Freds/Carter claimform - Monument Card 'debt' ***Claim Struck Out****

[Upsetandfrustrated]

Thank you to everyone for their help. I am really grateful. I have lodged this with MCOL

 

I, XXXXXXXXXXXXXXXXXX am the defendant in this action and make the following statement as a defence to the claim made by Arrow Global LLC, 5996 W Touchy Avenue, Niles, IL, 60714 USA.

 

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

 

3. The Defendant notes that the Claimants' claim is not fully particularised and offers no cause for action and is thus eligible for a strike out under CPR 3.4.2 (a).

 

4. I deny ever having applied for or operated an account with Arrow Global

 

5. The Claimant as failed to disclose appropriate documentation to support the Particulars of Claim, requested under CPR 31.14, which leaves the Defendant at a disadvantage and unable to plead

effectively or at all.

 

6. The Defendant denies that they are indebted to the Claimant for the sum of £XXXXXX and puts the Claimant to strict proof of this sum.

 

7. As the Claimant has not provided proof of the debt or the sums claimed the Defendant denies the Claimants claim for interest pursuant to s.69 of the county court Act 1984.

AND the Defendant;

 

8. Seeks an order that the Claimant’s action is struck out under CPR 3.4.2 (a), or otherwise dismissed, on the grounds that any claim cannot succeed and that the Claimant do pay the Defendant’s costs incurred in defending this action.

 

Now, I have logged the time I have spent on this. I had to buy an ink cartridge £8.92 and paper £1.18 for the printer, I sent them two letters, both recorded @ £1.15 each, I have made three trips in the car for the ink/paper and post office (PO twice) which is 20.8 miles (I live in the country) I have logged 9 1/2 hours researching it and the CPR rules on various sites (plus the time on now). Do I ask for the court to award these costs or how do I go about working the amount out?

 

I am sorry to be a pain, but without the funds for a solicitor, I cannot afford legal advice for it.

 

Thank you all again.

[gh2008]

just keep a spreadsheet with it all on.

 

NGEddie has a good thread that eventually dealt with a claim for wasted costs.

http://www.consumeractiongroup.co.uk/forum/showthread.php?237396-N150-assistance-needed-please-%2A%2AWON%2A%2A

 

it's towards teh end.

 

BUT you've probably got a way to go yet (unless you are *really* lucky and the DJ strikes it out or they discontinue early

[Upsetandfrustrated]

OK, just an update and I am worried about this letter that I had in the post today.

 

I sent BCC the CPR letter and now they have responded.

 

 

Does this mean it will now go to trial? They will not even give me the copies of the CCA or other documents.

 

This is a copy of my defence that I lodged with the Northampton CC.

 

 

1. I, XXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXX am the defendant in this action and make the following statement as a defence to the claim made by Arrow Global LLC, 5996 W Touchy Avenue, Niles, IL, 60714 USA.

 

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

 

3. The Defendant notes that the Claimants' claim is not fully particularised and offers no cause for action and is thus eligible for a strike out under CPR 3.4.2 (a).

 

4. I deny ever having applied for or operated an account with Arrow Global

 

5. The Claimant as failed to disclose appropriate documentation to support the Particulars of Claim, requested under CPR 31.14, which leaves the Defendant at a disadvantage and unable to plead effectively or at all.

 

6. The Defendant denies that they are indebted to the Claimant for the sum of £2028.29 and puts the Claimant to strict proof of this sum.

 

7. As the Claimant has not provided proof of the debt or the sums claimed the Defendant denies the Claimants claim for interest pursuant to s.69 of the county court Act 1984.

AND the Defendant;

 

8. Seeks an order that the Claimant’s action is struck out under CPR 3.4.2 (a), or otherwise dismissed, on the grounds that any claim cannot succeed and that the Claimant do pay the Defendant’s costs incurred in defending this action.

 

 

Any suggestions to move forward with this would be great.

Edited August 26, 2010 by Upsetandfrustrated
Left my name on the letter (note to self - Idiot!!!!

[gh2008]

well, all I would say is keep a good record of your expenses are time spent.

[gh2008]

Being serious now, BC are even confusing themselves between their client (i.e. Arrow based in the USA) and the original creditor.

 

IF they manage to sort the mess out, you still have a rock solid defence Monument and Arrow are in default of the S78 requests, they are also in default of S86©

 

They are possibly correctable, but then without a valid CCA you will deny that there was ever an agreement that complied with S61(1) and without proof they cannot enforce.

[tastethediff]

Just a quickie USAF, You have deleted their reference but left your name on the letter, was that intentional?

[Upsetandfrustrated]

No, it wasn't

 

I am in such a tiz over this. Can anyone tell me the next step? Will the court just throw it out. Do I have to go to court over this? What should I do? A step by step list if anyone would not mind. If I win, can I then make a complaint over their conduct and hopefully help others, like you kind people have helped me?

[Upsetandfrustrated]

Oh, the sum I deleted from their letter was a couple of hundred pounds over the figure in the POC

[tastethediff]

See the letter has been amended now!!! I wouldn't panic too much USAF, if they cannot prove that A) an agreement was signed, B) How the debt was acrued and C) that they own the debt, they have not got a cat in hells chance of winning the claim!!!

[gh2008]

Ok, the next step is a really important one and one that should not be missed out or the deadline overlooked......

 

 

Chill out, relax and enjoy the long weekend.

- seriously the wheels turn slowly so just chill you are in the driving seat now.

[Bazooka Boo]

BC at his most foolish incompetent state.

[Guest]

BC at his most foolish incompetent state.

 

it's incredible how BC can say that your CPR request is unreasonable!! as Gh says, enjoy the bank hol weekend.

[Guest]

IMO. a further thought. you could apply for a strike out following their failure to comply with CPR 31.14 (also, a copy agreement/original is required at some stage re a ct claim involving an alleged written agreement (Practice Direction 7.3)). if successful, you cld then apply for 'judgement' under CPR 3.5?

[gh2008]

yes, an application will be the next stage. But there is no rush.

 

Let the OP enjoy the weekend

 

and we need to be careful about requesting a copy of any agreement.

 

the op never applied for or ran an account with the claimant as stated in the poc.

there is not, and never was an agreement between the op and the claimant .....

[Guest]

 

(was just trying to help reassure OP who said that they were 'in such a tiz', and that they wanted to know poss 'next step'! (post #57))

Edited August 28, 2010 by Ford
typo

[Upsetandfrustrated]

I have enjoyed weekend and would really appreciate any help at all with the next stage. I am I correct in interpreting that their letter basically says we don't have to give you any information, we want to get this into court? If so, I gather from what all you helpful people have said, they are in breach. I suppose if I try to get them to strike it out, they will just come back at me with the right details on another court summons? Thing is, I have requested the agreement, they did not provide it, so I sent them a failure notice putting the account into default.

 

What is the next step? Also, Northampton is over 80 miles away can I not get the hearing at my local court?

[gh2008]

If you make a Strike Out application (and I think you should) then the hearing would be at your local Court and the other side, going by their track record, will withdrawn the claim before the hearing. You then put in for what's called a 'wasted costs' and end up with a cheque from the other side.

 

The case will be transferred to your local Court anyway as you have put in a Defence.

IMHO best to wait till you get notification of the transfer and then put in your application.

[Upsetandfrustrated]

Thank you very much. I will try and find the wording for a strike out application?

[gh2008]

Check this recent thread http://www.consumeractiongroup.co.uk/forum/showthread.php?263672-Hillesden-Securities-Aplins-and-a-CCJ&p=3101231&viewfull=1#post3101231

[Upsetandfrustrated]

Last week, I received an allocation questionnaire with a date. My hubby is desperately ill, so have been sidetracked a bit. I intended to deal with this and other stuff at the weekend when his mother came around to look after him and give me some rest bite. I started composing this at 4am this morning as I woke up with worry.

 

Bryan Carter & Co have not given any reply, so I am confused as to the response. Do I want this to go to fast track or as the other thread suggests. I have seen the other thread. Do I put in a N244 as below?

 

N244

1. Their name

 

2. My Name

 

3. An order that this claim be struck out under CPR 3.4 (2a, 2b) as the Particulars of Claim

have not been sufficiently particularised to enable the defendant to understand what charges he has to answer & the Claimant has not responded to requests made by the Defendant that they submit an amended Particulars of Claim nor have they responded to the Defendant's requests made under CPR31.14 on the 19th August 2010. And the claimants response that they do not have to comply to CRP31.14 on the 25th August 2010.

 

4. Draft Order

 

1. This claim is struck out under CPR 3.4(2) by order of the court

 

2. The Claimant shall pay the Defendant his costs of this case to be assessed on the standard basis and pursuant to the provisions of The Litigants in Person (Costs and Expenses) Act 1975.

 

5. No hearing

 

6. & 7 to be left blank

 

8. District judge

 

9. Bryan Carter & Co

 

10. (I have used what I put in the MCOL )

 

The claimant sent the defendant a particulars of claim dated 26th July 2010. I neither admit nor deny any allegation made in the Claimant’s Particulars of Claim and put the Claimant to strict proof thereof. The Claimants' claim is not fully particularised and offers no cause for action as the defendant denies ever having applied for or operated an account with Arrow Global. The defendant sent to the Claimant a request under CPR 31.14 on the 11th August, by recorded delivery that was received by the Claimant on XXXX. Proof of receipt is attached by Royal Mail delivery Receipt (item 1) and as acknowledged by the Claimant in their correspondence dated 25th August (item 2). The Claimant has failed to disclose appropriate documentation to support the Particulars of Claim. The claimant did not comply with the request which leaves the Defendant at a disadvantage and unable to plead effectively or at all. The Defendant denies that they are indebted to the Claimant for the sum of £XXXXXX and put the Claimant to strict proof of this sum as requested in the letter the them under CPR 31.14 on the 11th August . As the Claimant has not provided proof of the debt or the sums claimed the Defendant denies the Claimants claim for interest pursuant to s.69 of the county court Act 1984. the Defendant The defendant is seeking an order that the claimants claim be struck out pursuant to CPR3.4 on the grounds that their statement of case discloses no reasonable grounds for bringing the claim.

 

The defendant seeks an order pursuant to the above stated grounds and knows of no reasons why the disposal of the claimant's claim should progress to trial. Should the claimant wish to rely on written evidence at the hearing he must file the witness evidence at court and serve witness evidence on the defendant at least 7 days before the hearing of this application."

 

Or do I answer the Allocation questionnaire to that needs to be in on Monday (I know I am late). This has been allocated a small claims track. I am unsure. I actually thought a Judge would have looked at all this and struck it out as requested in my defence.

 

Any help is much appreciated.

 

S

[gh2008]

Don't send that yet - it needs work.

Busy right now, but I will be back later today (maybe this evening to help)

 

If others can chip in great.

The Order for SO and/or SJ needs to be clear that the defendant has never applied for, operated or had in any way an account with the claimant.

No paperwork

No cause of action

Actions by the claimant are unfair CPUTR

 

Draft Order

Claim is struck out

OR summary Judgement is entered against the claimant

Costs are awarded to the defendant

 

if that doesn't make sense - don't worry they are notes for me (and anyone else who can help)

[Upsetandfrustrated]

Hi sorry, I forgot to put down that the Allocation questionnaire needs to be in by today's date. Will they extend that?

[tastethediff]

Hi USAF,

 

I'm getting the same from Capquest, have received nothing under CPR 31.14 and had to fill on AQ last week.

 

I was advised to send this,

 

i sent this to the court

 

Section G - other information

 

If the court is in agreement, the defendant respectfully requests that special directions may be given as per the attached draft order.

 

The defendant proposes these directions in mind of the Overriding Objectives, and in particular the duty of the parties to help the court further them. The issues outlined below are the crux upon which this claim rests, and the proposed directions identify these issues and will allow them to be assessed in advance of the hearing so that this claim may proceed justly and expeditiously;

 

Without production of the requested documents (Made via a formal request to CL Finance Limited on the XXth July 2010 and another request made under CPR 31.14 to CL Finance Limited on the XXrd August 2010),

(ammend to suit)

1. The agreement:

 

2. The assignment:

 

3. The default notice:

 

4. The Termination Notice

 

I am at a disadvantage and am unable to serve a proper defence. Failure of the claimant to supply the requested documentation will make the case much harder for the court to deal with as without production of the requested documentation, will inhibit the courts ability to deal with the case

 

It is a straight forward case and is easily resolved on production of the required documentation by the claimant, should the claimant not have the documentation required to progress this case. I suggest that there will be no case to answer

 

Therefore it stands to reason that these documents must be disclosed before this case can progress any further

 

DRAFT DIRECTIONS

 

In the XXXXXXXXX county court

Claim number XXXXXXXXXX

 

Between

 

CL Finance Ltd - Claimant

 

and

 

Tastethediff - Defendant

 

 

Draft Order for Directions

 

1. The Claimant shall within 14 days of service of this order file and serve the following:

 

A. Copies of the Credit Agreement and any documents referred to within it which complies with the consumer Credit Act 1974 and all subsequent regulations, which the claimant seeks to rely upon

 

B. Default Notice compliant with s87 (1) Consumer Credit Act 1974 and Consumer Credit (Enforcement, Default and Termination Notices) Regulations 1983 (SI 1983/1561) as amended,

 

C. Notice of assignment, with proof of service of the same compliant with s196 of the Law of Property Act 1925.

 

D. Copies of any statement or other document relied upon

 

2. If the Claimant fails to comply with this order,

The claim will be struck out without further order.

 

A. If the Claimant does comply with this order,

The Defendant shall within 14 days thereafter file and serve an amended defence sufficiently particularised in response to the documents supplied by the claimant.

 

 

From experience it is best to always get the required docs in on time.

 

thanks

 

TTD

[gh2008]

IMHO I would NOT submit the AQ, but instead submit an N244 for Strike Out and Summary Judgement against them if necessary tomorrow, or even teh day after

 

Not ideal, but much better than an AQ in the long run ....

[Upsetandfrustrated]

OK, thanks for everyone's, help, particularly gh2008. Will I be OK to submit the N244 tomorrow?