1st credt/? Claimform - old Halifax credit card debt

[peregrine2]

Thats not the full particulars of claim. That is a summary.

 

Particulars must have copies of documents they intend to rely on, and which are mentioned in the particulars.

Where is a copy of the default they are relying on (as mentioned on the claim).

What agreement provision has been broken?

What are the detailed pleadings?

 

CPR 16 (3.2) states these must be sent within 14 days but not later than 4 months after the date of issue of the claim form.

 

Clearly this CPR would be redundant if the "particulars of claim" on the claim form was sufficient.

The CPR is for the detail, taking into account that bulk filing online is not sufficient.

 

As regards your "puzzlement" I am still learning, and with other claims I did not know the infr which I have just found and posted, Likewise, puzzled as to why you didn't mention this in your responses. ;-)

[dx100uk]

not sure what you ae going on about re CPR 16 (3.2)

 

the particulars are suffiaent and we've seen identical ones used from 1st credit numerous times that did not prevent defendants from submitting a claim nor a witness statement.

 

in all honesty you appears to be going down numerous unnecessary routes that are further complicating a very simple process

you need to get your WS done..and put the twaddle aside.

 

there are numerous examples here already of witness statements to compliment the defence you filed where the claimant needs to provide the required documentation.

 

your issue is you negated to send CCA/CPR, having done that before on a claim ….nuff said.

 

you could await their WS but if that doesn't come till close to the deadline then it might cause you issues

however you are a litigant in person and are given certain leeway.

 

https://cse.google.co.uk/cse?cx=partner-pub-8889411648654839:6449422593&ie=UTF-8&q=1st+credit+The+claimant+is+the+assignee+of+a+debt+in+the+sum+of++assigned+on++&sa=Search+CAG

[AndyOrch]

Disclosure comes after allocation...the claimant has not stated they will provide separate particulars so is not compelled to comply CPR 16 (3.2) is not applicable here. Whats stated on the claim form is all you need and no need need to make an application to disclose when they will be doing anytime now with their statement.

[peregrine2]

ok, but any witness statement I draft will be so sparse it can't refer to anything, apart from what I remember when I applied for the card.

 

Im about to read some of yours, which I have done so in the past with great success.

 

Its just that in this particular case I have felt I don't have enough for a meaty ws.

 

Apologies for looking at avenues, but am genning up (i think thats the expression)

[dx100uk]

quite usual for these cases

[AndyOrch]

A witness statement is a witness statement...as a defendant its quite usual to sparse in particular in the absence of the claimants statement and no response to CPR etc etc.Its merely intended to particularise your initial defence...if your relying on the claimant to provide documents to make your statement more " meaty " this would suggest that you have little argument or defence to offer ?

 

Your dispute and argument should be clear from the offset...hence defending the claim .

 

 

Andy