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

[RobinWayRobinme]

PL because you state at start of defence "you neither admit or deny ..." you will need to put your denials into the body of the defence and put claimant to strict proof.

R

[pigland]

All,

 

How's this? An hour to go!

 

 

1. I, Miss D. Screet am the defendant in this action and make the following statement as my defence to the claim made by CL Finance Limited/MBNA Europe Bank Limited.

 

2. Except where otherwise mentioned in this defence, I neither admit nor deny any allegation made in the claimants Particulars of Claim and put the claimant to strict proof thereof.

 

3. It is admitted that I have held an account with the MBNA and that the Agreement was regulated under the terms of the Consumer Credit Act 1974.

 

4. The Claimants have filed an illegible copy of a credit agreement and some later terms and conditions,

 

5. The claimants are put to strict proof that the terms and conditions supplied form part of the original agreement and that the agreement is properly executed within the meaning of s61(1)(a) CCA 1974 and therefore enforceable against the Defendant

 

6. The Claimant has failed to comply with the Order made by District Judge XXX made on xx xx 2010 and yet again by District Judge xx on xx xx 2010 by failing to serve ‘A full and complete statement of account including all payments made and charges applied covering the period beginning with the day of the making of the agreement and ending on the date of this order’. The documents filed with the court on the 10th June 2010 included no more than the same incomplete set of copy statements previously disclosed by the Claimant. I put the claimant to strict proof of all sums claimed.

 

7. The default notice supplied by the Claimant in response to the order of the Court dated xx 2009 is dated Friday xx XXXX, to allow service in line with the statutory requirements. 2 working days were required to allow for 1st Class postage. Thus the Rectify date should be 14 calendar days from Wednesday xx XXXX, namely Wednesday xx xxxx 2009, not the xx XXXX 2009 as stated in the Default notice.

 

8. Without a valid default notice it could be inferred that the bringing about of a County Court Judgement without first seeking remedy via a default notice could be considered vexatious litigation in the first instance and to do so is clearly contrary to the CCA.

 

9. I put the claimant to strict proof that the copy Default notice supplied is compliant with s87 (1) Consumer Credit Act 1974 and Consumer Credit (Enforcement, Default and termination Notices) Regulations 1983 (SI 1983/1561) as amended.

 

10. The claimant has failed to comply with Court orders made by District Judge xxx on xx xx 2010 and again by District Judge xx on xx xx 2010 at xx county court in that;

 

A legible copy of the agreement which complies with the Consumer Credit Act 1974 and all subsequent regulations has not been supplied as ordered,

 

A full and complete statement of account including all payments made and charges applied covering the period beginning with the day of the making of the agreement and ending on the date of the commencement of this case has not been supplied as ordered. The statements supplied commence in 2008 with a carried forward balance.

 

Proof of service of a Notice of Assignment by the original creditor has not been supplied as ordered.

 

Proof of Service of the copy Default Notice has not been supplied as ordered.

 

11. The failure of the claimant to supply documents above means that the Claimant has no right of action in this case. In addition, the Claimant’s failure to issue a valid Default Notice that would make any termination of the Agreement unlawful, must surely prevent a right of action.

 

12. I respectfully ask the Court to strike out the Claimant's statement of case.

 

14. Finally, the Claimant has not paid my costs as previously ordered by District Judge xx on xx xx 2010.

[gh2008]

In between 3 & 4 put something like

 

it is denied that the agreement is properly executed within the meaning of s61(1)(a) CCA 1974 and therefore not enforceable against the Defendant for the following reasons

 

wouldn't worry about 8

 

14 to go after 11

 

then paragraph 12 (whatever that will become) put something like 'In light of the Claimant's failure to comply with the Order of ##/##/#### I respectfully ask .... etc

[RobinWayRobinme]

Just a few quick notes for you to consider. They are a bit rought and ready but think they may help. Sorry but I must go now. Good luck, I'll look in later

R

All,

 

How's this? An hour to go!

 

 

1. I, Miss D. Screet am the defendant in this action and make the following statement as my defence to the claim made by CL Finance Limited/MBNA Europe Bank Limited. ONLY PUT MBNA IF THEY WERE PARTY TO CLAIM

 

2. Except where otherwise mentioned in this defence, I neither admit nor deny any allegation made in the claimants Particulars of Claim and put the claimant to strict proof thereof.

 

3. It is admitted that I have held an account with the MBNA and that the Agreement was regulated under the terms of the Consumer Credit Act 1974.

 

4. [MAYBE RE WORD STATING] I DENY THAT THE CLAIMANT HAS..... The Claimants have filed an illegible copy of a credit agreement and some later terms and conditions,

 

5. The claimants are put to strict proof that the terms and conditions supplied form part of the original agreement and that the agreement is properly executed within the meaning of s61(1)(a) CCA 1974 and therefore enforceable against the Defendant [sTATE WHY YOU BELIEVE THE T&C'S ARE NOT PART OF ORIGINAL AGREEMENT]

 

6. The Claimant has failed to comply with the Order made by District Judge XXX made on xx xx 2010 and yet again by District Judge xx on xx xx 2010 by failing to serve ‘A full and complete statement of account including all payments made and charges applied covering the period beginning with the day of the making of the agreement and ending on the date of this order’. The documents filed with the court on the 10th June 2010 included no more than the same incomplete set of copy statements previously disclosed by the Claimant. I put the claimant to strict proof of all sums claimed.

 

7. [i DENY THAT THE DEFAULT NOTICE ..]The default notice supplied by the Claimant in response to the order of the Court dated xx 2009 [COMPLIES WITH .. STATE LEGISLATION HERE AND IS INVALID...AS IT] is dated Friday xx XXXX, to allow service in line with the statutory requirements. 2 working days were required to allow for 1st Class postage. Thus the Rectify date should be 14 calendar days from Wednesday xx XXXX, namely Wednesday xx xxxx 2009, not the xx XXXX 2009 as stated in the Default notice.

 

8. Without a valid default notice [A CREDITOR CANNOT ..LIST WHAT THEY CAN'T DO AND THEREFORE THE CLAIMANTS CASE IS FATALY FLAWED ]it could be inferred that the bringing about of a County Court Judgement without first seeking remedy via a default notice could be considered vexatious litigation in the first instance and to do so is clearly contrary to the CCA.

 

9. I put the claimant to strict proof that the copy Default notice supplied is compliant with s87 (1) Consumer Credit Act 1974 and Consumer Credit (Enforcement, Default and termination Notices) Regulations 1983 (SI 1983/1561) as amended. [NOT NEEDED AS YOU PLEAD THAT YOU HAVE A COPY AND HAVE ALREADY DEALT WITH IT ABOVE]

 

10. The claimant has failed to comply with Court orders made by District Judge xxx on xx xx 2010 and again by District Judge xx on xx xx 2010 at xx county court in that;

 

A legible copy of the agreement which complies with the Consumer Credit Act 1974 and all subsequent regulations has not been supplied as ordered,

 

A full and complete statement of account including all payments made and charges applied covering the period beginning with the day of the making of the agreement and ending on the date of the commencement of this case has not been supplied as ordered. The statements supplied commence in 2008 with a carried forward balance.

 

Proof of service of a Notice of Assignment by the original creditor has not been supplied as ordered.

 

Proof of Service of the copy Default Notice has not been supplied as ordered. [HAVE THEY ALSO NOT COMPLIED WITH A COSTS ORDER AGAINST THEM?]

 

11. The failure of the claimant to supply documents above means that the Claimant has no right of action in this case. In addition, the Claimant’s failure to issue a valid Default Notice that would make any termination of the Agreement unlawful, must surely prevent a right of action.

 

12. I respectfully ask the Court to strike out the Claimant's statement of case.

 

14. Finally, the Claimant has not paid my costs as previously ordered by District Judge xx on xx xx 2010.

[pigland]

Thank you

 

And again:

 

1. I, am the defendant in this action and make the following statement as my defence to the claim made by CL Finance Limited/MBNA Europe Bank Limited.

 

2. Except where otherwise mentioned in this defence, I neither admit nor deny any allegation made in the claimants Particulars of Claim and put the claimant to strict proof thereof.

 

3. It is admitted that I have held an account with the MBNA and that the Agreement was regulated under the terms of the Consumer Credit Act 1974.

 

4. It is denied that the agreement is properly executed within the meaning of s61(1)(a) CCA 1974 and therefore enforceable against the Defendant for the following reasons; the copy of the credit agreement is illegible.

the prescribed terms (as supplied to the court) do not form part of the original agreement.

 

5. The claimants are put to strict proof that the terms and conditions supplied form part of the original agreement and that the agreement is properly executed within the meaning of s61(1)(a) CCA 1974 and therefore enforceable against the Defendant

 

6. The Claimant has failed to comply with the Order made by District Judge Starke made on 28 February 2010 and yet again by District Judge Clarke on 18 May 2010 by failing to serve ‘A full and complete statement of account including all payments made and charges applied covering the period beginning with the day of the making of the agreement and ending on the date of this order’. The documents filed with the court on the 10th June 2010 included no more than the same incomplete set of copy statements previously disclosed by the Claimant. I put the claimant to strict proof of all sums claimed.

 

7. The default notice supplied by the Claimant in response to the orders of the Court is dated Friday xx 2009, to allow service in line with the statutory requirements. 2 working days were required to allow for 1st Class postage. Thus the Rectify date should be 14 calendar days from Wednesday xx 2009, namely Wednesday xx 2009, not the xx xx 2009 as stated in the Default notice. In addition the claimant has failed to provide proof of service of the default notice, therefore it must be further assumed that the rectify date be even later.

 

8. I put the claimant to strict proof that the copy Default notice supplied is compliant with s87 (1) Consumer Credit Act 1974 and Consumer Credit (Enforcement, Default and termination Notices) Regulations 1983 (SI 1983/1561) as amended.

 

9. The claimant has failed to comply with Court orders made by District Judge xxx on xx xx 2010 and again by District Judge xx on xx xx 2010 at xx county court in that;

 

A legible copy of the agreement which complies with the Consumer Credit Act 1974 and all subsequent regulations has not been supplied as ordered,

 

A full and complete statement of account including all payments made and charges applied covering the period beginning with the day of the making of the agreement and ending on the date of the commencement of this case has not been supplied as ordered. The statements supplied commence in 2008 with a carried forward balance.

 

Proof of service of a Notice of Assignment by the original creditor has not been supplied as ordered.

 

Proof of Service of the copy Default Notice has not been supplied as ordered.

 

10. The failure of the claimant to supply documents above means that the Claimant has no right of action in this case. In addition, the Claimant’s failure to issue a valid Default Notice that would make any termination of the Agreement unlawful, must surely prevent a right of action.

 

11. Finally, the Claimant has not paid my costs as previously ordered by District Judge xx on xx xx 2010.

 

12. In light of the Claimant's failure to comply with the Order of xx xx 2010 I respectfully ask the Court to strike out the Claimant's statement of case.

 

Kind regards,

 

Pigland

[pigland]

Thank you all so much.......I have amended it again and will post up later....I'm off to the court now. Will catch up later!

 

Yippee!

 

Love you all!

 

Oink!

 

PL

[pigland]

1. I, Miss D. Screet am the defendant in this action and make the following statement as my defence to the claim made by CL Finance Limited.

 

2. Except where otherwise mentioned in this defence, I neither admit nor deny any allegation made in the claimants Particulars of Claim and put the claimant to strict proof thereof.

 

3. It is admitted that I have held an account with the MBNA and that the Agreement was regulated under the terms of the Consumer Credit Act 1974.

 

4. I deny the claimant has filed a legible copy of the credit agreement. They have supplied some later copies of MBNA’s terms and conditions that do not form part of the original agreement.

 

5. The claimants are put to strict proof that the terms and conditions supplied form part of the original agreement and that the agreement is properly executed within the meaning of s61(1)(a) CCA 1974 and therefore enforceable against the Defendant. The additional terms supplied do not form part of the original filed agreement. They are of a different font, size and style, the terms are not contained within the four corners of a signed agreement.

 

6. The Claimant has failed to comply with the Order made by District Judge xx made on xx xx 2010 and yet again by District Judge xx on xx xxxx 2010 by failing to serve ‘A full and complete statement of account including all payments made and charges applied covering the period beginning with the day of the making of the agreement and ending on the date of this order’. The documents filed with the court on the xx xxxx 2010 included no more than the same incomplete set of copy statements previously disclosed by the Claimant. I put the claimant to strict proof of all sums claimed.

 

7. I deny that the default notice supplied by the Claimant in response to the orders of the Court and dated Friday 06 February 2009 complies with state legislation here and is invalid as it does not allow service in line with the statutory requirements. 2 working days were required to allow for 1st Class postage. Thus the Rectify date should be 14 calendar days from Wednesday 11 February 2009, namely Wednesday 25 February 2009, not the xx February 2009 as stated in the Default notice. In addition the claimant has failed to provide proof of service of the default notice, therefore it must be further assumed that the rectify date be even later.

 

8. Without a valid default notice a creditor cannot list what they can and can’t do and therefore the Claimants claim is fatally flawed. It could be inferred that the bringing about of a County Courty Judgement without first seeking remedy via a default notice could be considered vexatious litigation in the first instance and to do so is clearly contrary to the CCA.

 

9. The claimant has failed to comply with Court orders made by District Judge xx on xx xxxxx 2010 and again by District Judge xx on xx xxxx 2010 at Worthing County Court in that;

 

A legible copy of the agreement which complies with the Consumer Credit Act 1974 and all subsequent regulations has not been supplied as ordered,

 

A full and complete statement of account including all payments made and charges applied covering the period beginning with the day of the making of the agreement and ending on the date of the commencement of this case has not been supplied as ordered. The statements supplied commence in 2008 with a carried forward balance.

 

Proof of service of a Notice of Assignment by the original creditor has not been supplied as ordered.

 

Proof of Service of the copy Default Notice has not been supplied as ordered.

 

They have not complied with a costs order against them.

 

10. The failure of the claimant to supply documents above means that the Claimant has no right of action in this case. In addition, the Claimant’s failure to issue a valid Default Notice that would make any termination of the Agreement unlawful, must surely prevent a right of action.

 

11. Finally, the Claimant has not paid my costs as previously ordered by District Judge xx on xx xxxxx 2010.

 

12. In light of the Claimant's failure to comply with the Order of District Judge xx on xxxxx 2010 and then District Judge xx on the xxxx 2010, I respectfully ask the Court to strike out the Claimant's statement of case.

 

I believe the above statement to be true and factual

 

Signed ……………………. Date ……………………….

 

I'm really appreciative of all the help everyone has given here, I hope this thread helps others. It has been a long learning curve! I'm shattered and buzzing at the same time (I'm not sure if it's the caffeine) I mentioned before that to get in what looks like a simple defence is far from the truth and to get there it is like 'whittling a log to get a lolly stick'. Well thanks to such lovely giving people I did it (now I'm beginning to sound like I've won the TV soap awards). Now lets hope I can put something on that stick!

 

Thank you.

 

Pigland

[bazaar]

Good Luck

[pigland]

Today I have received a Notice of Hearing from the court. I now have to file a Witness Statement by early September...

 

Also...The Court has written saying;

 

'I write with reference to your Defence filed with the Court on xx August 2010.

 

If you wish to apply to strike out the claim you should make a formal application to the Court.'

 

So...It looks like I must now fill out a N244 to go for a Strike-Out . I'm feeling that I should just submit my Witness Statement and defend. I've also noticed that the Default Notice was served after I had already notified MBNA ( the original Creditor) of my change of address and that the account was in Dispute. The Default Notice supplied is addressed to my old address!

 

Kind regards,

 

Pigland

[gh2008]

deff make an app pl, if they have not complied with the previous order, then go for it.

 

when court letters hint like that they are usually trying to tell you something

 

jmho though

[pigland]

Thanks GH!

 

I'll draft up a Strike-Out application over the weekend and post it up here on CAG.

 

Kind regards,

 

PL

[Chipmeister]

Go Pigland - best of luck!

[bazaar]

yep agreed,

looks like the court wants an official aplication so they dont have to take a decision themselves

[RobinWayRobinme]

I would agree with the application to strike out on basis that claimant has failed to comply with previous Orders. Firstly, failing to provide the docs ordered to disclose (just double check that they can't argue that what they have supplied is complying with the Order). Secondly, in not paying your costs is contempt of court and I believe that whilst they continue to withold payment of costs awarded against them, they are unable to move further forward with the case. The non payment of costs issue should ensure you again get an Order in your favour for costs of the Application.

R

[gh2008]

Yep, RWR has written what I should have done before. Perfect explanation

[pigland]

Hi all, thank you for sharing your thoughts,

 

Here is what I’m looking to put on the N244 Application Notice to strike out the claim.

 

The Claimant has failed to comply with the Order made by District Judge xx made on xx xxxx 2010 and yet again by District Judge xxxx on xx xx 2010 at xx County Court in that;

 

1. The claimant has not filed a legible copy of the credit agreement that complies with the Consumer Credit Act 1974 and all subsequent regulations.

 

They have supplied some later copies of MBNA’s terms and conditions. They do not form part of the original agreement. They are of a different font, size and style, the terms are not contained within the four corners of a signed agreement.

 

2. ‘A full and complete statement of account including all payments made and charges applied covering the period beginning with the day of the making of the agreement and ending on the date of the commencement of this case’.

 

The documents filed with the court on the xx xxxx 2010 included no more than the same incomplete set of copy statements previously disclosed by the Claimant. The statements supplied commence in 2008 with a carried forward balance. The claimant has not supplied strict proof of all sums claimed.

 

3. Proof of service of a Notice of Assignment by the original creditor has not been supplied as ordered.

 

4. The default notice supplied by the Claimant in response to the orders of the Court and dated Friday x xxxx 2009 does not comply with state legislation here and is invalid as it does not allow service in line with the statutory requirements. 2 working days were required to allow for 1st Class postage. Thus the Rectify date should be 14 calendar days from Wednesday xx xxxx 2009, namely Wednesday xx xxxx 2009, not the xx xxxx 2009 as stated in the Default notice.

 

5. The Claimant has failed to provide Proof of service of the Default Notice as ordered. Therefore it must be further assumed that the rectify date be even later.

 

The failure of the claimant to supply documents above means that the Claimant has no right of action in this case. In addition, the Claimant’s failure to issue a valid Default Notice that would make any termination of the Agreement unlawful, must surely prevent a right of action.

 

6. Finally, the Claimant has not paid my costs as previously ordered by District Judge xxxx on x xxxx 2010.

 

It is submitted that the Defendants non-compliance creates a significant imbalance between the parties, which I believe to be contrary to the overriding objective. In light of the Claimant's failure to comply with the Order of District Judge xxxx on xx xxxx 2010 and then District Judge xxxx on the xx xxxx 2010, I respectfully ask the Court to strike out the Claimant's statement of case.

 

I’m considering removing; ‘It is submitted that the Defendants non-compliance creates a significant imbalance between the parties, which I believe to be contrary to the overriding objective’.

 

Could I improve the above order and do I ask here for Strike -Out application costs to be awarded?

 

On the Court Application Notice;

 

Question 5) It asks how I would like the application dealt with; x at a hearing x without a hearing x at a telephone hearing

 

I think the best route would be to without a hearing…Any thoughts?

 

Question 10) What information will you be relying on, in support of your application?

 

x the attached witness statement

x the statement of case

x the evidence set out in the box below

 

I believe I need to write a witness statement;

 

Witness Statement By Miss D. Screet

 

With reference to the order made by District Judge xx made on xx xxxx 2010 and yet again by District Judge xxxx on xx xx 2010 at County Court, the Claimant has failed to provide those documents as ordered.

 

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

 

A full and complete statement of account including all payments made and charges applied covering the period beginning with the day of the making of the agreement and ending on the date of the commencement of this case have not been received as ordered.

 

No Proof of service of a Notice of Assignment has been supplied as ordered.


 

The amount of arrears stated in the Default Notice has not been substantiated.

 

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



 

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

 

The Claimant has not paid my costs as previously ordered by District Judge xxxx on x xxxx 2010.

 

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

 

Signed …..................

 

 

Date ….....................

[gh2008]

you could add after "the terms are not contained within the four corners of a signed agreement" ' nor is there any link in the agreement to those additional terms and conditions'

 

Which is perfectly true if the T&Cs are not contemporary with the agreement.

[pigland]

Thank you GH,

 

That is a good point.

 

Thanks to you and others; even though it is serious I'm now enjoying this!

 

Kind regards,

 

PL

[RobinWayRobinme]

What you wrote first in same post would be your statement of case or witness statement re question 10

R

Question 10) What information will you be relying on, in support of your application?

 

x the attached witness statement

x the statement of case

x the evidence set out in the box below

 

I believe I need to write a witness statement;

 

[pigland]

Hi all,

 

As per previous posts put in a Defence, within the Defence I requested the Claim be struck out (Howard Cohen would have seen this). The Court then wrote to me and pointing out that if I required to apply for a strike -out then I would have to put in an application. I then put in an application for a Strike-Out (without a hearing) on the 24 August (post 184).

 

I have now 'Spookily' received at my PO Box some correspondence from Howard Cohen and a cheque for my costs.

 

The letter they sent was dated 21 Aug, the Cheque was dated the 23rd and the post date was the 24th.

 

The letter from Howard Cohen;

 

Re; CL Finance v xx

Claim number; xx xx

 

We refer to the above matter.

 

In particular, we acknowledge receipt of the defence you have filed in this matter.

 

Please find enclosed a copy of the Original Credit Agreement including up to date Terms and Conditions, all available statements of Account, Default Notice, Deed of Assignment and Notice of Assignment.

 

We also enclose a cheque for £xxx.00 as per the order of District Judge xx dated xx xx 2010, we apologise in the lateness of this as we had not been provided with the correct PO Box for you.

 

We trust this is in order.

 

I feel the letter they have written will be sent to the court and may mislead. The documents they sent are no different to those that they previously sent to the court, they are still incomplete as per the Strike-out application.

 

I already put in an application for a strike-out without a hearing, one of the reasons for a strike-out was because they hadn't paid my costs.

Q 1) As they've now paid my costs will this mean my Strike-out will be thrown out?

Q 2) Shall I now write to the court and say since the Strike-out application they have now paid my costs but supplied nothing new?

 

I previously put in a Defence, within that Defence I mentioned the Claimants hadn't paid my costs.

Q 3) Do I now need to ask the Court for permission to amend my Defence or do I just amend?

Q 4) I Still haven't written a Witness Statement for that Defence so do I hold on for the Strike-out?

 

Any thoughtsor answers appreciated.

 

Kind regards,

 

PL

[barrowby]

Subbing....think I might need some of the great advice on this thread!!

[pigland]

Hi all,

 

I have rung the Court and it appears that the Strike-Out hearing has been adjourned to the day of the hearing.

 

I have still not submitted a Witness Statement!

 

As per post 188;

 

'I have now 'Spookily' received at my PO Box some correspondence from Howard Cohen and a cheque for my costs'.

 

Q1) Do I now need to write a Witness Statement based on my previous Defence but omit in the WS the costs aspects as they have now paid these?

Q2) Or do I need to amend the Defence as they've now paid the costs?

Q3) As these costs are now paid shall I now change the Strike-Out application or send in another?

 

It's a big big learning curve! It's great to see others learning and benefitting from it too (Welcome Barrowby etc)!

 

Kind regards,

 

PL

[citizenB]

TBH, I am not sure what you need to do in regards of this. However, if it were me, then yes I would add to your Witness statement that the cheque arrived after the date it was supposed to. What do they mean by the correct PO box hadnt been given to them. Have they not provided other information to the correct box number ?

 

When do you need to have your statement in by ?

[citizenB]

might be worth stalking gh2008, bazaar and RWRM, I see they have been helping out

[pt2537]

was it the statement for the strike out?

 

did the court give reason why it was adjourned?