littlewoods counter claim

[the_shadow]

Can you enlarge the scan please, cant really make out the details of the claim from that.

 

S.

[the_shadow]

Hmmm, he's not claiming this to be under the CCA1974?????

 

When did you open the account? Did you apply online or sign a piece of paper at all?

 

Have any DCA's been involved or is this Bryan Carter working on behalf of Littlewoods?

 

S.

[the_shadow]

Ok, you need information to supply a defence or counterclaim and to this end I think you need to send a couple of letters.

 

Dear Sir,

 

Re: (Claimant's name) v (Your name) Case No:

CPR 31.14 Request

 

On (date) I received the Claim Form in this case issued by you out of the (Name) County Court.

 

I confirm having returned my acknowledgment of service to the court in which I indicate my intention to contest all of your claim.

 

Please treat this letter as my request made under CPR 31.14 for the disclosure and the production of a verified and legible copy of each of the following:

 

1 the agreement. You will appreciate that in an ordinary case and by reason of the provisions of CPR PD 16 para 7.3, where a claim is based upon a written agreement, a copy of the contract or documents constituting the agreement should be attached to or served with the particulars of claim and the original(s) should be available at the hearing. Further, that any general conditions incorporated in the contract should also be attached.

 

2 the default notice*

 

3 the termination notice*

 

 

Although your claim is for a sum which is not more than £5,000.00 and will in all likelihood be allocated to the small claims track for determination upon my delivering a defence, at this moment in time I have not delivered my defence and the case has not been allocated to a track. In consequence the provisions of CPR 27(2) are of no effect and you should not seek to avoid compliance with your CPR 31 duties by claiming otherwise

 

You should ensure compliance with your CPR 31 duties and ensure that the document(s) I have requested are copied to and received by me within 7 days of receiving this letter. Your CPR 31 duties extend to making a reasonable and proportionate search for the originals of the documents I have requested, the better for you to be able to verify the document's authenticity and to provide me with a legible copy. Further, where I have requested a copy of a document, the original of which is now in the possession of another person, you will have a right to possession of that document if you have mentioned it in your case. You must take immediate steps to recover and preserve it for the purpose of this case.

 

Where I have mentioned a document and there is in your possession more than one version of that same document owing to a modification, obliteration or other marking or feature, each version will be a separate document and you must provide a copy of each version of it to me. Your obligations extend to making a reasonable and proportionate search for any version(s) to include an obligation to recover and preserve such version(s) which are now in the possession of a third party.

 

In accordance with CPR 31.15© I undertake to be responsible for your reasonable copying costs incurred in complying with this CPR 31.14 request.

 

If you require more time in which to comply with this request you must tell me in writing. You must tell me before the time for compliance with this request has expired. In telling me you require more time you must tell me what steps you have taken and propose to take in order to comply with this request and also state a date by when you will comply with this request. In addition your statement must be accompanied with a statement that you agree to an extension of the time for me to file my defence. Your extension of time must be not less than 14 days from the date when you say you will have complied with my request and you must state the new date for filing my defence.

 

If you are unable to comply with this request and believe that you will never be able to comply with this request you must tell me in writing.

 

Please note that if you should fail to comply with this request, fail to request more time or fail to agree to an extension of time for the filing of my defence, I will make an application to the court for an order that the proceedings be struck out or stayed for non-compliance and a summary costs order.

 

I do hope this will not be necessary and look forward to hearing from you.

 

yours faithfully

That goes to the solicitors (the infamous Mr Bryan Carter )

 

 

and then I think you need to get a CCA request into Littlewoods:-

http://www.consumerforums.com/resources/templates-library/86-debt-collectors/581-cca-request-letter

 

Take out the red text referencing DCA as your sending this direct to Littlewoods and print name/dont sign and include a £1 postal order.

 

SEND BOTH LETTERS RECORDED DELIVERY

 

You probably wont get a response from Mr Carter, also the CCA response will be more than likely a fob off letter but the fact you've sent them means it adds to a holding defence. The letter to Carter is asking for a response in 7 days, the CCA is 12+2 working days.

 

You have 28 days from date of service if you've acknowledged to file your defence.

 

S.

[the_shadow]

eek, didnt realise it was so close to the timetables

 

PT has given you the advice there to go for a summary judgment based on the POCs being vague and Mr Carters/Littlewoods lack of understanding of the CCA1974 I believe.

 

If you get that application for a SJ in you wont have to file a defence, everything stops for the summary judgment hearing or Mr carter discontinuing prior to the SJ hearing.

 

But you've obviously only got a couple of days to get that application in.

 

S.

[the_shadow]

Mattie10

 

Defence PT is referring to below, you'll need to adapt it to suit yourself :-

 

1. it is admitted that the Defendant held an account with the Claimant

 

2. the account was a consumer credit account and was running account credit as defined within s10 Consumer Credit Act 1974.

 

3.It is denied that the agreement under which the account operated is enforceable against the Defendant for the reasons set out herein

 

4. the Claimant failed to provide the Defendant with a credit agreement before credit was extended and todate the Defendant has not signed a credit agreement with the Claimant therefore section 61(1) Consumer Credit Act 1974 was never complied with and any agreement is improperly executed as defined by s65(1) CCA 1974 , if the Claimant rejects this contention then the Claimant is put to strict proof of the signed credit agreement which complies with the Consumer Credit Act 1974

 

5. according to section 127 (3) Consumer Credit Act 1974 The court shall not make an enforcement order under section 65(1) if section 61(1)(a)(signing of agreements) was not complied with unless a document (whether or not in the prescribed form and complying with regulations under section 60(1)) itself containing all the prescribed terms of the agreement was signed by the debtor or hirer (whether or not in the prescribed manner).

 

6. therefore, as defined within s127, the agreement is unenforceable and the Claimants claim should fail accordingly

 

7. the Claimant appears to contend that the Defendant has been unjustly enriched. the Defendant denies this is the case and recites paragraph 5 above. in addition the Defendant refers to Para 46-50 of Lord Nichols of Birkenheads Judgment in Wilson and First County Trust [2003]UKHL 40

 

 

8 . The Defendant asks that the court exercise its powers under CPR 3.4(2) and strike out the Claimants claim as it discloses no reasonable grounds for bringing the claim and has no prospect of success at trial

[the_shadow]

Ooo forgot this..

 

8. It is denied that the claimant may claim interest under the County Courts Act 1984 S69 as the purported agreement is a regulated agreement regulated by the Consumer Credit Act 1974 and the County Courts (Interest on Judgment Debts) Order 1991 (No. 1184 (L. 12)) section 2(3) states this may not be claimed

 

 

 

Obviously 8 becomes 9 now.

 

S.