Court claim received - Please help

[Jasper1965]

Thanks PGH that's a great start but we must be careful, no default notice was mentioned and the claim is for more than £5,000

[PGH7447]

I know, but the OP will have to amend to fit

[Kasier]

Thanks Jasper i've started my own thread called "IND Court Claim Received" as i can't post links yet.

[Jasper1965]

okay that's great we'll keep an eye on each other. I noticed another very similar IND thread last night it's here. http://www.consumeractiongroup.co.uk/forum/showthread.php?336711-is-it-possible-to-Negotiate-with-the-claimant-their-solitor&p=3706685&viewfull=1#post3706685

[teddi]

Jasper can you please get back to me when you have time of course - thanks

[teddi]

Hi,

 

question - Do you sign CRP Part 18 request???

 

thanks

[teddi]

@ kasier.

 

It would be better if you start your own thread in the legal section, please mention IND in the title.

That's not to say that swapping notes etc. with Teddis case is a bad idea it's just the best way to receive advice particular to your own circumstances as it's unlikely we'll be finding a template defence for Teddi and being totally honest with you I've seen people lose cases they might not have lost because they've fired off internet defences without particularising them to their own circumstances which by extrapolation probably means they didn't understand what they were pleading or why which is like walking into court handcuffed and gagged.

 

If you start a thread then please link to it in here so people can keep in touch and vice versa with Teddi if you could post a "here's my very similar link" in kasiers thread that helps us keep up to speed.

 

Right now Teddi.

Good you've sent the CCA request, you will not be waiting for that to be returned before you hit IND with your requests under CPR (civil procedure rules). there will be two requests made under CPR, I've already got a pretty good idea what you will be asking for but I will not be able to write the requests out for you until late friday or the weekend due to other commitments.

You will be asking for documents and asking for information which the claimant must provide. It is likely that you will catch the claimant off guard in responding with these requests, I certainly would be surprised if they return them within the expected time frame (same goes for your CCA expect a "we must refer to the OC" letter). If they fail to respond in time then we must seek an extension. IND like brinksmanship ie they will wait til the last possible moment, we know this in advance and can prepare for it.

 

Can you please confirm that you have acknowledged the claim please? If not can you do it asap but don't enter your defence yet.

 

 

Here's a rough timetable of what you can expect to happen.

 

You will get your CPR issued monday next week by recorded delivery.

IND will likely ignore it and you will get worked up by this. Try to avoid this.

9 days after your CPR is deemed served (17/2) you will issue a reminder again by recorded delivery.

4 days after this (21/2) you will write to them seeking an extension. Again expect them to ignore.

On the 24/02 you might have to telephone them to get them to agree to the extension but any agreement must be backed up in writing (email is fine).

 

You don't file your defence until you have received all the documentation and all the information you seek. (Trust me we will not be making it easy or comfortable for them in your requests).

If they fail to produce anything we should be able to force it through at allocation stage if we're not unreasonable.

 

Access to a scanner would be handy for the CPR responses, as would the ability to use a basic paint program to block out personal information on scanned copies of docs they send out.

 

I suggest that you also send a full data subject access request to Lloyds asking for all information they hold on you. It's a tenner and they get 40 days but it could be money well spent.

 

Hi Jasper/anyone i am still waiting for these 2 requests under CPR i should ask for? thanks

[Jasper1965]

Formal request for information made pursuant to civil procedure rules part 18.

Sir with reference to County court claim number XXX, I require the following information in order to fully consider my position in this matter and make informed decisions and statements in any defence, claim for setoff or counterclaim I might enter .

 

1) Please confirm the date of the last payment made upon this account by the account holder.

2) Please confirm the date of the signed acknowledgment in writing made upon this account by the account holder.

3. The claimant asserts compliance with "section III and IV and annex B of the PD Pre-action conduct" Please describe what steps to comply with these practice directions the claimant took including dates and if possible copies of all communications sent by the claimant to the defendant between July 2011 and the date of issue of the claim.

Please explain why the claimant stated in their first correspondence that a fee of £10 would be charged for providing information which according to the above protocols should have been supplied as a matter of course.

4) Please provide statements of account sufficient that the defendant may ascertain that the amount claimed in this action has been lawfully calculated. The claimant would expect these statements to originate from the original creditor.

5) Is the claimant aware of any outstanding requests (made either to the claimant or the original creditor) relating to this account made under section 79 of the CCA 1974?

6) Please state the total amount of penalty charges and the dates upon which they were applied to the account during the lifetime of the account.

7) Please state the total amount of PPI premiums (if any) and the dates upon which they were applied to the account during the lifetime of the account.

8) The balance claimed is considerably higher than the original balance which was in itself in dispute with the original creditor. Please explain this discrepancy and provide a breakdown of all charges applied to the account by the claimant, the original creditor, or any agent acting on behalf of either of these two parties.

9) The claimant seeks statutory section 69 interest upon the entire amount claimed as an outstanding balance.

Please explain why the claimant feels entitled to claim interest upon the account for the whole period during which the claimant held no legal title to the account.

10 Please confirm that a valid default notice was served by the original creditor upon the defendant.

11 Please confirm that a copy of this valid default notice exists.

12 Please confirm the date of issue of this default notice, the date of remedy of this default notice, the amount of the default sum cited upon this default notice.

13 Please confirm that a valid consumer credit agreement was ever signed by the defendant and that the original exists.

14 Please confirm exactly what documentation the claimant held to prove their claim at the time of issue of this claim.

15 Please confirm that a notice of assignment was lawfully served upon the defendant and in order that compliance with section 196 law of property act 1925 be proven, Please supply the reference number for the Royal mail track and trace service in order that the defendant might establish that the prescribed form of delivery was used.

16 Please confirm that the relevant statements of account

prescribed by the CCA1974 as amended by the CCA2006 have been issued to the defendant at the appropriate times and that this legal requirement has been fully met at all times for which the claimant seeks to claim interest upon this account.

 

You will appreciate that as defendant in litigation I am bound by the very strict timetable allotted by the legal system in respect of responding to your claim. I would expect you to hold the relevant documentation to support and prove your claim prior to commencing litigation so would expect this request to be fulfilled within the period of seven days from receipt.

 

If you are unable to provide the information within seven days of receipt, please let me know at the earliest opportunity in order that I might make arrangements to seek an extension for entering my defence with the Court.

[Jasper1965]

On (date) I received the Claim Form in this case issued by you out of the Northampton county courticon Bulk Centre.

 

I confirm having returned my acknowledgement of service to the court in which I indicate my intention to contest all of your claim.

 

Please treat this letter as my request made under CPR 31.14 for the disclosure and the production of a verified and legible copy of each of the following documents mentioned in your Particulars of

Claim: (any documents they mentioned)

 

1. The Notice of Assignment

2. The executed Consumer Credit agreement relating to credit card number xxxxxxx mentioned in your POC and upon which the claim is based.

3) Copies of any "demand for payment"

 

 

You should ensure compliance with your CPR 31 duties and ensure that the documents I have requested are copied to and received by me within 7 days of receiving this letter. Your CPR 31 duties extend to making a reasonable and proportionate search for the originals of the documents I have

requested, the better for you to be able to verify the document's authenticity and to provide me with a legible copy. Further, where I have requested a copy of a document, the original of which is now in the possession of another person, you will have a right to possession of that document if you have

mentioned it in your case. You must take immediate steps to recover and preserve it for the purpose of this case.

 

Where I have mentioned a document and there is in your possession more than one version of that

same document owing to a modification, obliteration or other marking or feature, each version will be a separate document and you must provide a copy of each version of it to me. Your obligations extend to making a reasonable and proportionate search for any version(s) to include an obligation to recover and preserve such version(s) which are now in the possession of a third party.

 

In accordance with CPR 31.15© I undertake to be responsible for your reasonable copying costs

incurred in complying with this CPR 31.14 request.

 

If you require more time in which to comply with this request you must tell me in writing. You must tell me before the time for compliance with this request has expired. In telling me you require more time you must tell me what steps you have taken and propose to take in order to comply with this request and also state a date by when you will comply with this request. In addition your statement must be accompanied with a statement that you agree to an extension of the time for me to file my defence.

 

Your extension of time must be not less than 14 days from the date when you say you will have

complied with my request and you must state the new date for filing my defence.

 

If you are unable to comply with this request and believe that you will never be able to comply with this request you must tell me in writing.

 

Please note that if you should fail to comply with this request, fail to request more time or fail to agree to an extension of time for the filing of my defence, I will make an application to the court for an order that the proceedings be struck out or stayed for non-compliance and a summary costs order.

 

I do hope this will not be necessary and look forward to hearing from you.