County Court Claim form

[miss trollope]

Hi Bert,

 

so they've already issued a CCJ to you then have they? I want to get my defence in ASAP, I ordered that book off here by Patricia Pearl, it's very good and explains everything clearly. Good luck with your claim, when we win we'll have a party!

[fdpm]

Hi Miss Trollope - love the name!

 

I'm in a similar boat to you - mine's with BoS and they replied to my CPR request saying they would forward once received.

 

I've got to get my defence in by next week and think your draft looks very apt so if you don't mind I'm going to poach it.

 

Good luck with your case...

 

Cheers

FDPM

[littlebert8]

Hi Bert,

 

so they've already issued a CCJ to you then have they? I want to get my defence in ASAP, I ordered that book off here by Patricia Pearl, it's very good and explains everything clearly. Good luck with your claim, when we win we'll have a party!

 

Well, that's just it - their letter implies that they have obtained a judgement. But that is pure BS - I only acknowledged service last week.

 

I don't think there is anything to be gained by rushing to put in a defence. Make sure you meet the deadlines and respond reasonably, but otherwise I reckon slow and steady is the best - mistakes could be costly!

 

Incidentally, I don't want to get ahead of myself, but do you know how costs are handled? Obviously, I'll have details of any out of pocket expenses (postage, stationary etc.), but how should we account for our own time?

[miss trollope]

Hi Miss Trollope - love the name!

 

I'm in a similar boat to you - mine's with BoS and they replied to my CPR request saying they would forward once received.

 

I've got to get my defence in by next week and think your draft looks very apt so if you don't mind I'm going to poach it.

 

Good luck with your case...

 

Cheers

FDPM

 

Poach away - I lifted it from another thread and adapted it, no point in re-inventing the wheel..............

 

Bert, I'm not sure about out of pocket expenses tbh I never thought of that although I am going to with a bank charges claim I am putting in next week which is going to equal the amount of the balance on my overdraft coincidentally!!

[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.

 

[miss trollope]

Thanks Nicklea, where does that fit in the defence?

[havinastella]

http://www.consumeractiongroup.co.uk/forum/legal-issues/196793-county-court-claim-form-2.html#post2154236

 

NIce to know that these morons issue Court proceedings but have NO paperwork.

 

Words fail me.

 

JOgs

[miss trollope]

I think they just send out computer generated forms and hope that if they throw enough mud some of it will eventually stick! Luckily more people are now clued up.

[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.

[miss trollope]

Thanks Nicklea, so this is the final version?

 

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) 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.

 

8. 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.

 

9. 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.

 

10. 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.

 

11. 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.

 

12. 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.

 

13. Alternatively, if the Court is not in agreement with point 11, I respectfully request a stay in proceedings until such time as the Claimant complies with the requests outlined in point 12 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.

 

[miss trollope]

I've got less than 2 weeks to send this off now so would welcome any comments. Thanks guys x

[miss trollope]

bump x

[miss trollope]

bump bump bump, only a few days left to send this off.

 

Thank you x

[miss trollope]

Bump. Third time lucky! xx

[miss trollope]

Please can someone help me I'd like to send this off today or tomorrow with Monday being bank holiday.

 

Thanks xx