Morgan Stanley/Goldfish Cabot are now chasing advice please

[ScabHunter]

No 4? Should that be CPR 31.16 not just 16?

 

No, Rhia, it is Part 16 which deals with the statement of case, specifically Part 16.4

 

PART 16 - STATEMENTS OF CASE - Ministry of Justice

 

CPR 31.16 relates to requesting disclosure of information before proceedings start.

 

SH

[Rhia]

Thanks for that just learnt something else.

[trumpetmaest]

I have been learning lots of things over the last few weeks!

 

Do we think it is ready to go?

 

What happens next, their claim is for over £5k even without interest they are trying to add.

[ScabHunter]

Even though I will probably be up all night working to meet an urgent deadline I have given the defence a look over.

 

It looks good to go to me, unless there is a PPI or significant unfair charges issue which could be included as part of the points about the need for a default notice to be accurate.

 

The only question I would ask is with points 13 and 16 - Shouldn't Section 60(1) really be 61(1) as that is the part that specifically mentions the prescribed terms?

 

SH

[trumpetmaest]

There is not any PPI and I don't have a list of all the charges they have added. However, I calculate them to be about £300-£500 in total.

 

As I understand Section 61 of the consumer credit act 1974 refers to the signing of an agreement (Not terms and conditions), a document must conform to regulations made under the provisions of section 60(1) Consumer Credit Act 1974 otherwise it cannot be properly executed

 

When I print my defence do I send a copy to Morgan as well. Also I have been reading about completing an N244 to make them disclose the information I have requested to file my defence. Should i do this now or wait?

Finally, the court is currently Northampton but this is not local for me. Will they move it to my local court or do I have to request this?

sorry to be a pain.

[cymruambyth]

They will automatically transfer to your local court. The court will give a copy of your defence to Morgan, who will send you a statement refuting all the points of your defence (you can ignore this, but keep for future reference).

You have to pay for a N244, so you might as well wait for the court to give directions for the production of documents.

Edited October 12, 2009 by cymruambyth
Added something

[trumpetmaest]

They will automatically transfer to your local court. The court will give a copy of your defence to Morgan, who will send you a statement refuting all the points of your defence (you can ignore this, but keep for future reference).

You have to pay for a N244, so you might as well wait for the court to give directions for the production of documents.

 

Is there any advantage in getting this in early? I understand that it is £75 but is it better to strike first ?

[Rhia]

Not sure about your last question but re the penalties can you get the details under a Subject Access Request from the original creditor? They may only be between £300-£500 but if you add them up with the contractual interest and the interest on interest (spreadsheet on here) you may well make a heftier dint in their claim and also it makes the default notice invalid. But you need to prove it.

[trumpetmaest]

Not sure about your last question but re the penalties can you get the details under a Subject Access Request from the original creditor? They may only be between £300-£500 but if you add them up with the contractual interest and the interest on interest (spreadsheet on here) you may well make a heftier dint in their claim and also it makes the default notice invalid. But you need to prove it.

 

Have I got time to SAR them and then use this when I'm in court?

 

Also how do i submit my defence?

 

I have printed it off along with exhibits, copies of proof of postage etc.

 

Do I just post it off or do I complete the court sheet and insert "please see attached defence" in the defence section?

sorry to sound stupid.

[trumpetmaest]

bump

[trumpetmaest]

Have I got time to SAR them and then use this when I'm in court?

 

Also how do i submit my defence?

 

I have printed it off along with exhibits, copies of proof of postage etc.

 

Do I just post it off or do I complete the court sheet and insert "please see attached defence" in the defence section?

sorry to sound stupid.

 

Can someone please shed light on this. I am getting close to the dat my defence has to be in.

[cymruambyth]

Hi, you can send a SAR though I don't know if it will help if they have already ignored any CPR requiests.

Submit your defence by SD to the court. You do not need exhibits etc at this stage. And yes, complete court sheet and insert attached etc. Make sure you meet the deadlines.

As for sounding stupid, no you are ensuring that you are prepared in an alien environment and do not want to give the opposition any opportunity to beat you! For stupid look at some of the questions I have posted

 

http://www.consumeractiongroup.co.uk/forum/legal-issues/153641-monument-cabot-9.html post 176 gives excellent advice from BRW for what to do once your defence has been submitted.

Edited October 14, 2009 by cymruambyth

[trumpetmaest]

I have downloaded n244 & am looking at how to fill it in.

Is this the right idea?

 

Part 3

 

Application to strike out the Claim.

This application is made in accordance with the Civil Procedure Rules, Part 3.4 on the basis that the defendants counter claim has no realistic prospect of success (Rule 3.4) and in accordance with Practice Direction 3, part 1.7 which states that:

A party may believe he can show without a trial that an opponent’s case has no real prospect of success on the facts, or that the case is bound to succeed or fail, as the case may be, because of a point of law (including the construction of a document). In such a case the party concerned may make an application under rule 3.4 or Part 24 (or both) as he thinks appropriate.

 

Part 10

The claimant’s particulars of claims disclose no legal cause of action and they are embarrassing to the defendant as the claimant's statement of case 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;

 

1.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 agreements referred to, the method the claimant calculated any outstanding sums due, or any default notices issued or any other matters necessary to substantiate the claimant's claim.

 

 

2.On 23rd September 2009 the defendant requested the disclosure of information pursuant to the CPR 31.14 and CPR18 from the claimant. The claimant has not replied or responded to either disclosure request.

 

3.Copies of the purported written agreements that the claimant cites in the Particulars of Claim, and which form the basis upon which this claim has been brought, have not been served.

 

4.Copies of any evidence of both the scope and nature of any defaults, and proof of any amounts outstanding on the alleged accounts, have not been served.

 

5.As the claimant has failed to produce any copies of any credit agreements in the requisite timescale, and in the absence of such agreements, which conforms to sections 60 and 61 of the Consumer Credit Act 1974, the Defendant avers that no agreements have ever existed for there to have been any failure to make said payment.

 

6.The Claimant has not established any legal right to issue a claim or proven that any debts exist. It is therefore the Defendant’s position that the Claimant’s claim is entirely spurious and without merit and should be struck out for the aforementioned reasons.

[cymruambyth]

Hi, post 54 onwards on this thread http://www.consumeractiongroup.co.uk/forum/legal-issues/208997-restons-hfc-bank-myself-3.html#post2314245 is the advice from car on which I based my SJ application in http://www.consumeractiongroup.co.uk/forum/legal-issues/197031-oh-cap-1-rob-4.html, post 70 onwards. I'm tired so that's the only help I can give at present. I'm still waiting for the 7 days before the application is due to be heard to see what is happening.

[reorete]

omg i spoke to steve perring this morning lol what an asshole he is. i phones to ask why hes sent the application for credit out to me yet again for the 3rd time no terms conditions , he waffled that its good enough etc gave the usual threats so i invited him to take me to court because i said the application wasnt proof. he said he wouldnt be taking this to court but would still pursue the debt and threatened me with other agencys. his legal team? he was very angry and said he had proof that he has statements showing ive paid payments etc. the debt was from 2004 .its not that i dont want to pay it jus makes me mad that a 200 pound debt has turbed into a £1,151 pound debt

[trumpetmaest]

Hi, post 54 onwards on this thread http://www.consumeractiongroup.co.uk/forum/legal-issues/208997-restons-hfc-bank-myself-3.html#post2314245 is the advice from car on which I based my SJ application in http://www.consumeractiongroup.co.uk/forum/legal-issues/197031-oh-cap-1-rob-4.html, post 70 onwards. I'm tired so that's the only help I can give at present. I'm still waiting for the 7 days before the application is due to be heard to see what is happening.

 

Great help thanks. N244 is completed along with cheque.

[trumpetmaest]

I would love to be a flie on mr Morgan's wall when when it arrives!

[trumpetmaest]

Called Northampton today. The clerk told me that the case had been transferred to my local court.

Can anyone suggest what the usual timescale is now?

[trumpetmaest]

Had a letter from local court but nothing further. Should I just wait?

[ScabHunter]

Had a letter from local court but nothing further. Should I just wait?

 

What did the letter say?

 

SH

[cymruambyth]

Had a letter from local court but nothing further. Should I just wait?

 

As SH says what was in the letter?

Court timescales vary greatly. I phoned every couple of weeks to look for updates. In the end one court reviewed case after about a month with a trial date for April/May. Another court (yes we are greedy) took 2 months to do anything and gave a court date 2 months later

[trumpetmaest]

The letter came from my local court and it said that my case had been transferred to them regarding my application for a stike out as per my n244 application.

[trumpetmaest]

Should I be phoning the court or wait for a letter? It has been just over two weeks since I got the letter from my court.

[cymruambyth]

It's up to you, I phoned a few times but left gaps of a couple of weeks between calls.

[trumpetmaest]

Got a letter from court today:

 

N24 Notice of Hearing

 

Take notice that the hearing of the defendants application will take place on 25th January 2010 .

 

When you should attend

 

20 minutes has been allowed for this Hearing.

 

Please note: This case may be released to another Judge, possibly at a different Court.

 

To ensure prompt attendance at any hearing, it is advisable to arive at the court at least 30 minutes prior to rthe time of your hearing. Any delay may result in the Judge dealing with your case in your absence.

 

Now in my N244 I requested that the claim was struck out and that i would like the application dealt without a hearing. I enclosed a draft order and a statement in support of my application for summary judgment.

 

 

I was surprised when Northampton transferred my claim to this court because although the court is the same as my postcode it is not my local court. The last time I went to court (with crapquest and won!) was at another more local court. If they decide to transfer it will the date stay or will it be put back? What will Morgans now be doing? What do I need to do?