Small Claim Court Help

[FENBOY74]

Hi,

Dont 'no if anybody can give me sum advise or help but just had a claim form from Northampton County Court and the cliamant AA Personal Finance for a loan i had in 2004.

To put a long story short started paying it for a while, job prospects went tits up. they get Blair ,Oliver, Scott on to me so i gave them a CCA request in march 2009. have'nt recieved one as of yet nor a default notice to what it states on the Particulars of Claim all i recieved was a notice of legal action from THE BANK OF SCOTLAND. dont really Know what route to take. HELP PLEASE

[cymruambyth]

Hi, welcome to the club!!!

You need to post the exact details of your POC (minus amounts).

Make sure you keep to the timescales so that they do not get a result by default.

You can follow the instructions to acknowledge service online (AOS), you have 5 days to do this. If you are defending the whole claim, tick the box. You will then have 28 days to file your defence.

In the meantime you need to send a CPR 31.14 to BOS requesting copies of the documents mentioned in the POC. Remember do not sign and send RD or SD.

This link explains why you should send this request and gives an example of the letter.

http://www.consumeractiongroup.co.uk/forum/legal-issues/159445-getting-them-reveal-their.html

Then post any reply you get minus personal details for further help.

If you have no response, your best option may then be for an 'embarrassed defence' when you have no documents on which to base your defence.

Good luck

[GhostDebt]

Acknowledge service of the claim, stating defend in full and send the CPR request letter to them in the first instance as suggested by cymruambyth.

[FENBOY74]

Hi and thanks,

 

The POC as its written.

 

The claimant's claim is for ****.** presently due pursuant to a agreement enterd into by both parties, full particulars of which have been supplied hitherto.

By an agreement dated **/**/2004 the Defendant has an account number ************* with the claimant. the defendant has failed or delayed to adhere to the term of the Default Notice issued by the Claimant under the term of the Consumer Credit Act 1974. The balance due as at **/**/2009 on said account is ****.**.

 

Ther is only a Court fee to pay and no solicitors cost so i asumme that AA personal Finace are not useing no solicitor.

[GhostDebt]

Right,

If they are the original creditor, we need to get the Default Notice as Assignment doesn't come into it and the agreement.

 

Did you find the CPR letter?

 

Have you sent it? remember recorded delivery (proof of postage and recepit), and don't sign it.

 

Regards

[FENBOY74]

Hi,

Yes sent the CPR this morning recoarded delivery. Is there a time limit for them to reply?.

As soon as i get any more info there will be posted on here asap.

Thanx..

[cymruambyth]

Did you put a time limit eg 7 days on your 31.14 request?

[FENBOY74]

Hi,

Well Ive Given Them More Than 7 Days And Nothing Has Arrived So I Suppose Now I Have Got To Put A Defence Together But I Hav'nt Got A Clue Were To Start.

 

I Also Hav'nt Heard Anything From The County Court. Which I Thought I Would Have Done.

[GhostDebt]

Hello Fenboy,

 

If you do not have any information from them, you will need to submit an embarressed defence.

 

Please confirm the date on the claim form and the date by which the defence needs to be submitted.

 

There are several defence examples on the forum you can use which you will have to edit to suit your circumstances.

 

If you struggle finding one post again and we will see what we can find for you.

 

Regards

[FENBOY74]

Hi

the date on the claim form is 26 sept 2009 so by what ive read on this site I have got 33 days for me to put a defence together and submit it by that date ?.

 

I shall have a surf around to see what i can find on the Embarressed Defence route.

[GhostDebt]

ok, just wanted to check because its very important you stick to the dates, even if they don't. So your defence needs to be in no later than the 29th, even allowing for the postal disputes.

Any probs post up and we'll see what we can sort out and you should get some further comments as well.

 

Regards

[cymruambyth]

Hi this is an embarrassed defence that I have used. As it is less than 8000 characters it can be submitted online.

 

1. I, XXXX of XXXXX make this statement as my defence to the claim brought by XXXXX.

 

2. The claimant’s 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.

 

3. No documents supporting the claims in the particulars have been offered and despite two requests to the claimant for further information via CPR 31.14 dated XXX 2009 and XXXX 2009, both sent by recorded delivery, none has been forthcoming and as a result I cannot plead in defence to the claim.

 

4. Without clarification of the claimant’s claim, the defendant is extremely disadvantaged and as the claimant’s 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.

 

5. Further to the above 4 paragraphs, the defendant is unable to plead effectively or at all. The defendant is embarrassed.

Statement of truth

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

I am the Defendant.

 

Signed:

 

XXXX

XXXX 2009

Edited October 22, 2009 by cymruambyth
fonts

[FENBOY74]

Hi, and thanks thanks that is really good. I was getting sore eyes looking at all the threads on CAG and writing notes down.

i just cant believe that sum of these cases on here take months to get resolved if not atall.but thanks again keep you informed as ive just got a letter from cabot to say they have just brought my egg credit card debt in which i cca capquest at the begining of the year and not heard a thing untill now.

 

Thanks

[GhostDebt]

Hello Fenboy.

As I understand it the claimant is AA personal finance is this correct?

Does this claim relate to the Egg account, which you now say has been bought by Cabot?

 

Please confirm.

 

Regards

[FENBOY74]

Hi,

No sorry if i misled you, the egg account is a different debt headache for Me to solve. AA finance are the ones that have put me in the small claims court.

 

Thanks

[GhostDebt]

OK.

Cymruambyth has posted up an embarressed defence.

Edit to suit your own case and then post back up here for comments before sending it.

 

Just keep an eye on your dates.

 

Regards

[GhostDebt]

I think your defence needs to be submitted by the 28th/29th oct will you have it sorted by then?

 

Regards

[FENBOY74]

Hi All,

Got a stinkin cold and feel like crap. Recieved a letter from the AA Finance ( NOTICE OF ARREARS ), which has got like a statement af due instalments and interest dated from 16/04/2009 to 01/10/2009 ant to me this is not what i requested as it states the AA is required to do this.

I have put the defence together using the embarressed post.

 

 

DEFENCE

 

 

 

CLAIM NO: ********

 

BETWEEN:

 

AA PERSONAL FINANCE LIMITED

 

 

CLAIMANT

 

 

 

AND

 

 

 

********** *****

 

 

DEFENDANT

 

 

 

1. I, ******** ***** of ** ******* ********, *******,*****,**** *** make this statement as my defence to the claim brought by AA PERSONAL FINANCE LTD.

 

2. The claimant’s 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.

 

3. No documents supporting the claims in the particulars have been offered to Myself and despite two requests to the claimant for further information via a Consumer Credit Act Agreement request dated 15/03/2009 and a CPR 31.14 dated 04/10/2009, both sent by Royal Mail recorded delivery, none has been received nor forthcoming and as a result I cannot plead in defence to the claim.

 

4. Without clarification of the claimant’s claim, the defendant (Myself) is extremely disadvantaged and as the claimant’s 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.

 

5. Further to the above 4 paragraphs, the defendant is unable to plead effectively or at all. The defendant is embarrassed.

 

Statement of truth

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

I am the Defendant.

 

Signed:

 

******** *****

 

i have changed a few words here and ther but any feed back would be great.

 

thanks again

[GhostDebt]

Hello Fenboy

 

Have changed one of the paragraphs as below.

 

3. No documents supporting the claims in the particulars have been offered to Myself and despite two requests to the claimant for further information via a Consumer Credit Act Agreement request dated 15/03/2009 and a CPR 31.14 request dated 04/10/2009, both sent by Royal Mail recorded delivery, no response has been received nor forthcoming and as a result I cannot plead in defence to the claim.

(Copies of correspondence attached).

I would also make a reference to the documents you want to see as well, so it makes it clearer what information you require.

 

Regards

[FENBOY74]

Thanks Ghostdebt,

 

when you say documents i request to see how about this i found while raving a read through.

 

. The courts attention is drawn to the fact that the without disclosure of the requested documentation pursuant to the Civil Procedure Rules I have not yet had the opportunity to asses if the documentation the claimant claims to be relying upon to bring this action even contains the prescribed terms required in Consumer Credit (Agreements) Regulations 1983 (SI 1983/1553) which was amended by Consumer Credit (Agreements) (Amendment) Regulations 2004 (SI2004/1482). The prescribed terms referred to are contained in schedule 6 column 2 of the Consumer Credit (Agreements) Regulations 1983 (SI 1983/1553) and are inter alia: - A term stating the credit limit or the manner in which it will be determined or that there is no credit limit, A term stating the rate of any interest on the credit to be provided under the agreement and A term stating how the debtor is to discharge his obligations under the agreement to make the repayments, which may be expressed by reference to a combination of any of the following--

 

 

 

1. Number of repayments;

2.Amount of repayments;

3.Frequency and timing of repayments;

4.Dates of repayments;

5.The manner in which any of the above may be determined; or in any other way, and any power of the creditor to vary what are payable

 

i think if i edit this to suit it covers most.

 

thanks

[GhostDebt]

That mainly refers to agreements, but also you would be looking for termination notice, default notice and if applicable, notice of assignment and deed of assignment (where the claimant is not the original creditor).

 

Regards

[FENBOY74]

HI ALL,

 

GOT A RESPONE FROM THE BANK OF SCOTLAND AND IN IT WAS A STATEMENT OF ALL PAYMENTS MADE BY ME, A COPY OF A DEFAULT NOTICE BUT I CANT REMEMBER THIS AND IVE ALSO GOT WHAT LOOKS LIKE A CREDIT AGREEMENT WITH A SIGNATURE ON IT BY ME.

 

IVE PUT THEM ON HERE BUT I DONT NO IF IVE DONE IN RIGHT..

 

http://i629.photobucket.com/albums/uu13/fenfencing74/AADOC2.jpg

http://i629.photobucket.com/albums/uu13/fenfencing74/AADOC3.jpg

http://i629.photobucket.com/albums/uu13/fenfencing74/AADOC1.jpg

 

SO ARE THESE DOCUMENTS CORRECT TO WHAT IVE REQUESTED.

REGARDS

FENBOY74

Edited November 12, 2009 by FENBOY74

[GhostDebt]

Hi Fenboy.

 

You need to edit the DN as your personal details are still visible through the highlighting. (Maybe the other docs as well)

The DN might be defective as the dates are a bit tight so you will need to check the regs to confirm (In 2005 7 days to remedy was allowed) but the postage time doesn't add up.

 

Regards

[FENBOY74]

HI,

THANKS GHOSTDEBT FOR THE INFO AND ALL HAS BEEN REPLACED, I WILL LOOK IN TO THE REGS.

WHAT I CANT UNDERSTAND IS WHY SEND THE DOCUMENTS NOW THAT I REQUESTED IN MARCH 2009, TO ME THERE BEING SNEAKY BA**AR**.

I WILL ALSO HAVE TO SEE IF THIS AGREEMANT IS ENFORCABLE BECAUSE IF IT IS THE DEFENCE IVE DONE MAKES ME LOOK A T**t AT THE END OF THE DAY

 

http://i629.photobucket.com/albums/uu13/fenfencing74/AADOC1.jpg

http://i629.photobucket.com/albums/uu13/fenfencing74/AADOC2.jpg

http://i629.photobucket.com/albums/uu13/fenfencing74/AADOC3.jpg

 

REGARDS

FENBOY74

[FENBOY74]

Hi

Well Ive Been To Court And Judgement Was Against Me, I Put A Defence Together And Went Down The Route Of The Default Notice Not Being Valid But Due To Being Unable To Attend The Hearing And Told Them This. I Dont No What Was Said Do I Have A Right To See What Was Saidas All Ive Got Is A Paper Saying Judgement Was Made Against Me.......