HELP! - I have got claim form from Horsham County Court via Credit Corp Services P/L & Stevensdrakes

[AussieBloke]

Ok guys,

 

This is would I have put together.

 

With regards to responding to County Court - I would say that I wish to contest the courts jurisdiction -

 

a) because of the court's location to where I live

 

b).I have been advised that this case should be defended under Australian Consumer Law per Australian Securities and Investment Commission

 

c). that I have been advised that the case has passed its date of statute of limitations.

 

 

So therefore I will just complete the "Acknowledgement of service" form and tick the box on no.3 for "I intend to contest jurisdiction" with my contact details, DOB and signature and post it. Is that's all? When will I be able to tell them about that its under Oz law, statute barred, etc?

 

I think after that I will need to find someone who is a lawyer with expert for consumer law etc in case I get flipped at the court. Do you have any recommended lawyers that I should consider to hire?

 

Once again, thanks.

[AndyOrch]

Procedure for disputing the court’s jurisdiction

 

11

 

(1) A defendant who wishes to –

(a) dispute the court’s jurisdiction to try the claim; or

 

(b) argue that the court should not exercise its jurisdiction

 

may apply to the court for an order declaring that it has no such jurisdiction or should not exercise any jurisdiction which it may have.

 

(2) A defendant who wishes to make such an application must first file an acknowledgment of service in accordance with Part 10.

 

(3) A defendant who files an acknowledgment of service does not, by doing so, lose any right that he may have to dispute the court’s jurisdiction.

 

(4) An application under this rule must –

(a) be made within 14 days after filing an acknowledgment of service; and

 

(b) be supported by evidence.

 

 

(5) If the defendant –

(a) files an acknowledgment of service; and

 

(b) does not make such an application within the period specified in paragraph (4),

 

he is to be treated as having accepted that the court has jurisdiction to try the claim.

 

(6) An order containing a declaration that the court has no jurisdiction or will not exercise its jurisdiction may also make further provision including –

(a) setting aside the claim form;

 

(b) setting aside service of the claim form;

 

© discharging any order made before the claim was commenced or before the claim form was served; and

 

(d) staying(GL) the proceedings.

 

 

(7) If on an application under this rule the court does not make a declaration –

(a) the acknowledgment of service shall cease to have effect;

 

(b) the defendant may file a further acknowledgment of service within 14 days or such other period as the court may direct; and

 

© the court shall give directions as to the filing and service of the defence in a claim under Part 7 or the filing of evidence in a claim under Part 8 in the event that a further acknowledgment of service is filed.

 

 

(8) If the defendant files a further acknowledgment of service in accordance with paragraph (7)(b) he shall be treated as having accepted that the court has jurisdiction to try the claim.

 

(9) If a defendant makes an application under this rule, he must file and serve his written evidence in support with the application notice, but he need not before the hearing of the application file –

(a) in a Part 7 claim, a defence; or

 

(b) in a Part 8 claim, any other written evidence.

 

Regards

Andy

[AussieBloke]

Thanks Andy.

 

When it says "(b) be supported by evidence" - am I right that I only just send the acknowledgement of service form now but I do not send with my addition papers for evidence or reason of why until they have received my "acknowledgement of service" paper only in order for them to send me further information and forms where I can complete to give evidence / explanation?

 

Not sure if I am making this clear to you?

[AndyOrch]

14 days after your AoS you make application (N244) with your evidence.

 

Andy

[AussieBloke]

14 days after your AoS you make application (N244) with your evidence.

 

Andy

 

Thanks Andy!

 

I understand the impartiality on this forum - wondering if possible for me to ask here - is there list of contacts for recommended lawyers to hire specifically in this area of case please? What's the best way to to find them around London / West London?

 

AussieBloke

[AussieBloke]

14 days after your AoS you make application (N244) with your evidence.

 

Andy

 

 

Hi Andy,

 

OK I have the N244 form and here are my draft in completing the form - are they satisfactory and sufficient? Any comments or suggestion is welcome.

 

======================

 

Name of Court ----- Horsham County Court

Claim No. ---- XXXXXX

Claimants name ---- Credit Corp P/L

Defendants name ---- AussieBloke

Date XXXXX

 

1/. My name

 

2/ Defendant

 

3/. Order that the Court should not exercise any jurisdiction it may have.

 

Reasons: The claimants demand is for an unsubstantiated unsecured debt incurred in Australia on an Australian bank's credit card for purchases in Australia by the defendant who is an Australian citizen. As a consequence English Law should not apply.

The claim should be dealt with under Australian Law where in fact it would be considered a Statute Barred debt. Under the provisions of the Australian Securities and Investment Commission's Act 2001 the unsubstatiated debt would be deemed lapsed.

 

4/. No

 

5/. Without a hearing

 

6/ (leave blank)

 

7 (leave blank)

 

8/ Not known

 

9/ Necessary parties

 

==================

 

 

Cool?

[AndyOrch]

Very Cool Aussie well done!.

 

Andy

[bazaar]

Is the wording at 3 correct? something like it is ordered that the court does not have juristiction.

I'm of the mind to tell a judge what he/she can and cant do, but thats me and it might pee them off a little

[AndyOrch]

Is the wording at 3 correct? something like it is ordered that the court does not have jurisdiction.

I'm of the mind to tell a judge what he/she can and cant do, but thats me and it might pee them off a little

 

 

No Baz i see your point but its just the way it reads. IE That is the order being requested.

 

Andy

[creditcorptrouble]

Howdy - for the sake of us all, what was the outcome of this?

[AussieBloke]

Howdy - for the sake of us all, what was the outcome of this?

 

Hi there, I am still here and I will get back to you all guys with latest update of what's happening at my end. In short - I have court case with them - Hearing is in January 2012 *sigh*!

 

Be back to you later.

[creditcorptrouble]

Glad to hear you're keeping up the battle. Keep us all up to date (even if it's bad news) so we can proceed on a united front.

[AussieBloke]

Hi supporters, Just a quick update you guys - I am still here and I have stopping commenting on this forum for the time being until the the hearing. However ever since I have been using lot of private messages via this CAG (very grateful to have these great people in CAG!) because Stevendrakes (hello!) have been watching and reading this forum as they have stated. Catch later and keep it up! AussieBloke

[natashacat]

Hi Aussie,

Any more info?

They are hounding me now.

http://www.consumeractiongroup.co.uk/forum/showthread.php?335646-Stevensdrake-Solicitors-and-Credit-Corp-pty

Edited February 5, 2012 by natashacat

[AussieBloke]

Hi natashacat, I have just read your forum and you have been given great advices from these same good people who have helped me and followed their advice. Yours better than mine with regards to time remaining left to be status barred. I have made steps to with complaints to Aussie FOS / ASIC and postponed the county court in the UK. Just simply ignore the greedy idiots by Stevesdrakes / credit corp correspondences - just never reply nor answer them - they have broken rules in different books and they are known to be "one of worse offenders" in Australia by the ASIC. The fact is they - the Aussie bank or credit card companies or whatever have already written off as bad debts but they only just sold to the fool Credit Corp for lower value to minimise their lost and Credit Corp just try their luck in making profit by trying to get money off from you for full value and even they also created their own interest charges monthly which is rubbish. A waste of time and unfortunately there are some people got fooled and ended up paying to them when they don't need to do it. My case is on-going as its complicated and FOS is in process and have hearing in next month. I can't really put too much details at this moment in this public forum since Stevesdrake have been reading and watching these forums. Once it is over and completed - I will make full report and story for all to learn and to take advice.

 

Cheers,

 

AussieBloke

[creditcorptrouble]

It does seem that those debts that are very close to limitation simply either get issued immediately, or if the documentation is flaxy Stevens Drake try it on hoping for a payment or acknowledgement. After all, if they had a strong case with paperwork to back it up, they'd just come after you wouldn't they?

[creditcorptrouble]

Yes be aware that the NSW courts have pre-judgment interest set by statute, so as soon as proceedings are issued the rate should drop down - see:

 

http://www.lawlink.nsw.gov.au/lawlink/local_courts/ll_localcourts.nsf/pages/lc_legalresources#Interest%20Rates

 

Obviously if they seek to apply Australian law in the UK then the rules concerning interest also apply. If Stevens Drake are seeking to do otherwise, I would complain to the Law Society. Note that interest rates and conditions vary from state to state.

[Rebecca H]

Hi there,

could you let me know what the outcome has been for you? Your case sounds very similar to mine. Unfortunately I sent back my AOS without ticking the jurisdiction box. I only found this forum after I had done that which is very upsetting!

Thanks Rebecca