County Court Claim form

[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

[nicklea]

You left out a VERY important bit about th debt being assigned:-

 

The Assignment of the debt

 

 

1) It is not admitted that the alleged debt was lawfully assigned to the claimant. The claimant is put to strict proof that such alleged agreement was lawfully assigned.

 

19) The Law of Property Act 1925 is the relevant act that deals with the assignment of debts.Section 136(1) requires that for the assignment of a debt to be effective, express notice in writing must have been given to the debtor:-

 

136. Legal assignments of things in action.

— (1) Any absolute assignment by writing under the hand of the assignor (not purporting to be by way of charge only) of any debt or other legal thing in action, of which express notice in writing has been given to the debtor, trustee or other person from whom the assignor would have been entitled to claim such debt or thing in action, is effectual in law (subject to equities having priority over the right of the assignee) to pass and transfer from the date of such notice—

20) Section 196(4) prescribes the requirements for giving sufficient notice by post:-

 

196. Regulations respecting notices.

(

4) Any notice required or authorised by this Act to be served shall also be sufficiently served, if it is sent by post in a registered letter addressed to the lessee, lessor, mortgagee, mortgagor, or other person to be served, by name, at the aforesaid place of abode or business, office, or counting-house, and if that letter is not returned [by the postal operator (within the meaning of the Postal Services Act 2000) concerned]

undelivered; and that service shall be deemed to be made at the time at which the registered letter would in the ordinary course be delivered.

21) It is noted that by the Recorded Delivery Service Act 1962 a recorded delivery letter is equivalent to a registered letter and that under the Postal Services Act 2000 Schedule 8 any reference to registered post is to be construed as meaning a registered postal service (eg Royal Mail recorded delivery or special delivery).

 

 

22) For the assignment of a debt to be effective and so giving the Claimant a right of action a valid Notice of Assignment must have been sufficiently served on me using a registered postal service pursuant to s196(4) before court action was commenced. The Claimant is put to strict proof that any valid notice of assignment was sufficiently served on me. Without this proof, the Claimant has no right of action.

 

[nicklea]

Between paras 4 and 5.

 

Having reread your defence it might be more appropriate to cut down the bit on assignment.

 

What you need to do is to later do a witness statement that goes into a lot more detail on these things.

 

5) It is not admitted that the alleged debt was lawfully assigned to the claimant. The claimant is put to strict proof that such alleged agreement was lawfully assigned.

 

6) The Law of Property Act 1925 is the relevant act that deals with the assignment of debts. Section 136(1) requires that for the assignment of a debt to be effective, express notice in writing must have been given to the debtor. Section 196(4) prescribes the requirements for giving sufficient notice by post.

7) It is denied that a valid Notice of Assignment was sufficiently served on me using a registered postal service pursuant to s196(4) before court action was commenced. The Claimant is put to strict proof that any valid notice of assignment was sufficiently served on me. Without this proof, the Claimant has no right of action.