Abbey national/ robinson _ way county court bulk

[tobasco_fish]

Hi

I have a very similar timeline and debt issue as in this thread "consumeractiongroup.co.uk/forum/showthread.php?337189-hegarty-llp-robinson-way-county-court-claim-received-HELP-PLEASE" (unable to post full link post count not high enough) . So not wanting to hijack that thread here is my own.

 

Recently received a count court claim from hegarty llp for robinson way.

 

Particulars of claim as follows.

 

The claimant is the assignee of a debt from abbey national plc

Notice of assignment was provided to the defendant by the claimant in writing.

Despite demand for payment the assigned debt remains due.

The claimant complied with Section III and IV and Annex B of the PD pre=action conduct.

And the claimant claims.

Current account account number xxxxxx xxxxxxxx balance of 1304.10 as of 15/04/07 .

interest under s69 of the county court act 1984 at the rate of 8% a year from15/04/07 to 15/2/12 of 505.06 and also

interest at the same rate up to the date of judgement or earlier payment at a daily rate of 0.29 AND costs.

 

 

The debt arose from an overdraft from 2006. having put in a claim for repayment of bank charges Abbey kindly withdrew my overdraft facility and requested immediate repayment. At the time this was not possible so I moved to another bank for somewhere to pay wages without losing the lot. This on top of other ongoing debt problems at the time meant this one was generally ignored.

Over the years this has been passed through various debt collectors and now ended in a CCJ claim.

The account hasn't been touched, acknowledged or payments made since approximately July 06.

 

I have acknowledged service and sent off a cpr31.14 claim.

Is there any need to send off a SAR to Abbey?

Is there anything else i need to do paperwork I need to request.

Having read through a few threads and in anticipation of a poor response from Hegarty LLP, what would be my next course of action.

 

Many thanks

 

T_F

Edited February 22, 2012 by tobasco_fish
explanation of link

[tobasco_fish]

Hi.

Having read through various posts and expecting a poor response to the cpr 31.14. 7 days is up this friday (2nd March) What is my next course of action.

I used the CAG template which included the offer of time extension. Do I then submit an embarrassed defence? Make phone calls to various people finding out what is going on. Or just submit a form N244 or all of the above.

I am conscious that the clock is ticking and I would like to be able to have everything in place to submit any necessary paperwork etc.

 

Many thanks for any help offered

 

T_F

[AndyOrch]

Hi Tobasco

 

What was the outcome of your claim " having put in a claim for repayment of bank charges " ?

 

Regards

 

Andy

 

PS Welcome to Cag

[tobasco_fish]

Hi Andy.

 

Cheers for the welcome.

I seem to remember that Abbey dug their heels in and refused to cough up.

I think there was a protracted court case going through around that time and they were doing their best to wait on the eventual outcome.

generally felt as though I was banging head against a brick wall and eventually gave up. As a result no charges refunded.

Probably what they wanted.......

 

Tobasco

[AndyOrch]

Hi Andy.

 

Cheers for the welcome.

I seem to remember that Abbey dug their heels in and refused to cough up.

I think there was a protracted court case going through around that time and they were doing their best to wait on the eventual outcome.

generally felt as though I was banging head against a brick wall and eventually gave up. As a result no charges refunded.

Probably what they wanted.......

 

Tobasco

 

Is that claim still stayed then and within the system?

 

Andy

[tobasco_fish]

Not sure. Anyway of being able to find out. Can anything be done after 6years??

[tobasco_fish]

Ok its now 7days since the cpr31.14 i sent off was signed for at Hegarty llp. As of today there has now been no reply.

Do I now enter an embarrassed defence and if so is there a template or similar that can be entered?

also what is my next step. Do I also now submit a n244 or the is the fact I have had to enter an embarrassed defence sufficient??

 

Many thanks for any responses

 

Tobasco.

[AndyOrch]

Not sure. Anyway of being able to find out. Can anything be done after 6years??

No I would assume its expired

 

Ok its now 7days since the cpr31.14 i sent off was signed for at Hegarty llp. As of today there has now been no reply.

Do I now enter an embarrassed defence and if so is there a template or similar that can be entered? Check the stickies above the legal forum.

also what is my next step.see above Do I also now submit a n244 No or the is the fact I have had to enter an embarrassed defence sufficient?? Thats all you can do but check your dates

Many thanks for any responses

 

Tobasco.

 

Andy

[tobasco_fish]

Cheers Andy.

 

Can you confirm on dates. Claim date 15th Feb. Acknowledged on the 22nd. So do i have 28 days from service in which case 13th March or is it 28+5 days in which case 18th. I have seen differing comments on this so can someone confirm.

Also I'm away next week so unable to see what comes through the post. Is it worth sending another cpr31.14 to Hegarty? Will there be anything gained from sending a SAR to Abbey who may or may not still hold relevant information. What coarse of action would be advisable to take.

Have read through sticky relating to embarrassed defense and whether a good idea or not. now confused what exactly to do....

Would anyone know why I can't login to the moneyclaim website? Will ring the court in the morning.

My original user ID seems to be missing so registered again. Once in says that Claim no. and or defence pack password are incorrect......

Frustrated and slightly confused (read through too many threads)

 

Tobasco.

[AndyOrch]

Cheers Andy.

 

Can you confirm on dates. Claim date 15th Feb. Acknowledged on the 22nd. So do i have 28 days from service in which case 13th March or is it 28+5 days in which case 18th. I have seen differing comments on this so can someone confirm. 33 days in total 5 deemed served so 28 days 14 to AoS a further 14 to submit a defence

Also I'm away next week so unable to see what comes through the post. Is it worth sending another cpr31.14 to Hegarty? No its an Overdraft and there will be little if no paperwork anyway Will there be anything gained from sending a SAR to Abbey who may or may not still hold relevant information.Perhaps but it will be way past your defence date before receipt (up to 40 days) What coarse of action would be advisable to take.Incorporate your initial claim an history within the defence re the claim contains unfair charges.The claim as also been made because its reaching Statute Barred (July 2012)

Have read through sticky relating to embarrassed defense and whether a good idea or not. now confused what exactly to do....You should be able to submit a fairly concise defence given the fact that you have tried to make a claim yourself

Would anyone know why I can't login to the moneyclaim website? Will ring the court in the morning. Thats all you can do

My original user ID seems to be missing so registered again. Once in says that Claim no. and or defence pack password are incorrect......

Frustrated and slightly confused (read through too many threads)

 

Tobasco.

 

 

Andy

[tobasco_fish]

Cheers Andy.

 

Have spoken to the court and confirmed dates for defence. Should give me 10days after I come back to submit a defence.

Must have been a glitch with the tinternet that stopped me from logging on.

Regarding the defense. By incorporating the initial claim re the unfair charges. doesn't that lead to me acknowledging the debt. Instead of getting Hegarty to prove they have a right to it?

 

Many thanks

 

Tobasco

[AndyOrch]

Defences are drafted to refute the Claimants P.O.C nothing more nothing less, simply to refute and halt/question their claim. I will try to illustrate by advising what I write when drafting defences. First, I always write (or words to the effect of),

"The Defendant denies that he is liable as alleged in the particulars of claim, or at all." Once you have made that statement, of course you are saying no monies are owed. Beyond that, when you raise issues in respect of charges or anything else, phrases that are used include, "If that which is denied," or "In respect of the alleged agreement, to which penalty charges have been levied." You get the picture! There are many ways of raising points without admitting a damn thing! It's quite amusing the way things are worded when you think about it, you can accuse the creditor of all sorts without admitting liability! That's the funny quirk that law has! Incorporating your previous claim within the defence can only add merit rather than a simple holding denial.Its just down to the way you draft it

 

 

 

I trust the above clarifies your concerns

 

 

Regards

 

Andy

[tiger66uk]

I am in exactly the same position but we are on very slight different routes. Take a look at my thread and we can keep each other posted

[tobasco_fish]

Hi

Whilst away I have received a letter from INDdespite sending to Hegarty LLP.

 

Gist of the letter is as follows.

 

" Having taken counsel's advice on the issues we respond as follows.

 

Claim is likely to be allocated to small claims track. As you are aware CPR part 31 does not apply to small claims.

In our view it would be illogical and contrary to the overriding objective for CPR part 31 to apply between issue and allocation to the small claims track.

 

Notwithstanding the above, your right to documents under cpr31.14 (had that been applicable in this case, which, as explained above is not applicable) arises as a document concerned is mentioned in either a Statement of Case, Witness Statement, Witness Summary or Affidavit. The words ' referred to' in the rule indicate that the right to inspect arises only once a specific reference to a document has been made. Where there is no more than an inference, as opposed to a specific reference to the existence of a document, we are not bound under CPR31.14 to provide such document.

 

Accordingly, we are not required to provide you with any documentation requested in your letter

 

The particulars set out in the claim form in this case provide you with sufficient information to respond to the claim. If you fail to do so within the time provided by the CPR, the claimant reserves the right to enter judgement in default without further notice. "

 

Looking at some other threads this appears to be a fairly default letter.

The following sentence has me a little puzzled

The words ' referred to' in the rule indicate that the right to inspect arises only once a specific reference to a document has been made.

Surely in the particulars of the claim they state "Notice of assignment was provided to the defendant by the claimant in writing"

Having not received this and being what was asked for with the CPR31.14 surely this statement is incorrect as specific reference to the document has been made.....

 

Confused.

 

What is now my next step

 

Many thanks

 

Tobasco

[tiger66uk]

whats happening with this tobasco?

[tobasco_fish]

Hi Tiger

 

Managed to find a defence and alter it accordingly. This was submitted and at present still waiting a response.

been reading your thread. How goes it?

 

Tobasco

[tiger66uk]

Hi Tiger

 

Managed to find a defence and alter it accordingly. This was submitted and at present still waiting a response.

been reading your thread. How goes it?

 

Tobasco

hi tobasco.

Phoning court in the morning to pay extra sum to have my n244 read to them in court. If they ever turn up. Not that they ever comply with the courts anyway.

[tobasco_fish]

Hi

I have recently received from IND a photocopied stack of statement sheets, probably from a micro fiche archive.

I have also spoken to the courts and the case was stayed on the 23rd April.

 

Can anyone help as to what my next course of action would be, or is it just a case of waiting it out to see iff they get their act together and produce some paperwork.

 

Many thanks

 

Tobasco

[AndyOrch]

Hi Tobasco

 

In all honesty thats all you will be receiving for now.I would advocate you run thought the statements and collate any unfair charges/interest.We can push for the NoA should the stay be lifted if they wish to proceed, either with directions on the AQ or at Standard Disclosure.

 

Although technically their response of 12th March is correct and CPR 31 does not apply to SCT given that the claim is trackless before allocation and therefore this is smoke screens to hide the fact that don't have any further paperwork apart from what has been disclosed.

 

Use this time during the stay period to consider and evaluate.

 

Regards

 

Andy