court claim

linzi_pinzi

hi every1 ...in need of sum advice....got a court claim through the post on the 16th feb 09 .....on which i have knowledge i wish 2 defend the claim....so need advice on haw to word my defence.....i sent barclaycard a cca request bk in may on which they never replyed so stoped payin .....i carnt find my copyies anywhere ....cl finance have tuk over the debt and sent it straight to court with howard cohen solicitors .....i have sent cl finance a cca request havent heard a thing of them and sent the solicitors a cpr18 request on which they replyed sayin they are not obliged to give me that information ....i have got 2 do my defence online and i dont know wat 2 put ...i am so confused ...can someone please help me....many thanks lins x x

10past6

Your defence will be based on the account being in dispute prior to litigation being commenced.

linzi_pinzi

thanx for the reply.....so is that all i put down on my defence......sorry i dont undserstand it all....am abit thick wen it comes to all this......thanx lins x x x

insideinfo

You need to list the details of your defence and include details of why you are requestng a CCA, do you dispute the validity of the claim? that it is not yours? that they are in breach of any contract? that you are merely seeking basic clarification?

Is it merely that it is your right to seek a CCA and that they have to comply...

This will buy time until the CCA arrives - if it does and it complies then they can proceed, if it doesn't seek further help from here ..

10past6

linzi_pinzi wrote: »

thanx for the reply.....so is that all i put down on my defence......sorry i dont undserstand it all....am abit thick wen it comes to all this......thanx lins x x x

You have to write it in baby chat so the judge understands it, don't take it for granted the judge is up to date with consumer law.

Give a full explanation including dates of what has taken place with this account up to and including litigation being commenced.

If you have a copy of any letters you sent to the OC prior to litigation, enclose a copy with your defence.

linzi_pinzi

hi every1......just got a letter of howard cohen solicitors havent heard anythin after i wish 2 defend need abit of help.....the letter says:

please find the enclosed a copy of the requlated credit agrement,terms and conditions ,default and statements of the account.

we note that the claim has been stayed at the court, however it is our intention to apply to the court to lift the stay and proceed with the matter.

therefore, we now invite you to withdraw your defence and our client may allow you to repay the debt by instalments. on sight of your income and expenditure details.if you do not reply then we will have no alternative but to proceed to a small claims hearing where the district judge will determine the outcome.

we trust this is in order and look forward to your reply.

we trust this is satisfactory



could any1 give me any advice we to go from here i thought they only had 28 days or they defaulted.......

thanks linds x x

linzi_pinzi

its just me ....can any1 help really stuck on were i go from here plz ...thanku linds x x x

10past6

linzi_pinzi wrote: »

we note that the claim has been stayed at the court

If the claim has been registered as “Stayed” it will have been stayed in order to allow the claimant time to obtain the required documents, how long was the claim stayed for?

You should also request to see the required documents to ensure they comply with current legislation.