Court Claim received from Black Horse but account is with the FOS

[AndyOrch]

Ok well quite considrable then so defend and issue a counterclaim. Save the PPI for the c/c and keep the defence to refute the claimants P.O.C.

 

Somthing like would be ok

 

Defence

 

1. The particulars of claim are vague and do not provide sufficient detail to enable the defendant to plead effectivley or at all. By way of example the claimant has failed to confirm the date of agreement upon which the cause of action is based.

 

2. Prior to the issue of the action the claimant was requested to disclose documents relating to the alleged debt and/or agreement. The claimant failed and/or refused so to do.

 

3. The documents described above were the subject of a request pursuant to the Data Protection Act 1998 and/or the Consumer Credit Act 1974.

 

4. In all the circumstances the defendant denies being indebted to the claimant as alleged or at all.

 

Part 20 Claim

 

5. The defendant/Part 20 claimant intends to claim sums paid to the claimant /Part 20 defendant in relation to a Payment Protection Insurance policy, sold by the claimant/Part 20 defendant to the defendant/Part 20 claimantwithout qualification or appropriate advice as required by the Financial Services Authority et al. The claimant/Part 20 defendant acted as agent/broker on behalf of the insurance company issuing the policy to the detriment of the defendant/Part 20 claimant.

 

6.The defendant/Part 20 claimant refers to paragraphs 2 and 3 above, As a consequence of the claimants/Part 20 defendants failure and/or refusal to provide documents, the defendant/Part 20 claimant is unable to plead the Part 20 claim with particularity.

 

And the defendant/Part 20 claimant claims:-

 

i) An order requiring the claimant/Part 20 defendant to disclose statements of account covering the entire period of the alleged agreement and a copy of the alleged agreement.

 

ii) Damages limited to £5,000.00

 

iii) Interest pursuant to Section 64 of the County Courts act 1984 at the rate of 8% per annum until judgment or further order or such other sum as the court thinks fit.

 

 

 

Regards

 

 

Andy

[adamski]

Thanks they have and will again supply the documents, the credit agreement is valid and enforcable my point is the account is in dispute and they know it, it is wrong to take me to court when it is in dispute with the FOS which they recommended.

[adamski]

Heres a rough defence feel free to make suggestions or say its no good.

 

Defence

 

 

 

 

1. The Claimants particulars of claim are very vague and are wholly insufficient for this action, nothing is offered as to how the figure claimed is calculated, no statements showing how the payments made by the defendant affected the balance and the particulars of claim fail to comply with CPR part 16

 

 

 

2. In respect of the figures claimed, notwithstanding the fact as already pleaded that I cannot be sure as to the correct amount owed if any, it is averred that the sums claimed contain charges which are unfair within the meaning given in the Unfair Terms in Consumer Contract Regulations 1999 and it is further averred that the charges levied are punitive in nature and are penalties

 

 

3. The issue surrounding Bank charges is currently being dealt with by the High Court in the Office of Fair Trading and Abbey and 7 others Claim number 2007 Folio 1186 and it is therefore submitted that the issues in this case are largely relevant to the OFT case and therefore this case should be stayed until the final determination of the OFT case

 

 

 

4. It is neither admitted nor denied that any Default Notice in the prescribed format was ever received and the Defendant puts the Claimant to strict proof that said document in the prescribed format was delivered to the defendant.

 

5. Notwithstanding point 11, I put the claimant to strict proof that any default notice sent to me was valid. I note that to be valid, a default notice needs to be accurate in terms of both the scope and nature of breach and include an accurate figure required to remedy any such breach. The prescribed format for such document is laid down in Consumer Credit (Enforcement, Default and Termination Notices) Regulations 1983 (SI 1983/1561) and Amendment regulations the Consumer Credit (Enforcement, Default and Termination Notices) (Amendment) Regulations 2004 (SI 2004/3237)

 

6. Failure of a default notice to be accurate not only invalidates the default notice (Woodchester Lease Management Services Ltd v Swain and Co - [2001] GCCR 2255) but is a unlawful rescission of contract which would not only prevent the court enforcing any alleged debt, but would also give rise to a potential counterclaim for damages where damage occurs to my credit rating (Kpohraror v Woolwich Building Society - [1996] 4 All ER 119)

 

 

 

 

7.The Defendant contends that the agreement is currently in dispute and is being investigated by the Financial Ombudsman Service complaint reference number xxxxxxxxxxxxxxxxxx and that the Claimant is fully aware of this and is against OFT guidelines

Deceptive and/or unfair methods

2.7 Dealings with debtors are not to be deceitful and/or unfair.

2.8 Examples of unfair practices are as follows:.

k. not ceasing collection activity whilst investigating a reasonably queried or

disputed debt.

 

 

8. 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, and as made clear in paragraph 7 the Claimant is a VEXATIOUS litigant and also so that once the Financial Ombudsman Service has made it decision The Claimant and The Defendant can come to a mutual payment arrangement without the intervention of the courts.

 

 

 

9. Alternatively, I respectfully request a stay in proceedings until such time as the claimant complies with the requests outlined in paragraph 3, 5 and 7 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 will seek the courts permission to amend my statement of case accordingly.

 

 

 

 

Statement of Truth

 

 

 

 

 

I, believe the above statement to be true and factual

 

[AndyOrch]

I appreciate that but the claim as been issued now so you must defend it.

[AndyOrch]

Hi

 

Yes I see what you are trying to achieve but my simple defence will achieve all the above by submitting it with the Part 20.Defences are drafted to refute the P.O.C nothing else arguments are retained for the counterclaim which is the best form of defence.What I posted was only an example to help you draft somthing similar.

 

Regards

 

Andy;)

[AndyOrch]

Could you type up the Claimants P.O.C verbatum lets see what the claim is

 

 

Andy

[adamski]

Hi

Its in post 14 their POCs

[adamski]

I have already acknowledged service with intent to defend

[AndyOrch]

Ok didnt see that is the claim from Northampton Bulk Claims.?

 

 

 

Andy

[adamski]

Yes it is I understand that affects their POCs?

[AndyOrch]

CCBC Northampton restrictions.

A lot of your defence is from previous defence that I have drated.

IMHO your point 7 admits the alleged debt and loses credability hence the need to keep that for the C/C.Your defence needs attention and so I will come back to you tomorrow if that is ok

 

Regards

 

Andy;)

[adamski]

Thanks

I wil look out for you.

[42man]

sorry...this was in answer to last post on page 1 !!

[NitrousOxide]

Hi,

42man your letter for CPR was in fact an SAR.

[adamski]

Hi

Just wondering if you had chance to have a look at my defence anyone?

any advice is welcome.

[42man]

Adamski.....

 

NitrousOxide is correct and I apologise most profusely.....this is the CPR request !!! that should be sent by recorded ....ASAP...sorry I posted the SAR request....

 

In the XXXX County Court

Claimant -v- (YOUR NAME)

Claim Number: (CLAIM NUMBER)

 

 

Dear XXX

 

REQUEST FOR INFORMATION

 

I have received a recent court claim from your organisation. In order to file a defence and counter claim I require some information. Given that this matter is now the subject of legal proceedings, you are obliged to disclose under the Civil Procedure Rules, the information and documents detailed below.

 

The information must be furnished within fourteen days of the receipt of this letter. If you fail to comply, this will be reported to the Court, a copy of this letter will be provided as evidence to the same and an Order enforcing your compliance will be sought.

 

1. A true copy of the executed credit agreement and any terms and conditions that applied to the account at the time of default and at the time the account was opened. True copies of any notice of assignment and/or default notice or enforcement notice that you or the original creditor sent me, with a copy of any proof of postage that you hold.

 

 

1.1 If copies of any of the above documents are to be relied on in court rather than originals, a copy of the Notice of proposal to adduce hearsay evidence required under s2(1) of the Civil Evidence Act 1995 together with proof of the authenticity of the document(s) as required under s8(1)(b) of the Act, including but not limited to:

 

(a) a copy of the procedure(s) used for copying, storing and retrieving documents

(b) a copy of the relevant log entry showing the time and date of the scan or copy, the name of the member of staff making the copy, the method used for copying, storage and retrieval and time and date of destruction of the original document(s)

© copies of internal and external audit reports covering the entire period from the date of the copy to the present to demonstrate that the procedures have been complied with

(d) copies of Quality Assurance accreditation certificates covering the entire period from the date of the copy to the present to demonstrate that the procedure(s) and audit process(es) comply with the appropriate quality standards

 

2. All records you hold on me relevant to this case, including but not limited to:

 

a. Transcriptions of all telephone conversations recorded and any notes made in relation to telephone conversations by your company, or by any previous creditor

b. Where there has been any event in my account history over this period which has required manual intervention by any person, I require disclosure of any indication or notes which have either caused or resulted in that manual intervention, or other evidence of that manual intervention in relation to my account formerly held with *********.(AMEND TO THE COMPANY NAME)

c. .Documents relating to any insurance added to the account, including the insurance contract and terms and conditions, date it was added and deleted (if applicable).

d. Details of any collection charge added to the account; specifically, the date it was levied, the amount of the charge, a detailed financial breakdown of how the charge was calculated, and what the charge covers.

e. Specific details of the fees/charges levied by any other agency in respect of this account and a detailed breakdown of said fees/charges and what each charge relates to and on what date said fees/charges were levied.

f. A genuine copy of any notice of fair use of my data as required by the Data Protection Act 1998

g. A list of third party agencies to whom you have disclosed my personal data and a summary of the nature of the information you have disclosed.

h. Copies of statements for the entire duration of the credit agreement.

 

3. Any other documents you seek to rely on in court.

 

 

I will require this information within the next fourteen days. I must advise you that if the information is not forthcoming, it will be reported to the Court that you are trying to frustrate proceedings and denying me the opportunity to file a defence and counter claim.

 

Yours sincerely,

 

XXXX (type, don't sign).

[adamski]

OK

Thanks for that I was aware that I had to send this it will be going special delivery tomorrow.

 

I they do not reply do I use the defence as in post 25?

 

If they do reply to the request and fufill it then what do I do?

[adamski]

Help please!

[adamski]

OK

sent off request for info to

SCM Lloyds inhouse solicitors.

Any advice really really welcome, maybe I have to do this alone like I have every time I have claimed or other wise on this site.

 

Or maybe I should come up with a sob story!

[adamski]

bump anybody please!

[adamski]

Ok

For anyone who is interested I will let you know how it goes as per usual.

 

Regards to those who have helped thus far.

[AndyOrch]

Hi Adamski

 

When is the deadline for your defence submission?

 

 

Regards

 

Andy

[adamski]

I acknowleded service on Friday

[AndyOrch]

Hi Adamski

 

Im not ignoring you just a tad busy on another thread if you can work out the exact date for submission or even ring court phone number top right tiny print just so we have the;) date you will not be left on your own to deal with this.

 

Regards

 

andy

[adamski]

Friday the 12th September is the date I have to submit my defence.

Thanks for your time Andy it is appreciated.