Speedloan claimform **Claim Discontinued - WON!**

[jj69]

The court will set a date for a hearing & ask you to serve the docs. on the other side, copy to the court, that you will be relying on in court to make your case usually 14 days before the hearing date. They will specify. This is your 'bundle' & you should start getting it together along with a witness statement now.

 

You might find this thread useful:

http://www.consumeractiongroup.co.uk/forum/legal-issues/130101-humbleman-hfc-weightmans-court-11.html#post2167194

 

If you are unsure on court proceedings, suggest you get the book from CAG at the top of the page - 'Small Claims Court Guide'. It's a very clear step by step guide.

 

Ok foolishgirl thanks for the update on that

[jj69]

The court will set a date for a hearing & ask you to serve the docs. on the other side, copy to the court, that you will be relying on in court to make your case usually 14 days before the hearing date. They will specify. This is your 'bundle' & you should start getting it together along with a witness statement now.

 

You might find this thread useful:

http://www.consumeractiongroup.co.uk/forum/legal-issues/130101-humbleman-hfc-weightmans-court-11.html#post2167194

 

If you are unsure on court proceedings, suggest you get the book from CAG at the top of the page - 'Small Claims Court Guide'. It's a very clear step by step guide.

 

What is the ususal turnaround time for a set court date ?

Not heard anything yet or recieved any documentation so just wondering.

I did put in the AQ that I was unavailable from 31st July upto Aug 18th due to training commitments so could it be down to this that I have heard nothing ?

[jj69]

OK got my court appearance date as of the 23rd July.

 

Have got the option of mediation which the Judge has recommended.

I could offer a set payment plan but obviously need to tread careful so any advice welcome.

 

I would like some assistance to compile documentation for the court in my defence so anybody available to do thi please let me know.

[jj69]

The court will set a date for a hearing & ask you to serve the docs. on the other side, copy to the court, that you will be relying on in court to make your case usually 14 days before the hearing date. They will specify. This is your 'bundle' & you should start getting it together along with a witness statement now.

 

You might find this thread useful:

http://www.consumeractiongroup.co.uk/forum/legal-issues/130101-humbleman-hfc-weightmans-court-11.html#post2167194

 

If you are unsure on court proceedings, suggest you get the book from CAG at the top of the page - 'Small Claims Court Guide'. It's a very clear step by step guide.

 

 

Hi..just got court date but realised I have not compiled my defence docs.Do I still have time to get my docs to the court or can I contact them and explain I need more time ?

[jj69]

Sorry excuse my last rant..court date 28th September...claimant has to pay fee of £75 before 23rd July..should read slower..

[foolishgirl]

Sorry excuse my last rant..court date 28th September...claimant has to pay fee of £75 before 23rd July..should read slower..

 

Oh, lots of time then.

 

Check with the court after 23 July; if the fee hasn't been paid they almost certainly will not be going ahead & you will be able to claim wasted costs against them. Ask if you need help with the submission.

 

If they pay the fee you will get notice from the court as to when you have to submit the docs. etc you will be relying on for your defence to the other side & to court (usually 14 days before hearing date). It's at this stage that you submit your witness statement etc. Shout again if you need help.

[jj69]

Oh, lots of time then.

 

Check with the court after 23 July; if the fee hasn't been paid they almost certainly will not be going ahead & you will be able to claim wasted costs against them. Ask if you need help with the submission.

 

If they pay the fee you will get notice from the court as to when you have to submit the docs. etc you will be relying on for your defence to the other side & to court (usually 14 days before hearing date). It's at this stage that you submit your witness statement etc. Shout again if you need help.

 

Thanks Foolishgirl,well I got a letter with the Judge suggesting both sides try mediation so what the hell I called the court on Friday and gave them my details asking for attempt at mediation.The court clerk stated if the other side were interested she would be in touch.

I am pretty confident that I have a good case but it shows good willing in the courts eyes if I at least tried the mediation route.

I have just recieved court papers from Black Horse so may need assistance with that later, I have already been online and done my AQ.

(start a seperate thread) and sent letter off for a CPR31 request.

[foolishgirl]

Good, looks like you've got the ball...

[jj69]

Well just an update..spoke to court who confirmed that fee by claimant has not been paid on the 23rd July..so reminder letter sent out 24th..

They have until the 31st to rectify this when it may be struck out..

 

How come claimants get time to rectify this when I as the defendant have to make sure all my docs are in on time or im looking at a CCJ ?

 

If they have not paid by the 23rd as required then surely it should be struck out then !! rant over...

 

 

I have also called the mediators office twice now and still no response from the claimant...if it does get to court I want to be as squeaky clean as possible..

[foolishgirl]

 

How come claimants get time to rectify this when I as the defendant have to make sure all my docs are in on time or im looking at a CCJ ?

 

If they have not paid by the 23rd as required then surely it should be struck out then !! rant over...

 

 

 

That's life....

[jj69]

That's life....

 

 

Soooo true...

Could you help me with another court claim I have.I have filled in my AQ which has been recognised by the court,I need to have my defence in by the 12th Aug but will be away with work until the 12th ironically enough.

I will post it up but basically I have not recieved my CPR request so my defence is going to be based on the following :

 

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

 

Does this seem sufficent ?

[foolishgirl]

It's difficult to assess your defence without having seen the POC but assuming that it is for an unsecured agreement under CCA & that you haven't received docs under CPR31, I would amend slightly as follows:

 

 

In the xxx

County Court

Claim number xxxx

Between

xxxxxxxxxxx- Claimant

 

and

 

FDPM - Defendant

DEFENCE

 

 

1) The defendant neither admits nor denies any allegation made in the claimants Particulars of Claim and put the claimant to strict proof thereof.

2) The claim as pleaded is embarassing to the defendant as it is insufficiently particularised & the courts attention is drawn 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 contract referred to, the method the claimant calculated any outstanding sums due, or any default notices issued or any other matters necessary to substantiate the claimant's claim.

 

b) A copy of the purported contract 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.

 

© The defendant has made a request to the Claimant for disclosure pursuant to Part 31.14 of the Civil Procedure Rules, in particular in relation to the contract referred to by the claimant in these particulars & on which this claim is based. To date the Claimant has failed to respond to this request.

 

3) It is denied that any Default Notice in the prescribed format was ever received and the Defendant puts the Claimant to strict proof that said document in the prescribed format was delivered to the defendant.

4) Service of a default notice is a statutory requirement as laid out in sections 87,88 and 89 Consumer Credit Act 1974. Section 87 makes it clear that a default notice must be served before a creditor can seek to terminate the agreement or demand repayment of sums due to a breach of the agreement. Therefore without proof that a valid default notice was properly served on the Defendant, I suggest the Claimant's case falls flat and cannot proceed and to do so is clearly contrary to the Consumer Credit Act 1974.

 

5) The Claimant’s entitlement to payment of the sum of £xxxx and to interest is denied.

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 matters pleaded, I respectfully request the court give consideration to striking out the claimants case pursuant to CPR 3.4:

(2) The court may strike out a statement of case if it appears to the court -

(a) That the statement of case discloses no reasonable grounds for bringing or defending

(b) That the statement of case is an abuse of the court's process or is otherwise likely to obstruct the just disposal of the proceedings; or

© That there has been a failure to comply with a rule, practice direction or court order.

8) If the court considers it inappropriate to use its case management powers, it is requested that the court order the claimant to produce the original credit agreement, which must comply with the Consumer Credit Act 1974 and the Consumer Credit Agreements Regulations 1983. Without production of the requested documents the case cannot be dealt with justly and fairly, and will severely prejudice my rights to a fair trial as laid out under Article 6 of the Convention rights contained within the Human Rights Act 1998.

 

9) In addition the defendant would request the court to order the claimant to produce a copy of the default notice & disclose a list of all charges made to the account & the costs associated with each charge for the last six years to prove that the debt amounts to the sum claimed.

 

10) Having instigated these proceedings without any legal basis for doing so & having failed to provide sufficient information required under the pre-trial protocols in order to investigate this claim, it is averred that the claimant has acted vexatiously to obstruct proceedings, causing unreasonable stress and worry to the defendant.

 

12) The defendant respectfully asks the permission of the court to amend this defence when the above documents are provided by the claimant.

 

Statement of Truth

I xxxx believe the above statement to be true & factual.

Signed

 

 

Amend here if they are trying to charge you stat. interest & add:

 

The defendant further notes that the claimant seeks to claim statutory interest pursuant to section 69 of the County Courts Act 1984 at the rate of 8% per annum. The defendant notes that the claimant is not entitled to do so and attention is drawn to The County Courts (Interest on Judgment Debts) Order 1991 (No. 1184 (L. 12)) Section 2 (3)(a) which sets out that this is the case as this claim is in relation to a debt regulated by the Consumer Credit Act 1974

Edited July 28, 2009 by foolishgirl
messy fonts

[jj69]

It's difficult to assess your defence without having seen the POC but assuming that it is for an unsecured agreement under CCA & that you haven't received docs under CPR31, I would amend slightly as follows:

 

 

 

 

Amend here if they are trying to charge you stat. interest & add:

 

The defendant further notes that the claimant seeks to claim statutory interest pursuant to section 69 of the County Courts Act 1984 at the rate of 8% per annum. The defendant notes that the claimant is not entitled to do so and attention is drawn to The County Courts (Interest on Judgment Debts) Order 1991 (No. 1184 (L. 12)) Section 2 (3)(a) which sets out that this is the case as this claim is in relation to a debt regulated by the Consumer Credit Act 1974

 

 

Thats the one foolishgirl..thnks

It's an unsecured loan for £10k (12k) with their charges on.Been paying a reduced sum for over a year and they now decide to take it to court.

Did a cpr request on the 21st July and called their solicitors today who confirmed my request had been recieved.

Did the AQ last week so I need to submit it tomorrow as I am away until the 12th and will not get chance later.

[foolishgirl]

It's an unsecured loan for £10k (12k) with their charges on.

 

Have you ever reclaimed the charges? If not, you can do so as a counterclaim - once you get the statements of course!

 

Good luck...

[jj69]

Have you ever reclaimed the charges? If not, you can do so as a counterclaim - once you get the statements of course!

 

Good luck...

 

No not reclaimed them..so I can counter claim once I have the list of charges ? even after submitting my holding defence ?

[foolishgirl]

Yes, you have submitted a holding defence, stating that you wish to submit an amended defence when (or more possibly if!) you receive the docs you need to do so from the claimant so a counterclaim for the charges can be submitted at the same time.

[jj69]

Yes, you have submitted a holding defence, stating that you wish to submit an amended defence when (or more possibly if!) you receive the docs you need to do so from the claimant so a counterclaim for the charges can be submitted at the same time.

 

 

So I can submit a counterlaim at a later date if the court agrees ?

[foolishgirl]

You can do it as part of your amended defence (there may be a fee involved though) or you can submit a seperate claim at a later date; whichever way you will get the fees/costs back.

 

You may want to add a para in your defence to the effect that you request provision for a counterclaim to be submitted when the claimant provides the necessary info.

[car2403]

CPR requires a Counterclaim to be submitted with the defence. If you don't, you need Court permission to Counterclaim at a later stage. (CPR Part 20)

[jj69]

You can do it as part of your amended defence (there may be a fee involved though) or you can submit a seperate claim at a later date; whichever way you will get the fees/costs back.

 

You may want to add a para in your defence to the effect that you request provision for a counterclaim to be submitted when the claimant provides the necessary info.

 

 

Thanks to everybodys assistance on here especially foolishgirl...Been away working for 12 days...just got back home and can't belive it got a letter dated 4th Aug..speedloan have failed to submit court fee so the case has been struck out..

Called court clerk today who confirmed the case has been struck out and it is up to the claimant to set another court date which is dependant on the next district judge.

Where do I go from here ? It's good news for me but the claim is still vaild is it not ?

[car2403]

Usually, but when the Claimant eventually does pay the fee, if they ever do, the Court will simply relist it in the next available hearing slot

[foolishgirl]

Usually, but when the Claimant eventually does pay the fee, if they ever do, the Court will simply relist it in the next available hearing slot

 

Is this correct car? I understood that if the claim was actually struck out after a defence had been submitted (as with jj), the claimant would have to apply to the court for reinstatement giving valid reasons as to why they (in effect) discontinued by their not remitting the fee. (CPR38.7) Surely they couldn't just relist?

 

And could jj not now apply for an official strike out to be recorded under CPR3.5 & then go for costs?

[car2403]

Is this correct car? I understood that if the claim was actually struck out after a defence had been submitted (as with jj), the claimant would have to apply to the court for reinstatement giving valid reasons as to why they (in effect) discontinued by their not remitting the fee. (CPR38.7) Surely they couldn't just relist?

 

And could jj not now apply for an official strike out to be recorded under CPR3.5 & then go for costs?

 

That's what's happened in my experience.

 

In effect the claim is struck out, but can be restarted by applying to set that aside.

 

JJ can apply to have a civil restraint order, saying the claimant can't bring the claim again on the same basis.

 

The issue for the Court is should the claimant be prevented from bringing the claim again, by setting aside the strike out for non-payment of fees, or will that be unjust.

[foolishgirl]

 

JJ can apply to have a civil restraint order, saying the claimant can't bring the claim again on the same basis.

 

The issue for the Court is should the claimant be prevented from bringing the claim again, by setting aside the strike out for non-payment of fees, or will that be unjust.

 

Well I'd have said ' actually very just'! This is supposedly a company well used to submitting court claims, they know the format & the time scales, if they choose not to meet them then woe betide...

 

However, rant aside, as usual then, the devil is in the detail.

 

Did the court send you a copy of the strike out order jj? (If so, did it give the claimant 7 days to dispute it etc?) If not, what did they send you?

[foolishgirl]

Did the court send you a copy of the strike out order jj? (If so, did it give the claimant 7 days to dispute it etc?) If not, what did they send you?

 

Whoops, just re-read your thread jj, noticed Post 134. They WERE given the extra time to submit the AQ & didn't!! Hence the strike out. :)

 

If they try to recomence this claim they are going to need the court's permission & that will only come if they can produce new evidence - that does not mean 'finding' your agreement etc. They should have done that in response to your CPR31.

CPR38.7 - A claimant who discontinues a claim needs the permission of the court to make another claim against the same defendant if –

(a) he discontinued the claim after the defendant filed a defence; and

 

(b) the other claim arises out of facts which are the same or substantially the same as those relating to the discontinued claim.

I would suggest you get your costs claim together asap. You can claim £9.25 per hour for research etc. in addition to postage, photocopying etc. Go for it!

 

And of course, if you want the default removed you could start action on that. No cca, no agreement to process your data, no default validity. Guess it depends on how important it is to you re. your credit rating & how close to the 6 year drop off point.

 

Have a great weekend....