Halifax claimform for 'preference' account credit card

[fdpm]

Hi,

 

Thanks to all the help on here I found this version of the CPR 31.14 Request letter earlier today and have adapted it to suit my County Court Claim.... I think.

 

The CCC is from 'Collections and Recoveries' for the bank so can somebody check that my letter is correctly written please?

 

Here it is:

removed as we have a template now -dx

If someone who knows could run their eyes over this and make any corrections for me, I can send it off tomorrow by Recorded Delivery.

 

 

Thank you.

[42man]

I'd be happy to approve it but can you let us know what the POC's are (Particulars Of The Claim) sometimes they are non existant in which case it might be good to send off the CPR18....but 1st things first...(POC's)

[fdpm]

Hi 42 Man, I changed my username as the other one was too obvious...

 

I haven't got it in front of me as at work today but as far as I can recall it states something about being a debt owed by me for a credit card agreement that I have stopped paying and it mentions me ignoring a Default Notice.

 

This was originally a loan I took out in 1999 that they changed to a debit card account that had extra credit on. Over the years I paid it off and then they would offer me it again and when the times were lean, I stupidly used it again. Anyway, long story short, the credit limit kept going up and I now am in this hole.

 

They have definitely never sent me a DN - I received several statements, a couple of letters from solicitors and then this CCC.

 

This is why in my letter I am asking for the original agreement and the DN.

 

I'm all over the shop now as my partner is really worried that we're going to lose our house and although I'm not too worried, I am feeling stressed about making sure I do everything properly.

 

As you know, I'm also dealing with the SD on my other thread.

Tonight, I will post up a copy of the CCC but I think I have summized it ok.

 

Thank you for your support and as always, your intelligent help.

[42man]

Was the debt assigned ? i.e. is this being chased by the original creditor or is this a debt collection agency ?

[fdpm]

I think it is def the OC. the Claimant is OC and the correspondence address is their Collections Dept.

[42man]

If your CPR31.14 is in line with the Particulars Of The Claim, it should be fine but I can't tell without knowing what the POC's are....

[fdpm]

Morning 42 Man, Sorry couldn't post last night as called over to in-laws - mother is still quite poorly and father (85) is disabled...

 

Anyway POC:

 

The Claimants claim is for [just over £4k] presently due pursuant to a credit agreement entered into by the parties, full particulars of which have been supplied hitherto.

By an agreement dated 03/02/1999 the Defendant has an account number XXXXXXXXX with the claimant. The defendant has failed or delayed to adhere to the terms of the Default Notice issued by the Claimant under the terms of the Consumer Credit Act 1974. The balance due as at XX/XX/2009 on said account is £XXXX

 

The Claimant is the Bank.

 

The address for sending documents is at a different address but doesn't name any DCA or Solicitors... so I'm assuming it is their own department?

 

The CCC was issued out of Northampton County court.

 

Hope this is all the info you require - I'm working from home today to try and get some of these things sorted out as can't sleep with all of these things going on in my head.

 

I'll keep checking in but hopefully I'll be able to get this off in the post today?

 

Thank you for all your help.

 

Fdpm

[42man]

Thanks for posting those the CPR is fine, send it off recorded asap....but keep a close eye on the timescales for submitting your defence....don't miss the deadline...

[fdpm]

ok thank you 42Man - You're the best!

[fdpm]

Just a quickie, in the letter it states I have acknowledged the CCC - but it has been suggested to not do that until later... should I send off the acknowledgement today as well?

[42man]

Acknowledge with intent to defend within 14 days of the date on the claim form, then a further 14+3 days in which to submit a defence.....

[fdpm]

Hi 42Man,

 

When you get a chance, please could you give me some help in preparing my defence?

 

Thank you

[42man]

Have a good read through these -

 

CL Finance Ltd. Recieved a court claim form**WON** Discontinued

 

Lloyds TSB Credit Card - Claim form received

 

Help! - AMEX No CCA and they've started court action.

 

Help - Mum being taken to court by Link Financial.

 

welcome fianance/Court case started.

 

Help! Court Claim from Howard Cohen on behalf of GE Money

 

1st Credit vs Animal

[fdpm]

Hi

 

Have sent two letters under CPR31.14 now, one dated 21/04/09 and sent Recorded Delivery and second sent 30/04/09 Recorded.

 

This gives them until 7th to respond.

 

1. What do I do next?

2. The original CC is dated 17 April so I calculated that I have until 20 May to submit my defence?

 

If someone could give me some more advice I would be grateful.

 

Thank you

[42man]

Have a good read through the various defences.....keep to the deadline, and try your best to understand what is being said....

[fdpm]

What about the N244 thing... where can I find this form and where do I send/take it? I do read through the threads you suggest but there is rather a lot to take in and I only have a limited time to do research as trying to look after aged parents. Today I have about an hour to do research and get prepared for next stage.

 

I have copied the defences you suggested and will read through at bedtime, but if I need to send the N244 I would appreciate some advice regards this.

 

Thank you

[foolishgirl]

You could apply for the N244 order either before or at the same time as you submit your defence (fee applicable but reclaimable if all goes in your favour) or you could use draft directions to request the court to order the production of the docs as part of your defence submissions. There is no fee payable for this but there is also no guarantee that a DJ will accept your draft directions. IMO I would be tempted to use N244.

 

The Form 244 is here: http://www.hmcourts-service.gov.uk/courtfinder/forms/n244_e.pdf

[fdpm]

HI FG and thank you!

 

I have looked throught the threads and found a couple of them with this form filled in so I guess I'll copy one of them? NO word from the other side yet in response to my CPR letters but they do have until Thursday.

 

One other quickie - I think I have until 15th to get my defence in - if I use the online thingy and do it on 14th, that should be okay? We get 8000 characters.

 

I think I have seen elsewhere on here that we have 33 days but according to the online thing its 28 days.

[foolishgirl]

Depends what you are going to write in your defence - 8000 words doesn't go very far.

 

If it says you have until 15th to submit your defence, that is the date you have to comply with. Submission online on 14th is fine but if you have to mail, send Spec. Del. (not rec, it's not reliable).

[fdpm]

I am extremely confused - I think I've read too many threads!

 

Today I got a reply to my first CPR letter:

 

 

DATED 30 April 2009

Dear Sir/Madam,

 

We write with regards to your letter of 20 April 2009.

We acknowledge receipt of your request and confirm we are in the process of collating the documentation.

The documentation shall be forwarded to you once we have received.

Yours faithfully

 

Does this mean I need to give them more time or can I still go ahead with form N244 if I haven't received anything by this Thursday?

 

HELP please!

[fdpm]

Hi, I found this and can someone tell me if it is correct for me to send this in a form N244 on Thursday 7th May if I have not received anything from the claimant?

box [3] of the N244 write:

 

'An order extending time for service of the Defence and directing that unless within 14 days of the making of an order upon this application the Claimant complies with requests made by the Defendant on 20 April 2009 and 30 April 2009 pursuant to CPR 31.14 by the provision to the Defendant of documents mentioned in the Particulars of Claim, namely [1] the agreement [2] the default notice, the claim shall stand struck out and the Defendant shall be at liberty to enter judgment against the Claimant without further order of the court with the costs of this case to be paid by the Claimant to the Defendant to be assessed on the standard basis and pursuant to the provisions of The Litigants in Person (Costs and Expenses) Act 1975.

 

The application is made because of the Claimant's refusal to comply with the Defendant's CPR 31.14 request and the documents are required owing to [not sure what to put here????] and to enable the proper preparation of a Defence.'

 

In Box 4 write: 'Yes'

In Box 5 write: 'Without a hearing'

Ignore Box 6

In Box 7 write: 'None'

In Box 8 write: 'District Judge'

In Box 9 write: 'Claimant'

In Box 10 tick the box marked 'the evidence set out in the box below' and beneath it write:

 

'On 21 April 2009, following service of the Claim Form in this case, I wrote to the Claimant requesting inspection of documents mentioned in the Particulars of Claim pursuant to CPR 31.14. A copy of my letter of request is attached to this application notice marked 'A'.

As I had received no reply by 28 April 2009, I wrote again requesting inspection of documents mentioned in the Particulars of Claim pursuant to CPR 31.14. A copy of my letter of request is attached to this application notice marked ‘B’. The Claimant replied by letter dated 30 April 2009 acknowledging receipt and advising documentation would be sent but with no indication of when this would be. A copy of this reply is attached to this application notice marked 'C'

 

The agreement relied upon by the Claimant is now very old. The documents sought by my request are essential for the proper preparation of my defence and the determination of the claim and CPR 31.14 afford me a right to inspect those documents.'

 

I would really appreciate some help please

[foolishgirl]

You need to be seen by the court as being reasonable so my inclination would be to hold off on the N244 for the time being. However I would write to sols. acknowledging their reply & generously offering them an extension of time to the 13 May but warning them that non-production by that date will result in your application to the court for an order to ensure their compliance. You then have the option to include their non-compliance in your defence &/or issue N244 & look sweetness itself

 

If you're not sure, PM 42man & ask him to look this over - his advice is always invaluable.

[nicklea]

It is largely the work of i've got no money. However, you do need to understand what is being said

 

In the xxx County Court

Claim number xxxx

Between

xxxxxxxxxxx- Claimant

 

and

 

FDPM - Defendant

 

DEFENCE

 

 

1) The claim as pleaded does not contain sufficient particulars to permit me to file a properly particularised and pleaded defence. Further, no documents supporting the claim in the particulars have been offered. I have made a request for disclosure, pursuant to Part 31 of the Civil Procedure Rules, to the Claimant to allow me to properly respond to the claim. The Claimant has failed to respond to the Part 31 request.

 

2) It is Not admitted that I signed any agreement with XXXX . If, which is not admitted, such an agreement exists the precise terms and date of any such agreement are not admitted. I do not have in my possession any such agreement and am not therefore able to comment thereon. The Claimant is put to strict proof as to the date and terms of such agreement.

 

3) It is averred that if any agreement did exist that the aforesaid agreement would be a regulated agreement within the terms of the Consumer Credit Act 1974 ("the Act"). It is not admitted that any alleged Agreement is enforceable within the terms of the Act. As I do not have a copy of the said agreement the Claimant is put to strict proof that the aforesaid agreement was properly executed and has been enforceable at all times since its’ inception.

 

4) I have no knowledge of the service of a default notice. The claimant is put to strict proof as to the content and service of any such alleged default notice.

5) Further and in the alternative it is not admitted that the sum claimed is lawfully owing. The Claimant is put to strict proof as to how the sum claimed has been calculated and as to how it is asserted that the sum claimed is contractually owing.

 

6) Further and in any event in view of the failure to comply with the CPR Part 31 request it is denied that the Claimant is entitled to costs as claimed.

 

7) In view of the above, it is denied that I am indebted to the Claimant as alleged or at all.

Statement of Truth

I believe that the facts stated in this defence are true.

 

Signed

 

xxxxxxx

Defendant

[fdpm]

Thank you

[fdpm]

I think it is too late to send a letter offering them until the 13 May as I think my defence has to be by 14th and tomorrow is 11th. (Have had a hectic time with the elderly parents this week and not had much time to sit down and work on this)

 

I think I'm going to write my defence as shown above by nicklea and maybe mention in the defence that I have asked twice for the CPR stuff and so far had no joy... OR can I enter the N244 thing anytime between my entering my defence and any court date?

 

PLease can someone hold my hand on this one?

 

Thanks