CCA MoorCroft/Argos Card

[42man]

Are you ok on timescales for acknowledging the claim and submitting defence ?

[manc1976]

Are you ok on timescales for acknowledging the claim and submitting defence ?

 

I will reply quickly before reading your previous post.

 

Timescales are fine, but ideally could do with it being moved to a local court.

[42man]

Wait until AQ / Directions stage......it may not even get to court !!

[manc1976]

Right, have read the letter a couple of times to make sure I didnt miss anything. It all seems relevant, but I have 1 question.

[Prior to the issue of proceedings I had delivered a request for the production of the agreement mentioned in the Claim Form and on which you rely. That request was ignored][delete if no such request was delivered]

 

It was Moorcroft who had said that they could not obtain a copy of the agreement and passed it back to Argos, so should I have then asked Argos for a copy? (Moorcroft did send me a copy but then for some strange reason said that they could not obtain a copy and I have that in writing, so I am going to ignore the fact that I do in fact have a copy!!)

[manc1976]

OK, another question, do I send the court forms back to Northampton or should I use the moneyclaim website?

 

Thanks

[manc1976]

OK, another question, do I send the court forms back to Northampton or should I use the moneyclaim website?

 

Thanks

 

bump*

[babybear39]

*bump*

[manc1976]

Right have decided to use the MoneyClaim website to complete the Acknowledgment of Service and also sent the letter posted by 42man to HL by Special Delivery.

 

Watch this space ......

[manc1976]

Royal Mail have confirmed that my letter has been delivered to HL

 

7 Days and counting for them to furnish me with the documents requested

[manc1976]

Well tomorrow is the day I would be expecting to get the documents through the post. Will let you know what happens.

[manc1976]

Well tomorrow is the day I would be expecting to get the documents through the post. Will let you know what happens.

 

OK, nothing in the post today, what do I need to do next??

[42man]

I think you'll need to send in the embarrassed defence Manc....but it may be to long for MCOL. - Have a read of this too - http://www.consumeractiongroup.co.uk/forum/legal-issues/159445-getting-them-reveal-their.html

 

http://www.consumeractiongroup.co.uk/forum/legal-issues/156156-help-mum-being-taken.html#post1665130 - one example here

[manc1976]

Thanks, will have a read of that soon

[manc1976]

I found this and wondered if it would be enough:

 

1. I, xxx, of xxxx make this statement as my defence to the claim brought by xxxx.

 

2. The claimant’s 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, even allowing for the constraints of the bulk issue system.

 

3. No documents supporting the claims in the particulars have been offered and despite a request to the claimant for further information via CPR 31.14 dated xxxx2009, sent by special delivery, none has been forthcoming and as a result I cannot plead in defence to the claim.

 

4. Without clarification of the claimant’s claim, the defendant is extremely disadvantaged and as the claimant’s claim appears without merit, the defendant asks to be allowed to submit a fully particularised defence should the claimant provide copies of the original documents he will rely upon.

 

5. Further to the above 4 paragraphs, the defendant is unable to plead effectively or at all. The defendant is embarrassed.

 

Statement of truth

 

I believe that the facts stated in this defence are true.

I am the Defendant.

 

Signed:

 

 

xxxxxx

date

[42man]

My feeling is that looks ok....but I would get another opinion !!

[manc1976]

My feeling is that looks ok....but I would get another opinion !!

 

Ok Thanks, I will see who else is about to take a look aswell.

[cerberusalert]

3. No documents supporting the claims in the particulars have been offered and despite a request to the claimant for further information via CPR 31.14 dated xxxx2009, sent by special delivery, none has been forthcoming and as a result I cannot plead in defence to the claim.

If the above is correct then it should be fine.

[manc1976]

If the above is correct then it should be fine.

 

Yes, it is correct, they have failed to respond to my CPR request in any way.

 

I will put this on the MCOL site tomorrow or should I wait until a day before my deadline to submit a defence?

 

Many Thanks

[babybear39]

Don't wait if you're ready as claimants have a nasty habbit of calling the court and asking for a default jugdement early if your defence isn't in!

[manc1976]

Don't wait if you're ready as claimants have a nasty habbit of calling the court and asking for a default jugdement early if your defence isn't in!

 

 

The cheeky beggers, how dare they stoop so low :razz:

 

Will submit it tonight when I get home.

[GARY68]

Hi Manc

good luck on this one,Im in the same boat letter wise with the wifes account and will no doubt get to this point, so subbing,

Having read your thread I cant believe they have gone to court with this, I think they are soon to fold before at aq stage.they are trying there look IMO.

Good luck and Keep your chin up,they have nothing.

[manc1976]

Got a letter from the court to say that they have received my defence and that the Claimant may contact me direct to come to an agreement. They have 28 days to notify the court that they wish to continue and if they fail to do so then the case will be stayed.

 

Hi Gary

 

They are a bunch of idiots, so dont be concerned by anything they throw at you.

[GARY68]

Hi Gary

 

They are a bunch of idiots, so dont be concerned by anything they throw at you.

 

Im not

[RoyalIrish]

Subbing

[manc1976]

Well it has been 28 (+ 5 Days service) and have heard nothing, so hopefully the case will be stayed.

 

I will update when I hear anything.