HFO/Turnbull/Rutherfords Claimform - Citi Credit Card DEbt

[popeye1]

sent cca/sar to hfo and

claim acknowledgment form, on 6/8/07.

 

cca/sar arrived next day but cannot locate claim to court,

mondays last day all registered.

 

will the court accept this ihave the royalmail red sign for ticket

 

got statements from original creditors ,no other paperwork, and they show, dept sale receipt xxxx 27/06/06 then payment by me 27/06/06 and 29/06/067 also £10 off the bill whitch was for the SAR ON THE 01/05/07.

On the court claim form dca bought he account on the31 /5/06.they [OR]still took payments off me after this date ,is that right,

 

ive ust thought the statements go till july 07 with afigure just over the limit allowed ,can this account still be open their are no charges [interest etc] showing over from july 06

 

if account purchased by DCA in 31/05/06 on the claim form, statements show dept sale receipt27/06/06 but took payment from me 29/06/06 and £10 in1/05/ 07 .DCA purchased the account and rights can they both have a claim or is this a misstake and good for me ,any body please i would wellcome your comments.

 

wheir is the password on the claim form in case ineed to aswer that way please,,,

 

court received acknowledgment form. now to prepair defence, help please

 

no paperwork [cca/sar] from dca all sent 6/8/7 so they have 7 days .Last day to submit defence 28/8/07

[tomterm8]

Hi, no need to prepare a defence yet... you haven't got any of the info; if they don't send it to you on time, we'll submit a placeholder.

[popeye1]

ok thanks for that, do not know what a placeholder is, but will read other threads anyway, can only learn from them.

[tomterm8]

ok thanks for that, do not know what a placeholder is, but will read other threads anyway, can only learn from them.

 

Basically, a defence that says they have provided no proof of the debt, and that the debt is unenforceable due to various provisions of the consumer credit act.

[popeye1]

sounds great ,just got to hope i get nothing from them ,just wait now. thanks tomterm8

[popeye1]

I Know This Is Daft But I Still Cannot Find My Password On The Claim Form ,their Is A Bar Code At The Bottom Right Corner ,,i Will Phone Their Help Line Tomorrow If No Luck Tonight

[tomterm8]

This is based on a rory32 effort. I must admit, it is a bit of a relief not dealing with a cabot rights vs duties argument... that one always generates lots of paper:)

 

 

 

 

1.I object that the claimant's statement of case is insufficiently particularised and does not comply or even attempt to comply with CPR part 16. In this regard I wish to draw the courts attention to the following matters;

 

a) The Particulars of Claim are vague and insufficient and do not disclose an adequate statement of facts relating to or proceeding the alleged cause of action. No particulars are offered in relation to the nature of the written agreement referred to or any default notices issued or any other matters necessary to substantiate the claimant’s claim.

 

b) they do not disclose a right of action by the claimant, and fail to explain the contractual relationship between myself and the claimant; if the claimant is not the creditor of this alleged agreement, and is merly acting as an agent or legal representative of another firm, then I respectfully submit that under s141 of the consumer credit act 1974 the court does not have jurisdiction to hear the case unless brought by the creditor in its own name.

 

c) A copy of the purported written agreement that the claimant cites in the Particulars of Claim, and which appears to form the basis upon which these proceedings have been brought, has not been served attached to the claim form.

 

d) A copy if the purported document or contract of assignment that the claimant cites in the Particulars of Claim, and which appears to form the basis upon which these proceedings have been brought, has not been served attached to the claim form

 

e) A copy of the purported notice of assignment that the claimant cites in the Particulars of Claim, and which appears to form the basis upon which these proceedings have been brought, has not been served attached to the claim form, and neither has a copy of any proof of postage or receipt.

 

f) A copy of the purported default notice that the claimant cites in the Particulars of Claim, and which appears to form the basis upon which these proceedings have been brought, has not been served attached to the claim form, and neither has a copy of any proof of postage or receipt.

 

 

g) A copy of any evidence of both the scope and nature of any default, and proof of any amount outstanding on the alleged accounts, has not been served attached to the claim form.

 

 

 

2. Since the particulars of claim do not state what type of regulated agreement the claimant alleges I have allegedly defaulted on, on 7 August 07, I submitted to the claimant a formal demand under section 77 or 78 of the Consumer Credit Act 1974 (“The Act”), requiring the claimant to provide true copies of the alleged regulated credit agreement, along with true copies of all documents referred to therein. The Claimant has failed to furnish the requested documentation on time, or at all. Therefore until such time as the claimant complies any alleged debt would be unenforceable by virtue of section 77 or 78 of the Act.

 

3. Further to paragraph 2, on 7 August 07 I submitted to the claimant a written request for a copy of the alleged credit agreement, as well as other important information in respect of the account referred to by the claimant, such as details of any fees and collection charges levied to the account. The requested information is essential to enable me to file a full defence and counterclaim. The claimant was advised that as this matter was subject to legal proceedings, the information requested must be furnished within 14 days. The claimant has as yet failed to comply, and I respectfully request the permission of the court to amend this statement of case if this information is forthcoming.

 

4. For the avoidance of doubt, to date the claimant has failed to produce a credit agreement to substantiate their claim that monies are owed under a regulated credit agreement, and therefore I do not acknowledge any alleged indebtedness to the claimant, and all allegations contained within the Particulars of Claim are denied.

 

 

5. In view of the matters pleaded above, I respectfully request that the court gives consideration to whether the claimant’s statement of case should be struck out as disclosing no reasonable grounds for bringing the claim, and/or that it fails to comply with CPR Part 16.

 

6.Alternatively, I respectfully request a stay in proceedings until such time as the claimant complies with the requests outlined in paragraph's 2 and 3 above or until the court orders its compliance with the same. I will then be in a position to file a fully particularised defence and counterclaim and will seek the courts permission to amend my statement of case accordingly.

 

I, the Defendant, believe all facts stated to be true

 

Signed: Dated:

 

You need to attach a copy of your letters to them.

[popeye1]

thanks for that tomterm8, my claim defence form n9b willhave to be faxed because it has to go to wandsworth court ,thats ok ,i have access to a fax machine.Do i start writing the defence on the form and if not enough space carriy on a seperate pieace of paper.i donot think i have any counterclaim ,just getting through this will be good enough , thanks.

 

It does say in the Response Pack that i can use moneyclaim but when i phoned the for the password [i think i went through to northampton somewhere] they told me it was not that type of claim form ,no password

[tomterm8]

It does say in the Response Pack that i can use moneyclaim but when i phoned the for the password [i think i went through to northampton somewhere] they told me it was not that type of claim form ,no password

 

 

If you go to http://www.hmcourts-service.gov.uk/courtfinder/forms/n9b_0406.pdf you will find an electronic copy of the claims form.

 

It doesn't have enough room, so continue on a seperate page.

 

Remember to print out a copy for your own records.

[popeye1]

right, i,ve [ with alot of help from a friend] filled in the defence forms, 2pages from the internet address above plus extra sheet with what i could not get on the forms.also copies of the letters i sent to climents solicitors to be faxed on the 24th if nothing changes ,ok

[volvodriver]

Tomterm8

 

Section 2:

 

is 77 or 7 correct?

 

should it be 77 or 78?

 

Volvodriver

[tomterm8]

 

yep. good catch.

[popeye1]

thanks,changed it ,copies of letters i sent to them, defence forms all will go tomorrow,

[popeye1]

forms and copys faxed with proof to court , i suppose just wait again for reply from court,

[popeye1]

i have called up[ court to day and they have all my papers logged in,now just got to wait for reply. Do i have to send any of my defence to the other side ,thanks

[tomterm8]

Nope. you don't need to do anything now, until the court gets in touch with you. probably the letter will say that the case is stayed for 28 days for the claimant to decide if they want to continue, and transfer it to your local court.

[popeye1]

thanks for that

[popeye1]

have reaceived Allocation Questionnaire [small claims track] have filled in with help from tomterm8 and now posted ,again just wait for reply from court,[ have asked to have location of hearing moved closer to me], so just wait ,ok.

[popeye1]

can someone tel me is the 12/2 +30 days for cca info including sat/sun

[tomterm8]

it's 12 working days after receipt of the letter; criminal default occurs a month latter. All you are interested in, really, is the 12 days.

[popeye1]

thats good news,they are wellover and 30 days now. the new rules about agreements come into force april 07 [ i think] if you have made payments on aolder account after this [07 april ] .on a account about 4 years old do the new rules apply, many thanks tomterm8 for your help

 

As i have a court case coming up, would it not be in my favour to report the dca for not complying to my cca request, to T/S

[tomterm8]

Pardon? No, they don't. the rules on credit agreement format apply if the agreement was made before april 07. Paying money after april 07 DOESN'T affect anything very much.

[popeye1]

After all this time just got a date for court called Case management conference early next year.30 minutes allowed.

[tomterm8]

Were you even allocated to a track?

[popeye1]

I had aletter from the first court which said the claim has been transferred to a court closer to me for allocation , on receipt the file will be referred to a procedural judge who will allocate the claim to track and give case management directions.details of the judges decision will be sent to me in a notice of allocation,. i recieved that letter in oct but waited for this letter before writing on the thread