MBNA/DLC/Hillesden Securities have issued County Court Claim. HELP!!!

[yebsdad]

Vint,

 

Can i just submit a basic defence saying I have requested further info re alleged debt but only received poor copy, no terms, no default notice etc and flesh it out later?

[NewToTheFight]

You are best served to get your defence right to start with.

if you wish to alter your defence later you will be liable for the other sides costs

Are you able to outline your reasons for defence?

I.E. If you deny signing an agreement then say so in your defence & put the claimant to strict proof that you signed a legally enforceable agreement - it will then become necessary for them to prove you signed such an agreement. You may wish to neither confirm nor deny that you signed an application form but you may wish to put the claimant to strict proof that such an application form containned the required information and therefore is was possible that it could be turned into a compliant agreement

You may wish to bring up the Default Notice (if defective) and point out the errors it contains

Was PPI charged for

Are there penalty charges

 

lets start with an outline & build your case from there

[AndyOrch]

What date is your defence due yebs?

 

Regards

 

Andy

[yebsdad]

Due today unfortunately. I was hoping to get get sorted over the weekend but cant get into the moneyclaim online si will have to email

[AndyOrch]

Too late to agree an extension anyway which should be agreed with the Claimant at least 10 before a defence date, hence MCOL advice re payment,normally no charge for an extension CPR 15.5.

I would consider NTTF advice post#27 as time is now very tight.

 

Regards

 

Andy

[yebsdad]

I was just thinking the same, I think neither confirm or deny signing agreemnt and ask for proof. How do i go about that? I have the CPR drafted to send today via email and post to claimants solicitor, what should i email to the courts?

[yebsdad]

I guess the simpler the defence, the easier it is to expand later?

[yebsdad]

I have picked the below up, courtesy of Dotty55,

 

Defence

 

1. The particulars of claim discloses no cause of action and are self evidently an abuse of 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).

 

2. Further to that above the defendant is unable to plead effectively or at all. The defendant is embarrassed.

 

Would this be sufficient, or do i need to ask for clarification of the agreement, record of the default notice etc?

[AndyOrch]

A defence should only agree or refute the points made in the claimants P.O.C, keep it simple and then expand as the claim proceeds.

 

Andy

[yebsdad]

Sorry Andy,

 

I have posted something I dont truly understand, what does point 1 of the defence i posted actually mean.

[yebsdad]

Should i include a copy of the CPR sent to claimant in the defence email?

[Dotty50]

Hi yebsdad

 

Just for clarification my full defence is here http://www.consumeractiongroup.co.uk/forum/showthread.php?287153-Aplins-claim-issued-urgent-help-needed-please&p=3245324&viewfull=1#post3245324

 

I had lots of help and used other defences from here (I think mine was one of Andy's) and adapted it to suit my circumstances and what was in my POC.

 

You state earlier that they supplied a 'poor copy', can you read it at all? Does it have your signature on it?

[AndyOrch]

Sorry Andy,

 

I have posted something I dont truly understand, what does point 1 of the defence i posted actually mean.

 

 

1. The particulars of claim discloses no cause of action and are self evidently an abuse of process, in that they fail to deal with the basic rules of pleading in accordance with the CPR 16 (even allowing for the constraints of the bulk issue system).

 

You are stating that the claimants have no cause to action as they have not attached anything as proof they wish to rely or base their claim on.Before MCOL was introduced all county court claims were either issued local to the claimant or defendant and attached the paperwork with the claim.This was dispensed with the introduction of Northampton therefore (even allowing for the constraints of the bulk issue system).

 

However the claimants would have to disclose at Standard Disclosure (After Allocation) the basis of their claim.

 

You do not attach anything to defence.

 

Regards

 

Andy

[yebsdad]

Just about legible dotty and yes it appears to be my signature? I think i just want to put in the vaguest of defences to buy myself time, but not sure what to put

[yebsdad]

Thanks Andy, so are the two points in the defence enough and will that do the job?

[AndyOrch]

Thanks Andy, so are the two points in the defence enough and will that do the job?

 

Well it will stop the automated default judgment but you will need to expand as the process continues.Why are you not submitting on MCOL?

[yebsdad]

Its jammed, they are telling me that I have recorded the user ID incorrectly, despite the fact that i have the original file sent to me with the number. It denies me access and when I try and reset, it fails to recognise my account. When i spoke to the helpline, they said they could not retrieve the account and would have to plead manually.

[yebsdad]

Should I state that I have requested clarification using CPR?

[AndyOrch]

Should I state that I have requested clarification using CPR?

 

 

But you haven't you are only sending off today, should have been sent as soon as you opened the summons envelope.

[yebsdad]

Fair point, although I will be sending today. Should I state I will be or just keep it simple?

[AndyOrch]

Dont state anything that is untrue, that's why its important to act with speed to enable an history and add content to your defence.

[yebsdad]

Ok, thanks Andy, it official I am an idiot. These things dont go away and I should stop putting things off.

[vint1954]

Vint,

 

Can i just submit a basic defence saying I have requested further info re alleged debt but only received poor copy, no terms, no default notice etc and flesh it out later?

 

Hi yebsdad,

 

I have only just got in and picked up your post.

 

As Andy has said, you needed to act some days ago. You needed to send off your CPR request, then id they do not respond, you could have asked for extra time for free. You cannot plead until you have the information and documents mentioned in your POC. I think Andy has pointed this out.

 

Are you saying that you have not sent your CPR 31.14 request yet?

 

Follow Andy's advice closely, but do it quickly.

 

Vint

[yebsdad]

Okay, I have received a reply from DLC/Hillesden.

 

They have enclosed a tonne of old statements and poor copies of two applications, one with just name and address printed on it (no signature)and the other with two sides of an application form filled out and signed. please advise as to its correctness and where I go from here. I have attached copies of forms.

 

Many thanks

Yebsdad

[dx100uk]

scan the required letters/agreements/sheets - as a picture[jpg] file

don't forget you can use a mobile phone or a digital camera too!!

or

convert existing PC files to PDF [office has an installable print to PDF option]

.

'

BUT......

ENSURE: remove all pers info inc barcodes etc using paint program

but leave all figures and dates.

.

goto one of the many free online pdf converter websites

it would be better to upload a multipage pdf if

you have many images too rather than many single pdfs

.

or if you have PDF as an installed printer drive use that

or use word and save as pdf

.

open a new msg box here

hit go advanced below the msg box

hit manage attachments below that box

hit the add files button on the top right

hit select files, navigate to your file on your pc

hit upload files

.

.

dx