Rob Way County Court Claim Form received

[Noshovel]

I've recently received a County Court Claim form from Horwich Farrelly acting for Robinson Way regarding an alleged debt that they say was formally with Capital One. Now my finances were in a diabolical mess years ago and I did have to ask every organisation claiming money to prove they had a right to collect.

 

I plan to defend the claim in full so I'm looking around for similar threads, help and advice on this wonderful site.

 

Any comments would be welcome.

[Noshovel]

Particulars of Claim reads

 

The claimant is the assignee of a debt(s). 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 and the claimant claims

1. The sum of £xxxx.xx

2. Interest pursuant to S69 of the County Court Act 1984 at the rate of 8.00% from xx/xx/xx to date hereof 1835 days is the sum of £xxxx

3. Future interest accruing at the daily rate of £x.xx

4. Costs

Edited July 13, 2012 by Noshovel

[postggj]

is the debt under 5 k

 

when was payment last made

[Isiris]

Just over 5k going on the S69 interest

[postggj]

when was the last payment made

[Noshovel]

Hello both

 

Yes just over £5k plus the interest they claim

 

I don't know when anything may or may not have been paid but probably nothing since November 2007 as that's when I sent Requests for CCAs to all organisations claiming that I owed money

[Noshovel]

Ok so today I'm going to do an acknowledgement of service online which I understand gives me 28 days from the date of service to send a defence to the court.

 

I'm sending a SAR to Capital One being the alleged original lender - I expect that this response won't arrive in time to help construct a defence but could help if we get to a court hearing.

 

I've found the CPR 31.14 template letter which I understand I need to amend - I understand that I dont ask for documents that are not mentioned in the particulars of claim

 

Here are the POC

 

The claimant is the assignee of a debt(s). 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 and the claimant claims

1. The sum of £xxxx.xx

2. interest pursuant to S69 of the county court Act 1984 at the rate of 8.00% from xx/xx/xx to date hereof 1835 days is the sum of £xxxx

3. Future interest accruing at the daily rate of £x.xx

4. Costs

 

 

So I imagine that I do ask for "the agreement" which has never been produced - even though they dont mention the agreement?

 

I ask for the assignment

 

I dont ask for the default notice, temination notice or statements of account or anything else

 

One other thing - I dont understand their statement "The claimant complied with section III and IV and annex B of and the claimant claims"

 

What are the things they are refering to and their seem to be a section missing between "annex B of..... and the claimant claims."

 

Any thoughts or comments would be much appreciated.

[Noshovel]

OMG - I think I've been too eager here I've acknowledged receipt of the claim yesterday which I think actually chops at least 14 days off of my period to sort out a defense.

 

I'm no longer at all sure that CPR 31.14 is the way to go because the POC dont even mention the "Agreement" for the alleged debt. The POC only says "The claimant is the assignee of a debt..............."

RW have been sending me letters for years which I have in the main ignored at they have never produced a CCA of any sort

 

Does anyone know what I should do?

[postggj]

is this claim from Northampton CCBC

when was the last time any payment was made to this account

i would be asking for an extension to file a defence as to cpr 15.5

 

WAS THE CPR 31.14 SENT

 

unless they fully particularise the claim, the best way forward would be an application notice to strike out via an N244 NOTICE

 

the CPR 31.14 puts them on notice

[Noshovel]

Thanks - no I didn't sent CPR 31.14 lucky eh!

 

I will look up CPR 15.5 I don't know about that

 

Yes its Northampton CCBC - I can say with confidence that nothings could possibly have been paid since Nov 2007 only because that is when I had to contact everyone who said I owed money but if its a real account I couldn't be sure I've had some mental health issues. It could be much earlier than that. I wont know until Capital One respond to my SAR sent yesterday.

 

Its funny they dont mention an assignment from Capital One but they have mentioned them in previous letters

[Noshovel]

Ok so I've dug around in my files and yes it is the alleged debt that RW say was formaly Capital one because the £'s match the sum on the POC

[postggj]

you miss the point

 

YOU NEED TO SEND THE CPR 31.14

 

put at the bottom OF THE CPR 31.14 REQUEST in bold type

 

EVEN THOUGH THE PROVISIONS OF CPR 31.14 DO NOT APPLY TO THIS CLAIM AS THE REQUESTED DOCUMENTS ARE NOT MENTIONED IN THE PARTICULARS OF CLAIM. THE DEFENDANT IS UNABLE TO OFFER A PARTICULARISED DEFENCE WITHOUT ANY SUPPORTING DOCUMENTATION.

 

I RESERVE THE RIGHT TO SHOW THIS REQUEST TO THE COURT ON ANY STRKE OUT APPLICATION WITH A COST APPLICATION

 

send recorded delivery ASAP

[postggj]

Dear Sir,

 

Re: (Claimant's name) v (Your name) Case No:

 

CPR 31.14 Request

 

On (date) I received the Claim Form in this case issued by you out of the (Name) 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) which have not been 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 deed of assignment

3 The notice of assignment

4 The default notice

 

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.

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 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

 

 

 

Time is paramount here as they have 7 days to comply which eats in to your time to defend. Get it sent asap.

this puts the claimant on notice, if they then fail to supply supporting documentation, we apply for a strike out

[Noshovel]

I see thank you

[postggj]

if you do not have any supporting documentation, how do you defend ????

 

they started this by issuing the claim, their are now strict timescales both sides have to abide by

 

its not our fault they brought this claim without having the necessary documentation to support their action

 

WE USE THAT TO OUR ADVANTAGE

[Noshovel]

I’ve been doing a lot of research this weekend and I’m inclined to go the CPR 18 route as per London Guy http://www.consumeractiongroup.co.uk/forum/showthread.php?320879-Lloyds-Overdraft-IND-collections-and-N1CPC-County-Court-Form and others on this forum.

I’ve drafted CPR 18 request which is largely a cut and paste. Any comments are welcomed.

 

 

IN THE xxx County Court

 

 

 

CLAIM NO: xxx

 

 

BETWEEN:

 

xxx

 

 

 

Claimant

 

 

and

 

 

NoShovel

 

 

Defendant

 

 

 

 

 

CPR PART 18 REQUEST FOR FURTHER INFORMATION

 

 

To: Claimant

 

 

 

Please answer the following questions:

 

 

 

 

 

1 In your Particulars of Claim you refer to debt(s) being assigned to yourself could you please clarify from whom the debt was assigned what type of debt you refer to and to what grounds you substantiate this claim with regards to any written paperwork by myself that this claim will be reliant upon, along with any terms and conditions applicable and in particular any means as proof of breach or termination thereof.

 

 

2. In your Particulars of Claim you state The Claimant complied with Section III and IV and Annex B of… It is assumed you mean to say …the PD Pre-Action Conduct. If you can expand how this was complied with and what you wish to rely upon and be disclosing at standard disclosure?

 

 

 

3. Can you confirm that you are the legal assignee of this alleged debt by way of proving relative details of the date of assignment and amount and that you are entitled as the now legal owner to commence these proceedings. For reasons of clarity is this an Equitable or financial Assignment?

 

 

 

 

 

 

 

TAKE NOTICE THAT YOU ARE REQUIRED TO ANSWER THE ABOVE REQUEST WITHIN 14 DAYS OF SERVICE OF THE SAME UPON YOU

[Noshovel]

Well I think predictably the other side have not responded to my CPR18 my defense has to be in soon.

[postggj]

when does the defence need to be inn by

 

i would consider an N244 application notice to strike out the claim and an unless order

 

the assignment would be either equitable or ABSOLUTE, not financial