amended defence be submitted by 'At least three clear working days before the case management conference' listed on *.

 

I trust this document is in order and await your reply.

 

Yours faithfully,

 

---------------

 

Any comments on this?

 

Best regards

 

You don't need to send this letter.

 

The process for amending a defence is you either need the consent of the other side or Permission of the Court. If you make an application for Permission then you do so on an N244 (in triplicate) attaching a copy of the draft amended defence.

 

Unless you qualify for exemption from fee the Court fee is £75 - if the other side consent to amendment there is no fee.

 

You don't need to tell the court at this point what's happening with disclosure. If you don't get the disclosure by the date and time you've requested you then make an Application on an N244 for an Unless Order - that is an Order that unless they comply by a certain date they are struck out - if you do that you can also seek an an Order giving you, within 14 days of disclosure permission to amend the defence

[Gazza112]

Hi all

 

Just looking at Ghostdept thread, i'm in the same boat but in my case the Claiment's still not sent any doc's to me.

I've received a letter from the Court's stating that if the Claiment does not reply with Doc's by the 10th June the case will be struck out.

Now do i need to do anything other than wait till the 10th.

 

Gaz

[I've got no money]

Hi all

 

Just looking at Ghostdept thread, i'm in the same boat but in my case the Claiment's still not sent any doc's to me.

I've received a letter from the Court's stating that if the Claiment does not reply with Doc's by the 10th June the case will be struck out.

Now do i need to do anything other than wait till the 10th.

 

Gaz

 

No - you don't do anything at all - just wait and hope that they don't comply

[GhostDebt]

Quick update.

 

Held off on sending the letter to the court.

 

Disclosure was received by them on Tuesday. 02.06.09.

 

Will wait for a response as asked for additional docs and gave them extra time. If no response will make an order and application to amend the defence.

 

Will keep you posted.

 

Regards

[guzzleguts]

Subbing with interest

 

Good luck G D

 

GG

[GhostDebt]

Still no response yet from HC.

Anybody got any ideas for how to formulate the draft order for strike out, or should we wait for the date for request to view orginals expires?

 

Comments greatly appreciated.

 

Regards

[GhostDebt]

Any further comments? - Bump

[Gazza112]

Hi Ghostdept

 

I'll know more on mine tomorrow, as soon as i find out from the Courts what's happening on mine i'll let you know.

 

Gaz

[GhostDebt]

Hi Ghostdept

 

I'll know more on mine tomorrow, as soon as i find out from the Courts what's happening on mine i'll let you know.

 

Gaz

 

Hello Gaz,

 

Can you add a link to your thread and also gives us an update.

 

Cheers

[GhostDebt]

Hi all brief update.

 

HC replied saying we referred to the agreement in our standard disclosure index.

You are welcome to arrange appointment to view a COPY of the agreement we have served upon you.

Invite you to withdraw defence and offer payment proposal.

-----------------------

Is this a standard letter?

 

Order was request to view 'original' shall be complied with by [date]

 

Is this an admission they don't have it?

 

Any suggestions on next step? Was thinking of calling them to say I would like to view original do you have it or not? can you confirm that inwriting please?....

 

Any comments

 

Cheers

[GhostDebt]

Hi All,

 

Any comments will be greatly appreciated.

 

Many thanks,

 

GD

[Gazza112]

Hello Gaz,

 

Can you add a link to your thread and also gives us an update.

 

Cheers

 

 

Hi Ghostdept

 

Here's my link http://www.consumeractiongroup.co.uk/forum/legal-issues/162249-mbna-cca-agreement-help.html

 

Update: CL Finance failed to produce there AQ's in time, against the Judge's orders that they need to submit them by the 10th June or the case would be struck out.

I've spoken to the Court's and this one has been struck out, i'm just waiting confirmation in writing by the Courts.

I've not updated my thread as i've got another case, which if they don't submit there AQ's in another week's time by the Judges order then the same will happen to that one.

So at this moment i'm not trusting fate and till i get confirmation in writing.

 

Gaz

[creditcardmug]

Hi Ghostdept

 

Here's my link http://www.consumeractiongroup.co.uk/forum/legal-issues/162249-mbna-cca-agreement-help.html

 

Update: CL Finance failed to produce there AQ's in time, against the Judge's orders that they need to submit them by the 10th June or the case would be struck out.

I've spoken to the Court's and this one has been struck out, i'm just waiting confirmation in writing by the Courts.

I've not updated my thread as i've got another case, which if they don't submit there AQ's in another week's time by the Judges order then the same will happen to that one.

So at this moment i'm not trusting fate and till i get confirmation in writing.

 

Why do you think they failed to file their AQ?

 

Simple...because you had a good case against them AND, it would have cost them a considerable amount of money to file it, knowing that they would most probably LOSE!:grin:

[Gazza112]

Hi CCM

 

Yes, think that was your great defence letter you gave me to submit.

Thanks for your great help in getting this sorted for me.

But not saying to much till i get that confirmed in writing by the Courts.

As soon as i get that i'll update my thread, as i've still got my other case going on with them.

On the other Court claim i did receive a Without Prejudice letter giving me a speedy conclusion and offering me 50% discount .

I think you can gather what i thought of that.

 

Gaz

[GhostDebt]

Will call HC Monday and ask them if they have the other documents I requested and also if they have the original document as my request is to view the original.

Then will confirm the call to them in writing.

 

Regards

[GhostDebt]

The following was sent as confirmation of the telephone call I had with them today.

------------

Further to your letter dated * and my subsequent telephone conversation with * on * please note the following.

1. When I asked for the additional documents requested in my disclosure statement covering letter, * confirmed that the missing statements are not in your possession and that you will forward to me a copy of the deed of assignment.

2. Please confirm what reasonable and proportionate attempts have been made to find the missing statements.

3. In response to my formal request to view the 'original' alleged credit agreement, you replied inviting me to view a 'copy' of the document. When asked, * confirmed that you only have a scanned 'copy' of the alleged agreement and not the 'original'.

4. Please confirm what reasonable and proportionate attempts have been made to find the 'original' alleged agreement.

Please confirm the above matters in writing by return.

Also, if the telephone call has been recorded, please provide a copy of the recording or a transcript of the call for inclusion in my case file.

I can advise you at this stage that should your claim fail you will be liable for wasted costs and appropriate counterclaims. In order to prevent this you would be minded to discontinue your claim

Your due diligence is expected in this matter,

Yours faithfully

------------

Hopefully I'm not rocking the boat too much with this, but they ought to learn to do things right....

Witness statements next.... any suggestions?

Regards

[GhostDebt]

Quick Bump.

 

Does anybody have any suggestions for starting on the witness statements. Will have a read around the forum for some ideas as well..

 

Regards

[GhostDebt]

Quick Update,

 

HC have provided a response to my request for a copy of the deed of assignment.

 

Covering letter says:

In particular we refer to your recent request.

Please find enclosed by way of service upon you a true copy of the extract of the deed of assignment relevant to the assignment of your [account] from [oc] to our client CL.

 

Will post up over the weekend, but any ideas what one of these should look like and is a true copy of an 'extract' acceptable?

 

Any comments greatly appreciated.

 

Best regards

[GhostDebt]

Evening everyone below is my compiled witness statement.

----

I am the Defendant in this case.

Letter from Howard Cohen & Co. Solicitors dated *, informing that 'You will have now received a County Court Claim in the above matter'.

N1 CPC Claim Form Dated * received from * County Court Bulk Centre (CCBC).

* Letter posted to both the Claimant, C L Finance Ltd and their Solicitor, Howard Cohen & Co. Solicitors via recorded signed for delivery requesting disclosure of information under the Civil Procedure Rules.

* Acknowledgment of Service posted to Northampton CCBC via guaranteed by 1pm Next day delivery.

Letter from Howard Cohen & Co. Solicitors dated *, informing me that in response to my request for information in accordance with the Civil Procedure Rules that 'We are not obliged to provide this information'.

* 'Holding' Defence posted to * CCBC as a result of the Claimants failure to comply with my CPR request. 'Holding' Defence posted via guaranteed by 1pm Next day delivery.

Letter received from HM Court Services dated * to acknowledge receipt of defence.

Notice that a defence has been filed received from * CCBC dated * which had enclosed an N150 Allocation Questionnaire.

Notice of transfer of proceedings received from * CCBC dated *.

Letter from Howard Cohen & Co. Solicitors dated *, offering a reduced settlement provided the amount is paid in one instalment within 14 days.

* N150 Allocation Questionnaire and additional documents posted to * County Court via guaranteed by 1pm Next day delivery.

Notice of Allocation to fast track, Notice of Case Management Conference both dated * and a copy of the Order by * dated * received from * County Court.

Letter from Howard Cohen & Co. Solicitors dated * including Disclosure Statement & List of Documents.

* Disclosure Statement and List of Documents posted to Howard Cohen & Co. Solicitors via guaranteed by 1pm Next day delivery. Also included was a covering letter dated * asking for missing documentation and making a formal request to view the 'original' alleged credit agreement in accordance with the order made by * dated *

Letter from Howard Cohen & Co. Solicitors dated * referring to the standard disclosure index and stating that should I wish to view a 'copy' of the alleged credit agreement to contact your office to make an appointment.

* Contacted Howard Cohen & Co. Solicitors via telephone to discuss their letter dated *. The purpose of the telephone call was to discuss why you had not provided copies of all the statements relating to the alleged account to which * stated that they are not in your possession. I also discussed with your representative that my formal request to view the 'original' alleged credit agreement was not a request to view a 'copy' which you had already disclosed. When asked if you have the 'original' alleged credit agreement * that you only have a scanned 'copy' and not the 'original' alleged agreement.

* Confirmation of telephone call letter posted to Howard Cohen & Co. Solicitors via guaranteed by 1pm Next day delivery. The contents of the letter reiterate the points detailed in the above telephone conversation and ask for your written confirmation by return along with a copy of the telephone call recording or transcript (if available) for inclusion in the case file.

Letter from Howard Cohen & Co. Solicitors dated * enclosing a 'true copy' of the extract of the Deed of Assignment.

---

Could somebody please have a look and let me know if this looks ok?

 

Many thanks.

[GhostDebt]

HELP required urgently. !!!!

---

I have received a notice of hearing from the Court dated 8.July.09

TAKE NOTICE that the application hearing will take place on 15.July.09

This was received on the 9.July.09

Included with this is a copy of an application notice N244 from Howard Cohen which says under item 3: What order are you asking the court to make and why? - Summary Judgement as there is no concise statement of defence under CPR 24.2.

--

This goes totally against the order made by the Judge as that asked for witness statements by the 15th July and Case Management Conference on 10th August.

---

I am going to ring the court to see what they say anyway, but basically I now need the witness statement in the post above double checking and I also need help with an updated defence.

---

 

Please could somebody help....

 

Thank you

[GhostDebt]

Also,

 

We have received a copy of their witness statement.

This says:

 

1. I .. of HC am authorised by the claimant to make this statement on its behalf

2. The defendant is and was at the commencement of this action justly and truly liable to the claimant in the sum of ..

3. On 15.7.2000 defendant entered into a regulated credit agreement with .. for the provision of a ..[storecard].. account number .. A copy of the said agreement is exhibited hereto.

4. From time to time the defendant made use of the credit facilities available to him and there was a balance of .. outstanding as per his final statement dated 1.10.06 A copy is exhibited hereto.

5. By a deed of assignment dated . assigned the account absolutely to CL

A copy of the said deed of assignment is exhibited hereto. A notice of the said assignment was sent to the defendant on the .. A copy of the said notice of assignment is exhibited hereto.

6. The defendants account was administered by the Claimants financial support unit and the defendant made regular concessionary paymentsto the claimant via a debt management company until .. There is now annexed hereto a copy of the claimants letter dated .. addressed to the .. accepting installments along with copy statements of the account.

7. The defendent failed to maintain regular concessionary payments and on .. the claimant served a DN upon the defendant A copy of the said DN is exhibited hereto.

8. The defendant alleges in his defence that the claimant has failed to provide documentation required in accordance with the CPR. However I can confirm that on the .. the claimant has served a copy of the credit agreement, statements and default notice upon the defendant A copy of the said correspondence is exhibited hereto.

9. I am informed by the claimant and I verily believe that the sum claimed in these proceedings is still due and owing as aforesaid.

10. Not withstanding the document which has been delivered puporting to be a defence, it is my belief that there is no defence to the claimants claim. I therefore respectfully request that the court do award judgement in favour of the claimant for payment of the sum of .. together with the fixed commencement costs of .. AQ fee, of .. and .. judgement costs as per CPR table 45.4 A(2)

----

 

Please any help would be greatly appreciated.

 

I am going to ring the court later to confirm the hearing date is correct but would appreciate some comments on the above and also some defence suggestions based on what has been previously written.

 

Many thanks

[42man]

Is the default note compliant by the way ?