Claim form Received today

[creditcardmug]

Its 33 normal days, no you dont need to go to court, you can file your defence online or by post

[42man]

Darcus have a read of these too - http://www.consumeractiongroup.co.uk/forum/legal-issues/167353-help-court-claim-howard-2.html

 

http://www.consumeractiongroup.co.uk/forum/legal-issues/161469-1st-credit-animal-2.html

[darcus]

Hi

Nothing received yet. I think my time is running out...

[42man]

Which is good news !!!

[creditcardmug]

Darcus i make it 22nd march as the latest date to file your defence, phone the court just to check, dont worry if they haven't responded to your request, they rarely do anyway.

[GamekeeperToPoacher]

subbing

[darcus]

I received a letter this morning from Halifax saying that they were sorry that I was complaining and sent a leaflet on how to make a complaint. Do I make a complaint or do I just shut up for now?

[darcus]

22nd is rapidly approaching only 3 working days including today - still nothing on their website and nothing at the court.

Do I have to submit anything to court?

 

Thanks

[creditcardmug]

Hi bump the tread later today, ill help you with a defence

[Docman]

Darcus

 

here's a starter for ten. You will need to amend as necessary. Also I have not covered the claim for interest and I think it should be added. Can someone more knowledgable add the appropriate wording at the end?

Edited March 20, 2009 by MARTIN3030
personal bits deleted

[darcus]

bump

[Mydogsawestie]

Darcus

 

here's a starter for ten. You will need to amend as necessary. Also I have not covered the claim for interest and I think it should be added. Can someone more knowledgable add the appropriate wording at the end?

 

[ATTACH]7150[/ATTACH]

 

 

Hi Darcus I filed my defence on my claim form with the help of CCM & others early this week. For the S69 bit I put in.....

It is denied that the claimant may claim interest under the County Courts Act 1984 S69 as the purported agreement is a regulated agreement regulated by the Consumer Credit Act 1974 and the County Courts (Interest on Judgement Debts) Order 1991 (No.1184 (L.12) ) section 2 (3) as the name of the order implies, is applicable only to judgement debts.

 

I'm just waiting on the next round of something to come my way now....but so pleased I have had all the help and advice from everyone on here so far, so stick in there and stay strong. Good luck

[darcus]

Thank you for these. I will put this together on the document, what I don't know is exactly where? Halifax have not complied with my CPR request, I think I understand it says that they are in default of my request, but I'm not sure - have I read it right?

 

Also, as Sunday is the last day, do I have until then, or until tomorrow?

 

I will scan in the proof of postages, as well as what they've sent me - will that be sufficient for now or will they need originals to be sent to the court?

 

Thanks for all your help

d

[Docman]

Darcus

 

There isn't much point in waiting until Sunday if you have more or less finished your defence. you might actually be late if you wait until Sunday.

 

Can I also advise amending what is paragraph 20 in the draft defence. normally creditors make reference to a Defulat Notice. i now see that Halifax doesn't, so you need to replace paragraph 20 with the following

 

"

20. The claimants also state in their Particulars of Claim that the Claimant has requested payment but that I have failed to pay the sum demanded. It is neither admitted nor denied that any demand was ever received.

[darcus]

HI

 

Where in the defence do I put this in?

 

It is denied that the claimant may claim interest under the County Courts Act 1984 S69 as the purported agreement is a regulated agreement regulated by the Consumer Credit Act 1974 and the County Courts (Interest on Judgement Debts) Order 1991 (No.1184 (L.12) ) section 2 (3) as the name of the order implies, is applicable only to judgement debts.

 

Do I give it a paragraph number?

[Docman]

I suggest putting it in as a new paragraph number 26 just before the heading 'AND THE DEFENDANT' and renumber the remaining paragraphs.

[darcus]

PANIC!

It only allows 8000 characters and I've got 14363 characters. Do I print out and send it to them instead? Or is there a way of attaching it?

 

Otherwise I will have to go to the post office and send it within the next hour or so...

[creditcardmug]

PANIC!

It only allows 8000 characters and I've got 14363 characters. Do I print out and send it to them instead? Or is there a way of attaching it?

 

Otherwise I will have to go to the post office and send it within the next hour or so...

 

 

Print it and send it by SD, if you haven't already done so add this at the bottom, sign and date it, don't bother sending a copy to the other side

 

 

Statement of Truth

 

 

I xxxxxxxxxxx, believe the above statement to be true and factual

 

 

Signed .....................

 

Date

[Docman]

Darcus

 

I've edited by deleting the quotes from the Act which now brings the total characters below 8000.

 

DARCUS Defence v2.doc

[MARTIN3030]

Attatch removed as per request

[darcus]

Peeps, thank you for all your help.

 

I have now submitted the defence.

 

Fingers crossed as to what they do next...

 

Thank you all again.

 

darcus

[darcus]

Hello peeps,

 

I've just received a large envelope from Irwin Mitchell Solicitors containing statements. There is no credit agreement, there is no default notice, there is nothing else.

 

Surely this is in response to the CCA request made back in January? Because at that time, they sent the credit card terms & conditions and no statements? I don't think it's in response to the CPR request which was sent, because in that event they would have sent copies of the agreement, default notices etc?

 

Also, I've noticed that they're calling me at least twice a day. I recognise the number, but don't want to answer it. I'm going to answer once and tell them to stop calling me, then send them the letter about phone calls. What do you think?

 

Thanks all, I had a nice nights sleep for a change yesterday...

 

d

[42man]

Any more news on this Darcus ?

[darcus]

Hi,

 

The only updates I've had is that the court confirmed receipt of my defence and that they had forwarded it on to the claimants. Yesterday I received a letter from the claimant giving me a reference number to quote when I contact them in the future and that I would have my complaint dealt with no later than 29/04/2009.

 

I don't know if all this is normal or not. The courts have not received anything else and the status online has not changed either.

[Docman]

It means the idiots at HBOS have taken the letter from the court and your defence as a COMPLAINT under their rules!

 

Let them carry on and do not give them the satisfaction of quoting their own reference number. The only reference you need to quote on any letter now is the case refernce from the Court.