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madartist

HELP PLEASE!! with County Court Claim Form!!

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HELP !!

I have just received a County court Claim form on behalf of CL Finance for the sum of £183.52 (with court fees & solicitors costs it is now £248.52). It states that there was a

regulated credit agreement between the defendant and Santander Cards UK Limited under reference (long ref no) and assigned to the claimant on the 17th June , 2009 notice of which has been given to the defendant
The claim was sent to my previous address, which I have not lived in for over 18 months. I have no credit agreement with Santander Cards Ltd, whoever they are and I have also not received any notification from CL finance regarding the transfer of any debt from Santander cards to themselves.

How do I respond now?

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Santander cards have taken over a lot of old GE Money store cards. Maybe you jad an account with Monsoon or something like that?

 

You need to respond within 14 days that you will defend the entire amount. That will then give you 28 days to file your defence.

 

It's very straightforward to defend against these sorts of claims.

 

Could you post up the particulars of claim leaving out identifying details?

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Thanks for your quick reply I'm getting a bit worried here

 

Had an account with Dorothy Perkins but only ever used the card twice and thought I'd paid it off. I did wonder if it was my old Abbey account which they had agreed to write off what I owed on the account about 2 years ago. ( I have the letter)

 

The claim particulars are as follows

The Claimants claim is for the sum of 183.52 being monies due from the Defendant to the Claimant under a regulated credit agreement between th Defendant and Santander Cards UK Limited under ref............ and assigned to the Claimant on the 17th June, 2009 notice of which has been given to the Defendant

 

The Defendant has failed to make payment in accordance with the terms of the agreement and a default notice has been served upon Defendant pursuant to section 87(1) of the Consumer Credit Act 1974

 

Pursuant to clause 7 of the agreement, the claimant also claims contractual interest at a rate of 26.478% per annum from the date of these proceedings to the date of judgement, or sooner payment accruing at a daily rate of 0.22

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Also post this off ASAP to CL dont sign and send recorded delivery at the very least.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 acknowledgement of service to the court in which I indicate my intention to contest all of your claim.

 

[Prior to the issue of proceedings I had delivered a request for the production of the agreement mentioned in the Claim Form and on which you rely. That request was ignored][delete if no such request was delivered]

 

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 / the] document(s) mentioned in your Particulars of Claim:

 

1 the assignment*

 

2 the default notice*

 

3 the termination notice*

 

4 statements for the duration of the account including all charges*

 

* delete if not mentioned in the Particulars of claim.

 

[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]#

 

# delete if claim for a sum exceeding £5,000.00

 

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

 

Regards

 

Andy

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Thanks Andy your help is very much appreciated ! At least it will get to the bottom of who I allegedly owe this debt to.

 

Do I send this letter to CL Finance or their solicitors, Howard Cohen & Co?

Can I ask for a copy of the original Credit agreement as this will ascertain who the original agreement was with.

 

Plus I signed no agreement with Santander Cards and had no notification that any agreement I did have would be passed onto them. Can they enforce this?

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Thanks Andy your help is very much appreciated ! At least it will get to the bottom of who I allegedly owe this debt to.

 

Do I send this letter to CL Finance or their solicitors, Howard Cohen & Co?

Can I ask for a copy of the original Credit agreement Yes add it to the list as this will ascertain who the original agreement was with. The Solicitors named on the Summons

 

Plus I signed no agreement with Santander Cards and had no notification that any agreement I did have would be passed onto them. Can they enforce this?

That is why you are requesting details of the assignment.

Just post if you are unsure of anything and keep your eye on the time deadlines.

Regards

Andy


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Hi Madartist

 

I'm just slightly ahead of you with cl finance/ge capital will sub to your thread

 

Good luck

Copier

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Help..I'm trying to respond on line to the Court service website and though I keep entering the correct claim no and the password they have given me I am constantly being told that one of the digits is incorrect & getting locked out. I haven't left the cap locks on either!

 

My OH is beginning to suspect that the documents sent are not genuine. could this be the case?!:(

BTW thanks Copier will sub to your thread to check things out

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If it's a problem, give the court a call and say you're having problems with the website. They should be able to give you advice

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Help..I'm trying to respond on line to the Court service website and though I keep entering the correct claim no and the password they have given me I am constantly being told that one of the digits is incorrect & getting locked out. I haven't left the cap locks on either!

 

My OH is beginning to suspect that the documents sent are not genuine. could this be the case?!:(

BTW thanks Copier will sub to your thread to check things out

 

Hi

 

If the Summons is blue and stamped Northampton they are genuine.

8 figure password and a round frank Northampton in black top right

Try re booting your PC and try again if all else fails as Nicklea states ring Northampton tomorrow and explain your probem

 

Regards

andy


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Hi

Received letter this morning from Howard Cohen in reply to my request for information under Part 31.14 of the Civil Procedure Rules. Their reply is as follows;

moz-screenshot.jpgCohen reply 020709.jpg

Are they correct? I can't defend myself if I don't know who I owe the money to. Should I write back and say that the form does not clearly state who i owe the money to as I've never signed a credit agreement with Santandar cards??

I would very much appreciate any help as to what to do next. I sent the court my acknowledgement of service after giving up trying to get online or phone them.

aargh.feel like I'm banging my head on a brick wall!!

Many thanks

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Hi Madartist

I had the same reply to my request, Not word for word but the same reasoning

I had to send a holding defense with help from R&B & Guzzleguts

I am new to this so watching with interest

Regards

Copier

Edited by Copier

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don't worry, we can do a simple defence that will request that they supply all that info.

 

You also might wish to reply to them and remind them of the point you made in your letter:-

 

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

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Hi

Sorry I've not been in touch. Thanks Copier and Nicklea.

I have just had a reply from the court after drawing their attention to the fact that I cannot get on line to defend my claim. I live in a remote part of Snowdonia so getting access to postal services is difficult particularly as our local post office has closed! Anyway the court cannot assist me and have sent me response forms.

What do i do now with these forms as I do not have a complete defence and am still have no idea as to whom I owe this money to. Sorry to sound so ignorant but 'lawyer speak' leaves me confused and frustrated!

I will write back to the cohens

Many thanks

MAx:confused:

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Copier after reading your thread I have decided to submit a defence (see below) using yours as a template. If anyone else as anything to add please, please let me know

1. I xxxxxxxxx of xxxxxxxxxxxxx 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 claimants Particulars of Claim and put the claimant to strict proof thereof.

 

3. The claimants particulars of claim are vague and fail to disclose any cause of action, they appear to be an abuse of the process in that they fail to deal with the basic rules of pleading in accordance with the CPR even allowing for the constraints of the bulk issue system.

 

4. No documents supporting the claims in the particulars have been offered and despite a request to the claimant for further information under Part 31.14 of the civil Procedure Rules none has been forth coming and as a result I cannot plead in defence to the claim. I have proof of service.

 

 

5. It is neither admitted or denied that any documents in the particulars of claim was ever received and the Defendant puts the Claimant to strict proof that said documents were served to the defendant.

 

 

6. Without clarification of the claimants claim, the defendant is extremely disadvantaged and the claimants claim appears without merit, the defendant asks to be allowed to submit a fully particularised defence should the claimant provide copies of the original documents he will rely upon.

 

 

7. Further to that above 6 paragraphs, the defendant is unable to plead effectively or at all. The defendant is embarrassed.

 

8. As laid out in point 4 the defendant requires that the claimant provide the requested information and proofs and authenticities. The defendant politely requests the court order the claimant to supply the information requested.

 

 

 

Statement of Truth

I believe that the facts stated in this defence are true.

I am the Defendant.

Many thanks

MAx

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The above is fine Madartist

 

Just make sure you get your defence in on time and recieve acknowlegment from Northampton.

 

 

Regards

 

Andy


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Glad it helps

I'm new to all of this so i am currently subscribed to stacks of threads similar to mine keep reading & trying to understand it all, but keeps going over my head & i have had stacks of help from r&b & guzzleguts

it's nice to know your not alone isn't it

Copier

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Hi Copier; Know what you mean re going over your head. The 'lawyer speak' makes my head hurt. I'm sure at the end of it all we'll be experts! I agree it is nice to know you're not on your own, without this site I don't know how I would have coped. The stress alone would have made me ill!! But hey shouldn't let the b******ds grind us down:D MAx

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Ooh & thanks Andy I'm sending the defence & letter to Cohens re their non compliance with the CPR 31 tomorrow via recorded delivery...a 8 mile trek to the nearest post office. I had 30 days from the 22nd June plus an extra 7 for the AOS so have plenty of time. :eek: Fun..my head hurts MAx

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Help please I would be more than grateful..have just received the allocation questionnaire. Am okay with most of the form apart from section G. Do I reiterate what I said in my first defence to Northampton. Cohens still haven't complied with the CPR request, over a month later!

Am on the edge of a breakdown as this is the thin end of our debt problems(failed business etc) and know that i'll have to go through this again. Bankruptcy is looking good though can't even afford to pursue this option!

Help!

MA

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Hi MA

 

Which AQ have you recieved N149/N150? Please try to focus, it can be sorted,lets take each problem one at a time,debt is the last thing you should allow to makes oneself ill over.

 

Regards

 

Andy


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Hi Andy

Thanks so much Andy ..most of the time I can cope with things but today just seems to be an off day!

The AQ is N149 I am presuming that I have to repeat what I said on my previous defence form. Can I also mention that I never took a credit card out with Santander cards..if it was a credit card? Do I also send copies of the correspondence so far with the Cohens?

kind regards

MA

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HI MA

 

 

No dont treat your AQ as a second Defence you need to complete in a manor that will cause the Claimant problems.This is the first document that the DJ will see from both parties and as such should give cause to how the claim will proceed.

When have you to submit by?How much is the claim for (round figure) I will have more time tomorrow to go through it with you.

 

Regards

 

Andy

Edited by Andyorch

We could do with some help from you.

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Hi Andy

Many thanks again for all your help:D

In answer to your questions. The form has to be filed by 7th Sep to my local court & the sum is just under £250 (including costs).

Kind regards

MA

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Hi MA

 

When completing your allocation questionnaire you should try and think through exactly what your

claim will involve including what documents you will need to show to prove your case and what parties

and witnesses will need to be involved and how long you think the final hearing will last.

If you think that you and your opponent may be able to settle the claim by negotiation then you should

try to do so. If you need help and/or consider that mediation, a method of dispute resolution which is

guided by a neutral third party mediator) might achieve more than straightforward negotiation you

should tick the box at Section A on the allocation questionnaire. You will then be offered help by

HM Court Service’s free small claims mediation service.

If possible you should try and agree ‘directions’ for the progress of the case with your opponent or at

least set out yourself what you are seeking. These can be attached to your allocation questionnaire

If you want to try direct negotiation with your opponent but are concerned that the court process does

not allow enough time you can ask the court to include a direction ‘staying’ the proceedings for up to one month while you try to settle

.

 

Ok under G I would advocate something along the lines of:-

The Claimants are deliberately frustrating these proceedings and preventing me from submitting a counter-claim, by refusing to provide information first requested under a Subject Access Request on the xxth xxxxx 2009. They have only partially complied with my request. I have sent letters to the Claimants Solicitors on the xxth xxxxx repsectively, requesting the outstanding information, which has to date not been furnished. I believe this is entirely unreasonable behaviour and I will shortly request an Order from the Court compelling the Claimant's compliance, to enable me to file a counter-claim (attaching copies of any relevence requests)

 

The remainder is fairly easy to complete.

 

Regards

 

Andy

 

 


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 Have we helped you ...?         Please Donate button to the Consumer Action Group The National Consumer Service

 

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