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

[AndyOrch]

Particulars added and numbered isbo...just amend you paragraph numbers to respond to their particulars.

 

Andy

[isbo]

Brilliant, thanks Andy! I'll re-read it this evening and amend as you say. Blummin' marvellous!

[martin2006]

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.

 

Add 9. above and remove any references to s77, thats for a fixed loan, you should only refer to s78

[isbo]

Amended to match their Particulars of Claim (wouldn't allow me to edit the post above for some reason, so apologies for this):

 

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 crediticon 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 in the past had an agreement with Barclays but do not recognise this specific account number or recollect any outstanding debt and have therefore requested clarification by way of a CPR 31.14 and section 78 request.

 

3. Paragraph 2 is further denied. I am unaware of any legal assignment or Notice of Assignment pursuant to the Law and Property Act 1925 Section 136(1) from either the original creditor or MKDP LLP or HPH2.

 

4. Paragraph 3 is denied,I do not recall ever receiving a Default Notice pursuant to s.87(1) CCA. or any advance notice or warning.

 

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

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

 

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.

[AndyOrch]

Paragraph 1 does not refer to assignment isbo...that's in para 2 which you have responded in your 4.

Paragraph 2 does not refer to default notice....thats in para 3

 

 

Defence amended and now checked

[isbo]

Ooh 'eck! My 5 month old is sat next to me in her jumperoo going bananas, and my head is thumping! I can't think straight aaaargh!

[AndyOrch]

Now corrected for you...ready to submit...if you're happy its accurate.

[isbo]

Magic Andy, absolutely magic. Thank you so much! Would you file it tomorrow night or Thursday?

[AndyOrch]

Whenever your ready:-)

[isbo]

Just don't want to leave them time to usurp my defence Andy.

[AndyOrch]

Makes no odds whether you use the full 14 days or not...you can actually submit a defence same time as your acknowledge service...very little the claimant can do.

[isbo]

Ah OK. I'll do it with a not-so-banging head tomorrow evening!

[AndyOrch]

Take an aspirin regroup tomorrow

[martin2006]

Good man isbo, hope it makes you feel empowered knowing you did that mostly on your own, ok with a little guidance but its YOUR work, well done

 

Martin

[isbo]

Thanks Martin, although the whole situation is something I could well do without, I have derived some satisfaction from getting it in order. Couldn't ever have even thought about it without this site, Andy and your goodself amongst others. Good to go to MCOL and file now then?

[isbo]

Take an aspirin regroup tomorrow

 

Ha! Clear head, baby sleeping at the moment!

[isbo]

Defence submitted...

[martin2006]

What i would suggest now if you havent already, is take time to digest and understand exactly whats in that defence, should it get as far as mediation/courtroom, you need to understand the points of what you have just submitted.

Great job so far

[isbo]

Fair point Martin. I've got a pretty good handle on it now though I will embed it further. And thanks!

[martin2006]

Wont do any harm isbo

[isbo]

I've received what I should think is a standard letter from the Court today, stating that I have filed my defence and that has been sent on to the claimant.

[isbo]

In today's post was a 'Notice of Proposed Allocation to the Small Claims Track'.

TAKE NOTICE THAT

1. This is now a defended claim.

Then the line "The defendant has filed a defence, a copy of which is enclosed" has had a line put through it - so I assume that they've never responded to me, or the Court.

 

2. It appears that this case is suitable for allocation to the small claims track.

If you believe that this track is not the appropriate track for the claim, you must complete box C1 on the Small Claims Directions Questionnaire (Form N180) and explain why.

 

3. You must by 20 May 2016 complete the Small Claims Directions Questionnaire (Form N180) and file it with the court office [the County Court Business Centre, 4th Floor etc Northampton] and serve copies on all other parties.

_______________________________________________

 

There is also a pack about mediation enclosed with the Notice.

 

OK - all good so far, what should my next move be, please?

[Guest]

Then the line "The defendant has filed a defence, a copy of which is enclosed" has had a line put through it - so I assume that they've never responded to me, or the Court.

no, just means that bit is n/a to you, as you are the defendant (the claimant gets sent the exact same copy order, theirs prob wont be crossed out).

[isbo]

Ah right, OK thanks Ford.

[martin2006]

You will need to fill in the DQ and return it by the due date.

 

Andyorch will see this and advise fully on the details, he is more clued up at the business end of procedures.