received claims court forms

[NeilPD]

Hi all

I have received CC claims form with regards a current account overdraft, as well as a letter from January

This was passed on to me by people still living in the house I used to live at.

 

Claim is for under £1600

 

I had the account statements delivered for this personal (not my main personal acc BTW as I use Nationwide and have done for 20yrs) to my business address details at a former business that ceased trading.

 

I did not use the account that much

 

I wrote to the bank in March 2009 (hand delivered and signed for ... I used to run a courier company),

informing them of demise, and telling them to cancel all D/D's etc and asking them to inform of how to proceed.

Also saying not to send anything further to old business address.

 

I didnt hear from them in any way for four years and frankly forgot the acc;

in fact, 1st correspondence from bank was this letter to inform that the 'debt' had been assigned

At no time has there been a 'default notice' that they allude to in POC

 

I have no intention of not paying/trying to avoid anything that is due and am happy to reach a settlement,

but the amount seems much inflated but I dont know how much by without having recieved statements etc!

 

Also, I am cautious of these companies and want a full and final settlement with nothing outstanding

 

I have seen and worked out how to send new debt owner a CPR 31.14 request from the forums here

and can do that if thought useful

Also, I could send the bank an SAR request, though time is critical.

 

Obviously I need to sent court the acknowledgment of service form ASAP

Do I:

a/ Dispute the full amount

b/ dispute part of the amount

 

Anyway; how to proceed?

 

My intention is to clear what is really due, and obviously avoid a CCJ, but not pay more than necessary if claim is inflated

[honeybee13]

Hello and welcome to CAG.

 

Would you be able to type up the POC please, less any personal information? And when is the form dated please?

 

I expect the forum experts will be along later.

 

My best HB

[dx100uk]

as this was a business account

 

tell us if you were a sole trader

ltd company etc etc.

and how old this account is and its last 'trading' date

 

dx

[dx100uk]

and can you clarify if this was a business account or a personal one

 

dx

[Andyorch]

And was the company dissolved? who is the Claimant?

 

Andy

[NeilPD]

Hi all

 

The account is/was a personal one, just that for convenience I had statements sent to a business address that is now defunct

My guess is that possibly, the bank never altered their records on receipt of my letter, and continued to send stuff to that address.

They would clearly have had my home address details though on any application form, as proven by them writing out of the blue to inform that they had assigned the debt

 

I think therefore it is slightly irrelevant, but it was a LTD company at that address, and it has dissolved

 

POC:

pretty standard and obviously copied and pasted as they havent even altered the singular/plural option

 

The claimant claims the sum of **** being monies due from the defendant(s) to **** bank plc under a bank account facility regulated by the Consumer Credt Act 1974 and assigned to the claimant on **/01/2013.

The defendant(s) account number was ......../........

It was a term of the bank account that any debit balance would be repayable in full on demand.

The Defendant(s) has failed to make payment as required by the statutory default notice served by **** bank PLC.

The claimant claims thesum of £**** and costs.

The claimant has complied, as far as is necesssary, with the Pre-Action Conduct Practice Direction.

 

I hope this helps

 

PS: No default notice served at any time to me

Cheers

[NeilPD]

PPS:

claimant is MKDP LLP of Milton Keynes

[Andyorch]

" I think therefore it is slightly irrelevant, but it was a LTD company at that address, and it has dissolved " Not if the claim was issued in your name but the debt refers to business overdraft

 

" PS: No default notice served at any time to me " You dont get a default Notice for a current account its not applicable you get a demand/termination notice.

 

" claimant is MKDP LLP of Milton Keynes "

[NeilPD]

No, it is definately a personal account and not a business overdraft

Thanks

[Andyorch]

Ok and the claim is issued in your name not the company name.

 

I would do a DSAR for starters ..there is fee of £10 and it can take up to 40 days for a response.Armed with this you can quantify the exact unfair charges/penalties against the actual overdraft.

Unless you have retained all your statements then you quantify from them.

 

You cant request a copy of the agreement as O/Ds are not covered by such a request but within your CPR 31.14 you can change it to Facility agreement Notice./Recall demand/termination notice

Hold with the CPR request and I will find one tailored for Overdrafts.

 

You have 33 days in total to respond to the summons subject to your plea.5 deemed served so 28 ..14 to acknowledge and enter plea and if defending you have a further 14 days to submit your defence.

 

Back shortly with the CPR 31.14.

 

Regards

 

Andy

[Andyorch]

CPR 31.14 (Request Overdraft)

 

 

Dear Sir,

 

Re: (Claimant's name) v (Your name) Case No:

 

CPR 31.14 Request

 

On (date) I received the Claim Form in this case issued by you out of the (Name) county courticon.

 

I confirm having returned my acknowledgement of service to the court in which I indicate my intention to contest and counter claim 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 / the] document(s) mentioned in your Particulars of Claim:

 

1 The agreement/ overdraft Facility conformation and Terms and Conditions from that date. 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 Demand/Termination Notice (Notice served under Sections 76(1) and 98(1) of the CCA1974

 

3 Notices of Sums in Arrears under running account credit CCA2006 sec 86C

 

4.Statements of Account /Pre Action Protocol

 

5. Notice 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.CPR 15.5

 

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 faithfully

 

Send the above recorded delivery to their Sols and retain proof of postage.

[NeilPD]

Thank you so much for the assistance in this matter

I will do as you suggest and keep the proof of posting

 

Obviously I will return the Court form ASAP with intent on defending the case.

Do you have an opinion on what I should actually put in the 'Defence' box on the Court form?

Cheers

[Andyorch]

" Obviously I will return the Court form ASAP with intent on defending the case. "

 

You can complete it all on line using the MCOL website...follow the instruction within the N1.

[NeilPD]

and the box on the form back to the court; any suggestion what to put in the 'defence' box?

[Andyorch]

You submit your defence through MCOL...forget the forms

[NeilPD]

hello again

Thanks for that. I have found the MCOL site and am doing that this afternoon

 

I have sent the original lender (bank) an DSAR as you suggest

 

I am now working on the CPR 31.14 .... just to check:

You sent a template stating

"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 / the] document(s) mentioned in your Particulars of Claim:" (obviously delete where necessary)

 

Then go on to list 4 items.

The only things actually referred to in the POC however are:

statutory default notice ... and

that it was assigned to the Claimant (as I copied above)

 

I understand how crucial and important wording can be and just wanted to check that I should use exactly the wording you suggest in those 4 sentences?

 

PS: I am very impressed with the site and want to make a contribution. where is the card/Paypal link?

[The Mould]

hello again

Thanks for that. I have found the MCOL site and am doing that this afternoon

 

I have sent the original lender (bank) an DSAR as you suggest

 

I am now working on the CPR 31.14 .... just to check:

You sent a template stating

"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 / the] document(s) mentioned in your Particulars of Claim:" (obviously delete where necessary)

 

Then go on to list 4 items.

The only things actually referred to in the POC however are:

statutory default notice ... and

that it was assigned to the Claimant (as I copied above)

 

I understand how crucial and important wording can be and just wanted to check that I should use exactly the wording you suggest in those 4 sentences?

 

PS: I am very impressed with the site and want to make a contribution. where is the card/Paypal link?

 

Then, your CPR Request made pursuant to CPR Pt 31 rr 31.14 & 31.15 would be for the statutory default notice and the notice of assignment as per such documents mentioned in POC.

 

Kind regards

 

The Mould

[Andyorch]

The claimant claims the sum of **** being monies due from the defendant(s) to **** bank plc under a bank account facility regulated by the Consumer Credt Act 1974 and assigned to the claimant on **/01/2013.

The defendant(s) account number was ......../........

It was a term of the bank account that any debit balance would be repayable in full on demand.

The Defendant(s) has failed to make payment as required by the statutory default notice served by **** bank PLC.

The claimant claims thesum of £**** and costs.

The claimant has complied, as far as is necesssary, with the Pre-Action Conduct Practice Direction.

 

There should be 5 my error...above CPR now amended.Hi - lighted in red above

 

PS there is no Default Notice for an O/D it is referred to as " The Demand/Termination Notice (Notice served under Sections 76(1) and 98(1) of the CCA1974 "

 

Regards

 

Andy

[NeilPD]

Thanks Andy ... initial donation made

 

Last question.

on the updated CPR template you have removed a paragraph ( copied below)

Is this intentional? ( the claim IS under £10000)

[Although your claim is for a sum which is not more than £10,000.00 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]#

 

# delete if claim for a sum exceeding £10,000

 

[Andyorch]

Not really required Neil...sometimes you get a smart response stating as this is SCT they are not obliged to respond..probably wont respond anyway...but feel free to add it if you wish.

 

Regards

 

Andy

[NeilPD]

thanks mate

I really appreciate all your help

I have absolutely no idea what may happen next, but all stuff has been posted now, so the mystery begins!

[Andyorch]

Keep your eye on the time line that I posted earlier...AoS...then defence and we can take it from there after the main two.

 

" You have 33 days in total to respond to the summons subject to your plea.5 deemed served so 28 ..14 to acknowledge and enter plea and if defending you have a further 14 days to submit your defence."

 

Have a read of the sticky that I have prepared this will explain the process :- http://www.consumeractiongroup.co.uk/forum/showthread.php?356814-The-Process-of-Litigation..-Court-Claims-Defences

[NeilPD]

Hi Andy

 

I sent the acknowledgement of service, as well as basic defence well within the timescale

 

A friend of mine thinks there may be an issue in risking the original hearing date coming and passing by, but I think this is irrellevant.

Spoke to MCOL helpline and they confirm receipt of my defence, and agree that next step is in Claimants hands and that I would be notified in any case

 

Sent CPR 31.14 and SAR request as discussed to appropriate parties.

 

All quiet

 

Anything else I should do, or be doing though?

 

cheers Neil

[NeilPD]

have now had a notice of transfer of proceedings from CCBC saying case transferred to county court for allocation

 

Any advice?

Would it not help to contact the claimant to see if they will accept an out of court settlement

(if you recall, I have no problem paying the proper original amount and never have had intention of avoiding that)

 

many thanks

 

Neil

[Andyorch]

So it looks like they wish to proceed. You will receive a Directions Questionnaire next (N180)...this allocates the claim to track and finalises the directions and dates.

 

 

Regards

 

Andy