Received Court Papers From HFO. Is My Defence Okay?

[witpig]

Thanks for your info SG. I agree, whilst I have no legal background I am a fast learner and my gut feeling is that this is a bluff in order to scare people into paying. My defence is basically saying that I have made CCA, default notice and deed of assignment requests which have been ignored - both via an original CCA request before court proceedings and to a CPR 31.14 after having received the court papers.

 

Seeing as the POC is deliberately vague and the claimant uncooperative I feel this is a waste of the court's time.

[broken arrow]

There is a guest on today I notice.... hello whoever they are.

 

Defences can be templated but need to be amended to suit the particulars of the case and where you are with relevant documentation,

 

I am beginning to think that we should state that documentation was requested and refused BEFORE it got to the court stage and therefore we are NOT minded to give them time to seek the documents as they should have the documents when they made the claim... therefore as their claim does not have a legal basis it should be struck out and resubmitted with revised particulars when they have the documents. Having the original claim struck out rather than stayed might make them think twice before 'chancing their arm'.

 

What do others think of this approach.

 

13. In view of the matters pleaded above, I respectfully request that the court gives consideration to whether the Claimant's statement of case should be struck out as disclosing no reasonable grounds for bringing the claim, and/or that it fails to comply with CPR Part 16.

 

[sillygirl1]

I have bookmarked that bit as it will be useful in the future. I think this is the way to go with certain claims now, cast doubt on the validity and don't mess around letting the 'solicitors for rent' abuse the system.

[broken arrow]

I might aswell put the whole defence up, maybe as a group it can be improved modified.

 

County Court Claim No

XXXXXXX County Court

Between

************ CLAIMANT

And

*********** DEFENDANT

1. I.....the Defendant in this action and make the following statement as my Defence to the claim made by *******.

 

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. The Defendant is embarrassed in pleading to the Particulars of Claim as it stands at present, inter alia: -

 

4. The Claimants particulars of claim are vague and fail to disclose any cause of action, they appear to be an abuse of the process in that they fail to deal with the basic rules of pleading in accordance with the CPR even allowing for the constraints of the bulk issue system

 

a) 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.

 

b) A copy of any evidence of both the scope and nature of any default, and proof of any amount outstanding on the alleged account, has not been served attached to the claim form.

 

5. Notwithstanding matters pleaded, it is denied that the Claimant has established a cause of action or that the Claimant has a valid claim against the Defendant.

Consequently, it is proving difficult to plead to the particulars as matters stand.

 

6. On the ************, I wrote to ******** Solicitors requesting disclosure of information pursuant to the Civil Procedure Rules, which is vital to this case from the Claimant.

No reply has been received prior to submitting this Defence.

 

 

 

7. The courts attention is drawn to the fact that the without disclosure of the requested documentation pursuant to the Rules, I have not yet had the opportunity to asses if the documentation which the claimant claims to be relying upon to bring this action even contains the prescribed terms required in Consumer Credit Act and that a lawful assignment to the Claimant did occur.

 

8. The Claimant is therefore put to strict proof that such compliant documents exist.

 

9. It is neither admitted nor denied that any Default Notice in the prescribed format was ever received and the Defendant puts the Claimant to strict proof that said document in the prescribed format was delivered to the Defendant.

10. The Defendant avers that it is further incumbent upon the Claimant to serve a Termination Notice before any proceedings are commenced. The Defendant does not admit service of a valid Termination Notice. The Claimant is put to strict proof as to the service, content and validity thereof.

 

11. The Defendant denies that there has been any failure to make payment in accordance with the alleged contract. The Claimant has failed to produce a copy of a credit agreement at all, and in the absence of such an agreement, which conforms to sections 60 and 61 of the Consumer Credit Act 1974, the Defendant avers that no agreement has ever existed for there to have been any failure to make said payment.

 

12. Without Disclosure of the relevant documentation I am unable to assess if I am indeed liable to the Claimant, nor am I able to assess if the alleged agreement is properly executed, contain the required prescribed terms, or correct figures to make such an agreement enforceable by virtue of the Consumer Credit Act 1974.

 

13. In view of the matters pleaded above, I respectfully request that the court gives consideration to whether the Claimant's statement of case should be struck out as disclosing no reasonable grounds for bringing the claim, and/or that it fails to comply with CPR Part 16.

 

14. Alternatively, Should the court order the Claimant to produce the necessary documentation. I will then be in a position to file a fully particularised Defence and counterclaim and will seek the court’s permission to amend my statement of case accordingly.

Statement of Truth

I believe that the facts stated in this defence are true.

I am the Defendant.

Signed and dated

[witpig]

Ok I faxed off my defence and rang to check it arrived okay then a few days later I receive this letter in the post stating that the claimant will have 28 days in which to respond. Their time is just about up so I ring the court today to check and I'm told that actually they have 6 months with which to respond before the case is stayed!

 

Needless to say I'm a bit put out. I've sent them a letter requesting they clarify the date by which HFO are required to respond. Is it normally 6 months you have to wait?

 

[DonkeyB]

The order itself states quite clearly they have 28 days.

 

Your options now are to apply for strike out or wait and see if they apply to lift the stay.

 

That six months bit is nonsense.

[witpig]

Thanks for quick reply. Yeah, I did think it was a bit odd. The woman went off the phone for a few minutes and said she had wanted to double check and that it was definitely 6 months. I think I'll ring again tomorrow and see if someone else says the same thing.

[broken arrow]

You have been misinformed, its 28 days plus 5 for service as your letter states, I make that today, it looks to me like they are not going to respond.

[witpig]

Yeah I made it today too which us why I rang. Annoying when you're given incorrect info that can shove your stress levels up! I've already written, I'll try ringing again too just to see if someone else says the same thing. Cheers!

[broken arrow]

It is 6 months if you did not file a defence and the other side had not applied for default judgement.

[witpig]

Hmm... That's interesting... I hope there hasn't been a cock up somewhere. Thanks for the heads-up, I'll definitely be calling again tomorrow to clarify.

[broken arrow]

Hmm... That's interesting... I hope there hasn't been a cock up somewhere. Thanks for the heads-up, I'll definitely be calling again tomorrow to clarify.

 

You know they,ve received your defence, the letter states that as well as the 28 days, they where probally looking for a default judgement.

[DonkeyB]

Hmm... That's interesting... I hope there hasn't been a cock up somewhere. Thanks for the heads-up, I'll definitely be calling again tomorrow to clarify.

 

There’s nothing to worry about – the court has acknowledged receipt of your defence. There is no chance of a default judgment!

 

I wonder if HFO have realised their split claim cock-up and are trying and back-pedal out? Watch out for them hoping you are ignorant of the law, and launching another claim for the whole amount.

 

I think they know they have self-fornicated.

[FORMISTER]

Where would our lives be without HFO, Eh DB? They certainly keep us entertained

[witpig]

Yes, we must all be vigilant when it comes to the self fornicators!

[broken arrow]

The CAGgers from last summer, who defended these divided claims and got the stay, have only had a few phone calls from India and silly letters offering up to 90% discount. I imagine the people out there who did not find CAG and are going to get a default judgement, will be threated with further action for the full amount, hopefully some will find us.

[witpig]

I've blocked all numbers I don't recognise and haven't received any offers by post, but I must admit if there was an offer on the table that allowed me to pay a small token amount and get the default removed from equifax I'd seriously consider it...

[broken arrow]

Don,t trust them..........

[witpig]

Don,t trust them..........

 

Lol! Yeah actually you're dead right, I'd be mad to accept any offer because I should know from my own experience and those of others that they are prone to lying, getting people to acknowledge the debt and then removing the agreement and using the acknowledgement against them.

 

Don't be a self-fornicator! Never get into bed with HFO!

[coledog]

Don't be a self-fornicator! Never get into bed with HFO!

 

slight contradiction there me thinks!

[witpig]

Hi coledog! Right, well I phoned the court today and I have to say I am a little concerned as to the abilities of the staff there. Yesterday I had the woman who clearly didn't know what she was talking about but I understand we all make mistakes and perhaps she was just having a bad day. Today I get put through to a very snotty woman who's only comment was "It will take as long as it takes." and refused to put me through to a manager or supervisor. Then I get through to a guy who was honest to god a male version of the "Computer says no" sketch from Little Britain.

 

"Hello, has my case been stayed?"

"The computer says no."

"Oh. Well, how come seeing as it has been more than 28 days etc etc?"

"The computer says it hasn't been stayed."

"Okay... well in your experience would you be able to say why that might be?"

"The computer just says no."

"I see. So the computer says no and that's that? There's no possible way to check? Nobody else in the department I could speak to?"

"I don't know. It's not on the computer. Perhaps you could try ringing back after another 28 days."

I hung up.

 

I'm not going to ring again, I'm going to continue eating the pack of mini chocolate doughnuts I bought as a stress reliever.

[broken arrow]

If they have not replied, then it will be stayed, give the courts another week or so and see if you receive confirmation of the stay, worse case scenario and its not bad, is they are continuing the claim for £290 and cannot do a second claim for the balance, but I think you will be OK with this.

[witpig]

Yeah that's true. I'll just take a chill pill and see what happens. Thanks for the help either way

[dadofholly]

Hi coledog! Right, well I phoned the court today and I have to say I am a little concerned as to the abilities of the staff there. Yesterday I had the woman who clearly didn't know what she was talking about but I understand we all make mistakes and perhaps she was just having a bad day. Today I get put through to a very snotty woman who's only comment was "It will take as long as it takes." and refused to put me through to a manager or supervisor. Then I get through to a guy who was honest to god a male version of the "Computer says no" sketch from Little Britain.

 

"Hello, has my case been stayed?"

"The computer says no."

"Oh. Well, how come seeing as it has been more than 28 days etc etc?"

"The computer says it hasn't been stayed."

"Okay... well in your experience would you be able to say why that might be?"

"The computer just says no."

"I see. So the computer says no and that's that? There's no possible way to check? Nobody else in the department I could speak to?"

"I don't know. It's not on the computer. Perhaps you could try ringing back after another 28 days."

I hung up.

 

I'm not going to ring again, I'm going to continue eating the pack of mini chocolate doughnuts I bought as a stress reliever.

 

Ring them and ask them for a copy of their complaints procedure or write to the Court Manager with your complaint.

[broken arrow]

If they have not replied, then it will be stayed, give the courts another week or so and see if you receive confirmation of the stay, worse case scenario and its not bad, is they are continuing the claim for £290 and cannot do a second claim for the balance, but I think you will be OK with this.

 

Any update yet?