HSBC solicitors northampton claim -help pls

[angel_1]

hiya all

 

well i need your help but after reading a few threads ive gone a bit dizzy,

 

but hope ive got this right

 

i have 33 days from the date of court issue , understand that includes 5 days for service but i got mine actually next day after date of issue

 

also then i have 14 days to send my acknowledgement which i intend to fully defend

 

then a 14 days to put in my defence?

 

Now that its over 5000 also its a higher track, so i can send the solicitor A cpr 31.14 request, i guess i should send recorded 1st class or better still maybe Special Delivery Next Day? or could i send just Special Delivery?

 

seen a few letters but asking for different things so would to be sure of the correct letter to go Appreciate anyone added the correct letter to send please

 

*******

the claim they have sent states, -

 

Claimant claim is for the balance outstanding under a credit card agreement.

The defendant has failed to make payment of the arrears of instalments as required by the Statutory Default notice served by the claimant

 

Claimant claims xxxxxx (a figure heaps over 5000)

 

interest pursant to section 69 of the county court act 1984 at 8% per annum from teh date at a daily rate of 1.35 to the date of judgement or sooner payment

 

*****

 

so understand i can go to moneyclaim online and firstly just acknowledge it but then ensuring i do get a reply to the cpr letter and what if i dont in time to enter my defence? understand there is a something called An Embarrased Defense?

 

anyway i hope to hear from you all in one way or another - i think i got a default notice and unsure if i got a termination letter, surely i should have had a termination letter if they have persued it to legal stage now do you all think?

Will look tomorrow and update here my findings.

 

thanks for your help cheers for now laters angel x

Edited August 11, 2009 by angel_1

[Trudy B]

Hi Angel1

 

it's a bit long but you could try looking through my thread

 

http://www.consumeractiongroup.co.uk/forum/legal-issues/200609-cabot-court-case.html

 

I recieved a claim, acknolwdged it and then sent a CPR31.14 as suggested by fab people on this site. I just sent by recorded delviery which should be more than sufficient and I have printed off the proof of reciept.

 

As the extra 14 days ran out and no response from sols so I sent the embarrassed defence.

 

Check tyour POC and my thread - from memory on mine the guys here said they are not entitled to claim s69 interest

 

All again ignored and we have just submitted allocation questionnaires and I have put in a draft order for directions due to non compliance with CPR31.14 ...... they have not repsonded 'cos the documents they have are pants!

 

Hope this helps but you will see various members who have helped and are fab!

 

T

[angel_1]

:-)many thanks Trudy

 

have subbed to your linked thread, will pm you if you are around now

 

cheers for responding truely appreciated

 

laters angel x

[angel_1]

so i now know what to do, and will get it sorted at the weekend

 

plenty of time and ta to all for looking in

 

laters angel x

Edited August 11, 2009 by angel_1
found info now

[angel_1]

hiya all

 

okay will stick the original script - since i have plenty of time anyway

 

so understand now will have to come back for further help in a week

 

will check in laters ta for now angel x:-)

Edited August 11, 2009 by angel_1

[slick132]

Hi Angel - looking in as asked.

 

So we have the right info here, can you post up any credit agreement they sent you and the DN.

 

Are there any unclaimed penalty charges included in the amount claimed and in the amount on the DN.

 

Who is taking the court action on behalf of HSBC.

 

Are you sorted as regards acknowledging the claim, which at this stage, you'll say you'll defend in full. This should be done now.

 

I know you're going away but will you be back in time to enter the "embarassed" defence. Have you found this yet. This should suffice until they reply to your CPR 31.14 request.

 

You should read this about CPR 31.14 - http://www.consumeractiongroup.co.uk/forum/legal-issues/159445-getting-them-reveal-their.html Then send off your request for info.

[willow1261]

Hi Angel,

 

Glad you are back and fighting.

 

Do what Trudy B says. Acknowledge online and send CPR letter to D and G sols. They are playing silly buggers at the moment and are sending letters back asking for signatures if letters are unsigned. Its a delaying tactic, which you dont really need at this stage, so I would sign your name differently on debt letters, so you can identify your DEBT signature!!

 

Currently beating MBNA/ RESTONS through the courts at the moment. for a friend. She has 4 accounts going through the process at the moment. I swear Restons didnt read any of her defences and just pressed a button to send them fast track. It is going to cost them 4 x £250 wasted costs as they cant hope to win. Judge is going to strike out the cases on Friday if Restons do not respond by then.:D:D:D:D

 

Be aware that banks/ solicitors are not giving up so easily now giving the current climate. They hope that making the case a longer drawn out process that you will slip up ,or not defend ,or just be intimadated enough to give up. Then they get the CCJ by default.

 

Dont let this happen!!! MAke sure you get all papers to the court in good time.

 

GL PM me if you need me.

 

Willow xx:p

[the_shadow]

Something to file away for the defence(proper one ) if it gets that far...

 

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

 

S.

[slick132]

Just to confirm, PM rec'd from OP saying "off on hols for break".

 

I'm sure the claim has been acknowledged and Angel will d/w the Defence as nec'y when back from break.

 

[angel_1]

hello all huge thanks for all your help guys

 

am back and have acknowledged claim to defend in full - did this online

 

hope i did it all correctly i did call the court there and took advice too before i confirmed online

 

did send the cpr 14 letter and have checked was received and signed for

 

but no reply as yet

 

need to get in defense within few days and thus i think the embarrased defence will have to be used if i dont get anything today or latest tomorrow as last day tomorrow

 

gone out on holiday with laryngitis and come back with ear infection thus on antibiotics again!!!! arghhhh

 

so am going to read up on the links given by you all in the meantim am at home all day today and apart from around lunchtime off to have eyes tested will be here

 

will also update you if i get anything in the post today too

 

cheers for your help will also pm all of you who have so far responded to alert you im back cheers angel x:)

[the_shadow]

 

 

cheers for your help will also pm all of you who have so far responded to alert you im back cheers angel x:)

 

No need to PM, everybody who has commented is now subscribed to this thread and gets updates

 

If you need the embarressed defence posted up shout and someone will oblige

 

S.

[angel_1]

hiya the shadow

 

many thanks i understand now

 

its looking like a embarrased defense that i may need as they had 7 days and its past that now and thus am wanting to send in

 

am looking at what i can currently find in what slick has asked for earlier now

 

will scan up once found cheers laters angel x

Edited September 4, 2009 by angel_1

[citizenB]

Have brought forward the Particulars of Claim as follows:

the claim they have sent states, -

 

Claimant claim is for the balance outstanding under a credit card agreement.

The defendant has failed to make payment of the arrears of instalments as required by the Statutory Default notice served by the claimant

 

Claimant claims xxxxxx (a figure heaps over 5000)

 

interest pursant to section 69 of the county court act 1984 at 8% per annum from teh date at a daily rate of 1.35 to the date of judgement or sooner payment

Embarrassed defence.

 

Defence

 

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. The Defendant is embarrassed in pleading to the Particulars of Claim as it stands at present, inter alia: -

 

3. The Claimants' particulars of claims disclose no legal cause of action and they are embarrassing to the defendant as the claimant's statement of case is insufficiently particularised and does not comply or even attempt to comply with CPR part 16. In this regard I wish to draw the courts attention to the following matters;

 

a) The Particulars of Claim are vague and insufficient and do not disclose an adequate statement of facts relating to or proceeding the alleged cause of action. No particulars are offered in relation to the nature of the written agreement referred to, the method the claimant calculated any outstanding sums due, or any other matters necessary to substantiate the Claimant's claim.

 

b) A copy of the purported written agreement that the Claimant cites in the Particulars of Claim, and which appears to form the basis upon which these proceedings have been brought, has not been served attached to the claim form.

 

c) A copy of any evidence of both the scope and nature of any default, and proof of any amount outstanding on the alleged accounts, has not been served attached to the claim form.

4. On receipt of the claim form the Defendant sent a request for a copy of the agreement which forms the basis of this claim. At the time of filing this defence , the Defendant has received no response to the CPR31.14.

5. The Claimant claims interest pursuant to section 69 of the County Courts Act, 1984 which the Claimant should surely know they are not entitled to by virtue of the County Courts (Interest on Judgment Debts) Order, 1991 (SI 1991 No. 1184 (L. 12)) in particular section 2(3)(a), which clearly prohibits such an award:

 

· The general rule

 

2(3) Interest shall not be payable under this Order where the relevant judgment - (a) is given in proceedings to recover money due under an agreement regulated by the Consumer Credit Act 1974;

 

6. Consequently, I deny all allegations on the Particulars of Claim and put the Claimant to strict proof thereof

 

7. I respectfully request the Court’s permission to submit an amended defence should the Claimant file a fully particularised Particulars of Claim

 

HTH

[slick132]

Hi Angel - see, we all know you're back !! Hope your suntan is better than your ear.

 

Shout if you need owt.

[angel_1]

hello the shadwo, CB and slick further to my latest posting

 

the suntan is much better than the ears -lol

 

nothing in the post today from anyone therefore im happy to send the embarrased defence as i have absolute proof my letter was received by them

 

So on the defence and counterclaim part form, in part 1 - i dispute the full amount claimed as shown

 

part 2 - i tick No to dispute the claim because i have paid it

 

3 Right have i understood correctly that i have to send the embarrassed defense info provided by citizen b and write it on the defense part 3 on the court forms i have received?

 

part 4 - i cannot complete as i do not have the full information ?

 

part 5 - i just sign and give dob and address should i not give a telephone number and email, since its best to correspond all in writing?

 

if ive got the above right will do - just an afterthought, do i have to send registered post, recorded delivery or could i still do this online as the words maybe under the limit online, cheers angel x

Edited September 3, 2009 by angel_1

[citizenB]

Hi angel,

 

Did you get this done onlilne

 

Once you have typed / copied and pasted the defence, you will get the opportunity to print it off. Dont forget to print your receipt as well.

 

You do not need to send the opposition a copy as Northampton will do that for you.

[angel_1]

CB have sent you a pm just on a question i have pls,

 

cheers angel x

[42man]

I don't think you are counterclaiming are you ? If not then don't tick...otherwise you'll have to apply an N244

[angel_1]

I don't think you are counterclaiming are you ? If not then don't tick...otherwise you'll have to apply an N244

 

hiya 42man

 

many thanks ive gone with my gut and thanks for clarification

 

will learn more im sure

 

cheers for getting back to me,,, catch up laters must dash off now

 

angel x:)

[citizenB]

Sorry Angel, I had taken dog out for a walk and left myself logged in:oops:

 

42man has answered your question

[angel_1]

hiya all

 

you will be pleased to know that im finally putting into place a lovely filing system for all my papers,,, lol

 

so i will find documents as requested by slick very soon and will scan up

 

confirmed this week ref my embarassed defense so now i guess wait??

 

do i send out another letter to solicitors reminding them of my cpr request and legally should i actually sign the letter or is it ok to use a Word format type set different than the letter for example Times New Numeral, and use Arial for the letter?

 

or should i perhaps start using the Signguard format ive seen on this site, i will be setting up a paypal account later too

 

cheers angel x

Edited September 8, 2009 by angel_1
put in signguard

[citizenB]

Angel, if Solicitors havent responded to your CPR request and it is outside the time limit you gave them, then yes.. you can send them a reminder

 

You can use the word format signature or better still if you are going to sign up to signguard.. use that..

 

Good luck with your filing system.

[AndyOrch]

Subbing Angel

 

Regards

 

Andy;)

[angel_1]

hiya many thanks CB for confirmation

 

hiya andy - welcome aboard and thank you for subbing too

 

im sure i will adapt a reminder letter but if i get stuck i will shout

 

cheers to all angel x

[angel_1]

hiya all

 

im sorry i have not been well for the past couple of weeks and now trying to recover from a stomach bug that has knocked me out and ive not eaten since tues

 

i wont do into toooooo much detail suffice to say ive not even come online for the past week and even my dd said exclaimed that You must be ill !!!

 

 

so update

 

only had a letter from the northants court to advise my defense was recorded and that the claimant had 28 days to advise further

 

my concern is for whatever reason i did it and i cant fathom why, i put an email address on the online info to contact me with my address, but now i cant remember the password to enter that email account and thus am worried if the claimants are emailing me stuff?? or as the postal strikes may get worse ive not had anything via post yet, should correspondence still be sent to me by normal post even if they should send me email correspondence but i cant read it - should i inform the court i only wish to have correspondence by normal post ??

 

the tabelets will kick in soon im hoping been to docs and i may start to function correctly soon

 

im guessing we have another 10 days for the 28 days and thus im suspecting the claimants sols will leave as late as possible to reply to me as right now i have no idea what i must do next, if anything?? or just wait

 

i promise i will read more tomorrow but i had to strenght to at least type this up today

 

sorry for any garbled points will look in if i can later but for sure tomorrow

 

many thanks again to you all

 

have a sunny day angel x:)