Park Motor Finance - Default Notice

[LarissaJ]

here it is:-

 

[postggj]

CPR 31.14 Request

On the 8/10/2010, I received the Claim Form in this case 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 the documents 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 should be available at the hearing. Further, that any general conditions incorporated in the contract should also be attached.

 

2. the default notice

 

3. termination notice

 

You should ensure compliance with your CPR 31 duties and ensure that the documents 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 to include an obligation to recover and preserve such version which is 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.

 

 

Yours sincerely

NOW THEN

 

SEND THE ABOVE BY RECORDED DELIVERY TO THE CLAIMANT OR THE CLIMANT SOLICITORS. THE SENDING ADDRESS OF ALL DOCUMENTS TO THE CLAIMANT OR SOLICITOR WILL BE ON THE CLAIM FORM

 

YOU NEED NOW TO ACKNOWLEDGE THE CLAIM, IF THROUGH NORTHAMPTON, CAN BE DONE ONLINE

 

Edited October 9, 2010 by postggj

[postggj]

can you post up the termination notice

[LarissaJ]

Thank you! I've just come back from a family wedding, but will scan the termination notice tomorrow!

[LarissaJ]

here's the tn:

 

[LarissaJ]

Thanks for your help Pggj, I really appreciate it.

 

I'm going to send the acknowledge of service today (it's not northampton).

 

I just need to check so that I don't make any school girl errors, that I am to send the above (post#52) directly to the company and not to the court?

Also, do I not do anything with the form N9D yet?

 

I am mindful to issue a counterclaim for injury to my credit? do you think this is wise?

[postggj]

afternoon

 

make a copy of each letter

 

send both copies

so

 

THIS TO THE COURT

 

1 letter (defence)

1 letter to the sols

 

THIS TO THE COURT

 

then i letter (defence to the court)

1 letter ref sols

[postggj]

Do nothing else at the moment

[postggj]

WHY HAVE YOU GOT A N9D FORM

 

THATS FOR

 

Defence/counterclaim (unspecified amount and non-money claims)

 

YOU SHOULD HAVE AN N1 BLUE CLAIM FORM

[LarissaJ]

I have a blue N1 claim form together with particulars of claim and statement of truth.

But I also have a N9 response pack (with acknowledement of service plus N9C form for admission and aN9D form for defence and conterclaim).

 

Sorry to be a pain, but I'm still unsure of what I'm to do with the letter you wrote on post#52.

Is that letter to go to Park M Finance and a copy of it to the court?

 

You also mentioned the defence to send to both pmf and court,

but I haven't got that together yet, I was hoping for some help on here!

[postggj]

ok then

 

no panic

 

first thing

 

what is the date on the n1 claim form

 

have you yet acknowleged service of the claim with intention to defend

is it a claim from northampton

 

THAT CPR LETTER ON POST 52 GOES TO THE SOLICITORS DEALING WITH THE CLAIM.

THERE WILL BE A SECTION ON THE COURT CLAIM WHERE TO SEND ALL CORRESPONDANTS

 

SEND RECORDED DELIVERY

 

DEEP BREATH

 

IME WITH YOU ALL THE WAY AND TELL ME ANYTHING YOU DONT UNDERSTAND AS I FORGET I TO WAS ONCE A NOVICE:roll:

 

sorry if going over old ground

[LarissaJ]

No worries if you go over old ground, I want to get this right, so prefer to be absolutely sure!

 

The date on on the claim form is 5 oct.

 

I'm sending the acknowledgment of service out today (it's not northampton).

 

One other thing, I'm out of the country on the date they have given for the hearing

[LarissaJ]

ps. do I send a copy of the letter (post 52) to the court at this stage, or just to PMF?

[dadofholly]

ps. do I send a copy of the letter (post 52) to the court at this stage, or just to PMF?

 

Neither

 

On the the claim form will be the name and address of the Solicitor who are acting for PMF.

(maybe bottom of second page)

 

The details will be in a box next to a section titled claimants or claimants solicitors address.

 

Send it to the name and address of whoevers details are in there.

[LarissaJ]

Thanks for clarifying that dadofholly.

It's the company's name in the box, so no solicitors!

[LarissaJ]

received another default sums notice off them today, but nothing else to report yet.

[postggj]

please confirm

 

you acknowledged the claim on the14 october

that gives us till the 28 to file a defence

 

i take it no reply to the cpr 31.14 request then

 

please answer my questions

 

ill do an embarrassed defence for you

[LarissaJ]

yes, acknowledged the claim , I hand delivered it on the 18th october.

 

no reply as yet to the cpr 31.14 request

[postggj]

well then

 

they have had enough time

 

ill do a defence tonight

[LarissaJ]

I can't stress enough to you, how much I appreciate all your help!

 

:-DTHANK YOU:-D

[postggj]

In the XXXXXXXXXX COUNTY COURT

Claim number XXXXXXXX

Between

PARK MOTOR FINANCE =CLAIMANT

 

and

 

LARISSAJ – Defendant

 

DEFENCE

 

1. I xxxxxxxxx of xxxxxxxxxxxxx am the defendant in this action and make the following statement as my defence to the claim made by PARK MOTOR FINANCE

 

2. Except where otherwise mentioned in this defence, I neither admit nor deny any allegation made in the claimants Particulars of Claim and put the claimant to strict proof thereof.

 

3. 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 civil procedure rules.

 

4. No documents supporting the claim in the particulars have been offered nor have any dates of agreement been stated which the defendant needs to establish what agreement it is that this action is based upon and so the claimant's claim appears without merit.

 

5. As a result, the claim as pleaded does not contain sufficient particulars to permit me to file a properly particularised and pleaded defence. I have made a request for disclosure, pursuant to Part 31 of the civil procedure Rules, This request was sent to the claimant by recorded delivery on xx/xx/xxxx and delivered on xx/xx/xxxx. This has been confirmed by royal mail track and trace. I am at a disadvantage to respond to this claim and to allow me to properly respond to the claim. The Claimant has failed to respond to the Part 31 request.

 

6. It is denied that I have entered into an agreement with the Claimant

Park motor finance

 

7. If, which is not admitted, such an agreement exists the precise terms and date of any such agreement are not admitted. I do not have in my possession any such agreement and am not therefore able to comment thereon. The Claimant is put to strict proof as to the date and terms of such agreement.

 

8. It is averred that if any agreement did exist that the aforesaid agreement would be a regulated agreement within the terms of the Consumer Credit Act 1974 ("the Act"). It is not admitted that any alleged Agreement is enforceable within the terms of the Act. As I do not have a copy of the said agreement the Claimant is put to strict proof that the aforesaid agreement was properly executed and has been enforceable at all times since its’ inception.

 

9. It is denied that I am in breach of the alleged agreement in that I allegedly failed to make payments to the claimant.

 

10. It is averred that if the alleged agreement is subject to the Act, before proceedings may be commenced the Claimant must have served myself with a valid Default Notice complying with the provisions of Sections 87 and 88 of the Act and the Regulations made subsequent to that Act. It is not admitted that any valid Default Notice was ever served upon me and the Claimant is put to strict proof.

 

11. It is denied that I have failed to respond to demands for payment sent by the claimant and/or its agents. The Claimant is put to strict proof that any such demands have sent to me by the claimant.

12 Further and in the alternative if, which is not admitted, an enforceable agreement is in existence, it is not admitted that any or all of the monies claimed are lawfully owing. The Claimant is put to strict proof as to how the sum claimed has been calculated and as to how the sum claimed is lawfully owing.

 

13 Further, it is denied that any alleged contractual account charges and any interest applied thereon which make up any part of the sum claimed are lawfully owing in that it is averred that these sums would have been claimed pursuant to an unfair contract term and in addition are in breach of the general law.

 

14 It is averred that any account charges that are claimed are in breach of the common law in that they are a penalty and that they do not reflect any actual loss or the true extent of any costs incurred by the Claimant and are therefore void.

 

15 Further and in any event it is averred that any clause of the alleged agreement under which the account charges are claimed is an Unfair Term contrary to The Unfair Terms in Consumer Contracts Regulations 1999 and, by virtue of Regulation 8(2), "shall not be binding on the consumer". Any such contractual terms are therefore void

 

16 Further and in any event in view of the failure to comply with the CPR Part 31 request it is denied that the Claimant is entitled to costs as claimed.

 

17 Without admission that any cause of action is shown by the Claimant it is denied that I am indebted to the Claimant as alleged or at all.

AND the Defendant

 

Seeks an order that the Claimant’s action is struck out or otherwise is dismissed on the grounds that any claim cannot succeed.

Alternatively if the court decides not to strike out the Claimant’s case, it is requested that the court orders full disclosure of the requested documents pursuant to the civil procedure Rules.

The Defendant respectfully asks the permission of the court to amend this defence if or when the Claimant provides full disclosure of the requested documents and allows inspection of the original documents.

 

Statement of Truth

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

 

Signed

 

xxxxxxx

Defendant

Edited October 25, 2010 by postggj

[postggj]

send to park motor finance by recorded delivery as well as the court

 

wait a few days for any comments

[LarissaJ]

Fantastic, I will send that to both first thing in the morning!

[postggj]

remember to fill in your details and when you sent the cpr 31.14 request etc

[LarissaJ]

posted first class, recorded delivery today