HPH2/Cohen Claim Form barclaycard 'debt'***Settled by Tomlin Order***

[isbo]

Thanks very much both. I shall endeavour to find the answer.

[Guest]

 

 

To file my defence, what do I use?

A Court form?

 

 

.

 

you use MCOL ie online where you logged on to acknowledge the claim to defend.

[isbo]

I didn't use MCOL to acknowledge, rather I did it via Royal Mail signed for. Not even sure what MCOL means!

 

I haven't yet sent anything other than the acknowledgement, and the CPR 31.14 and CCA. Was I supposed to send anything else, then?

[martin2006]

Sorry slight mis read, i thought you had filed your defense to the court by royal mail.

 

MCOL is Money Claim Online

[isbo]

No, I've not sent a defence yet. Still unsure as to what to send, and whether or not there is a correct form to also send.

[Guest]

no, the bulk centre will send a copy of your defence to the claimant.

you can still do MCOL if you want. googly it.

https://www.moneyclaim.gov.uk/web/mcol/welcome

[isbo]

Thanks for the link, that's great. So I can file defence on there, magic. Sorry Ford but is you're "no" a no to the fact that I need to use a certain form?

[Guest]

do it on MCOL, much easier.

you dont have to use a certain form.

the bulk centre will send a copy of your defence to the claimant once it has been submitted.

all this info should be in your received claim pack?

[isbo]

Ta Ford. Would you hold back filing the defence just now in case they "find" the paperwork in between me filing my defence and the cut-off date? When the pack landed I nearly Henry's Cat myself, and found this wonderful forum.

[martin2006]

Absolutely Isbo, file your defence a day or two BEFORE your deadline date, obviously excluding weekends, leave them no room to wriggle

[isbo]

Thanks Martin, this I will do buddy. (That sounds Yoda-esque)

[Guest]

whats your current deadline, 3rd april? which is a sunday, so it wld be the friday before.

file yr defence online on the thursday/friday, or before.

if you want more time, then do that extension letter to the court.

if they have had to refer back to the original creditor for any paperwork, then it wont likely be forthcoming by then.

up to you.

[martin2006]

claim issued 1/3/2016

 

def file 2/4/2016(sat) so by 31/3/2016

[isbo]

Such a huge help you know, thank you. So your advice is to register on MCOL first (asap I guess), then next Thursday file my defence on-line? Just concerned with Easter etc and bank holibobs.

[Guest]

no bank hols thurs/fri 31st

[isbo]

Yes but I was concerned that this Friday and next Monday might skew the dates. I'm just so fearful of cocking this up, please forgive my concern.

[Guest]

isbo, your deadline is 2/april, calender days.

as long as you file before then, on a working day, as advised, no probs. stop worrying about the basics.

[isbo]

Sorry Ford, it's my nature to worry. So - register with MCOL then file a defence next Wednesday or Thursday?

[dx100uk]

post your proposed def up here FIRST mind

 

 

lots of threads to read

you'll see and read what to do

[isbo]

I sure will!

[martin2006]

Dont worry your file date is after easter this year, file by 31/3/2016

[isbo]

OK I've now registered with MCOL.

 

 

Am I correct in thinking that since no paperwork has as of yet been forthcoming,

my defence is along the lines of no paperwork?

If so, how is this (one I found via searching the site):

 

Defence

 

1.The claimants particulars of claim are vague and fail to disclose any cause of action, they appear to be an abuse of the process in that they fail to deal with the basic rules of pleading in accordance with the CPR.

 

2. Without admission that any cause of action is shown by the Claimant it is denied that the Claimant has a claim whether as pleaded or at all.

 

3. No documents supporting the claims in the particulars have been offered which the defendant needs to establish what agreement it is that this action is based upon

 

4. Without clarification of the claimants claim, the defendant is extremely disadvantaged and the claimant’s claim appears without merit

 

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

 

Or does that go into too much detail? Should I just say something like "the claimant was asked by the defendant to provide agreement details, and none has been forthcoming. Therefore the claim is without merit and should be dismissed."?

[dx100uk]

embarrassed defence from years ago

not applicable now a days

 

 

try a more recent thread ......

[isbo]

Particulars of Claim

 

1.This claim is for the sum of £3,300 (rounded) in respect of monies owing under an Agreement with the account no. 5301xxxxxxxxxxX pursuant to The consumer credit Act 1974 (CCA).

 

2.The debt was originally assigned by MKDP LLP (Ex Barclaycard) to the Claimant and notice has been served.

 

3.The Defendant has failed to make contractual payments under the terms of the Agreement. A default notice has been served upon the Defendant pursuant to s.87(1) CCA.

 

The claimant claims

The sum of £3300 (rounded)

Interest pursuant to s69 of the county court Act 1984 at a rate of 8.00percent from the 17/10/12 to the date hereof 1227 is the sum of £900 (rounded)

Future interest accruing at the daily rate of £1.00 (rounded)

 

Costs

 

 

 

 

 

Defence

1 The Defendant contends that the particulars of claim are vague and generic in nature.

The Defendant accordingly sets out its case below and relies on CPR r 16.5 (3) in relation to any particular allegation to which a specific response has not been made.

 

2. Paragraph 1 is noted. I have had financial dealings with Barclaycard in the past.

It is denied I have any knowledge of the above Claimant or if any alleged debt was assigned to them.

 

3. Paragraph 2 is denied I have not been served with a Default Notice pursuant to the consumer credit Act 1974.

 

4. Paragraph 3 is denied. I am unaware of any legal assignment or Notice of Assignment pursuant to the Law and Property Act 1925 Section 136(1)

 

5. On receipt of the claim form, the Defendant sent a request under the customer credit Act 1974,by way of a section 78 for a copy of the agreement,

and on payment of the statutory fee of £1.00; the Claimant is and remains in Default of said s78 request

 

A further request made via CPR 31.14, requesting disclosure of documents on which the Claimant is basing their claim .The claimant has not complied

 

6. It is therefore not accepted with regards to the Defendant owing any monies to the Claimant and the Claimant is put to strict proof to:

 

a) show how the Defendant has entered into an agreement with the Claimant and

b) show how the Defendant has reached the amount claimed for and

c) show the nature of the breach and evidence by way of a Default Notice pursuant to sec 88 CCA1974

d) show how the Claimant has the legal right, either under statute or equity to issue a claim

 

7. As per Civil Procedure 16.5 it is expected that the claimants prove the allegation that the money is owed

 

8. On the alternative, as the Claimant is an assignee of a debt, it is denied that the Claimant has the right to lay a claim due to contraventions of section 136 of the Law of Property Act and section 82A of the Consumer Credit Act 1974

 

9. By reasons of the facts and matters set out above, it is denied that the Claimant is entitled to the relief claimed or any relief.

[isbo]

How does that seem for a defence, please folks?