CL Finance/cohen Claimform - old Virgin Money Credit Card Debt ****WON****

[RobinWayRobinme]

After a quick look through the last couple of pages IMO I'd agree with CitizenB. Short and sweet WS IMO would be the way forward. Just point out what they were supposed to do according to Order, what they have not done and that you are unable to provide anything other than the embarrassed defence already filed. N244 for strikeout suggested by CB seems good tactic as it will put other side on the back foot.

R

 

CB... You're a legend, I'm loving both replies. These make sense to me! I'm on it now!

 

Thank you

 

PL

[pigland]

Talk about the 11th hour...Luckily I've got plenty of deodorant!

 

I've completed the witness statement.

 

What do you think about this order?

 

Further to the order made by District Judge xx on xx February 2010

 

The claimant has failed to comply in that;

 

No legible copy of the agreement has been supplied as ordered.

 

No Notice of Assignment has been supplied as ordered.

 

No Deed of Assignment has been supplied as ordered.

 

As ordered; The copy Default Notice supplied is not compliant with s87 (1) Consumer Credit Act 1974 and Consumer Crdit (Enforcement, Default and Terminationtices) Regulations 1983 (SI 1983/1561) as amended, together with proof of service. It doesn't allow the correct period of time for the breach to be remedied.

 

The amount of arrears stated in the Default Notice is incorrect.

 

The clause claimed to have been breached is not present in the terms of the agreement.

 

Proof of service of the Default Notice has not been provided.

 

 

To date; I have not received the documents above as ordered and I feel I am deliberately being put at a disadvantage. I do not believe that the Claimant has complied with the order and will not be able to, I therefore request an Unless Order be served, if the Claimant fails to comply with this order I request without further order the claim be struck out.

 

PL

[pigland]

Any thoughts?

[RobinWayRobinme]

IMO use the witness statement as thbe evidence supporting the Application (back of N244) and on front the order you are requesting with the reason why being other side have not complied with order xx/xx/2010.

 

I'm out for rest of day now, but subject to any other opinions, I'd go with that.

 

Best of luck, I'll keep an eye on your thread.

R

 

Any thoughts?

[citizenB]

Talk about the 11th hour...Luckily I've got plenty of deodorant!

 

I've completed the witness statement.

 

What do you think about this order?

 

Further to the order made by District Judge xx on xx February 2010

 

The claimant has failed to comply in that;

 

No legible copy of the agreement has been supplied as ordered.

 

No Notice of Assignment has been supplied as ordered.

 

No Deed of Assignment has been supplied as ordered.

 

As ordered; The copy Default Notice supplied is not compliant with s87 (1) Consumer Credit Act 1974 and Consumer Crdit (Enforcement, Default and Terminationtices) Regulations 1983 (SI 1983/1561) as amended, together with proof of service. It doesn't allow the correct period of time for the breach to be remedied.

 

The amount of arrears stated in the Default Notice is incorrect.

 

The clause claimed to have been breached is not present in the terms of the agreement.

 

Proof of service of the Default Notice has not been provided.

 

 

To date; I have not received the documents above as ordered and I feel I am deliberately being put at a disadvantage. I do not believe that the Claimant has complied with the order and will not be able to, I therefore request an Unless Order be served, if the Claimant fails to comply with this order I request without further order the claim be struck out.

 

PL

 

That looks better dont you think ? Good lass, I see you have put the proper regulation thingy for the Default notices in as well.

[pigland]

Thank you so much,

 

I'm now trundling off down to the court with my Unless Order and my witness statement. Much happier now!

 

PL

[steven4064]

What stage are you at in the case? I wouldn't use a seperate N244 - there are acouple of opportunities for suggesting draft orers for direction without paying the £75 for a N244.

 

The WS doesn't look bad but you need to sort the numbering out. Remember a WS is a statement by you of the facts of the case. It also will need a statement of truth.

[pigland]

Hi Steven,

 

I have already handed in the order on the N244 as per post 73. The court office told me it would only cost £40. This is the witness statement I put in to accompany it;

 

WITNESS STATEMENT BY Miss D Screet (DEFENDANT)

 

 

Claimant; CL Finance

Defendant; Miss xx

Claim number; xx

 

I, Miss D Screet of xx am the defendant. I am a litigant in person in this case.

 

 

With reference to the order made by District Judge on February 2010.

 

The Defendant is still embarrassed as the Claimant has failed to provide those documents as ordered by the above.*

 

No legible copy of the agreement has been supplied as ordered.

 

No Notice of Assignment has been supplied as ordered.

 

No Deed of Assignment has been supplied as ordered.

 

The copy Default Notice supplied is incorrect in that it doesn't allow the correct period of time for the breach to be remedied.

 

The amount of arrears stated in the Default Notice is incorrect.

 

The clause claimed to have been breached is not present in the terms of the agreement.

 

Proof of service of the Default Notice has not been provided.

 

I believe that the facts stated in this witness statement are true

 

Signed …..................

Date ….....................

 

In the Court office I heard them saying the Claimant in this case had rung in the morning and asked if I had put in an amended defence.

[gh2008]

The N244 application *should* take precedence over the 'leave to submit an amended defence'

 

You are not in breach of the order, as it was only a grant of leave rather than an order to submit.

 

See what the DJ thinks now. £40 means that they think it can be dealt with without a hearing which could be a good thing. It is a pretty straightforward case of the claimant ignoring an order.

 

good luck

 

gh

[pigland]

Thanks GH, I'm really learning a lot from you all....

[bazaar]

Hi Pigland,

Looks like youre getting there now,

In your WS you state that the DN is incorrect, IMHO I would go through what youve said on the WS and back it up with the correct info youre claiming as defence.

IE, the DN dates, you received on XXXX the dates they allowed were XXXX this in contravention of the DN rules.

Then the amounts stated, what they claim and what should it be,?

you get the idea?

Make it really easy for the Judge to side with you:)

[pigland]

Hi Bazaar and all,

 

As per your last post; I had already put in the WS so I have assumed it is to late to amend the WS?

 

I put the N244 in a week ago and I've still not heard anything back from the court yet!

 

PL

[citizenB]

pigland, court admin is usually 5-7 days behind so dont worry too much.

[pigland]

Hi all,

 

Further to sending an application for an order as per post 70 and my witness statement in post 76 I have now received from the court a; 'Notice of hearing of application'.

 

As I've never been to one of these hearings, has anyone any pointers?

 

Kind regards,

 

PL

Edited May 2, 2010 by pigland

[pt2537]

Hi all,

 

Further to sending an application for an order as per post 70 and my witness statement in post 76 I have now received from the court a; 'Notice of hearing of application'.

 

As I've never been to one of these hearings, has anyone any pointers?

 

Kind regards,

 

PL

ok,

well, these applications are heard in judges chambers. Since it is your application, you will be invited to speak first and the opponents will have the chance to rebut your submissions

 

You will need to be sharp and prepared,

 

you need to know why you are making the application, its not obvious to the judge so you will need to tell him and know yourself even if it seems obvious to you why you are making the app.

 

You will need to draw the judge to any case authorities, and also have served copies of your authorities on the other party and the court,

 

You should also consider the element of costs too,you will need to have served a schedule of your costs for assessment on the other party and the court.

 

there's a lot to consider and prepare

[gezwee]

Hi Pl

 

Apologies in advance for being a nosey git but..........

 

Out of interest, did you submit strike out app pursuant to part 3.4 and did you request with/without hearing?

 

Also, was there any mention of SJ part 24 in your application

 

Did you include draft directions at originating aq stage?

 

Thanks

 

Gez

[pigland]

Hi all,

 

Went to court...... I Think I won?

 

That was fun, what a laugh!!!

 

Thanks to you all I thoroughly enjoyed myself. Cohen's sent a Solicitor in.

 

I asked Cohen's solicitor to read 1f of my agreement and she couldn't..So I asked the Judge to read 1f. The Judge 'said I get your point xxxx'

 

I pointed out all of the items that the Claimant had failed to produce as per the previous court directions, I said I couldn't defend due to the lack of paperwork provided and that I thought the Claimant had taken the mickey out of me and the court.

 

The Judge was angry with Cohen's and the Solicitor.

 

The Claimants Solicitor said to the Judge 'I think I know the answer but can I be awarded costs?' The Judge said no..So I piped up 'But I can can't I' The Judge said yes and I explained that I thought £80 was reasonable.

 

I have now received from the Court a General Form of Judgement or Order;

 

Upon hearing the Solicitor's agent for the Claimant and the Defendant in person

 

It is Ordered that;

 

1. The trial listed on the xx 2010 be vacated.

 

2. The claim is stayed until the Claimant complies in full with the directions given on xx 2010. The Claimant shall file and serve documents complying with every requirement of the order.

 

3. The said documents shall be sent to the Defendant

 

4. The Defendant's costs are assessed at £80.00 and be paid by the Claimant within 14 days.

 

14 Days is now up and I've received nothing from the Claimant.

 

What happens now? Is this the end?

 

Kind regards PL

 

p.s Gezwee, In answer to your questions;

 

Q; Did you submit strike out app pursuant to part 3.4 and did you request with/without hearing?

A; Got a hearing

 

Q; Also, was there any mention of SJ part 24 in your application

A; Don't really understand what you mean, please clarify

 

Q; Did you include draft directions at originating aq stage?

A; Yes

[RobinWayRobinme]

Well done PL

R

[pigland]

Spookily enough I no longer have a credit card. I wish to donate to this great site and have a Postal order made out to Consumer Action Group...

 

Does anyone know where to send it?

[pigland]

And it goes on..........

 

Today I received from the court a General Form of Judgement or Order;

 

Before Judge XX sitting at xx Court

 

Upon the courts own motion. The Court has made this order of its own initiative without a hearing. If you object to the order, you must make an application to have it set aside, varied or stayed within 7 days of receiving it.

 

It is ordered that

 

The Defendant do file and serve a fully particularised defence by 5th July 2010

 

I am a little perplexed but I think I know what has happened I believe that Cohen's have served documents as per the Judges order (see post 85, June 1st 2010)

 

However as per the order;

3. The said documents shall be sent to the Defendant

 

4. The Defendant's costs are assessed at £80.00 and be paid by the Claimant within 14 days.

 

I have not received any documents from Cohen's and I have not received the £80.00

 

Do I need to fill out a N244 again asking the Judge for more time as the Claimant hasn't complied or should I follow some other route? Either way it's urgent as I need to respond now!

 

Kind regards,

 

PL

[diddydicky]

if the other side have not complied with the courts directions you need to make an unless order application to the court

[RobinWayRobinme]

Agree with what DD has said, but you have 7 days to apply to have this new order set aside or varied. You need to get an application in pronto and attach a draft order you require.

R

And it goes on..........

 

Today I received from the court a General Form of Judgement or Order;

 

Before Judge XX sitting at xx Court

 

Upon the courts own motion. The Court has made this order of its own initiative without a hearing. If you object to the order, you must make an application to have it set aside, varied or stayed within 7 days of receiving it.

 

It is ordered that

 

The Defendant do file and serve a fully particularised defence by 5th July 2010

 

I am a little perplexed but I think I know what has happened I believe that Cohen's have served documents as per the Judges order (see post 85, June 1st 2010)

 

However as per the order;

3. The said documents shall be sent to the Defendant

 

4. The Defendant's costs are assessed at £80.00 and be paid by the Claimant within 14 days.

 

I have not received any documents from Cohen's and I have not received the £80.00

 

Do I need to fill out a N244 again asking the Judge for more time as the Claimant hasn't complied or should I follow some other route? Either way it's urgent as I need to respond now!

 

Kind regards,

 

PL

[citizenB]

Spookily enough I no longer have a credit card. I wish to donate to this great site and have a Postal order made out to Consumer Action Group...

 

Does anyone know where to send it?

 

Reclaim the Right Ltd.

923 Finchley Road,

London, NW11 7PE

 

The address above is where you send it. However, I need to find out who you make the postal order out to.

Ok, make the Postal order/cheque out to "Marc Gander"

Edited June 26, 2010 by citizenB

[citizenB]

And it goes on..........

 

Today I received from the court a General Form of Judgement or Order;

 

Before Judge XX sitting at xx Court

 

Upon the courts own motion. The Court has made this order of its own initiative without a hearing. If you object to the order, you must make an application to have it set aside, varied or stayed within 7 days of receiving it.

 

It is ordered that

 

The Defendant do file and serve a fully particularised defence by 5th July 2010

 

I am a little perplexed but I think I know what has happened I believe that Cohen's have served documents as per the Judges order (see post 85, June 1st 2010)

 

However as per the order;

3. The said documents shall be sent to the Defendant

 

4. The Defendant's costs are assessed at £80.00 and be paid by the Claimant within 14 days.

 

I have not received any documents from Cohen's and I have not received the £80.00

 

Do I need to fill out a N244 again asking the Judge for more time as the Claimant hasn't complied or should I follow some other route? Either way it's urgent as I need to respond now!

 

Kind regards,

 

PL

 

Not sure how you go about this, PL. Will ask for you.

 

IMHO, I would phone the court and see if Cohens HAVE filed documents with the court. If so, ask if you can have copies as a matter of urgency.

Edited June 25, 2010 by citizenB

[gh2008]

agree with DD & RWR above. You *must* make an application to Court IMHO to have the Order varied to include a line at the beginning something like

 

"Unless the claimant do comply with the Order made by ###### on ##### by #### the claim shall be struck out with out further Order."

 

Then the other lines need to be adjusted to '14 days thereafter' or something like that. Hopefully someone will come along and word it properly for you.

 

In the application you need to say that you want it varied as the Claimant still has not complied with the order of #### and say why not i.e. no docs received and no costs received.

 

Oh I suppose you need to get your costs in there as well - at the end of the draft