HpH2/cohen Claimform - Old Nationwide OD debt

[farmersgirl]

Hi, Just to catch up to say I have received nothing back I response from HpH2

have been looking at the defences as you suggested.

 

Not sure which one I should use as I did know about the account and I did, at some point, pay some off it so don't feel I can say I didn't now about it in my defence (if you get my drift)

 

Would be grateful for any suggestions.

 

Thanks

[AndyOrch]

Your defence is due tomorrow and you have only posted today ?

 

Andy

[farmersgirl]

I thought it was due on the 4th

[farmersgirl]

Oh gosh, what an idiot, you are right, it is the 3rd. I work such erratic hours I have lost track of time. Sorry. I don't expect you to work any miracles.

[AndyOrch]

#####Defence Current Account example###### Edit to suit your particulars of Claim

 

Your Particulars of claim

 

1.The claim is for the sum of £303.33 in respect of monies owed pursuant to an overdraft facility under bank account number xxxxxxxxxx

2.The debt was legally assigned by MKDP LLP (ex Nationwide) to the claimant and notice has been served.

3.The defendant has failed to repay overdrawn sums owing under the terms and conditions of the bank account

 

4.The claimant claims

1. The sum of £303.33

2. Costs

 

 

1. It is admitted with regards to the Defendant having use of a facility to overdraw with the original creditor XXXXXXXX Bank.

 

2. The defendant denies that the alleged amount was for finance service or goods but is as a result of unfair and extortionate bank charges/penalties being applied to the account.

 

3. I refute the claimants claim is owed or payable. The amount claimed consists totally of default penalties/charges levied on the account for alleged late, rejected or over limit payments. The court will be aware that these charge types and the recoverability thereof have been judicially declared to be susceptible to assessments of fairness under the Unfair Terms in Consumer Contracts Regulations 1999 The Office of Fair Trading v Abbey National PLC and others (2009). I will contend at trial that such charges are unfair in their entirety.

 

4. 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. The Claimant has yet to provide a copy of the Notice of Assignment its claim relies upon.

 

5. The claimant is denied from added section 69 interest within the total claimed that as yet to be decided at the courts discretion.

 

6. As per Civil Procedure Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed.

 

Therefore the claimant is put to strict proof to:-.

 

(a) Provide a copy agreement/facility arrangement along with the Terms and conditions at inception, that this claim is based on.

(b) Provide a copy of the Notice served under 76(1) and 98(1) of the CCA1974 Demand /Recall Notice and Notice of Assignment.

© Provide a breakdown of their excessive charging/fees levied to the account with justification.

(d) Show how the Claimant has reached the amount claimed.

(e) Show how the Claimant has the legal right, either under statute or equity to issue a claim.

(

7. On receipt of this claim I requested documentation by way of a CPR 31.14 request dated XX XXXXX 2014 namely the Agreement and Termination Demand Notice referred to in the claimants Particulars of Claim. The Claimant has failed to comply with this request.

 

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

[farmersgirl]

Am I able to submit a defence stating that I am unable to defend myself against the claim as the claimant has not provided me with the requested information in the form of the CPR 31.14? That is the only way I can see of defending at the moment.

[farmersgirl]

Sorry, didn't see your reply before I posted mine. Thank you so much, I didn't expect that this time of night.

[farmersgirl]

Submitted, thank you again. Will let you know the outcome.

[AndyOrch]

Pity you didn't post here first to be checked....are you going to post a copy here for future reference ?

[farmersgirl]

I didn't want to assume anyone would be up that late to give me advice and If I left it to today then I might have missed te deadline.

My fault for leaving it too late.

This is what I sent.

 

Dear sirs

1. It is admitted with regards to the Defendant having use of a facility to overdraw with the original creditor Nationwide Bank.

 

2. The defendant denies that the alleged amount was for finance service or goods but is as a result of unfair and extortionate bank charges/penalties being applied to the account.

 

3. I refute the claimants claim is owed or payable. The amount claimed consists totally of default penalties/charges levied on the account for alleged late, rejected or over limit payments. The court will be aware that these charge types and the recoverability thereof have been judicially declared to be susceptible to assessments of fairness under the Unfair Terms in Consumer Contracts Regulations 1999 The Office of Fair Trading v Abbey National PLC and others (2009). I will contend at trial that such charges are unfair in their entirety.

 

4. 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. The Claimant has yet to provide a copy of the Notice of Assignment its claim relies upon.

 

5. The claimant is denied from added section 69 interest within the total claimed that as yet to be decided at the courts discretion.

 

6. As per Civil Procedure Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed.

 

Therefore the claimant is put to strict proof to:-.

 

(a) Provide a copy agreement/facility arrangement along with the Terms and conditions at inception, that this claim is based on.

(b) Provide a copy of the Notice served under 76(1) and 98(1) of the CCA1974 Demand /Recall Notice and Notice of Assignment.

© Provide a breakdown of their excessive charging/fees levied to the account with justification.

(d) Show how the Claimant has reached the amount claimed.

(e) Show how the Claimant has the legal right, either under statute or equity to issue a claim.

(f) Show how they have complied with sections III & IV of Practice Direction - Pre-action Conduct.

 

7. On receipt of this claim I requested documentation by way of a CPR 31.14 request dated 14th March 2018 namely the Agreement and Termination Demand Notice referred to in the claimants Particulars of Claim. The Claimant has failed to comply with this request.

 

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

 

 

Hopefully it is ok.

Edited April 3, 2018 by Andyorch
Name removed

[dx100uk]

no you've done ok

it wont hurt it might have been late

you are a LiP [Litigant In person] and are given certain leeways.

[farmersgirl]

Phew, thank you. Ok, well lets wait and see then

[AndyOrch]

Just a slight error on your 2....The defendant denies that the alleged amount was for finance service or goods.

 

The claimant did not plead it was......

 

1.The claim is for the sum of £303.33 in respect of monies owed pursuant to an overdraft facility under bank account number xxxxxxxxxx

[farmersgirl]

Ah, will that throw a spanner in the proverbial? They still haven't responded t my request.

[dx100uk]

not really

[farmersgirl]

Hi, just to update.

 

I had a letter from the courts back in April (3rd April) to say the defence had been received and a copy served on the claimant and they have 28 days to respond.

 

I then received a letter from Cohen's dated the 4th May stating they were in receipt of my letter (dated 4th March) and had requested the documents from their client.

 

Today I have received a letter from the court dated the (9th May) stating that this is now a defended claim and it appears that this case is suitable for allocation to the small claims court and that I must complete the small claims directions questionnaire.

 

There then follows forms for settlement/mediation and a load off bumpf asking me if I would like to settle my case without a court hearing.

 

I have never heard of this before. Is it legitimate?

There is no court stamp on this paperwork

[dx100uk]

you mean N180?

[farmersgirl]

The only N number I can see on it is in te bottom left hand corner N149A?

[farmersgirl]

oh no, sorry, on the second page N180

[farmersgirl]

It seems very badly ut together, all the information on settling out of court is badly photocopied and the signature page is tacked on behind it and could very easily be missed.

[AndyOrch]

Yes to mediation

 

Yes to Small Claim Track

 

State your local county court

 

1 witness (yourself)

 

Run 3 copies......Court/Claimants Sol/your File..

 

Use the following and complete on your PC and print......

 

https://www.consumeractiongroup.co.uk/forum/showthread.php?406099-LEGAL-N180-Directions-Questionnaire-(Small-Claims-Track)-**Correct-at-Sept-2016**

 

Return by the date stated...job done

 

 

Andy

[dx100uk]

yes to mediation

1 wit you

the rest is obv

 

make 3 copies

 

1 to the court by the date shown

1 to the claimants sols [minus email/sig/phone]

1 your file

[farmersgirl]

Thank you. Do you know what will happen next? Just so as I know what to expect?

[dx100uk]

probably mediation

get reading other OD Claimform threads!!

[farmersgirl]

Ok, thank you.