Help Needed Defence against Natwest who've issued a claim

[foolishgirl]

OK, give them the 7 days +postage & then check with the court to make sure they have not filed an amended POC. Provided they have not replied to your CPR18 in accordance with the time you gave them, go IMMEDIATELY for a strike out application.

 

Post back here at the weekend if you want help with the application.

[citizenB]

Hi there,

 

Have submitted an embarrased defence today. CPR 18 has also gone out.

 

Will just have to wait and see what happens.

 

In reply to one of the posters - yes, all these financial companies seem to want (and be able to in some cases) to abuse the process as and when they feel like. Making a claim twice is effectively doubling the alleged debt....how can this be possible....especially when a judgment has been given in relation to one of the accounts already!!!

 

It really beggars belief; especially when all these politcians claim that they are making the law easier to access and understand for the 'man in the street', that this sort of thing can go on.

 

Heyho, will look forward to seeing what Incasso do now.

 

 

DId you also send this to the solicitors ?

 

At the same time send a copy to Incasso & the following:

 

'Herewith copy defence by way of service, the same having been filed with the court.

 

Please serve amended particulars of claim and plead yor clients case in an appropriate manner within 7 days, so that I am aware of the case I will have to meet at trial. I request that you attach to the particulars a copy of any agreement & terms & conditions on which the claimant relies. The matter will be transferred to my home court and the claimant will have to produce the documents, in any event. In those circumstances you should plead in accordance with the CPR rather than the Northampton county court regime.

 

Failure to provide that requested in the time period provided for will result in an application to the court. I confirm a copy of this letter will be produced to the court when the question of costs falls to be decided.'

 

 

[babble]

I have just sent a formal email (CPR 18) to the person who was dealing with it at Incasso and up to now they have responded the same or next day so hopefully I will get a reply quite quickly. I have kept a copy of the email. I have given them until 30th March, I think 14 days is well enough time to respond.

 

I will check with the court in 10 days time (or 7 if they respond to my email today) and see if they've submitted a new PoC. That leaves a couple of days for them to respond to my CPR 18, if they haven't I think I will make a strike out application.

 

thanks for your help

[costa12]

Hi Babble,

 

Just subbing and lending my support. I've been in a 'battle' with Incasso, now Cobbetts, since Nov/Dec 2009. Still not received any legible information from them. I first requested it 30th Nov!

 

Had an application hearing nearly two weeks ago for SJ/SO. The Judges order expires on 18th March. Still no sign of any legible documents:)!

 

If you read my thread it will give you an insight into how Incasso work:eek:.

 

Costa

[babble]

Hi CitizenB

 

I have included those words exactly in the letter and email, directly prior to the 'defence' statement.

[babble]

Hi Costa,

 

will have a look at your thread in a little while, sorry for being thick but what is sj/so?

[costa12]

Sorry babble. SJ/SO means Summary Judgement/Strike Out.

[babble]

Thanks costa

 

I've read a lot about the Acts etc in question but very little about the court end of matters. I don't think I've handled my cabot case as good as I could have if I'd read more first but I think it will be OK because they don't have a properly executed agreement for either of the accounts.

This natwest one will hopefully be much better!

 

Thanks again

[foolishgirl]

Costa's link:

http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/238913-me-tesco-incasso.html

[babble]

I've just spoken to an advisor at the court and they haven't submitted a new PoC yet and tomorrow is the day by which I requested they respond to my CPR request.....

[babble]

Hi Everyone

 

Just got an allocation questionnaire from the court. I think it might be time to submit a strike out application as they haven't responded to my CPR request and I've not been told of any change to the original PoC.

 

Foolishgirl could you help please

[costa12]

Hi babble,

 

You'll still need to complete the AQ, regardless of making an Application.

 

You need to use a Form N244 (Application Notice) to make your Application. You can download the N244 from the MoJ website.

 

On the final page of the N244 you will find instructions on how to complete the form, however if you need asisstance just give me a shout.

 

The fee is £75, which you have to pay to start with.

 

The N244 needs to be in as quick as possible. Also when does the AQ have to be filed with Court and Incasso?

 

Costa

[foolishgirl]

Costa's correct - you must send your AQ in on time.

 

You have a choice:

(a) you can submit directions with your AQ requesting your strike out as part of the directions. If you don't get any directions issued, or the Claimant doesn't comply, you may then wish to make a formal application.

 

(b) you can make formal application for a strike out now but it will cost you £75.00. If you get the SO, you can reclaim the cost from the Claimant but if you don't get it, you may have to stand that cost yourself. Be aware also that the SO may be opposed by the Claimant & you may have to attend a hearing to explain why you think it should be granted. Whilst the CPR (& common sense) would suggest that Claimants should not make such vague claims without being prepared to substantiate them, the courts do not always take such a view.

 

Decide which route you want to take ....

[costa12]

Agree totally with foolishgirl.

 

The SO application can be a little more involved than first appears.

 

Cobbetts, who took over from Incasso (because they are the same LLP), challenged my Application and I had to attend a Hearing. So you must be prepared to attend if it happens.

 

The Hearing will be in front of a Judge, with only you and their representative present.

 

'Whilst the CPR (& common sense) would suggest that Claimants should not make such vague claims without being prepared to substantiate them, the courts do not always take such a view. '

 

As foolishgirl says above, the CPR and common sense in Court does not always prevail and there is a distinct possibility they will get another 'bite of the cherry'. That's why I've got another Aplication Hearing in May because the Judge has restored my original Application because Cobbetts did not comply with his original order. Long story;)!

 

Again if it does come to that you will get plenty of help and support from CAG.

[babble]

Hi Costa / Foolishgirl

 

I thought that with the AQ, the date is the 19th April. I will look at it later today and try to complete it. I may put it in quickly to get it out of the way.

 

As for the n244, I will get a copy of it and have a look but I don't have £7.50 right now let alone £75, lol. I might have a look to see if there is any help for people on Employment Support Allowance.

 

I tried to follow your thread Costa (as well as a few others).....I've noticed how 'they' always seem to be able to get a lot of leeway when they don't comply and just do what they like......second, third, fourth bites of the cherry.......so much for the justice system complaining about cases taking too long to get to trial and taking too long when they get there.....if they we're as strict with companies and their representatives as they seem to be with individuals they'd have no reason to complain!

 

As for common sense, you don't need to look to far to see many examples of lack of common sense within the 'justice system' so I'm not going to take anything for granted until it finally finishes.....

 

Just have to look at the bank charges thing....they were told they had no right of appeal but still somehow they did and then after losing so many times and in the face of common sense and fairness, they win and the OFT give up.....something seriously wrong there!

 

Anyway, thanks for all your help it is appreciated

[costa12]

Hi babble,

 

Follow the link I have posted and see if you are entitled to a remission.

 

http://www.hmcourts-service.gov.uk/courtfinder/forms/ex160a_web_0709.pdf

 

If you are on employment support I would imagine you will be entitled to a remission.

 

As you said 'they' do get a lot of leeway. However, it does depend on the Judge. I was fortunate in that the resident DJ in my local CC would not be swayed by their tactics and he ordered after the first Hearing that if they did not submit 'legible' documents he would restore my Application to SO/SJ. Hence I have another Hearing in May !

 

It can be a Judge lottery at times.

Edited April 4, 2010 by costa12
Typo

[foolishgirl]

Babble, if you qualify for fee exemption I would seriously consider the formal application route. You would need to enter a N244 & a Form EX160 at the same time. Links to both forms are here:

Her Majesty's Courts Service -Forms and Guidance

 

You should make your SO applic. before you enter your AQ so don't submit it before 19th.