Halifax claimform for 'preference' account credit card

[foolishgirl]

Send the defence as per nicklea.

 

Also write to claimants, giving them 7 days in which to supply info. under CPR31.14 - send Rec. Del.

 

You can decide when the AQ arrives whether to apply for draft directions to make claimants cough up the info. or apply for a N244.

[foolishgirl]

Oh, just seen you've asked twice for info already. Were both these requests under CPR31? If so, you don't need to write to claimants again, if only one under CPR write again to cover yourself.

[I've got no money]

The problem is that this is a small claim - I think that you need to file the holding defence and then make an application NOW on an N244 for an order that they comply with your CPR 31.14 request and that the proceedings are stayed until they comply.

 

If you leave it until allocation it'll be too late and you'll have to start again with a Request for further information under Part 18

[foolishgirl]

The problem is that this is a small claim

 

Well spotted IGNM.

 

I've read too many threads, sorry FDPM. Follow IGNM's advice & apply for N244 now or submit another CPR request to claimant under CPR18. As soon as it is allocated to a track, it will become a small claim (under £5000) & you can't use the CPR31/N244 route, you would use CPR18 & apply for draft directions with your AQ to seek compliance.

[I've got no money]

 

I've read too many threads, .

 

Tell me about it...I've found that sometimes I find myself commenting on the wrong threads...

[fdpm]

Ok thanks guys but now I'm a little more confused.

 

I've seen the N244 guidance somewhere, so basically I get one of these forms and fill it in and take it to court?? How do I go about this procedure?

 

I've got my defence ready, I think, I copied one from one of the other threads - it seemed more detailed than the one nicklea put on here?

 

Now I sound like I'm ignoring advice but I'm not, I just want to try and make sure it is right. The credit card in question was 'preference' account card and I've seen loads of threads on here about them and think my one is definitely a good case - the card was given to me in 1999 after I had taken out a loan, since repaid, and I have never received a DN -

 

Can one of you hold my hand on this - I'll be able to do things on Tuesday as off work then, I worked out today that I have until 20th May to submit the defence.

 

Thanks

[foolishgirl]

The details you put in Post 23 should suffice for Form N244, FDPM.

 

'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.'

 

Suggest you complete it here with something like:

 

'the Defendant not having seen or being in possession of (a) a copy of the Default Notice & (b) an agreement containing the prescribed terms as determined by the CCA1974, both of which the Claimant refers to in his recent claim & on which he seems to be relying on for prosecution of this claim' Without the production of these documents it is impossible for the Defendant to submit a proper & informed defence'

 

You should get the N244 in before your defence is due in & submit a letter with it asking the court to deal with it speedily as the date your defence is due is xxxx.

[fdpm]

The problem is that this is a small claim - I think that you need to file the holding defence and then make an application NOW on an N244 for an order that they comply with your CPR 31.14 request and that the proceedings are stayed until they comply.

 

If you leave it until allocation it'll be too late and you'll have to start again with a Request for further information under Part 18

 

Please can you confirm that I file the defence as written by nicklea (above) as my holding defence, and then do the N244?

 

Also, as the CCC was issued by Northampton, where do I send the N244?

[I've got no money]

Both defence and N244 go to Northampton - what will happen is that the case will then get transferred to your local court

[fdpm]

Ok thank you - final thing can you please confirm that the defence as supplied by nicklea (above #27) is the correct holding defence for me to use?

[I've got no money]

Yes - its' fine - at this point there's actually not much more you can say

[fdpm]

Ok and BIG BIG Thank you to IGNM, FG, 42Man and Nicklea -

 

I'm going to do the N244 today and enter my defence online today and then I will wait and see what happens.

[foolishgirl]

Good luck, let us know the outcome...