HL LEGAL v angel_1 re Barclays Partner Finance

[angel_1]

hi all

 

here we go again ((no paperwork or documents enclosed ))

 

Claim from northampton, dated 18 june so do i have the 5 days of service til 22.6.12 if so then my 14 days to file an acknowledgement i take as 6.7.12?

 

 

The Claimants claim is for the sum of £1xxx.xx plus court fee and sols costs,

 

Particulars of claim

 

monies due under regulated credit agreement xxxxxxxxxx between barclays partner finance and the defendant the benefit which was assigned on xx/xx/11

the agreement terminated upond the defendant failure to comply with the terms of the agreement

 

the claimant seeks interest persuant to the section 69 of the county court act 84 at the rate of 8% per annum from the date of the issue continuing at the daily rate of 0.28 any payments or queries should be directed to claimant on tel and fax or email acc.

 

 

 

 

********

 

right i guess i first do my acknowledgment of claim asap

 

then do i do the cpr letter i believe i have to request credit agreement, default notice, assignment letter, termination notice - anything else??

 

what do you guys advise please?

 

i will try and hunt down what paperwork i may have this evening but for the time being im concerned for the acknowledgment and the cpr letter with appropriate wording in my request to them please

 

anything else?

 

i will look in after 6 pm huge thanks for looking in cheers angel x:-)

Edited July 5, 2012 by angel_1
amended and my particulars of claim is how ive typed up cheers

[angel_1]

hiya

 

should i just go ahead and acknowledge the claim to defend it and thus send my cpr letter? will search for an appropriate cpr letter now be back soon

 

found this on a thread -

 

The timescales are..

 

Date of issue (found on claim form, top right hand corner) ((18.6.12)) + 5 days for receipt + 14 days to acknowledge receipt + 14 days to submit defence if you are intending to.

 

so plus 5 days is 23.6.12 then plus 14 days is 7.7.12 is tis correct so do i have at least til then??

Edited July 5, 2012 by angel_1

[citizenB]

Yes - although if you are going to defend, I would acknowledge tomorrow just to be on the safe side

[citizenB]

 

then do i do the cpr letter i believe i have to request credit agreement, default notice, assignment letter, termination notice - anything else??

 

 

 

If those items are mentioned in the PoC - then yes, you can request them in your CPR letter.

 

I would also request a statement of account or statements showing how the balance of the sum claimed has accrued.

[angel_1]

HELLOOOOOOOOOOOO citizen long time no see hope you are well,

 

thanks for your quick responce, slick hopes to look in later too, thanks guys much appreciated.

 

Yes have already acknowledged the claim to defend in full.

 

so now the appropriate wording of my cpr letter and yes i take what you are saying about how the amount has been reached i suspect there are a few late payment fees on this one so are those the amounts i could counterclaim / contest in the final figure?

 

OOPS just seen my original post i will edit out stuff that is not relevant to me,,,,sorry,

[slick132]

Hi Angel,

 

Onboard as requested and will see all that's posted from now on.

 

[Cena34]

Thanks for your post on my thread, yes looks like similar cases, let's hope we both get the right result. I shall watch your thread with interest. Good Luck!!!

[angel_1]

HIYA all, found this letter i have used before maybe a couple of years old, not sure if i can still use ref the particulars on this fresh claim and if i need to add anything else, guess i need to send it off pretty sharpish,

i will look around other threads to see if i can find anything else that is perhaps better but will take your guidance as well, cheers angel x

CPR 31.14 Request

 

On XXXXXXXX I received the Claim Form in this case issued by you out of the Northampton County Court.

 

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 document(s) mentioned in your Particulars of Claim:

 

1 the agreement

You will appreciate that in an ordinary case and by reason of the provisions of CPR PD 16 para 7.3, where a claim is based upon a written agreement, a copy of the contract or documents constituting the agreement should be attached to or served with the particulars of claim and the original(s) should be available at the hearing. Further, that any general conditions incorporated in the contract should also be attached.

 

2 the default notice

3 the deed of assignment

4 the notice of assignment

 

 

You should ensure compliance with its 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.

Yours faithfully

[angel_1]

hiya all

 

i will be back home after 2pm today will look in then for any updates and then get my letter done and out tonight as you kindly advise me cheers have a fun day angel x

[citizenB]

Yep, that is the CPR letter..

[DonkeyB]

Can we have a history of the account, angel?

[angel_1]

hiya donkey

 

will try and see if i can locate stuff on this one, and get back out of the garage and update you tomorrow and then see what i have but there will be charges of late payments on it i can recall too so would that be something useful to consider on reducing the amount too? but the cpr letter needs to go monday without fail does the one i have meet the stuff on the particulars of claim ive typed up? understand can only ask for info relating to what they have typed up on the summons is that right?

 

also like citizen stated request a statement of account, but would that have to be a seperate request or could that be included in the cpr letter so does it have to be jigged up a bit to reflect that too? thats where im easily confused, want to send the correct info and no room for any error

 

will check in a bit later to see what you all think cheers wish me luck in that murcky garage lol have a fun day all angel x

[slick132]

Hi Angel,

 

I'd include items 5 and 6 as follows:-

 

5 Statement of account

 

This is required to enable me to reconcile the amount now claimed by you.

 

6 Copy statements

 

These are required to identify PPI and penalty charges that may be included in the account balance that should be deducted from the account balance. If you are unable to supply copy statements, data sheets may be supplied so long as they readily identify all PPI and penalty charges and related dates.

 

[angel_1]

hiya slick

 

so im just off to the docs but when i come back will do that letter including the no 5 and no 6 comments in your last post, so this will cover what i need to ask for in the particulars of claim they have put in the summons which ive typed up as they have written it on the summons,

 

that should do it then> ? cheers and i only give them 7 days or they have to let me know if it going to take them longer? if not i chase them up or do i do some n244 for the judge to get them to provide the info >

 

thats where im a bit lost i shall be back by 3.30 latest so i can get to the post office with the letter to send. cheers angel x

[slick132]

HI Angel,

 

In your PM earlier, you said you sent the CPR letter to the address on the Form N1 for documents and payments, as seen in the bottom left corner of the back of the N1.

 

That's correct !

 

[angel_1]

hi slick

 

yes duly done am looking for stuff relevant to this account at the moment too if can locate tonight but will continue to search what i can find will stay logged in for a while anyway cheers angel x

[angel_1]

hi guys the 7 days surely up by now no responce therefore what options as i think the defense is needed by friday this week? therefore got an email address do i advise them what exactly ? is it a confirmation from them that they need more time so i can go to the court and aDVISE THEM that another 14 days or what is it exactly as still awaiting documents for me to put in my defense, or is it i do that n244 form or is that too early yet?

 

will log in after 6 and catch up with you all them cheers angel x have a fun day

[slick132]

Hi Angel,

 

You should enter a defence on time, even if it's not the full defence which you hope to submit after they've responded to your CPR request.

 

Use your HSBC case as a guide but just address the points raised in their POC's on the claim. Add a para in the defence saying :-

 

A request (under CPR 31.14) for further information was sent to the Claimants solicitors on xxdate but, at the time of this Defence, no response or acknowledgement has been received.

 

Accordingly, the Defendant reserves the right to amend her Defence in the light of information which it is hoped the Claimant provides.

 

Number the paragraph within your Defence as necessary.

 

[angel_1]

okay slick,

 

understand i have the need to summit a defense with what you are saying but i dont put in the embarrased defense do i>? i must have to word it dff and adding what you have given me but what im also wanting to see is it worth emailing them advising them i havent the info and then get an email confirmation that they are wanting more time but then do i still put in my defense like you say

 

anyway just popped back in but will be back as i have to go to the hospital to drop off something so will log in later

 

have a fun day all cheers angel x

[slick132]

Hi Angel,

 

Letter to sol'rs seeking their response to your CPR 31.14 request. Also, ask them to agree to allow further 28 days for the filing of your full defence on the basis of their failure to reply to your CPR request.

 

Get a holding defence into court, by the dealine, saying you are defending in full but are unable to do this properly due to the sol'rs failure to respond to your CPR request. Put in your defence that you've written again to the sol'rs seeking their response and asking the sol'rs to agree to an extension of 28 days for defence being filed. Add in the defence that you respectfully ask the court to allow you the further 28 days so you can defend properly in light of the sol'rs response to the CPR letter.

 

[angel_1]

hiya all I cant even remember this one and it seems to have died a death, I m going to have to take a look im sure iput in my defence that I hadn't rec the cpr31.14 info back and after that I haven't heard from anyone, how do I now check would I have had a ccj in me not chasing up earlier than now? gosh im so confused, yikes,,,, will check in later got the next one that is current to worry about now so working on that and the letters re cpr31.14 and separate letter for the cca and acknowledge that claim online too, so will check in laters cheers angel x

[slick132]

Hi Angel,

 

I've responded on your new thread already.

 

There is a register you can use to see if any CCJ was granted in this, or any other, case - http://www.trustonline.org.uk/

 

Or you could look on your CRA files.

 

[angel_1]

cheers slick will do later today x angel going to view the other thread now