Rockwell/Pinnion claimform - HSBC merged accounts **DISCONTINUED**

[shrekster]

Hi all,

 

its the 18th Fuebruary and still not received any CCA or statements etc, that i had asked for.

 

today was the 14th day to acknowledge the claim, which was sent along with the info from PT last week.

 

Does anyone have any suggestions on what i should do now??

[shrekster]

Sorry people - Bumping my self up - any one there to help??

 

[havinastella]

Sorry people - Bumping my self up - any one there to help??

 

 

Hey mate,

 

It's been a busy day for one of the CAG members today.

 

Someone will be along to help you soon.

 

Can you confirm you send everything that PT asked you to send?

 

Jogs

[shrekster]

Hi Jogs,

 

i have sent everything as PT said. As today was the 14th day from the date of the claim, i am just unsure of what to do next.

[shrekster]

Hi All,

 

No credit agreements received from the solicitors. The acknowlegment was received at Southend County Court. I now have 14 days to file a defence or do I go straight in for the cliam to be struck out?

 

Are there any templates for either that are suitable?

 

 

Thanks....

[creditcardmug]

If you have sent the letter to the court in post 32, then you have already filed a defence...did you sign a statement of truth on it?

 

You need to phone the court to find out whether they have received and accepted your defence.

 

until we know the answer to that we dont know which way to go.

[creditcardmug]

Can a mod move this to the legal forum thanks

[shrekster]

This was sent to the court.... as advised.

 

What do you mean by a statement of truth?

 

i shall call the court asap and ask them whether the defence was accepted.

 

 

 

.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. Accordingly the Claimants claim should be struck out pursuant to CPR 3.4(2)(a)& ©

 

2. Without admission that any cause of action is shown by the Claimant it is denied that the Claimant has a claim whether as pleaded or at all.

3. No documents supporting the claims in the particulars have been offered which the defendant needs to establish what agreement it is that this action is based upon, how the figures claimed are accrued, what type of accounts it is that the claim is based upon. The Claimant even fails to plead whom the money is due to and when the cause of action arose.

 

4.Without clarification of the claimants claim, the defendant is extremely disadvantaged and the claimant’s claim appears without merit.

 

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

[creditcardmug]

Sorry someone should have told you about this before

 

 

Statement of Truth

 

 

I, believe the above statement to be true and factual

 

 

Signed .....................xxxx xxxxxxxxxxx

 

Date xxxxxxxxxxxxxx

[shrekster]

i did not put that statement of truth in.

 

i have just spoken to southend county court and the defence / letter has been accepted and it has now been transferred to Dartford County Court as that is apparently closer.... a letter will be sent out stating what i need to do next.... the person who i spoke to could not give me any more details.

 

do you what the next step is likely to be?

[creditcardmug]

The court will have sent a copy of your defence to the other side, theres a small chance they may dispute its vaidity on the grounds there is no statement of truth, but doubtful.

They then have 28 days to inform the court as to whether they wish to continue, if they do then the court will send an Allocation Questionaire to both sides to fill in.

 

Now the question is do you want to go for the jugular and file an Application Notice asking for their claim to be struck out, as you have threatened to do if they did not provide the docs.

 

If you do, you need to download the form N244...i dont have much experience with these, which is why i asked for the thread to be moved to to legal forum, where it will be seen by more people in the know.

[shrekster]

Ok thanks.

 

Would you say that it makes sense for me to wait till i get the letter from Dartford wait a wahile see what happens then get them by the B*LLS by sending the N244??

 

Or shall i send that anyway??

[creditcardmug]

Its only going to be a notice saying the case has been transferred to xxxxx court.

 

No point in waiting, if youre going to do it, just do it.

 

Otherwise it would have been better to have presented a much more in depth defence IMO.

[shrekster]

Thanks for the advice.

 

Just been looking at the N244 form any templates on what i should put into the defence?

[creditcardmug]

Just looking at the form, you need to do a Draft order, and a statement of case....best to keep bumping the thread for pt to see it, i think

[shrekster]

hey thanks for your help today.

 

i think PT is away till 28th February.

 

I will have a search around the forum over the next few days and come up with a plan and then post it on here, to see if its correct.

 

If anyone else has any advice that will be much gratefully accepted as well.

 

 

[shrekster]

Hi people, i have received a notice that a defence has been filed, notice of transfer of proceedings and an allocation questionnaire.

 

Could someone give me advice on what to do with the questionnaire please??

[creditcardmug]

Ok, you dont have to bother with the N244 now then, which form do you have N149 or N150?

What date do you have to file it by?

[shrekster]

it is the N150, it needs to be filed by 9th March.

[creditcardmug]

Ok will post up some guidance over the next few days

[shrekster]

ok thanks, is there any further info i can get to read in the mean time?

[creditcardmug]

Just did one today for wakieblue, have read of his thread, although its not quite the same as yours

 

http://www.consumeractiongroup.co.uk/forum/legal-issues/172678-cl-finance-howard-cohen-4.html

[shrekster]

thanks CCM for the link. do you (or anyone) else have the advice on how to proceed, as i need to get the docs back to the court by monday next week, therefore to be on the safe side i need to post them by special on Thursday??

 

Thanks...

[creditcardmug]

Bump the thread later today to remind me

[shrekster]

thanks CCM.... bumping it up.... sorry people....