URGENT - COURT FORM RECEIVED sent on 23 July 2009

[gallerygirl]

Hi

I hope you can help. I have been away and have just got back to a court letter sent to me on 23 July 2009 in respect of a debt that Cahoot have sold to Robinson Way. I have been sorting my debts with help from this forum. With respect to this debt, in December 2008 I requested a copy of credit agreement which I received in April 2009 I worte back saying it appeared to not be a true copy, I then had a letter in may saying there were passing onto their solicitors etc, etc. I have to admit I have ignored the letters as my mum was very ill and subsequently died 1 month ago, so with regard to debts, unfortunately I have put my head in the sand and went to stay with my daughter.

 

I believe Cahoot have sold the debt to Robinson Way who have then passed the debt to Horwich Farrelly solicitors. It is for just over £3,500.

 

Help what do I do now, how do I fill in the defence section?

 

You urgent help would be much appreciated.

 

Many thanks

[supasta1]

Hi gallery girl, firstly what you need to do is scan and post your POC and what ever else you have in relation to this account, credit agreement, default notices etc (minus any personal information) and then someone will be able to give you some advice on how to proceed.

 

If you are wanting to defend the claim then it would be best to acknowledge today and then you get a further 14 days to file a defence.

 

I am sure someone else will be along shortly to help you further.

 

Supa

[42man]

Supasta is correct....you need to acknowledge receipt of the claim form within 14 days of the date on the claim form (is it Northampton ?) state that you will defend ALL if that is your intention, but don't submit a defence yet...and you get a further 14+3 days in which to submit the defence. Once we know what the POC's are (Particulars Of Claim) then the next move is to issue a CPR31.14 or CPR18 depending on what the POC's say....post these up but don't be specific with any account numbers or exact amounts....

[gallerygirl]

Many thanks for your info, I didn't realise it could be done online. I have just done that now - thank you.

[42man]

What are the Particulars Of The Claim if I may ask ?

[gallerygirl]

Hi, Many thanks for replying. The particulars of Claim section on the claim form state ... The claimant claims outstanding monies due and payable by the defendant under a credit agreement whereby the defendant agreed to replay with interest the value of the credit obtained.

 

And the claimant claims

 

1. The sum of £3,???

2. Interest pursuant to s69 of the county court at 1984 at the rate of 8% from 29/12/08 to date here of 205 days is the sum of £160.72

3. Future intrerst accruting at the daily rate of .78

4. Costs

........

Any advice is much appreciated,. Thank you

[gallerygirl]

Bump

 

Please help urgently. I did the acknowledgement of service on line. I now need to write the defence and submit online. I think I need to do this today,I am late doing this as my mum died a few weeks ago and I am having to deal with all that too. So am emotional and very busy!. I know I should have attended to this immediately, but I have put my head in the sand a bit. (but it doesn't do away.

 

The court form is dated 23 July and I acknowledged service on 5th August.

 

My defence I think is as follows unless any more can be added.

 

*I have not had a default notice or been defaulted on with the credit reference agencies.

 

* The CCA form was signed and dated by T sawyer before it was signed by me

 

* It was a flexible loan agreement with Cahoot and no credit amount was stated on the CCA.

 

* No terms and conditions on CCA

 

* Two weeks ago I requested all the document from Horwich Farelly so I could prepare my defence - they have sent nothing to me at all.

 

* I requested Deed of Assignment ages ago but has not been sent.

 

Help, help.

 

I don't know how to word my defence (max 8000 words) in the right 'speak' and quoting Acts, etc. etc.

 

BACKGROUND INFO

This was a Flexible loan taken out with Cahoot

 

Taken out January 2004

 

I told cahoot I was struggling to pay and they sent letter in June 2006 saying that they would stop interest and accept monthly payment ot £39 which I paid continuously until I received a letter from Cahoot (Abbey) on In November 2008 saying that they had sold my account to Robinson E

Way and that Abbey no longer own my account and all future contact is with Robinson Way.

 

I then received a letter from Robinson Way in December 2008 saying they had puchased and were wholly responsible for the account and that I should continue with my agreement of £39 and pay them.

 

I then stopped payments and sent a letter to Robinson Way in December 2008 asking for my credit agreement,

 

Robinson Way wrote back and said they would get a copy from Cahoot, they continued now and again to say the account was on hold pending them getting the agreement.

 

They sent me a copy of the agreement in February 2009

 

I then sent letter saying requesting a true signed copy as it was not a clear copy and they ignored that and sent letters asking for payment, which I ignored.

 

Horwich Farrelly wrote to me in June and again in July but at this time my mum was ill and died so I ignored their letters. The July letter stated that it was formal notive that they are issuing a court claim.

 

I then received the court form

 

The credit agreement for the flexible loan does not state the amount of the loan. It was signed by cahoot before it was signed by me.

 

Under the section credit limit it state 'we will tell you from time to time what your flexible loan limit is'.

 

Under the section Interest rates and aprs it states 'the interest rate for withdrawals and balance transfers is a monthly rate of 0.5289%. The APR for withdrawals and balance transfers is 6.5% variable.

 

The APR is calculated on an assumed credit limit of £100.

 

It then says By signing this agreement, you and any joint accoutn applicant confirm you have read and accept the cahoot account terms and conditions, a copy of which are enclosed,. The agreement will only be binding on us when you have signed and returned the agreement to us and we have completed our final checks..........It is then the signature box.

 

I hope you can help please

[StickySituation]

I have to admit limited knowledge here, but I know for sure Robinson Way/Horwich Farrelly are the same people, in fact I beleive they even have the same mailing address

[Dorabell]

Hi galleygirl hopefully someone will be a long soon to help you:) as i am new to court procceedings myself good luck

[gallerygirl]

Bump please

[42man]

OK send this letter recorded delivery to the opposing solicitors....

 

The particluars of the claim are VERY vague....

 

In the XXXX County Court

Claimant -v- (YOUR NAME)

Claim Number: (CLAIM NUMBER)

 

 

Dear XXX

 

CPR 18 - REQUEST FOR INFORMATION

 

I have received a recent court claim from your organisation. In order to file a defence and counter claim I require some information. Given that this matter is now the subject of legal proceedings, you are obliged to disclose under the Civil Procedure Rules, the information and documents detailed below.

 

The information must be furnished within fourteen days of the receipt of this letter. If you fail to comply, this will be reported to the Court, a copy of this letter will be provided as evidence to the same and an Order enforcing your compliance will be sought.

 

1. A true copy of the executed credit agreement and any terms and conditions that applied to the account at the time of default and at the time the account was opened. True copies of any notice of assignment and/or default notice or enforcement notice that you or the original creditor sent me, with a copy of any proof of postage that you hold.

 

 

1.1 If copies of any of the above documents are to be relied on in court rather than originals, a copy of the Notice of proposal to adduce hearsay evidence required under s2(1) of the Civil Evidence Act 1995 together with proof of the authenticity of the document(s) as required under s8(1)(b) of the Act, including but not limited to:

 

(a) a copy of the procedure(s) used for copying, storing and retrieving documents

(b) a copy of the relevant log entry showing the time and date of the scan or copy, the name of the member of staff making the copy, the method used for copying, storage and retrieval and time and date of destruction of the original document(s)

© copies of internal and external audit reports covering the entire period from the date of the copy to the present to demonstrate that the procedures have been complied with

(d) copies of Quality Assurance accreditation certificates covering the entire period from the date of the copy to the present to demonstrate that the procedure(s) and audit process(es) comply with the appropriate quality standards

 

2. All records you hold on me relevant to this case, including but not limited to:

 

a. Transcriptions of all telephone conversations recorded and any notes made in relation to telephone conversations by your company, or by any previous creditor

b. Where there has been any event in my account history over this period which has required manual intervention by any person, I require disclosure of any indication or notes which have either caused or resulted in that manual intervention, or other evidence of that manual intervention in relation to my account formerly held with *********.(AMEND TO THE COMPANY NAME)

c. .Documents relating to any insurance added to the account, including the insurance contract and terms and conditions, date it was added and deleted (if applicable).

d. Details of any collection charge added to the account; specifically, the date it was levied, the amount of the charge, a detailed financial breakdown of how the charge was calculated, and what the charge covers.

e. Specific details of the fees/charges levied by any other agency in respect of this account and a detailed breakdown of said fees/charges and what each charge relates to and on what date said fees/charges were levied.

f. A genuine copy of any notice of fair use of my data as required by the Data Protection Act 1998

g. A list of third party agencies to whom you have disclosed my personal data and a summary of the nature of the information you have disclosed.

h. Copies of statements for the entire duration of the credit agreement.

 

3. Any other documents you seek to rely on in court.

 

 

I will require this information within the next fourteen days. I must advise you that if the information is not forthcoming, it will be reported to the Court that you are trying to frustrate proceedings and denying me the opportunity to file a defence and counter claim.

 

Yours sincerely,

 

XXXX (type, don't sign).

[42man]

For your defence how about something like this...IS the claimant Robinson Way ? - look here - http://www.consumeractiongroup.co.uk/forum/legal-issues/160703-urgent-help-needed-robinson.html#post1721582

 

1 The Particulars of Claim neglect to disclose a cause of action.

2 If the Claimant claims payment of outstanding monies due from the Defendant under a contract made between the Claimant and the Defendant, the Defendant denies the formation of such a contract.

 

I BELIEVE THAT THE CONTENTS OF THIS DEFENCE ARE TRUE.

 

Signed:

 

Dated:

[42man]

You've never had an agreement with Robinson Way !!!!

[42man]

Or possibly this one - http://www.consumeractiongroup.co.uk/forum/legal-issues/167353-help-court-claim-howard-2.html

[gallerygirl]

Hi all

 

Many thanks for the help received so far, it has now progressed and I have received an AQ from Northamton Bulk Centre that mentions the case is being transferred to a county court.

 

When I received the form from the Bulk centre I submitted my defence. I also sent a CPR to Horwich Farelly to which they responded that I should Subject Access Request them. I didn't as they should have responded to my CPR. They have also never issued a default notice.

 

The AQ is due to be in on 5 October, so I am working on this now. I am late dealing with all this stuff as I am also trying to deal with the issues surrounding mum who died at the end of June. e.g. Virgin media trying to claim ahead for services that they cancelled when I told them mum had died, they have now passed it to Moorcroft, who just sent a letter addressed to my mum saying they would take her to court !!!!!

 

Anyway, I hope someone can help with my AQ

[42man]

Some AQ links here is it 150 or 149 ?

 

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/161188-allocation-questionnaire-urgent-help.html

 

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

 

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

 

http://www.consumeractiongroup.co.uk/forum/legal-issues/170982-dreaded-court-claim-came-4.html#post1966689

[gallerygirl]

Thank you

 

Its an N149 - what does that mean? please