County Court Claim form

[miss trollope]

Today I received a claim form from Northampton county court bulk centre - what a joke that is - addressed to my 'person'. It was regarding a credit card from GE Money, I wrote to them about a month ago requesting a copy of the contract and heard nothing (along with previous letters I had written to them making offers of payment before I was enlightened about all this stuff).

 

The claimant is not GE Money who I had the card with but 'CL Finance' who I have no contract with at all. It also has a solicitor's address so they are claiming £80 solicitor's costs too, and 'signed' Howard Cohen & co, although that is just typed on the form and not signed at all. I am not sure whether I defend all of this claim or 'contest jurisdiction'.

 

 

Particulars of claim:

'The Claimant's claim is for the sum of 1703.82 being monies due from the Defendant to the Claimant under a regulated credit agreement between the Defendant and GE Capital Bank Limited under reference **************** and assigned to the Claimant on the 19th February, 2009 notice of which has been given to the Defendant.

 

'The Defendant has failed to make payment in accordance with the terms of the agreement and a default notice has been served upon the Defendant pursuant to Section 87(1) of the Consumer Credit Act 1974.

 

'The Claimant claims the sum of 1703.82.'

 

The total amount claimed is 1858.82. (1858.82 what I wonder - no £ sign there so could get really pedantic!)

 

I have ordered Patricia's book but any advice before it arrives will be gratefully received. xx

[DonkeyB]

This all sounds so familiar - I bet you haven't received any notices of assignment or anything; expect these in the next few days.

 

This is becoming a common problem with GE/CL Finance/Cohen, buying debts and going straight to court even without a letter before action. Have a look at these threads to familiarise yourself with their tactics.

 

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

 

http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/196701-ge-assign-debt-cl.html

 

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

 

More help will follow, I promise! Looks like they have sold it off rather than comply with your CCA request - we'll get this defended for you.

[DonkeyB]

You may also get more help with this in the Debt Collection forum!

[supasnooper]

Hi there,

 

Welcome to CAG.

 

Acknowledge service and state that you intend to defend the whole claim.

 

Send for the CCA from the Original Creditor.

 

You will then need to send an SAR to Howard Cohen & Co.

 

The letters are in this post -

 

http://www.consumeractiongroup.co.uk/forum/show-post/post-2128223.html

[miss trollope]

Thanks Donkey and supasnooper, I am gradually working my way round the forums, looking forward to giving and receiving help and advice!

[DonkeyB]

Hi there,

 

Welcome to CAG.

 

Acknowledge service and state that you intend to defend the whole claim.

 

Send for the CCA from the Original Creditor.

 

You will then need to send an SAR to Howard Cohen & Co.

 

The letters are in this post -

 

http://www.consumeractiongroup.co.uk/forum/show-post/post-2128223.html

 

 

Hi supasnooper. Isn't it the other way round? SAR to original creditor, GE, and CCA to CL Finance? Usually causes them the most trouble...

[nicklea]

Send for the CCA from the Original Creditor.

 

You will then need to send an SAR to Howard Cohen & Co.

 

The letters are in this post -

 

http://www.consumeractiongroup.co.uk/forum/show-post/post-2128223.html

 

Since legal action has already started I would suggest that you send a cpr 31.14 request instead.

 

The above actions are more appropriate for when legal action has not commenced.

 

As the others have said, you'll have no problem defending this.

 

So, acknowledge receipt of the claim form and return it saying that you will defend the full amount. You will then have 33 days from the date on the front of the claim form to put in an initial defence. Don't worry about that now though - you've got another month.

 

You do need to send the cpr 31.14 letter to the solicitor's address as soon as possible.

 

regards

 

nicklea

[littlebert8]

I've just had one of these from Howard Cohen & Co on behalf of CL Financial. The original account was with MBNA and already have a copy of the agreement which I believe may be unenforceable - I'm still waiting for advice on that on another thread.

 

I presume that the best course of action is still to acknowledge the claim and indicate that I wish to defend; send a cpr 31.14 and wait to see what they have got? is there any risk in this approach if it turns out that you don't have a good defence?

[supasnooper]

My apolgies to nicklea and DonkeyB who have spotted my error in my posting the wrong link.

 

Well done and good teamwork people !!

 

From a very embarrassed snoops.

[miss trollope]

Thanks again everyone, just to get this clear I send the CPR 31.14 to Howard Cohen but do I send anything to GE or CL as well?

[DonkeyB]

The CCA is effectively part of CPR31. If you want to do belt and braces, there's no harm (but for £10) in an SAR. You never know what discrepancies might turn up.

 

Really tho, the CPR request should get you all you need; chances are they'll fail to comply. That's the next stage tho.

 

Try and relax and get a good night's sleep - you're in safe hands with the peeps on CAG. They're better than any sleeping pill

[miss trollope]

Thanks Donkey, I've copied the letter ready to print out and send off in the morning.

[miss trollope]

Today I got a computer generated letter, not signed just a stamp saying 'Howard Cohen & Co' and not even addressed to anyone although my name and address is on the top of the letter. This is how it goes:

 

Our ref: ****/******

 

02 May 2009

 

Miss Trollope

123 The Street

Anytown

BA1 1AA

 

Dear,

 

Re: GE Capital - ****************

 

We refer to your recent letter in which you have made a request for information under the Civil Procedure Rule 31.14.

 

We are not obliged to provide this information under C.P.R. 31.14. This claim is for less than £5000.00 and therefore the rule is not applicable. We can confirm that any disclosure will be dealt with as directed by the court. The Particulars of Claim should be sufficient for you to reply to the claim form.

 

We trust this clarifies the matter.

 

Yours sincerely

 

*stamp*

 

Howard Cohen & co.

 

 

Any ideas what to do next? Thanks in advance.

[miss trollope]

*bump*

[DonkeyB]

As usual, the letter is total cr*p. The case hasn't been assigned to any track yet! Nice to know HC are in touch with the judge.

 

Only the court can decide if the claim being below £5000 is relevant, and only the court will assign the track - small claims or fast track - not Howard Cohen. This all works in your favour if it actually goes to court.

 

In the meantime, they are obliged to comply, but they won't. When it comes to AQ, if it does, you'll have to ask the court for specific directions and force them to comply with your request. We'll use this letter in an 'embarrassed' defence.

[miss trollope]

Sorry but what is AQ and what is my next move?

[fedupwithdebt2009]

Hi the Allocation Questionaire is what you will receive from the court and you have to fill it in, the judge will make an order telling you when it has to be handed in by. There are some excellent threads on here with the info on how to fill one in on them, thats how I filled mine in. It's quite simple really....I will see if I can find the one I used......

 

fed up

[fedupwithdebt2009]

It is in sections from A to I, and heres directions on how to fill them in.......but you wont need them untill you get an AQ from court.

A - Settlement

1 Yes (because it eliminates the need to answer question 4)

2 Yes (shows willing)

3 No (because it needs a fee)

4 Leave blank

 

B - Location Of Trial

 

No (already transferred)

 

C - Tick No and write "Please see attached section C"

 

Then on a separate sheet of paper type this, and head it section C

 

"This case is not covered by any approved pre-action protocol. I have requested the claimant provide information in my CPR Part 18 request, but to date the claimant has not provided the documents I require to investigate this claim"

 

D - Case management information

 

What amount of the claim is in dispute - fill in the full amount

 

Applications - No

 

Witnesses - Enter your own name, and "All" to 'witness to which facts'.

 

Experts - No to first question - leave the rest blank

 

Track - Fast Track (as claim is over £5,000) - Leave the other box blank as Fast Track is normal

 

E - Trial or Final Hearing

 

2 hours

 

(Only you know if there are any dates you cannot attend)

 

F - Proposed Directions

 

Yes to question 1, No to question 2.

 

WORK ON THE DIRECTIONS TO ATTACH LATER

 

G - Costs

 

Leave blank

 

H - Fee

 

Leave blank

 

I - Other Information

 

Yes to questions 1 and 2. Sent today. No to Applications and leave blank.

[miss trollope]

Thanks that is brilliant, when will they send out the AQ? As Howard Cohen haven't complied with my request can I apply to have the proceedings struck out or do I still need to file a defence?

[DonkeyB]

Yes, we need a defence, but first of all - have you acknowledged service and stated that you are going to defend all the claim?

[miss trollope]

Yes I did that straightaway, I've got about 19 days left to file my defence.

[miss trollope]

I got a letter from HC today saying 'you will now have received a County Court Claim blahdeblahdeblah. If you have already responded to the claim please ignore this letter.' Well they know I received it and responded because they ignored my request for a copy of the agreement.

 

What do I need to put in my defence - is there a template anywhere?

 

Thanks in advance guys.

[miss trollope]

I've liftted this off another thread and adapted it - do you think I should attach a copy of my CPR request and their reply to my defence?

IN THE NORTHAMPTON COUNTY COURT

 

 

Case No: XXXXXXXX

 

 

BETWEEN:

 

 

 

CL Finance Ltd

 

 

 

 

Claimant

 

 

 

 

and

 

 

 

 

 

 

Miss Trollope

 

 

 

Defendant

 

 

 

 

 

DEFENCE

 

 

 

 

1 Miss Trollope of Trollopeville am the defendant in this action and make the following statement as my defence to the claim made by xxxxxxxxxxxx

 

2. Except where otherwise mentioned in this defence, I neither admit nor deny any allegation made in the claimant's Particulars of Claim and put the claimant to strict proof thereof.

3. It is denied that the Claimant served upon the Defendant a default notice pursuant to section 87(1) of The Act and which was in prescribed form and compliant with the provisions of section 88 of the Act.

 

4. The Claimant's Particulars of Claim do not appear to disclose any legal cause of action and they are embarrassing to the defendant as the Claimant's statement of case is insufficiently particularised and does not comply with CPR part 16. In this regard I wish to draw the court's attention to the following matters:

 

a) The Particulars of Claim are vague and insufficient and do not disclose an adequate statement of facts relating to or proceeding the alleged cause of action. No particulars are offered in relation to the nature of the written Agreement referred to, the method the Claimant calculated any outstanding sums due, or any Default Notices issued required for the Claimant to have a legitimate right of action under the purported written Agreement or any other matters necessary to substantiate the Claimant’s claim;

 

b) A copy of the purported written Agreement that the Claimant cites in the Particulars of Claim and which appears to form the basis upon which these proceedings have been brought, has not been served attached to the claim form;

 

c) A copy of the purported Default Notice cited in the Particulars of Claim, and as required by s87(1) Consumer Credit Act (1974), has not been attached to the claim form;

 

d) No copies of statements relating to the Agreement have been included with the claim form and no particulars have been offered supporting the Claimant's claims of my indebtedness to them.

 

5. Further to the case, on 29 April 2009 I requested the disclosure of information pursuant to the Civil Procedure Rules, which is vital to this case from the Claimant. The information requested amounted to copies of the Credit Agreement referred to in the particulars of claim and any default or termination notices.

 

6. The claimant has failed to comply with my request for disclosure entirely and it is suggested that such failure highlights that there is no case for me to answer.

 

7. Since the claimant has failed to comply with the request for disclosure as outlined in point 4, it is requested the court consider striking out the claimant statement of claim as failing to disclose reasonable grounds for bringing the claim and there is no case to answer.

 

8. In view of the matters pleaded above, the Defendant respectfully requests that the Court gives consideration as to whether the Claimant’s Particulars of Claim should be struck out as disclosing no reasonable grounds for bringing the claim, and/or that it fails to comply with CPR Part 16.

 

9. In the alternative if the Court decides not to strike out the Claimant’s case, in order for the Defendant to determine that the documents the Claimant claims to be relying upon are properly executed and contain the required prescribed terms and correct figures as to make such an Agreement enforceable by virtue of s.87 Consumer Credit Act (1974), the Defendant respectfully requests that the Court orders full disclosure of the following documents pursuant to the Civil Procedure Rules:

 

a) A copy of the executed Agreement as referred to in the Particulars of Claim, containing the prescribed terms under Consumer Credit (Agreements) Regulations 1983 (SI 1983/1553) and signed in the prescribed manner by both the debtor and creditor;

 

b) A copy of the terms & conditions as referred to in, and in force at the time of, any such executed Agreement;

 

c) A full breakdown of how the sum claimed has been calculated;

 

d) A copy of any Default Notice as referred to in the Particulars of Claim and issued under the terms of any such executed Agreement;

 

e) Any other documents the Claimant seeks to rely on.

 

10. Alternatively, if the Court is not in agreement with point 8, I respectfully request a stay in proceedings until such time as the Claimant complies with the requests outlined in point 9 above or until the Court orders its compliance with the same. I will then be in a position to file a fully particularised Defence and Counterclaim and will seek the Court's permission to amend my statement of case accordingly.

 

 

Statement of Truth

 

 

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

 

 

 

Signed:

 

 

Dated:

[miss trollope]

bump

[littlebert8]

Hi Misstrollop,

Sorry, but I cant yet offer any assistance with your defence as I'm at the same stage as you with these Muppets.

You might however wish to know that you are not the only one they play games with over their obligations under the CPR. Here is the response that they sent me (incidentally my case is over £5K):

Dear Mr LittleBert

RE: CL Finance Ltd - £xxx

We refer to previous communications in this matter.

We refer to your recent letter in which you have made a request for information under the Civil Procedure Rules.

As this matter is now subject to a County Court Judgment we are not obliged to provide this information, and would advise that the particulars of claim detailed in the County Court Claim Form were sufficient to allow you to respond accordingly.

Not withstanding the above, we have requested a copy of the original agreement from our clients’ predecessors and will forward this onto you on receipt. If you are in any doubt as to your position in this matter, please seek your own legal advice.

If you wish to discuss this matter please telephone 0870 75 1 3200.

Yours faithfully,

Howard Cohen & Co

I've followed your thread with interest, so I hope you don’t think I'm trying to hijack it and wont mind if I just post a link to my own:

http://www.consumeractiongroup.co.uk/forum/mbna/158071-littlebert-mbna.html

If I come up with anything that I think may be useful to you, then I'll post back here.

Good Luck.