The Financial Repayment Service CMC claimform - PPI reclaim fees

[flower2]

Any help/comments on my defence would be greatly appreciated,. I need to submit at the latest on Monday

[AndyOrch]

What is the claim for – 

1.Unpaid claim management fees in accordance with the attached invoice in the sum of:- £641.84.

Interest pursuant to Section 69 of the County Courts Act 1984 at 8% per annum amounting to the sum of £0.14 per day from 5th September 2019 until 11th October 2019 amounting to £641.84 + £5.18. Continuing interest at £0.14 per day from the date of issue until judgement or sooner payment

 

 

######Defence######

 

1. 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.It is denied that any of the amounts stated are due under any contractual agreement.

 

3. On receipt of this claim We requested information pertaining to this claim from the Claimants Solicitors by way of a CPR 31:14 request sent via 1st class recorded post on 7th November 2019.To date we have not received the requested information.

 

 4. As per Civil Procedure Rule 16.5 (4) it is expected that the Claimant prove the allegation that the money is owed.Therefore with the court’s permission the Claimant is put to strict proof to :-

 

a) Show and disclose and quantify how the Defendant owes the amount in the claim;

 

     Reference S-1002591 from the FSCS confirming the rejection.

     Letter from the claimant dated 8th October 2019 confirming the above .

 

b) provide a copy of the agreement and Terms and Conditions

c) provide copies of telephone conversation with Michael Cooper 10th July 2019 and 1st November 2019.

d ) copy of the signed acceptance form for any redress from Eurosail.

 

It is brought to the court's attention that all the above have also been previously request by way of the claimants Pre Action Protocol dated and returned to the claimant solicitor/director on the 25th September 2019. It is respectfully requested that the court take this into consideration pursuant to 7.1 PAPDC.

 

5. Therefore  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.
 

 

 

[flower2]

Thank you very much Andy.

[flower2]

I have today received a letter from the solicitors saying CPR 31.14 doe snot entitle us to the documents requested.

 

Also that they will now proceed to sign judgement as the time for the defence has expired, but I have just checked with the court and the defence was sent on the 18th & the expiry was the 19th.

 

Where do we go from here?

[dx100uk]

what a load of tripe ..ignore them.

 

they don't sign any judgement..thats for the judge to decide if it ever gets infront of him.

 

cpr does apply, I bet they are saying it doesn't apply to small claim track?

well the case hasn't even been allocated to a track yet!!

 

if the above is what they say and not your misunderstanding of legalise ...

then i'd pers be thinking they are desperate and they know its gameover soon for them ..

[flower2]

Thank you.

I did wonder as when I spoke to Salford they said it takes 4 days after receiving the defence via email. I would have thought a solicitor should know that,

[flower2]

Advice please.

 

We have now received notice from the court

1. this is now a defended claim

2. the defendant has filed a defence copy of which is enclosed.

    It appears that the 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 directional questionnaire (Form N180) and explain why.

 

We have also received a form to use  the mediation service.

 

We need to return to the court by the 11th. (we have been out of the country and only just received, so time is of the essence) 

[dx100uk]

Both std letters in the process

 

use our search

n180

As long as its come from the court not the fleecers

[AndyOrch]

 

[flower2]

Thank you