county court judgement pending

[ncf355]

This looks like a very typical HC/CL claim, about as much solid substance as H2O!

 

It annoys me that they are constantly allowed to get away with filing such pathetic particulars, when this is a direct breach of CPR

 

They also abuse the rule that states the agreement copies dont have to be attached to Moneyclaim online claims - I have never understood this and feel it should made clearer with something like "but once a defence is filed and court is allocated, all paperwork must be filed and served"

 

As for the stay mentioned by the court, you would be well within your rights to apply for an order from the court ordering HC/CL to supply the documents on which its claim is based (agreement, assignment, default notice) via an "unless" order -

 

"Unless the Claimant files and serves upon the Defendant X, X and X documents by X date his claim shall stand struck out and Defendant will be at liberty without further order to request wasted costs, with such costs to be assesed at hearing if not agreed"

 

The above would be the content of a "draft" order attached to your application and you would remind the court again of:

 

1) The requirements under Section 127 of the Consumer Credit Act 1974 for a valid agreement containing prescribed terms, without which the debt is unenforceable

 

2) The requirement for the Claimant to hold a legally valid deed of assignment under Section 136 of the property act 1925 with proof of delivery upon them by the original creditor as required by Section 196 of the same act (without this they have no lawful right to sue)

 

3) The requirement for the Claimant to show a copy of the default notice served upon you, together with proof of delivery (again, without this they have no lawful right of action)

[jobymartin]

hi

many thanks for all the advice without all the people on this

forum then the likes of my self and other people that struggle with

legal stuff would not have a chance to stand up to the banks etc

i will see what comes back and post it if for any reason nothing comes back inside the 28 days what would be the next move

 

thanks

[foolishgirl]

Application for an order to produce the info as per ncf's post above with an 'unless' strike out of claim. You use an N244 form.

Edited June 9, 2009 by foolishgirl
additional info

[jobymartin]

hi

just an update i recieved the letter from the court on 4th june

saying they served my defence on cl finance they said they had 28

days to respond i have heard nothing could some one help with the

next move or draft letter to send i would have thought cl finance would

have responded by now if they were confident on what they had

 

thanks joby

[foolishgirl]

hi

just an update i recieved the letter from the court on 4th june

saying they served my defence on cl finance they said they had 28

days to respond i have heard nothing could some one help with the

next move or draft letter to send i would have thought cl finance would

have responded by now if they were confident on what they had

 

thanks joby

 

Sounds as though it may be time to call 'come in CL wherever you are or go away'!

 

Suggest you phone the court on Monday & ask if a response has been forthcoming. If not I think it's time to issue the N244 for an 'unless' order as ncf's post above. If you need help in compiling this, shout..

[jobymartin]

hi

just recieved a respones from the court with a allocation questionnaire so i take it cl finance are going to court they still

did not respond to my cpr request for the documents so i would think

they will produce these in court any help in the way forward and strength

of defence

 

thanks joby

[42man]

Hi JM.....is it a 149 or a 150 ? Here are some other links which wshould help you.....you could possibly apply for a strike out via N244 for them not having responded to your CPR also...

 

http://www.consumeractiongroup.co.uk/forum/dca-legal-successes/159341-court-papers-received-what-6.html

 

http://www.consumeractiongroup.co.uk/forum/legal-issues/131499-directions-n150-n149-allocation.html

 

http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/121975-link-financial-county-court-2.html#post1385509

 

http://www.consumeractiongroup.co.uk/forum/legal-issues/175566-upto-eyeballs-cl-finance-2.html#post1916595

[jobymartin]

hi

thanks for your reply it is a 150

 

thanks joby