Claim Form - arrow global/HBOS CC. *** DISCONTINUED ***

[mooshy]

Sorry this is better-makes sense now i hope x

Hows this so far in box 10...........

 

On 6th July, following service of the Claim Form in this case, I wrote to the Claimant's Solicitors requesting inspection of documents mentioned in the Particulars of Claim pursuant to CPR 31.14.

I also wrote to the originators (Halifax) enclosing a Subject access request and included the ten pounds required fee.

An extension to 20th July for filing my defence was agreed and confirmed in writing.

A copy of this confirmation, marked "B" is attached.

On 14th July i contacted the claimants solicitors for verbal confirmation that the requested documents were going to be made available to me within the requested timescale . The solicitor informed me that he was sorry but they still had not received the requested documents from the originators and would be passing the case back to the originators.I asked for this in writing and received another letter which i have attached marked " C ", stating the required information had been requested from their client again and would be provided to myself uopn receipt by themselves. They also asked me for more time to do this and put the file on hold until 12th September (8 weeks ).

On September 7th i contacted the solicitors again not having received the documentation. I was told that once again the originator had failed to provide the requested information . I was told they would contact the originator and get back to me by the end of the day. I have heard nothing and the 8 weeks I agreed to allow the claimant more time to gather the information has now again expired. It appears they have issued the claim without being in possession of the documentation. They stated that they had referred back to their client on several occasions and the information would be provided when they received it, and that no further action would be taken until they are able to respond. The documents sought by my request are essential for the proper preparation of my defence and the determination of the claim and CPR 31.14 affords me a right to inspect those documents. I am concerned that the claimant`s continuous requests for extending the time frame, for now almost 3 months, puts me at risk of a default judgement without having the opportunity to defend myself.

[citizenB]

That looks ok to me mooshy

[mooshy]

Thanks citizen b.

Do you happen to know how much I need to send with it all as heard 45 someone else paid 60 and another 75 x

[AndyOrch]

Don't over do it Mooshy its an application not a Defence, try to steer away from saying without the relevant paperwork you are unable to provide a defence because a lot of DJ,s and Claimants will pounce saying " A worthy defence shouldn't need to rely on paperwork ".Be Careful.

 

Andy

 

Its £45

[mooshy]

thanks Andy.

should I really make it a lot more brief.

I,m sending it today .

[AndyOrch]

IMHO yes an application is to request the Court to order something to happen in your case, not to be used as a defence.The more detail you go into the more the Claimant as to pick over.By all means give a brief outline and why you are having to make application, the Claimants non compliance.

Remember you are requesting documentation to clarify points, not to build a defence upon. Turn it round as to why the Claimant needs to disclose IE to verify they have a right to pursue, collect and enforce.

 

Regards

 

Andy

[mooshy]

Right Oh Andy i`ve made some changes.There extension is up end of working today-should i fax a copy of n244 to Northampton ccbc and if so i cant find a fax no. anywhere does anyone have the best one available ?

Otherwise i`ll send 1st class guaranteed signed for ect and i take it i just buy a postal order and enclose it with the documents-do you have to make a PO out like a cheque

[AndyOrch]

PM h197 hes just doing his Claim by DCA now at litigation stage - Any help welcome please...?

 

Regards

 

Andy

[mooshy]

Thanks Andy.

Court have taken my 45 over phone and given me a fax to fax through and will also send

 

Pls can you confirm or otherwise.. 1 original n244 plus all supporting documents plus 3 copies of everything incl application so 4 altogether ?

[mooshy]

All done !

Faxe paid AND hard copies sent.

Phew

Thanks folk for support.

[caro]

Well done mooshy. Good luck.

[mooshy]

Grrr- update-got random letter from claimants granting me another 28 day extension !

Court have sent back my n244 (taken my money ) saying-----we are returning your n244 application to you as you need to state in section 3 on your form the order that you are applying for, ie, to strike the claimout. Please ammend and return this to us.

 

In box 3 i put ..... Please see attached marked " A "

Attached form A clearly states

 

An order that ..... bla bla (not literally ) ...1) the agreement

2) the default noticeand £ ) the assignment the claim shall stand struck out ect ect..

 

I had to put it on an attached form A because it would not fit into the box !!!

I rang the court and the lady was adamant i needed to state what order i wanted in the box.

Should i just condense it even more -a child could interpret my n244 i thought these folk at the court were able to read??????

[AndyOrch]

Condense and state see attached. Unbelievable!!!

 

Andy

[mooshy]

So what do i actually do.

I have the completed and returned n244 in front of me.

They are telling me to write something in box 3.

In box 3 because i couldnt fit it all in it clearly says - see attached marked " A ".

Attached form "A" clearly atates what i am asking them for.

They say reurned the original form stamped that i have paid which means i have to return this form-

so do i hand write a few words just saying something like --- an order to compky with my original CPR request, the original agreement , strike out and attach form " A" again anyway ?

[mooshy]

bump x

[citizenB]

mooshy, andyorch is online at the moment.. send him a private message and ask him to look in and clarify for you

[caro]

Are you able to go into the court mooshy? It might be easiest if you can and ask them what they want. Explain that you can't get all you need to in the box so you thought the attachment was the best thing. Ask how they suggest you do it?

[mooshy]

Hi everyone. . .update.

letter arrived this morning Fromm Northampton CCBC as follows :

Before DJ xx sitting at Northampton CCBC County Court

On 12/10/11

the judge orders that :-

The claimant do comply, within 7 days of service of this order, with a request made by the Defendant on 7th July 2011 pursuing CPR 31.14' by providing to the defendant the documents mentioned in the particulars of claim1. The Agreement2 The default notice and 3. The Assignment

 

This order has been made without a hearing under the courts case management powers contained in the civil procedure rules part 3

You may within 7 days of the service of this order, apply to set aside or vary the order under part 23 rule 10

you must file with the court and serve on the parties an application that sets out your reasons for the objection.

A fee is payable upon the filing of the application.

 

So. . . , does this mean I have to pay ANOTHER 45.00 and do another n244 to now have it set aside ?

letter only arrived this morning and 7 days from date of service is up ??

is this good ?

Does this mean I have mission almost accomplished ? I just want to avoid a CCj registered and agree then to payment ?

thanks everyone x x x

[caro]

I don't see why you would want to object to this order. I believe that it's what you wanted, Unfortunately the order doesn't say what will happen if the claimant doesn't comply, but if you don't get the agreement, default notice and assignment in the next 7 days I suggest that you let the court know by letter that they haven't complied and ask for the case to be struck out. I THINK you may get away with a letter for this and not another N244.

 

Let's see what happens in the next 7 days though .....

[mooshy]

Thanks for your reply Caro.

I think the 7 days are up.

the date on top of letter is 12 and date of issue of order is 14 which at the latest would be 21 st or Fri ?

thanks again.

[caro]

I'd give it until Monday and then contact the court. You could try ringing them first to check if a letter advising that the claimant has failed to comply with the court order and asking if the claim can be struck out would be adequate.

[AndyOrch]

As Caro states, If they haven't complied by yesterday I would assume the DJ/Court will strike out of it own accord, at no cost to yourself.Make sure you prompt the Court though.

 

Andy

[Undercover-Elsa]

So far so good Mooshy. It's what we were hoping for.

[mooshy]

I know-well pleased today !

So if i am successful and the claim is struck out could they start the whole thing all over again with ANOTHER ccj ?

Could i potentially turn this around and actually somehow claim back misold PPi which i`m sure i had ? They still havent come up ith CPR though so i dont even know when the last payment was made or have any history ?

x

[AndyOrch]

Have you checked with the court Mooshy?

 

Andy