county court claim help please!

[dudley31]

Hi

We received a county court claim form yesterday. The claimant is RBS but signed by Incasso.

I believe this is in regard to a loan we had from Intelligent finance although I cant find anything with the reference number which is stated on the court form.

We do have a copy of the agreement which I assume is enforceable as we have both signed it.

 

I would appreciate any advice on where to go from here on the basis that if it is enforceable then presumably I cant say we're defending it. However we did write to intelligent finance in December saying that we had both lost our jobs (my husband due to redundancy and myself due to long term illness) and offered £1 month on the basis that we were only in receipt of benefits and couldn't afford any more.

We never heard back from them in regard to this.

 

Please could someone advise me on how to proceed with the court form.

Many many thanks:-?:?

[42man]

Hi Dudley....

 

Firstly you need to acknowledge receipt of the claim form which you need to do within 14 days of the date on the claim form. If you wish to defend then state DEFEND ALL (is this through Northampton ?)....you then get a further 14+3 days in which to submit your defence, however as yo umay know the first thing to do if you are defending and don't have all the paperwork quoted in the Particulars Of The Claim then it is usual to send out a CPR31.14 or CPR18 request (this depends on the Particulars Of The Claim) is it possible you can type up what the Particulars are ? but don't be specific with amounts or account numbers....

[42man]

I'll also move this thread to the legal forums too....

[dudley31]

Thanks so much for your fast reply.

It is from Northampton and the particulars of the claim state:

The claimants claim is in respect of monies due under an agreement between the claimant and the defendant, the agreement being regulated by the consumer credit act 1974

and the claimant claims

 

£amount

[42man]

Is that it ? very, very vague......

[42man]

How old is the account ?

[42man]

In the first instance it might be a good idea to send this recorded to the solicitors

 

In the XXXX County Court

Claimant -v- (YOUR NAME)

Claim Number: (CLAIM NUMBER)

 

 

Dear XXX

 

CPR18 - 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).

 

Have a read of this too (especially post number 6 in this thread) - http://www.consumeractiongroup.co.uk/forum/legal-issues/160703-urgent-help-needed-robinson.html

[dudley31]

Thats it as far as the claim particulars and IF it is the loan then its about 5 years ago. However I cant say if it is that as all paperwork I have relating to it does not match (what I assume to be) the reference number on the court paper.

[dudley31]

I'll do that, many thanks again for your fast and helpful advice

[42man]

Just don't miss the deadlines.....if you need help do shout...

[AndyOrch]

I would suspect that this may be on the verge of Statue Barred check your dates Dudley.When was the last payment made to the account?

 

Regards

 

Andy

Edited August 5, 2009 by Andyorch

[dudley31]

I can't say when a payment was made to this as we still haven't received any paperwork which relates to this reference number. i.e we still don't know what it's in regard to.

We requested the info as advised and were informed that 'their client' had sent it, strangely exactly 14 days after we had asked for it. However that paperwork has never arrived.

We filed our defence and have been informed that a copy of this has been sent to the claimant who have 28 days to respond or it will be 'stayed' by the court. In the meantime they may be in touch with us to resolve the matter informally.

Does anyone know what this means please?

Apologies Andy for not seeing and replying to your post before.

[42man]

They will receive your defence, and stay it, withdraw or it will go to Allocation Questionnaire stage.....keep us posted. It might also be worth ringing the court every week to find out what the situation is....

[dudley31]

Thanks again for your quick replies. sorry to be so dense but I don't really understand what a stay means.

[Docman]

Hi Dudley and a belated welcome to CAG.

 

One more item to add to the puzzle - I thought Intelligent Finance was part of HBOS, not RBS which is a different bank.

 

Doc

[dudley31]

So did we Doc. Until they send us any paperwork I can honestly say we have no idea what it relates to!