Pumpytums goes to Northampton Help Please!

[pumpytums]

Thanks Guys,

I was thinking something like this :- (from creditcardmug reply to Mr happy Thanks)

 

In the xxxxxxxx County Court

Claim number

 

Between

 

 

xxxxxxxxxxx- Claimant

 

 

and

 

 

 

 

xxxxxxxxxxxx- Defendant

 

 

 

 

 

 

 

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.

 

d) A copy of any termination notice, on the alleged account, has not been served attached to the claim form.

 

e) A copy of any notice of assignment, on the alleged account and proof of original service of said assignment to the defendant, has not been served attached to the claim form.

4. Consequently, I deny all allegations on the particulars of claim and put the claimant to strict proof thereof

 

5. I respectfully request the courts permission to submit an amended defence should the claimant file a fully particularised Particulars of Claim

 

Statement of Truth

 

 

I xxxxxxxxxxx, believe the above statement to be true and factual

 

 

Signed .....................

 

Date

 

 

Can this be filed on-line?

Also my defence has to be in by date of claim +5 +28 days?

I believe it will come after Christmas.

 

My CPR's are now received, If they partially respond will I have to amend my defence? or is all or nothing?

 

Once my defence is filed within the 28 days (Acknowledgement of claim ) will the claimant then have a set amount of time to change their claim?

 

Should I mention about the termination letter and letter of assignment too?

 

Thanks for all your help.

 

Pumpytums

Edited December 8, 2009 by pumpytums

[MandM]

Hi P.

 

 

 

Can this be filed on-line? Pretty sure i've done one on-line

Also my defence has to be in by date of claim +5 +28 days? All as the instructions

I believe it will come after Christmas.

 

My CPR's are now received, If they partially respond will I have to amend my defence? or is all or nothing? See what's missing then decide

 

Once my defence is filed within the 28 days (Acknowledgement of claim ) will the claimant then have a set amount of time to change their claim? The court will write and let them know a defence has been filed. AQs will follow a few weeks later from your local court. Don't think they can just change their POCs - i'm sure someone will advise further.

 

Should I mention about the termination letter and letter of assignment too? LOS yes

 

Thanks for all your help.

 

Pumpytums

 

M

Edited December 8, 2009 by MandM
added a bit

[pumpytums]

OK added some extra info to my embarrassed defence (in red) does that sound OK?

 

Pumpytums

[MandM]

OK added some extra info to my embarrassed defence (in red) does that sound OK?

 

Pumpytums

 

Looks OK to me. Leave it up for further opinions,

 

Hope you're well

 

M

[pumpytums]

I'm fine thanks mate,

thanks for your help are you holding up ok?

 

Cheers

 

Pumpytums

[MandM]

I'm fine thanks mate,

thanks for your help are you holding up ok?

 

Cheers

 

Pumpytums

 

Good thanks,

 

Just bumping ya

 

If anyone of our more knowledgeable chaps would be so kind as to give an opinion on the letter in post 26 above it would be much appreciated

 

M

[hungrybear]

Thanks Guys,

I was thinking something like this :- (from creditcardmug reply to Mr happy Thanks)

 

In the xxxxxxxx County Court

Claim number

 

Between

 

 

xxxxxxxxxxx- Claimant

 

 

and

 

 

 

 

xxxxxxxxxxxx- Defendant

 

 

 

 

 

 

 

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.

 

d) A copy of any termination notice served under section 76 and/or section 98 of the CCA, on the alleged account, has not been served attached to the claim form.

 

e) A copy of any notice of assignment compliant with the provisions of the Law of Property Act 1925, on the alleged account and proof of original service of said assignment to the defendant, has not been served attached to the claim form.

 

4. Consequently, I deny all allegations on the particulars of claim and put the claimant to strict proof thereof

 

5. I respectfully request the courts permission to submit an amended defence should the claimant file a fully particularised Particulars of Claim

 

Statement of Truth

 

 

I xxxxxxxxxxx, believe the above statement to be true and factual

 

 

Signed .....................

 

Date

 

 

Can this be filed on-line?

Also my defence has to be in by date of claim +5 +28 days?

I believe it will come after Christmas.

 

My CPR's are now received, If they partially respond will I have to amend my defence? or is all or nothing?

 

Once my defence is filed within the 28 days (Acknowledgement of claim ) will the claimant then have a set amount of time to change their claim?

 

Should I mention about the termination letter and letter of assignment too?

 

Thanks for all your help.

 

Pumpytums

 

couple of suggestions in green

[pumpytums]

Nice one Hungry,

the devil is indeed in the detail.

 

If an account is in dispute, and the creditor takes legal action. What happens to said legal action?

 

Pumpytums

[hungrybear]

Nice one Hungry,

the devil is indeed in the detail.

 

If an account is in dispute, and the creditor takes legal action. What happens to said legal action?

 

Pumpytums

 

I know this one, it's the only bit of the rankine judgement that's of any use to anyone really. A section 78(6) dispute does not prevent a creditor from commencing legal proceedings rankines vs HFC and others 2009.

[pumpytums]

Hi everyone,

quick updated so far nothing has been received, one of the dates for the CPR's was up early last week and the other is up very soon. Do I need to inform Northampton court to this effect once the time is up? If so what do I need to say?

 

I have received no acknowledgement from the claimant at all, my documents to them are confirmed received.

 

I would very much like to get this one put to bed, and eat some mince-pies in peace.

 

Any help is greatly appreciated as always.

 

Thanks

 

Pumpytums

[pumpytums]

Hi everyone,

the time limit is up for both the CPR's nothing received (what a surprise) do I need to mention this in my embarrassed defense or leave it as it is?

 

I would like to get this submitted in the next couple of days.

 

Thanks again for everyones help.

 

Pumpytums

[MandM]

Hi everyone,

the time limit is up for both the CPR's nothing received (what a surprise) do I need to mention this in my embarrassed defense or leave it as it is?

 

I would like to get this submitted in the next couple of days.

 

Thanks again for everyones help.

 

Pumpytums

 

I would - it starts to show a trend of their efforts to frustrate you.

 

M

[pumpytums]

Ok how about the following thanks M&M,

 

One question the bit thats says

 

1. I XXXXXXXXX(name) of XXXXXXX(what goes here address or town???)

 

Red text is added.

 

Thanks

 

Pumpytums

 

In the xxxxxxxx County Court

Claim number

 

Between

 

 

 

xxxxxxxxxxx- Claimant

 

 

 

and

 

 

 

 

 

xxxxxxxxxxxx- Defendant

 

 

 

 

 

 

 

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.

 

d) A copy of any termination notice served under section 76 and/or section 98 of the CCA, on the alleged account, has not been served attached to the claim form.

 

e) A copy of any notice of assignment compliant with the provisions of the Law of Property Act 1925, on the alleged account and proof of original service of said assignment to the defendant, has not been served attached to the claim form.

f) The defendant requested information referred in the claim under CPR 18 & CPR 31.14 from the claimant by Royal Mail Special Delivery. The request was received by the claimant on the XX December 2009, compliance with the requests has now expired. The defendant wishes to make the court aware that the claimant is trying to frustrate proceedings and denying the defendant an opportunity to file a defence and counter claim.

5. Consequently, I deny all allegations on the particulars of claim and put the claimant to strict proof thereof

 

6. I respectfully request the courts permission to submit an amended defence should the claimant file a fully particularised Particulars of Claim

 

Statement of Truth

 

 

I xxxxxxxxxxx, believe the above statement to be true and factual

 

 

Signed .....................

 

Date

[hungrybear]

Ok how about the following thanks M&M,

 

One question the bit thats says

 

1. I XXXXXXXXX(name) of XXXXXXX(what goes here address or town???)yes, although of sound mind and body would give you one up on the other side!

 

Red text is added.I'll use green then

 

Thanks

 

Pumpytums

 

In the xxxxxxxx County Court

Claim number

 

Between

 

 

 

xxxxxxxxxxx- Claimant

 

 

 

and

 

 

 

 

 

xxxxxxxxxxxx- Defendant

 

 

 

 

 

 

 

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

 

Except where explicitly stated below the Defendant neither admits nor denies any of the assertions or claims made by the Claimant.

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.

 

d) A copy of any termination notice served under section 76 and/or section 98 of the CCA, on the alleged account, has not been served attached to the claim form.

 

e) A copy of any notice of assignment compliant with the provisions of the Law of Property Act 1925, on the alleged account and proof of original service of said assignment to the defendant, has not been served attached to the claim form.

 

f) The defendant requested information referred in the claim under CPR 18 & CPR 31.14 from the claimant by Royal Mail Special Delivery. The request was received by the claimant on the XX December 2009, compliance with the requests has now expired. The defendant wishes to make the court aware that the claimant is trying to frustrate proceedings and denying the defendant an opportunity to file a defence and counter claim.

5. Consequently, I deny all allegations on the particulars of claim and put the claimant to strict proof thereof

 

6. I respectfully request the courts permission to submit an amended defence should the claimant file a fully particularised Particulars of Claim

 

I respectfully request that the court consider striking out the claim under cpr 3.4.2(a) because it is not fully particularized nor offers any legal cause of action.

 

I respectfully request that the court consider striking out the claim under cpr 3.4.2© because, in light of the failure to respond to both cpr 31.14 & 18 requests, the Claimant is unable to substantiate their claim with documentary evidence.

 

Statement of Truth

 

 

I xxxxxxxxxxx, believe the above statement to be true and factual

 

 

Signed .....................

 

Date

 

A few suggestions

[pumpytums]

Nice on hungry, love the "of sound mind and body bit very funny".

 

I would love to know the percentage of claims that go through by default very scary I bet. I still can't believe how easy it is for them to basically print money and turn £100 into £1000.

 

Having reread the POC the bu^&ers are claiming for interest on a claim covered by the Consumer credit act 1974, I believe thats a big no. And have also added a so called charge to the claim amount again, a big no I believe.

 

So not only are they asking for the full amount they are inflating it as well. I suppose by on a default judgement though they have just made another 100% from the interest+ fee on their outlay. I suppose if all the ducks were in a row the original OC would be taking the action.

 

And to top it all the OC is playing games with my SAR info.

 

Thanks again

 

Pumpytums

[Docman]

Pumpytums

 

Thereis an exception to the normal rules about producing documents (as required by CPR 16 ) when the claim is started online through Northampton. Therefore the part in your defence that states "and does not comply or even attempt to comply with CPR part 16" is inaccurate and is loved by DCA solicitors to show your inexperience to the court. In doing so, the solicitors also try to divert the court's attention that they might not have all the correct paperwork.

 

I suggest you delete the phrase "attached to the claim form" from the end of paragraphs 3 (b) to (e). That way you are saying to the court in effect, 'they haven't provided any documents, even when I asked properly, so how can I defend?'.

[Docman]

And of course, the bit about "and does not comply or even attempt to comply with CPR part 16"

[pumpytums]

Pumpytums

 

Thereis an exception to the normal rules about producing documents (as required by CPR 16 ) when the claim is started online through Northampton. Therefore the part in your defence that states "and does not comply or even attempt to comply with CPR part 16" is inaccurate and is loved by DCA solicitors to show your inexperience to the court. In doing so, the solicitors also try to divert the court's attention that they might not have all the correct paperwork.

 

I suggest you delete the phrase "attached to the claim form" from the end of paragraphs 3 (b) to (e). That way you are saying to the court in effect, 'they haven't provided any documents, even when I asked properly, so how can I defend?'.

 

 

Good point, I suppose as I requested the information under the CPR 18 & 31.14 in the correct manner. I have now indicated that I'm still waiting for the documents they rely on and have mentioned, rather than saying well you didnt attach them when they didnt need to.

 

 

Thanks

 

Pumpytums

 

 

 

In the xxxxxxxx

County Court

Claim number

 

 

Between

 

 

 

 

xxxxxxxxxxx- Claimant

 

 

 

 

and

 

 

 

 

 

 

xxxxxxxxxxxx- Defendant

 

 

 

 

 

 

 

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

 

Except where explicitly stated below the Defendant neither admits nor denies any of the assertions or claims made by the Claimant.

 

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. 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.

 

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.

 

d) A copy of any termination notice served under section 76 and/or section 98 of the CCA, on the alleged account.

 

e) A copy of any notice of assignment compliant with the provisions of the Law of Property Act 1925, on the alleged account and proof of original service of said assignment to the defendant.

 

f) The defendant requested information referred in the claim under CPR 18 & CPR 31.14 from the claimant by Royal Mail Special Delivery. The request was received by the claimant on the XX December 2009, compliance with the requests has now expired. The defendant wishes to make the court aware that the claimant is trying to frustrate proceedings and denying the defendant an opportunity to file a defence and counter claim.

 

4. Consequently, I deny all allegations on the particulars of claim and put the claimant to strict proof thereof

 

5. I respectfully request the courts permission to submit an amended defence should the claimant file a fully particularised Particulars of Claim

 

I respectfully request that the court consider striking out the claim under cpr 3.4.2(a) because it is not fully particularized nor offers any legal cause of action.

 

I respectfully request that the court consider striking out the claim under cpr 3.4.2© because, in light of the failure to respond to both cpr 31.14 & 18 requests, the Claimant is unable to substantiate their claim with documentary evidence.

 

Statement of Truth

 

 

I xxxxxxxxxxx, believe the above statement to be true and factual

 

 

Signed .....................

 

Date

[hungrybear]

and dont let them confuse the sar with the cpr - totally separate processes. The former under the dpa, the latter under the county court act. Neither is contingent on the other.

[pumpytums]

Just filling my online defence, daft question I know "Do I want to file a counter claim?" The account has charges and PPI but I have no idea, can I claim them back from the new owner? Can I counterclaim at a latter date or should I just tick yes?

 

 

I'm really confused can someone give me a poke please.

 

Thanks

 

Pumpytums

[silverfox1961]

Hi, Got your PM and I'm sorry to say I know very little about court claims so you can consider this a gentle bump

[MandM]

How long have you got Pumpy? before defence needs to be in?

 

Have you started with regards to YOUR claim or will this be the first they know of it?

 

M

[pumpytums]

I have about 6days I reckon. I suppose as I can submit online Christmas won't affect it courts are closed 24th to the 28th I believe.

 

I haven't looked into my claim properly yet I need to get my SAR info. The OC is being downright stubborn I wonder why??

 

The original account had PPI and has charges, I don't think I can claim these back from the new owner. The new owner has added charges, but I suppose these can simply be removed from their fairytale total.

 

 

Pumpytums

[hungrybear]

Just filling my online defence, daft question I know "Do I want to file a counter claim?" The account has charges and PPI but I have no idea, can I claim them back from the new owner? Can I counterclaim at a latter date or should I just tick yes?

 

 

I'm really confused can someone give me a poke please.

 

Thanks

 

Pumpytums

 

 

Well if you are defending in full ie deny the whole claim then the answer is no - as I belive is the case. BUT if you were only contesting charges / PPI then that would go here as a counter claim.

 

Make sense?

[pumpytums]

Well if you are defending in full ie deny the whole claim then the answer is no - as I belive is the case. BUT if you were only contesting charges / PPI then that would go here as a counter claim.

 

Make sense?

 

 

Yes it does, thanks again for all your help Hungry.

 

 

Pumpytums