court letter

[nanny911]

hi today- i received to my horror a letter from a bulk court office from my catologue money-they are now claiming the full amount from me- :? I am still getting on my feet after my partner left me, and am sorting of my finances, as he left me with some debts.....I never received a default notice from them, yet they have sent me a form to fill out from a court- please help

[postggj]

hi nannyand welcome

 

a catalogue debt is it

 

right then, how old is the account, did you ever sign an agreement,

who is the catalogue company or is it a debt agency asking for the money

[havinastella]

hi today- i received to my horror a letter from a bulk court office from my catologue money-they are now claiming the full amount from me- :? I am still getting on my feet after my partner left me, and am sorting of my finances, as he left me with some debts.....I never received a default notice from them, yet they have sent me a form to fill out from a court- please help

 

Can you post up the POC, remove any identifing details.

 

Who is the claiment?

 

Did you receive a NOA?

 

Did you receive a default notice.

 

YOU really have to post FULL details for us to be able to help.

 

JOgs

[nanny911]

hi-

sorry just trying to get used to this system- its all new to me, sorry for lack of info- not sure what i needed to give you- just spoke to my friend who advised me as he has used this site- right

The claimant is- CL FINANCE LTD

I have never received a noa- the account is not a catologue company but a mastercard with ge money- it used to be a store card and then they changed it to a mastercard- The account is over 3 years old, also i never received a default notice from them.

[postggj]

cl finance

 

debt collecting agency

 

ill get back tommorow if short on replies,

 

you have two weeks to acknowledge the claim so no panic yet

 

relax, you are in good hands,

 

did you ever get any actual court threats

[nanny911]

Never received anything from them- they include a solicitor address for me to make payments and a form that states admission form specified amount- with a claim number and the court northhampton- cannot post as dont have scanner- again thanks - i am so upset by this cannot stop crying- this is the icing on the cake-

[postggj]

nanny

 

please calm down

 

these people play mind games and know what buttons to push.

 

any body can issue a claim, its ging through with it that matters.

 

they issue these claims hoping you dont defend and then they get a ccj by default,

 

a cpr letter is in order to begin with,

i have to sign off now but you will have more help tonight.

 

ive yet to know of a dca who has had all the corect paperwork

[nanny911]

thank you-

 

they really picked on me a low time thats all- just dealing with living is more than enough right now- but i am sure with the help of this fab site i can get sorted- i trust that i will get the help i need

[postggj]

ill pop in in the morning

 

a lot, well a hell of a lot of claims, the dca withdraws after going through the motions, play them at there own game.

 

i myself in the past have had three claims withdrawn

 

there is light at the end of the tunnel so try not to worry.

 

in no time you will be dca bashing and waiting for the postman

 

revenge is a dish best served cold.

 

we have all been through the grinder and come out much stronger

[nanny911]

Well they certainly know to get you when you down- err about the letter cpr???? that is something i do at work, so a little confused sorry, what do i need to do ????? step by step

[havinastella]

Well they certainly know to get you when you down- err about the letter cpr???? that is something i do at work, so a little confused sorry, what do i need to do ????? step by step

 

 

Hi Nanny,

 

Firstly you have to acknowledge service, you should have a password on the court papers to be able to do this online.

 

You need to do this ASAP with the intention to defend all.

 

You then need to send this letter to the solicitors who issued the claim

 

Dear Sir,

 

Re: (Claimant's name) v (Your name) Case No:

CPR 31.14 Request

 

On (date) I received the Claim Form in this case issued by you out of the (Name) County Court.

 

I confirm having returned my acknowledgement of service to the court in which I indicate my intention to contest all of your claim.

 

[Prior to the issue of proceedings I had delivered a request for the production of the agreement mentioned in the Claim Form and on which you rely. That request was ignored][delete if no such request was delivered]

 

Please treat this letter as my request made under CPR 31.14 for the disclosure and the production of a verified and legible copy of [each of the following / the] document(s) mentioned in your Particulars of Claim:

 

1 the agreement. You will appreciate that in an ordinary case and by reason of the provisions of CPR PD 16 para 7.3, where a claim is based upon a written agreement, 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. Further, that any general conditions incorporated in the contract should also be attached.

 

2 the assignment*

 

3 the default notice*

 

4 the termination notice*

 

5 [any other documents mentioned in the Particulars of Claim]*

 

* delete if not mentioned in the Particulars of claim.

 

[Although your claim is for a sum which is not more than £5,000.00 and will in all likelihood be allocated to the small claims track for determination upon my delivering a defence, at this moment in time I have not delivered my defence and the case has not been allocated to a track. In consequence the provisions of CPR 27(2) are of no effect and you should not seek to avoid compliance with your CPR 31 duties by claiming otherwise]#

 

# delete if claim for a sum exceeding £5,000.00

 

You should ensure compliance with your CPR 31 duties and ensure that the document(s) I have requested are copied to and received by me within 7 days of receiving this letter. Your CPR 31 duties extend to making a reasonable and proportionate search for the originals of the documents I have requested, the better for you to be able to verify the document's authenticity and to provide me with a legible copy. Further, where I have requested a copy of a document, the original of which is now in the possession of another person, you will have a right to possession of that document if you have mentioned it in your case. You must take immediate steps to recover and preserve it for the purpose of this case.

 

Where I have mentioned a document and there is in your possession more than one version of that same document owing to a modification, obliteration or other marking or feature, each version will be a separate document and you must provide a copy of each version of it to me. Your obligations extend to making a reasonable and proportionate search for any version(s) to include an obligation to recover and preserve such version(s) which are now in the possession of a third party.

 

In accordance with CPR 31.15© I undertake to be responsible for your reasonable copying costs incurred in complying with this CPR 31.14 request.

 

If you require more time in which to comply with this request you must tell me in writing. You must tell me before the time for compliance with this request has expired. In telling me you require more time you must tell me what steps you have taken and propose to take in order to comply with this request and also state a date by when you will comply with this request. In addition your statement must be accompanied with a statement that you agree to an extension of the time for me to file my defence. Your extension of time must be not less than 14 days from the date when you say you will have complied with my request and you must state the new date for filing my defence.

 

If you are unable to comply with this request and believe that you will never be able to comply with this request you must tell me in writing.

 

Please note that if you should fail to comply with this request, fail to request more time or fail to agree to an extension of time for the filing of my defence, I will make an application to the court for an order that the proceedings be struck out or stayed for non-compliance and a summary costs order.

 

I do hope this will not be necessary and look forward to hearing from you.

 

yours faithfully

 

 

 

 

 

EDIT this letter to suit, send it by at least Recorded Delivery.

 

DON'T upset yourself, the worst that can happen is the judge makes you pay back £1 a week.

 

 

What does the POC say??

 

Jogs

[supasnooper]

Hi there,

 

And welcome to CAG.

 

You're in good hands here with some great advice being offered by havinastella and postggj.

 

I'm sure others will look in and advise if required.

 

Good Luck.

[nanny911]

it says-

the claimants claim is for the sum of .........being monies due from tbe defendant to the claimant under a regulated credit agreement between the defendant and ge capital bank ltd under ref........ and assigned to the claimant on the 8th april 2009 notice of which has been given to the defandant

The defandant has failed to make payment in accordance with the terms of the agreement and a default notice has been served upon defandant pursuant to section 87 (1) of the consumer credit act 1974

pursant to clause 7 of the agreement the claimant also claims contractual interest at a rate of 16.2 per annum from the date of these processings to the date of judgement or sooner payment, accruing at a daily rate of 1.06

[havinastella]

so they say they brought the debt on the 8th April 2009, two days for notice would be the 10th April 2009 and they issued Court papers a day later.

 

 

These b@stards really need taking to task.

 

Jogs

[DonkeyB]

Have a look at these threads - similar in some ways to you, with the claim being issued within days of assignment. It's out of order - you'll get loads of help here, so please stay calm.

 

http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/192263-cl-finance-issue-court.html

 

http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/192657-howard-cohen-oh-dear.html

 

I'm guessing it's Howard Cohen doing the dirty work?

[nanny911]

thanks yeah it is them- ??????

[nanny911]

Hi all well i sent the letter requesting doucumentation, and this is the reply i got.

we refer to our recent letter in which you made a request for information under the civil procedure rules, we are not obliged to provide this information and would advise that the particularss of claim detailed in the county court form should be sufficient to allow you to respond accordingly.

please reply to the claim form immdeiatly, please refer to the claim form for details of time limits which you are expected to respond-

 

This is a photocopied letter, as the signature is very grey- hmmmm standard letter to scare me perhaps- well hello i am scared- what happens next-

[PGH7447]

Usual Howard cohen response, just hang fire until you get the AQ from the court then you can submit the embarrassed defence

[nanny911]

please explain- i dont understand-

[I've got no money]

Usual Howard cohen response, just hang fire until you get the AQ from the court then you can submit the embarrassed defence

 

I'm not sure if I agree with that at all.

 

Can I just check what has happened

1. When did you get the summons - what is the claim about, do you have any documents

2. Can you post it

3. Have you filed the Acknol of Service form - if so - when?

4. Have you sent the CPR 31.14 letter - if so when

 

If you have not yet filed a defence you should NOT wait for an AQ - you won't get one - an AQ is only sent by the court AFTER a defence has been filed. If you wait for an AQ before filing a defence you'll end up with a default judgment

[GamekeeperToPoacher]

Hi Nanny,

 

An embarrassed defence is basically where you say I can't defend myself as the claimant has not given me enough information there is one in my thread here

 

GK

[PGH7447]

I'm not sure if I agree with that at all.

 

Can I just check what has happened

1. When did you get the summons - what is the claim about, do you have any documents

2. Can you post it

3. Have you filed the Acknol of Service form - if so - when?

4. Have you sent the CPR 31.14 letter - if so when

 

If you have not yet filed a defence you should NOT wait for an AQ - you won't get one - an AQ is only sent by the court AFTER a defence has been filed. If you wait for an AQ before filing a defence you'll end up with a default judgment

 

Have a read of the OP's other thread, it is all explained there

[I've got no money]

It doesn't appear to be a catalogue debt.

 

If my memory serves me right GE tend to be store cards - and the debt has been assigned to CL Finance

 

If you've filed the Acknol of Service then you need to file a holding defence ASAP (until you get the disclosure that needs filing) ASAP.

 

As far as the CPR 31.14 letter is concerned you need to do them a chasing letter - send them a letter, enclosing a copy of the original CPR 31.14 and tell them that if they don't provide a substantive response within 7 days that you will apply to the court for an Order

[I've got no money]

Have a read of the OP's other thread, it is all explained there

 

I have and unfortunately the advice that you have posted here is inaccurate.

 

The Court only issues an AQ on the filing of a defence. If the OP waited for that she would have a very long wait...indeed way past the deadline for the filing of her defence...Howard Cohen would enter a default judgment.

 

The whole point of the embarrasssed defence is that it is a temporary holding defence that is filed UNTIL you get proper disclosure.

 

In terms of the CPR 31.14 letter the OP should chase that up - with a letter to HC threatening an application for an order.

[I've got no money]

OP - rather than start a new thread for each bit of the claim its' probably better to keep it all in one thread - that way anybody commenting knows all of the info.