Help Claims Form Received From Northridge Finance

[DeBilde]

Do you have a template for a CPR 18 request Andy?

 

Thanks

[AndyOrch]

In the XXXX county court

Claimant -v- (YOUR NAME)

Claim Number: (CLAIM NUMBER)

 

 

Dear XXX

 

REQUEST FOR INFORMATION CPR Part 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 and counter claim.

 

Yours sincerely,

 

XXXX (type, don't sign).

[DeBilde]

Brilliant, thanks for that.

 

Should include a copy of the letter when I send my acknowledgement to the Court to let them know I have requested the info?

[AndyOrch]

No you can refer to it in your defence and you may attach it to your AQ should the matter proceed that far.

 

Regards

 

Andy

[DeBilde]

Thanks, both CPR 18 and Acknowledgement sent.

 

By my calculations the figure quoted on the arrears is incorrect. Can this make the DN invalid also? What can be included in the arrears? Just the missed payments?

[AndyOrch]

Thanks, both CPR 18 and Acknowledgment sent.

 

By my calculations the figure quoted on the arrears is incorrect. Can this make the DN invalid also? Yes all figures must be accurate What can be included in the arrears? Just the missed payments?

 

You would be surprised some include DN charge, costs, collection charges. Hotel expenses (oops just kidding with the later)

 

 

Andy

[DeBilde]

 

Can they include them in the arrears though or is just missed payments?

[AndyOrch]

A default sum is defined as any sum which is payable by a debtor as a result of a breach ie missed payments, of the regulated agreement (other than interest)

The debtor is only obliged to pay simple interest in relation to the default sum and this only applies to default sums becoming payable after the

provisions come into force.Failure to give Notice will mean the creditor can not enforce the agreement unless notice has been sent.

Also the debtor will not be liable to pay interest on the default sum until 30 days have elapsed since said notice was given.

 

Regards

 

Andy

[DeBilde]

Thanks for that Andy, I will wait for the logs to arrive with all my payments included and go from there.

[DeBilde]

Hi, I need help with my defence. Got a reply from sols to say cpr request sent to Northridge but had no reply. My main defence is that the dn did not give specified time as it was sent 2nd class also the arrears amount was incorrect on dn. What did I need to submit as a defence? I got the agreement, dn and termination notice sent with the poc. my defence needs to be with the court on Wed. Thanks

[DeBilde]

Can anyone help?

[DeBilde]

Help!!!

 

I am due to file my defence by the end of the week, I sent off the CPR request and I have had the information back. However part of the logs sent are not legible, I have spoken to the claimant solicitors and they they have said their client does not have a clearer copy.

 

I have the DN and TN as well as the Credit Agreement. The DN is faulty and that is what I am basing my defence on.

 

As not all the documents are legible do I need to put in my defence a paragraph to say that my defence in part is embarrassed as not all documents supplied are legible? Or do I just base the defence the around the faulty DN?

 

Thanks

[sillygirl1]

By basing your defence solely on the faulty defence notice you are heading for failure, the courts do not appreciate a defence built on this point since the Rankine case. You might have a more substantial defence than an embarrassed defence. Embarrassed defences are not reliable either, there is a very good post on this forum which explains why you should not use them.

[DonkeyB]

Have a read.

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?283443-Embarrased-Defences-and-the-problems-with-them.

[broken arrow]

The Defendant takes issue with the Claimants pleadings. The Claim is a Bulk Centre claim, however, the rules on pleading apply even to the Bulk Centre and furthermore the Bulk Centre rules and guidelines state that if you cannot properly particularise the claim in 1024 characters then you should not use the Bulk Centre to issue the claim. The Claimants pleadings amount to circa 258 characters, leaving at least 700 characters available for the Claimant to plead adequately. The Defendant is embarrassed by the Claim, which faces him.

 

This is what PT wrote in the thread, he still uses the word embarrassed (as highlighted), I personally do not think there is such thing as an embarrassed defence, a defence is a defence, I think what PT is trying to get across is the risk you take when you want to amend a defence and the associated costs, but there is always risks involved with litigation.

[DeBilde]

Thanks for the advice. I have read the embarrassed defence thread and have taken the points on board. In regards to the faulty DN plea, why is this not relevant now? Is their a thread that explains it?

 

Thanks

[broken arrow]

Thanks for the advice. I have read the embarrassed defence thread and have taken the points on board. In regards to the faulty DN plea, why is this not relevant now? Is their a thread that explains it?

 

Thanks

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?170345-A-Tale-of-a-Dodgy-DN

[DeBilde]

The claim is for £15,800. I am defending the claim in full on the grounds of no Agreement and a faulty DN.

 

I have received my AQ and was wondering which Track to suggest, what are the costs associated with each one just in case I lose?

 

Thanks

[AndyOrch]

Well it it is obviously Fast track, as regards costs risks I would advocate looking up on the CPR each case as it own merits and complexities.

 

Regards

 

Andy

[debbbbsy]

full on the grounds of no Agreement

 

Make sure, when you submit your AQ, you also attach a "Draft order Directions".

 

Debs

[DeBilde]

Thanks for the info. I have done my Draft Order. So Fast track looks like the way to go then?

[AndyOrch]

Thanks for the info. I have done my Draft Order. So Fast track looks like the way to go then?[/QUOTE]

 

No option really anything over 5k is Fast track, 20k Multi track/ Fast track. Have you received the Claimants AQ yet?

I would advocate holding on submitting until the last min to give chance to view their AQ.

 

Regards

 

Andy

[DeBilde]

No AQ received as yet, will this be sent to me or do they just send it to the Court? The AQ is due to be in on Monday, I have drafted it all up just waiting to put it on the actual template.

[AndyOrch]

They may send you a copy, it is considered civil practice to do so but they are as they very uncivil so perhaps not. It does state it on the first part of the AQ( have you sent the other party a copy etc.

Alternatively you can ring the Claimants Sols and request one the Court will not send a copy.Considering your time restrictions it would be advisable to submit your AQ now without hindsight.

 

Regards

 

Andy

[debbbbsy]

I have done my Draft Order

 

When I filed my AQ, and Draft Order.....the claimant had failed to provide the agreement they referred to in the claim when I used CPR 31.14.

I recieved a letter, advising me to withdraw my defence or I would incurr substantial costs. So I wrote a letter back, quoting CCA regs on enforcement when they don't have the agreement. I informed them, that I would make a claim against them for costs. They discontinued.

 

Debs