Northhampton CC

[appo07]

Hi All,

I have received a CC claim form issued in Northampton (CCBC)

Claimant is Hillesden Securities Ltd. Solicitors are APLINS STOCKTON FAIRFAX.

 

The PoC states:

"The Claim is in respect of a credit facility (Credit Card Ac No), provided by Lloyds TSB Bank plc at the Defendants request on (date 2006). The agreement was subsequently defaulted. Failure to meet requests for payment resulted in the account being terminated. On (date 2011), all legal and beneficial interest for the monies was assigned to Hillesden Securities Ltd. The Defendant was duly notified in writing of the assignment and that a balance of 2760 was due. The balance of 2760 remains owing from the Defendant."

 

Before this CC Caim form a letter from APLINS was sent Dated Feb 2013, stating that a claim will be made in Northampton CC is the full balance is not paid within 14 days. It also stated that, Hillesden Securities purchased the particular debt from HBOS plc as part of a large portfolio so the amount is payable to them.

 

Prior to the above, on 16/01/09 a request was made for the credit agreement under s.77/78 to Credit Security Ltd. In March 09 CSL sent back a date stamped copy of my request, I received a TSB generic copy of what an agreement should look like and saying that they was not obligated to do so, dated 12/4/10. Then just after (18/4/10) TSB send an agreement printed on two separate A4 sheets, each sheet having different font sizes. The agreement is dated as staring from 2002 where the on the CC claim form POC states 2006.

I am unaware of any other agreement, so the date on the claim form is wrong.

I do not have any copies of default notices, termination notice nor notice of assignment to Hillesden.

 

I have logged into moneyclaim.gov.uk and acknowledged the claim with the intention to defend.

but not sure on the next step,

 

Do I send a CRP31.14 to APLINS, requesting only the items in the CC POC, or is there anything to be added.

 

also if this account was in dispute are they allow to take it to CC.

 

Kind Regards,

Appo07

[renegadeimp]

When was the last time you made payment to the debt and/or acknowledged it in writing?

[Guest]

to cag btw

[appo07]

We was in a DMP untill 2009 so the there will have been payments made until the end of that year.

[appo07]

thank you

[Guest]

can do a 31.14 re that mentioned on poc, but is likely small claims so bear in mind that they might refuse on that even though not tracked yet.

any cca request response needs to be accurate.

and, for matters prior to april 07, s127 (3)(4) consumer credit act should apply.

Edited March 2, 2013 by Ford

[appo07]

so if i didn't do a 31.14 how would i prepare my defense or is there other ways to get the information?

I'm also a bit confused with "cca request response needs to be accurate"

[Guest]

can do 31.14 anyway, no harm, see what they come back with. sometimes they say that they will try to get the docs anyway.

see kotecha v phoenix case re the authority for requirement for an accurate cca request response. ie, any reconstitution in response to a cca request must be accurate. and if shown not to be, then no court enforcement.

re s127 see the wilson case.

Edited March 2, 2013 by Ford

[appo07]

Will this be ok to send to ALPINS, and do I send a copy to Northampton CCBC?

Should I sign this or just print name?

Also should I ask for an account termination?

Thank you,

appo07

 

---------------------------------------------------------------------

 

Dear Sir / Madam

 

Re: Hillesden Securities Ltd v MY NAME Case No: xxxxxxx

 

CPR 31.14 Request

 

On 02/03/2013 I received the Claim Form in this case issued by you out of the Northampton (CCBC)

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:

 

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 assignment

 

3 the default notices

 

4 statement of account showing how the sum claimed has accrued - to identify any default/penalty sums added.

 

Although your claim is for a sum which is not more than £5,000.00 and will in all likelihood be allocated to the small claims track for determination upon my delivering a defense, at this moment in time I have not delivered my defence and the case has not been allocated to a track. In consequence the provisions of CPR 27(2) are of no effect and you should not seek to avoid compliance with your CPR 31 duties by claiming otherwise

You should ensure compliance with your CPR 31 duties and ensure that the document(s) 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

[appo07]

Sorry to post again, but I'm wanting to get the letter in the post today.

 

Will this be ok to send to ALPINS, and do I send a copy to Northampton CCBC?

Should I sign this or just print name?

Also should I ask for an account termination?

Thank you,

appo07

[Guest]

a 31.14 letter goes to the claimants solicitors/their address for correspondence on the claim form. not to the court.

can include termination if mentioned in their particulars

small calims? they'll prob refuse it itself, but may say will 'endeavour' to find the docs.

have you previously done a cca request on this?

Edited March 4, 2013 by Ford

[appo07]

Hi ford,

Thank you for replying, the cca was done in 2009 only got a typed generic copy of what it should look like then a week later a photocopy of TSB cca but from 2002 not 2006 what the poc states.

more info in post 1# para 4,

account was then placed in dispute.

 

 

regards

appo07

[Guest]

ok. see that now (posted quickly )

maybe a new/upgraded card? if so, was the previous one closed prior? maybe a new agreement required as per the agreement regulations?

as mentioned, any cca request recon response needs to be accurate, and if shown not to be then should be unenforceable on that. also, as was prior to 07 in either case?, they would need to show that there was a signed doc containing all of the prescribed terms as required by s127 and Wilson case. they may try and rely on carey and mcguffik cases, but that could be challenged with careful argument.

but, maybe wait see what if anything further comes back re your 31.14. when roughly is your defence deadline?

Edited March 5, 2013 by Ford

[appo07]

Hi,

Hi Ford,

I'm not aware of any new agreements regarding the account.

 

I had sent the 31.14 letter to Aplin a week ago there was proof of them receiving it at the end of the week, but i haven't had any reply from them. Should I leave it a few more days or is there another letter that i need to send to them. I'm not to sure on my next move, any help or ideas please.

Thank you,

[Guest]

give them at least the 7 business days stated in the 31.14 letter. when is your defence deadline?

[appo07]

give them at least the 7 business days stated in the 31.14 letter. when is your defence deadline?

 

Hi Ford, thank you for the reply.

The claim form was issued on 27th

[Guest]

if no reply, then prepare defence as is (if defending)

[appo07]

Hi,

Would the court look at it more favorably if I sent another letter to Aplins, offering them more time to comply with cpr14,even though they haven't acknowledged the cpr14, request; if so is there a template for this. Regarding defense should I use the embarrassed template or something more tailored to the poc on claim form. I will be denying all of there claim.

 

The poc states:

 

"The Claim is in respect of a credit facility (Credit Card Ac No), provided by TSB Bank plc at the Defendants request on (date 2006). The agreement was subsequently defaulted. Failure to meet requests for payment resulted in the account being terminated. On (date 2011), all legal and beneficial interest for the monies was assigned to Hillesden Securities Ltd. The Defendant was duly notified in writing of the assignment and that a balance of 2760 was due. The balance of 2760 remains owing from the Defendant."

 

Thank you,

appo

[Guest]

they've received it, leave it with them. if they don't reply no point doing a 'reminder' imo. could poss briefly mention your attempt to obtain info (even if is likely small claims) without reply in your defence if approp.

 

would suggest a 'more tailored' defence. (if you want to look into the civil procedure rules (cpr), part 16.5 etc outlines part of the required form re a 'cpr compliant' defence.)

 

maybe flag your thread up when you are drafting your defence for further input on that.

Edited March 16, 2013 by Ford

[appo07]

I've found a defence that is very close to my case, the only thing I needed to add was point 5, and the agreement name. Also should I include a paragraph from embarrassed defense, in case they decide to sent any documents.

"Without clarification of the claimant’s claim, the defendant is extremely disadvantaged and as the claimant’s claim appears without merit, the defendant asks to be allowed to submit a fully particularised defence should the claimant provide copies of the original documents he will rely upon."

 

 

DEFENCE

 

 

1. The claim as pleaded does not contain sufficient particulars to permit the Defendant to file a properly particularised and pleaded defence. The Defendant has made a request for disclosure, pursuant to Part 31 of the Civil Procedure Rules, to the Claimant to allow him to properly respond to the claim. The Claimant has failed to respond to the Part 31 request.

 

 

2. It is Not admitted that the Defendant signed an agreement with Lloyds TSB Bank . If, which is not admitted, such an agreement exists the precise terms and date of any such agreement are not admitted. The Defendant does not have in his possession any such agreement and is not therefore able to comment thereon. The Claimant is put to strict proof as to the date and terms of such agreement.

 

 

3. It is averred that if any agreement existed that the aforesaid agreement was a regulated agreement within the terms of the Consumer Credit Act 1974 (The Act). It is not admitted that any such Agreement is enforceable within the terms of the Act. The Claimant is put to strict proof that the aforesaid agreement was properly executed and has been enforceable at all times since its' inception.

 

 

4. The Defendant has no knowledge of the service of a default notice. The claimant is put to strict proof as to the content and service of any such alleged default notice.

5. The Defendant has on knowledge of the service of a termination notice. The claimant is put to strict proof as to the content and service of any such alleged termination notice.

 

 

6. Further and in the alternative it is not admitted that the sums claimed are lawfully owing. The Claimant is put to strict proof as to how the sums claimed have been calculated and as to how it is asserted that the sums claimed are contractually owing.

 

 

7. Further and in any event in view of the failure to comply with the CPR Part 31 request it is denied that the Claimant is entitled to costs as claimed or at all.

 

8. In view of the foregoing it is denied that the Defendant is indebted to the Claimant as alleged or at all.

 

Statement of Truth

 

I believe that the facts stated in this defence are true.

 

 

I am the Defendant.

 

 

XXXXX

 

 

Date

[Guest]

suggest flagging your defence post there for further input if no one else looks in.

assuming timelines have been followed, you have a bit of time re def deadline. ie 33 calender days from date of issue of claim (27th feb?). if in doubt could give the court a quick call to double check deadline.

[appo07]

Hi Ford,

thanks for the advice, but i'm not sure how to flag it.

[Guest]

just bump your thread with a post requesting input re defence. or, if no one looks in, click the triangle at the bottom of your defence post #20 and kindly ask if site team/anyone can poss look in on it.

[appo07]

HI,

I've received a letter from direct legal & collections saying they have been passed a copy of my cpr 31, request, from Aplins. It states that they acknowledge my request, and they are wait for documentation from the original lender and will pass it on to me in due course. They are saying that the account will remain on hold until they have passed the doc's onto me.

They have included a para, stating that if i need more time for defense, they will consent to an extension of 28 days.

 

Do I need to contact the court to ask for the 28 days, if so do I put it writing and include the letter, do I send DLC a letter to say I want the 28 days?

 

Their letter refers to to my cpr31, dated 5th and their reply is dated 12th, but the post mark is dated 19th, so when will the 28 days be from?

 

If they are waiting for documentation for the original lender, could I use that to my advantage, as they have used info in the poc without holding the items that they need to rely on?

 

Thank you,

appo

[Guest]

another ambiguity re the cpr 31.14 'template' letter re an extension!

generally, a specific date re an extension to the def deadline being a date up to 28 days from the original deadline is needed to avoid any ambiguity. then for def to notify the court of the agreed extension.

don't rely on their 'hold', stick to all court deadlines.

if you still want an extension (up to you. they replied outside of the 7 days, but you did offer them more time if required in the letter subject to a def extension) then get them to agree and confirm in writing (or email) a specific date (eg xx/xx/13) being up to the 28 days from the original deadline . once received, then forward that to the court headed re civil procedure rule 15.5.

Edited March 22, 2013 by Ford