VOLVO v CABOT (Bank One) Help needed, Court Claim received **DISCONTINUED**

[citizenB]

Righto, CPR requests. Have a read of the following thread by pt2537

 

http://www.consumeractiongroup.co.uk/forum/legal-issues/241827-legal-action-how-start.html

 

In the first post you will find another link to

 

http://www.consumeractiongroup.co.uk/forum/legal-issues/159445-getting-them-reveal-their.html

 

 

And in the first post of that you will find a draft CPR31.14 letter (which is mentioned in pt's thread).

 

As I am not certain if you should be using that or the alternative CPR18 request. I have asked others to look in on you. If no advice by tomorrow mid day, then I will assume we go with CPR18 and help you draft up a request to be sent to the solicitor.

[volvo]

Hi CitizenB

 

Just a thought,

 

Barclaycard debt, have never received any terms and conditions at all, not current or the original t&c's, made CCA request on 26th May 2007 and was signed for on 29/5/07, so doesnt this mean the Sect 77-79 request has still not been fully complied with?

 

Bank One debt, Cabot supplied blank T&c's from HalifaxBOS dated 03/08 but have not supplied the original Bank One T&C's from 1998. My CCA request for this account was made on 16th May 2007 and was signed for on 17th May 2007. I have royal mail proofs of delivery and original postal slips.

 

As both appear to still be in default of CCA requests without the original T&C's, is this a defence in itself?

 

VOLVO

Edited March 6, 2010 by volvo

[cerberusalert]

Those default notices are defective. The first is not date specific, the second from Bank1 has stipulated you have 14 days to remedy from the date of the notice neglecting the four days for service.

[citizenB]

Thanks cerberusalert:)

 

Volvo, in theory, no they havent complied fully. You will be asking for this information along the way. However, I dont think that this will be the "slam dunk" that it used to be. So you need to pick as many holes as you can until their whole case falls apart from lack of substance

[foolishgirl]

Hi Volvo, alerted by CB so dropping in as requested.

 

I've only read this thread fully so will look at B/C one later but here are my comments so far FWTW;

 

1.They are perfectly entitled to issue one claim form for both debts although it may confuse matters further down the line but that maybe what they're banking on

 

2. The POC is rubbish & should be defended as such i.e. short, sharp defence, letter to Morgans asking them to amend their POC & then go for a strike out. As CB pointed out, they are also claiming stat. interest - no!! However, as you have submitted your AS, you have time for this - more later...

 

3. The first thing you need to do is to send a CPR31.14 request. You can only ask for stuff in relation to what they have stated on the POC in this. If you need more (eg. DNs, statements etc. use a CPR18 aswell) Templates below...

 

4. It looks to me as though you have at least 1 x non-compliant CCA (Bank One) & 2 x defective DNs not to mention dodgy NOAs for which you really need to see the relevant DOAs to make sure they were correctly assigned (make sure the claimants tie up & also the dates - they can't issue NOA or POC until after the dates assigned)

 

CPR31.14 Request Template (Amend to reflect 2 x cards)

 

On xxxx I received the Claim Form in this case (Ref: xxxx )issued by you out of the Northampton County Court.

 

I confirm having returned my acknowledgement of service to the court in which I indicate my intention to contest all of your claim.

 

Please treat this letter as my request made under CPR 31.14 for the disclosure and the production of a verified and legible copy of each of the following document(s) mentioned in your Particulars of Claim:

 

1: the agreement. You will appreciate that in an ordinary case and by reason of the provisions of CPR PD 16 para 7.3, where a claim is based upon a written agreement, a copy of the contract or documents constituting the agreement should be attached to or served with the particulars of claim and the original(s) should be available at the hearing. Further, that any general conditions incorporated in the contract should also be attached.

 

2: the notices & deeds of assignment

 

You should ensure compliance with your CPR 31 duties and ensure that the document(s) I have requested are copied to and received by me within 7 days of receiving this letter. Your CPR 31 duties extend to making a reasonable and proportionate search for the originals of the documents I have requested, the better for you to be able to verify the document's authenticity and to provide me with a legible copy. Further, where I have requested a copy of a document, the original of which is now in the possession of another person, you will have a right to possession of that document if you have mentioned it in your case. You must take immediate steps to recover and preserve it for the purpose of this case.

 

Where I have mentioned a document and there is in your possession more than one version of that same document owing to a modification, obliteration or other marking or feature, each version will be a separate document and you must provide a copy of each version of it to me. Your obligations extend to making a reasonable and proportionate search for any version(s) to include an obligation to recover and preserve such version(s) which are now in the possession of a third party.

 

In accordance with CPR 31.15© I undertake to be responsible for your reasonable copying costs incurred in complying with this CPR 31.14 request.

If you require more time in which to comply with this request you must tell me in writing. You must tell me before the time for compliance with this request has expired. In telling me you require more time you must tell me what steps you have taken and propose to take in order to comply with this request and also state a date by when you will comply with this request. In addition your statement must be accompanied with a statement that you agree to an extension of the time for me to file my defence. Your extension of time must be not less than 14 days from the date when you say you will have complied with my request and you must state the new date for filing my defence.

 

If you are unable to comply with this request and believe that you will never be able to comply with this request you must tell me in writing.

 

Please note that if you should fail to comply with this request, fail to request more time or fail to agree to an extension of time for the filing of my defence, I will make an application to the court for an order that the proceedings be struck out or stayed for non-compliance and a summary costs order.

 

I do hope this will not be necessary and look forward to hearing from you

YF

CPR18 Request

 

REQUEST FOR INFORMATION UNDER CPR 18

 

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 & counter claim.

 

YF

 

[vjohn82]

Ok here is my tuppence worth...

 

The default notice from Mercers doesn't look right... ALL of the DNs I have seen from them (prior to 2006) are incorrectly formatted. If you received this recently, page 2 is an addition to the document that was never there... it looked like something completely different.

 

The Notice of Assignment is incorrectly formatted too... the logo was changed on ALL UK Barclaycard documents from Oct 2008 - however, companies who USED to deal with Barclaycard have permission to use logos for the purpose of creating an assignment.

 

This document will simply prove the debt was not assigned correctly before court action commenced and add weight to the defence. It won't win it all on its own... I suspect that the Default Notice issue is the one where you will have to fight tooth and nail.

[volvo]

Thanks everyone for your input.

 

CitizenB

 

Little unsure as to whether i have a strong enough case to defend with as the comments received appear to be a little negative and lacking confidence, in my opinion, on my chances of success with this Bank One and Barclaycard claim from Cabot(Morgan).

 

My defence appears to be:

 

CCA o/s, as still not received the original T&C's (only received current ones for Bank One and none at all for Barclaycard.

 

DN's, possibly weak

 

S69 Interest, strong case for it not to be allowed.

 

As the acknowledgement of the claim advising intention to defend is not being sent SD by me until tommorow (mon) i am wondering if i have a very little chance of success whether i would be better sending an admission of partial claim agreeing the two credit card debts but disputing their right to apply s69 interest.

 

Would welcome your comments

 

VOLVO

[foolishgirl]

Sorry if you feel comments made give you the impression your case is weak volvo - on the contrary IMO you have a very sound case & should defend fully. See below:

 

 

Little unsure as to whether i have a strong enough case to defend with as the comments received appear to be a little negative and lacking confidence, in my opinion, on my chances of success with this Bank One and Barclaycard claim from Cabot(Morgan).

 

My defence appears to be:

 

CCA o/s, as still not received the original T&C's (only received current ones for Bank One and none at all for Barclaycard.

 

No compliant agreements, no enforceable debts!

 

DN's, possibly weak

 

DNs do not comply with legislation i.e. even if (& it's a big IF) they turn up enforceable agreements, both accounts have been terminated on the back of defective DNs & as such, only the arrears at the time of the issuing of the DN are enforceable

 

S69 Interest, strong case for it not to be allowed.

 

As the acknowledgement of the claim advising intention to defend is not being sent SD by me until tommorow (mon) i am wondering if i have a very little chance of success whether i would be better sending an admission of partial claim agreeing the two credit card debts but disputing their right to apply s69 interest.

 

The decision is yours but if it was me, there would be no question of my giving this one up!

[cerberusalert]

Below is a defence that has been written specifically for a dodgy default notice.

 

 

Defence

 

 

1. I xxxxxxxxxxxxxxxxxxxxxxxxx xxxx of xxxxxxxxxxxxxxxxxxxxxxxxx xxxxx am the defendant in this action and make the following statement as my defence to the claim made by xxxxxxx

 

 

 

? ) It is admitted the defendant entered into an agreement with xxxxxx which was regulated by The Consumer Credit Act 1974 (The Act). No admissions are made as to the terms, conditions or other provisions of any agreement and the extent to which the Claimant may have complied therewith and the extent to which the defendant may not have complied therewith.

 

 

7. Furthermore the Claimant fails to plead that this claim concerns an

agreement regulated by the Consumer Credit Act, 1974. However, the Claimant claims interest pursuant to section 69 of the County Courts Act 1984, which the Claimant should surely know they are not entitled to by virtue of the County Courts (Interest on Judgment Debts) Order, 1991 (SI 1991 No. 1184 (L. 12)) in particular section 2(3)(a), which clearly prohibits such an award:

 

 

The general rule

 

2(3) Interest shall not be payable under this Order where the relevant judgment - (a) is given in proceedings to recover money due under an agreement regulated by the Consumer Credit Act 1974;

 

 

 

 

*The requirement for a valid Default Notice to lawfully Terminate an Account whilst in default*1. Notwithstanding the matters pleaded above, the Claimant must under Section 87(1) of the Consumer Credit Act 1974 serve a valid Default Notice before they can demand early payment of sums not yet due under a Regulated Credit Agreement.2. Under the Interpretation Act 1978 Section 7, it states:

 

Where an Act authorises or requires any document to be served by post (whether the expression "serve" or the expressions "give" or "send" or any other expression is used) then, unless the contrary intention appears, the service is deemed to be effected by properly addressing, pre-paying and posting a letter containing the document and, unless the contrary is proved, to have effected at the time at which the letter would be delivered in the ordinary course of post."

 

2. Practice Direction

Service of Documents - First and Second Class Mail.

 

With effect from 16 April 1985 the Practice Direction issued on 30 July 1968 is hereby revoked and the following is substituted therefore.

1). Under S7 of the Interpretation Act 1978 service by post is deemed to have been effected, unless the contrary has been proved, at the time when the letter would be delivered in the ordinary course of post.

2). To avoid uncertainty as to the date of service it will be taken (subject to proof to the contrary) that delivery in the ordinary course of post was effected:-

(a) in the case of first class mail, on the second working day after posting;

(b) in the case of second class mail, on the fourth working day after posting.

"Working days" are Monday to Friday, excluding any bank holiday.

3). Affidavits of service shall state whether the document was dispatched by first or second class mail. If this information is omitted it will be assumed that second class mail was used.

4). This direction is subject to the special provisions of RSC Order 10, rule 1(3) relating to the service of originating process.

 

8th March 1985

J R BICKFORD SMITH Senior Master

Queen's Bench Division3. Further to point 2 above, CPR rules on service also state the required timescales to be given for serving of documents :-Under CPR 6.26 First class post (or other service which provides for delivery on the next business day) is deemed to be “served” The second day after it was posted, left with, delivered to or collected by the relevant service provider provided that day is a business day.4. The Default notice supplied by the Claimant is dated Friday to allow service in line with the statutory requirements mentioned in points 2 & 3 above, 2 working days were required to allow for 1st Class postage. Thus the Rectify date should be 14 calendar days from Wednesday 8th August, namely Wednesday 22nd August 2007, not the 14 calendar days from the date of the letter as stated in the Default notice which would have been 17th August. (You will need to amend this point to suit your own situation. I am unable to open your default notice so cant see the remedy date. )5

. I therefore put the Claimant to strict proof that any Default Notice sent to me was valid and allowed the statutory 14 clear days to rectify the breach. I also 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. The 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 an unlawful rescission of contract which would not only prevent the Court enforcing any alleged debt, but give me a counter claim for damages Kpohraror v Woolwich Building Society [1996] 4 All ER 1

19.7. It is submitted that the above Default Notice served s87(1) Consumer Credit Act 1974 failed to comply with the Consumer Credit (Enforcement, Default and Termination Notices) Regulations 1983 (SI 1983/1561).8. For a Creditor to be entitled to terminate a regulated Credit Agreement where there is a breach, demand repayment in full or take any legal action to recover any monies due under the Agreement, a creditor must serve a Default Notice under section 87(1) of the Consumer Credit Act 1974 which states:Section 87. Need for Default Notice(1) Service of a notice on the Debtor or hirer in accordance with section 88 (a "Default Notice ") is necessary before the creditor or owner can become entitled, by reason of any breach by the Debtor or hirer of a regulated Agreement -(a) to terminate the Agreement, or(b) to demand earlier payment of any sum, or© to recover possession of any goods or land, or(d) to treat any right conferred on the Debtor or hirer by the Agreement as terminated,

restricted or deferred, or(e) to enforce any security.9. The Act also sets out via Section 88(1), that the Default Notice must be in the prescribed form, as below:Section 88. Contents and effect of Default Notice(1) The Default Notice must be in the prescribed form…10. The wording must make it clear that no variation is acceptable. Therefore it cannot be dispensed with as a De Minimus issue.11. I note that the regulations do not allow any variation in the form of these statements and therefore it is suggested that where the statements are not as laid down in the regulations the Default Notice is rendered invalid as a consequence.12. In the case of Woodchester Lease Management Services Ltd v Swain & Co - [1998] All ER (D) 339 in the Court of Appeal, the Court addressed in some detail the issue of the contents of a Default Notice and should the notice fail to comply with the Consumer Credit (Enforcement, Default and Termination Notices) Regulations 1983 (SI 1983/1561) it would render

the Default Notice invalid I quote the comment of KENNEDY LJ: "This statute was plainly enacted to protect consumers, most of whom are likely to be individuals" the judgment appears to confirm the consumer credit legislation made under the Consumer Credit Act 1974 as plainly enacted and set out to offer protection to the consumer. Therefore it is suggested that the failure of the Claimant to set out the Default Notice in accordance with the Consumer Credit (Enforcement, Default and Termination Notices) Regulations 1983 (SI 1983/1561) could unduly prejudice me as it failed to allow the required time to remedy the alleged default.13. The Claimant’s failure to issue a valid Default Notice must surely prevent a right of action and would make any termination of the Agreement unlawful, as statute provides the procedure that must be followed. Since the Claimant has failed to adhere to statutory procedure it is averred that the Claimant does not have a right of action, and can never now have

a right of action having terminated the Agreement unlawfully.*14. Furthermore, the Arrears Total outlined cannot be accurate, as the Balance on the Account was at least partly comprised of Unlawful Charges plus additional Charges and Interest added unlawfully whilst the Account was in Dispute. Therefore, the Arrears claimed cannot be accurate, as they are themselves calculated using a Total that was itself inaccurate.*15. This is at all times an Agreement Regulated by the Consumer Credit Act 1974. There is no provision in the Act that allows a large financial institution to terminate an Agreement that is in alleged default or breach simply by giving notice to the Consumer. Section 98(6) makes that quite clear. The Creditor must follow the steps outlined in Section 87 and Section 88 if they are to lawfully Default and Terminate, and enjoy the benefits of Section 87.16. Finally, an invalid Default Notice cannot be remedied by simply issuing a new Default Notice. The Claimant may not s

erve a second effective default notice in prescribed form post-termination of the agreement. Any such second default notice will necessarily state a date by when I would be required to comply after which in default the agreement would terminate. The second default notice would therefore contain the fiction that the agreement endured when that cannot be the case, as it was terminated on* XX/XX/XX*. Terminating an Agreement on the back of a defective Default Notice, simply confirms the undeniable truth that Termination of the agreement by the Claimant was carried out in circumstances which then prohibited them from enjoying the benefits of Section 87, namely the opportunity to seek early Payment of a sum that was, prior to Termination, only payable in the future.

 

[volvo]

Sorry if you feel comments made give you the impression your case is weak volvo - on the contrary IMO you have a very sound case & should defend fully. See below:

 

Hi Foolishgirl, it was not personal, but thanks for taking time to respond, just didnt want to flog a dead horse if you know what i mean with Cabot.

 

OK, back on track now, Acknowledgment to defend going to Northampton by SD tommorow as cannot connect online with password.

 

Am now sorting the CPR31.14 and CPR18 request to go to Morgan Solicitors (Cabot) for tommorow also by SD.

 

Thanks for sorting me out and what now is the next step i have to get sorted.

 

VOLVO

 

VOLVO

[citizenB]

I believe vjohn82 has also advised that the notice of assignments could be questionable.

 

However, the choice has to be yours. There is no guarantee of success and you obviously need to be confident.

[volvo]

Thanks CitizenB

 

I have given it a great deal of thought and decided to proceed with defending on the basis of:-

 

1. CCA o/s, no original terms supplied.

 

2. Non-Conforming Default Notices.

 

3. Possible defective NOA

 

4. Claiming S69 interest.

 

Have now raised CPR 31.14 and CPR18 requests to go SD to Morgan on monday and also acknowledgment to defend to Northampton again by SD on monday.

 

What exactly should i be now doing next.

 

Thanks for your assistance and hope you can assist me further with the defence in due course.

 

VOLVO

[foolishgirl]

As the POC is such rubbish - doesn't cite the kind of agreement (other than to say credit card), how they have arrived at the sum claimed etc. + the stat. interest issue, I would be tempted to put in a short embarassed defence (eg. courtesy of pt) & a letter to the sols. asking them to plead properly or get off your case.

 

However wait for the 7 days to give them chance to respond to your CPR31.14 & 18. You have 28+postage days from issue of claim to submit your defence. Do not sign the copies you send to the sols (print) & make sure your sig. goes thro' the dotted line on the court copy (if you mail it in) to avoid the possibility of copying & pasting Send all Rec. Del.

 

 

In the Northampton county court

(CCBC)

Claim number *********

Between

 

************* - Claimant

 

And

 

************* - Defendant

 

 

Defence

 

 

 

 

• I, ********** of ************** make this statement as my defence to the claim brought by **************
  
• The claimants 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
  
• No documents supporting the claims in the particulars have been offered and despite a request to the claimant for further information none has been forth coming and as a result I cannot plead in defence to the claim
  
• The claimant pleads that the claim is brought in respect of credit card accounts that would by their nature, be defined as regulated credit agreements regulated by the Consumer Credit Act 1974, yet the claimant claims statutory interest which the claimant should surely know it is not entitled to by virtue of the County Courts (interest on Judgment Debts) Order 1991 (No. 1184 (L. 12)) in particular section 2 (3) which expressly prohibits such an award.
  
• Without clarification of the claimants claim, the defendant is extremely disadvantaged and the claimants claim appears without merit
  
• The defendant is unable to plead effectively or at all. The defendant is embarrassed.
  

 

Statement of Truth

 

 

I xxxxxxxxxxxx, believe the above statement to be true and factual to the best of my knowledge

 

 

Signed …………………

 

Date

 

 

 

Letter to Morgans

 

Herewith copy defence by way of service, the same having been filed with the court.

 

Please serve amended particulars of claim and plead yor clients case in an appropriate manner within 7 days, so that I am aware of the case I will have to meet at trial. I request that you attach to the particulars a copy of the agreement upon which the claimant relies. The matter will be transferred to my home court and the claimant will have to produce the document, in any event. In those circumstances you should plead in accordance with the CPR rather than the Northampton county court regime.

 

Failure to provide that requested in the time period provided for will result in application to the court. I confirm a copy of this letter will be produced to the court when the question of costs falls to be decided.

Edited March 7, 2010 by foolishgirl
typo

[citizenB]

my thoughts exactly, foolishgirl:)

 

Volvo, everyone who has popped in and offered advice and posted will now receive notification whenever you ask a question..We will all be pleased to help and advise.

[DonkeyB]

A combined claim, without any definition of what moneys come from where, is clearly ludicrous. As the PoC is clearly nonsensical, I'd tend to think perhaps of going for a strike out.

[pt2537]

I agree with DB

 

it seems to me this matter is defendable, it seems to me that the correct approach will be to seek disclosure under CPR 3114 but you can only ask for that which has been disclosed in the statement of case.

 

 

and also you should read CPR 15.5

 

you can seek an extension of time for filing the defence. you should utilise this as a matter of urgency

[citizenB]

Volvo,

 

Have a read of pt2537's thread linked below:)

 

http://www.consumeractiongroup.co.uk/forum/legal-issues/241827-legal-action-how-start.html

 

HTH

[volvo]

I agree with DB

 

it seems to me this matter is defendable, it seems to me that the correct approach will be to seek disclosure under CPR 3114 but you can only ask for that which has been disclosed in the statement of case.

 

 

and also you should read CPR 15.5

 

you can seek an extension of time for filing the defence. you should utilise this as a matter of urgency

 

Thanks PT

 

Sent by SD the CPR31.14 and CPR 18 request today to morgans for delivery tuesday. They have not specified the account numbers of the two credit cards in their claim, only the cabot reference numbers.

 

Should I still send the letters Foolish girl suggested in post no.88 and where can i view cpr15.5

 

Thanks

 

VOLVO

[pt2537]

PART 15 - DEFENCE AND REPLY - Ministry of Justice

 

 

 

CPR 15.5

 

 

But also part 18 is a request for clarification, part 31.14 is for documents, there is a difference,

 

also, you should read the CPR rules as they will assist you with the conduct of your case

[volvo]

How would i seek an extension of time to file defence as PT suggested

 

VOLVO

[markwarnerr]

Hello Volvo

I am following your thread with interest as we have similar cases and the timeline is also close.

Here is mine Please help - Cabot are taking me to court - The Consumer Forums

Good luck

[volvo]

Foolishgirl suggested sending a short embarrased defence to Northampton and copied to Morgans due to the limited POC on the claim form in her Post No.88 where she posted up the sample letters to send. These letters have now "disappeared" from her posting!!

 

So, should i still be sending them OR should I be sending the DN defence (amended to include CCA non-compliance etc ) as posted by Cerberusalert in Post 84.

 

Also, am i supposed to send in a Court Bundle of the documents I have received so far which are relevant, such as application form, default notice, NOA etc with either of these defences or does that come later, as i have all documentation for both accounts going back to 1999.

 

The claim was dated 25th Feb 2010 so just to be sure as when i have to submit any defence to the court as i cannot get access to the online as it will not accept the claim number and password, so my defence will have to be posted in to them at an earlier date to ensure receipt on time due to this.(did speak to court about online problem but they were not helpful).

 

Grateful for advice on how to proceed so i can get moving, as i am sure time is ticking by.

 

Many Thanks

 

VOLVO

[pt2537]

am i talking to myself?

 

Request the documents they have mentioned in their statement of case

 

Write to them and ask for an extension SEE CPR 15.5

 

get disclosure then defend, do not file a defence if you cant plead as you lose the ability to challenge them on this, if you defend you are taken to have understood the claim against you and therefore have accepted the pleadings are sufficient

[gh2008]

@PT

 

What is the procedure with a 'Bulk Centre' claim when you send a CPR31.14 to the other side and/or a demand that they replead their claim and all you receive back is a letter acknowledging yours and that they will refer it to their client.

 

Now obviously you have no more information and have no agreed extension. Ok, at this point you should have say 2 or 3 weeks to go, but do you write to them again demanding an extension copied to Northampton? This is typical of certain 'solicitors' that specialise in getting default judgements.

 

Just wondering what 'the correct procedure' is

[foolishgirl]

Foolishgirl suggested sending a short embarrased defence to Northampton and copied to Morgans due to the limited POC on the claim form in her Post No.88 where she posted up the sample letters to send. These letters have now "disappeared" from her posting!!

 

Those letters are still there volvo but you would be wise to take pt's advice:

 

am i talking to myself?

 

Request the documents they have mentioned in their statement of case

 

Write to them and ask for an extension SEE CPR 15.5

 

get disclosure then defend, do not file a defence if you cant plead as you lose the ability to challenge them on this, if you defend you are taken to have understood the claim against you and therefore have accepted the pleadings are sufficient