Hfo capital claim form citicard debt..

[coledog]

Sorry - talking rubbish again should have looked it up! Presume that the rest of it is OK as Bararfear needs to get cracking on this one.

[barafear799]

help!!!

I've gone onto MCOL - and it is taking me through the 7 steps of my defence - asking me to stipulate the reasons for my defence - have I gone past the appropriate box for "acknowledgement"??

 

Many thanks

[barafear799]

sorry - I was being stupid - I have now found the acknowledge of service box - should I delete the "defence" I submitted earlier - I only submitted page 1 and 2 - did not put any reasons etc.etc.

 

I assume I will be coming back to the defence once I get all the stuff from Turnbull?

 

On the AOS - it asks whether I want to "contest jurisdiction" - should I be ticking this box or not?

[broken arrow]

sorry - I was being stupid - I have now found the acknowledge of service box - should I delete the "defence" I submitted earlier - I only submitted page 1 and 2 - did not put any reasons etc.etc.

yes just acknowledge for now and this will give you extra time to submit your defence.

 

I assume I will be coming back to the defence once I get all the stuff from Turnbull?

 

Yes, if they bother to send anything.

 

On the AOS - it asks whether I want to "contest jurisdiction" - should I be ticking this box or not?

I would tick yes, but it will be moved to your local court anyhow.

[barafear799]

thank you.

[Andyorch]

A Stay is basically where the other side discontinues the action. Wrong again CD

 

You can acknowledge on line, I believe, and say you are defending. You should do this now if not already done, I think it is 7 days from receipt of the form.

 

My understanding is that you have 28 days fom receipt of the claim (33 actually if CCBC or 35 if direct from a local CC) to file a defence but I would ring the court yourself and double check the dates etc, they are usually very helpful. Once you have the dates you can work around that.

 

If you dont know CD dont advise its very dangerous and risky for the OP when you simply dont know what you are talking about!! If you dont know, dont guess and dont post.

Andy

 

 

 

[coledog]

OK mate- point taken!

[Andyorch]

Excellent Mate

[broken arrow]

Stay A stay imposes a halt on proceedings, apart from taking any steps allowed by the Rules or the terms of the stay. Proceedings can be continued if a stay is lifted. Discontinuance A formal notice filed with the Court and served on the defendant, ending active litigation.

[barafear799]

Many thanks for all the help.

Thanks for clearing up CD's error - I appreciated both pieces of advice.

 

I have done the acknowledgement of service - it is 14 days from the date (I'm a bit confused about the date) - the claim was dated 24 Nov, but it stated 5 days after this date as the "start of the 14 days" - anyway - I'm well within the 14 days - so shouldn't be an issue - now I have to get my letter off to turnbulls - and then I am busy for the rest of the week - so will return to this next week - and hope to clear it up.

 

I will wait to see what I get back from Turnbull - but I am surprised that they are pushing on without providing me a copy of the orig credit agreement - and even more surprised that their actual wording on the claim was so flawed i.e: the "entered into with on ."

Hey ho.Thanks once again guys!

[barafear799]

Hi

 

I have prepared a CPR request to Turnbulls - based on the POC on my claim form, can you let me know whether this letter is ok? I pretty much copied it from CD's template.

 

Thanks

 

Dear Sir,

Re: Case No:

CPR 31.14 Request

 

On 27 November 2010 I received the Claim Form in this case issued by you out of the Northampton (CCBC)County Court.

 

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

 

In January 2009, I sent a request to yourselves/your client requesting a copy of a signed CCA agreement. No agreement was received.

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 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 Deed of Assignment

 

3 the Notice of Assignment

 

4 Details of the instalment arrears mentioned in your claim and the agreement (relating to the instalments) which you mention (unless this is part of the same agreement requested in request no. 1).

 

Although your claim is for a sum which is not more than £5,000.00 and will in all likelihood be allocated to the small claims track for determination upon my delivering a defence, at this moment in time I have not delivered my defence and the case has not been allocated to a track. In consequence the provisions of CPR 27(2) are of no effect and you should not seek to avoid compliance with your CPR 31 duties by claiming otherwise.

 

 

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(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.

 

 

[coledog]

The letter looks fine to me - do not sign your normal signature (squiggle if necessary) and send recorded. Be prepared to send a reminder in 7 days if nothing received. They should have all the documents they need to bring this case but usually don't.

 

Sorry to be thick earlier, having a bit of a blonde day but only have your best interests at heart and trying to help. I do normally advise people to ring the court to check on the dates themselves as it is very confusing and the court are normally helpful and will give the exact dates.

 

Please don't worry, it is important to nail these people and their stupid claims. Post back when you are able to.

[barafear799]

No reply from Turnbull as yet - not sure if postal delays are possible.

It is over 10 working days since I sent the letter.

I believe I am getting close to my deadline for preparing a defence - do I need to ask for extra time?

[broken arrow]

No reply from Turnbull as yet - not sure if postal delays are possible.

It is over 10 working days since I sent the letter.

I believe I am getting close to my deadline for preparing a defence - do I need to ask for extra time?

 

Have you rang the court to confirm when your defence needs to be in by, I make it 27th but best to confirm.

[coledog]

You need to send a reminder letter to TR stating that they have not replied to your request. Repeat the para from the first letter about them needing extra time ( below) check when your defence is due as BA says

 

 

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.

[barafear799]

Am I right to assume that I need to wait to find out what Turnbull send me before I can preparre my defence?

[broken arrow]

Am I right to assume that I need to wait to find out what Turnbull send me before I can preparre my defence?

If you need extra time to submit a defence you have to write to them and get them to agree civil procedure Rule 15.5, which all they will do is ignore or say they did not receive in time, not the best week with the post constraints.

 

You can still submit a defence though.

 

have you phoned Northampton to confirm when your defece should be filed?

Edited December 20, 2010 by broken arrow

[coledog]

Yes - you need to allow them time to respond and keep all copies of letters sent and proof of postage.

 

If they do not respond or request an extension, you will need to send a defence by the deadline. If you can ring the court and check the dates, also check the best way to send it to them.

 

Broken Arrow has a good defence template.

[coledog]

Sorry BA - posts crossed.

[broken arrow]

Don,t forgrt tomorrow is the last day to send first class post, I don,t think there is any post then until the 29th.

[barafear799]

I was of the impression that I could ask for more time online (thru moneyclaim)?? Or at least I can file a defence online.

[barafear799]

I tried to call - and missed the "closing" time by about 90 secs - will have to try again tomorrow.

[broken arrow]

I was of the impression that I could ask for more time online (thru moneyclaim)?? Or at least I can file a defence online.

 

You won,t be able to ask for anymore time than the 28+5 you have had online, did you acknowledge online, doing the defence online you are limited to how many characters you can type in.

[broken arrow]

Civil Procedure Rule

 

Agreement extending the period for filing a defence

 

15.5

 

(1) The defendant and the claimant may agree that the period for filing a defence specified in rule 15.4 shall be extended by up to 28 days.

 

(2) Where the defendant and the claimant agree to extend the period for filing a defence, the defendant must notify the court in writing.

[coledog]

Some people have been able to fax them or submit on line - but follow up with a copy by post, that is why you are best speaking to them. I am sure that the defence will not be very long!