How do I defend a CCJ claim?

[BlurredFX]

Hi Guys,

I have recently been in receipt of a CCJ claim by Capquest, claiming to have bought an HBOS credit card debt from about 4 years ago.

I filed the AOS via MCOL and have had acknowledgement from the Court.

I have sent the Creditor's solicitor a "Request for Information" (Letter N by TomTerm, and they have not supplied the required info, so I need to submit a defence.

How do I do that then??!!

Cheers

B

[BlurredFX]

Obviously, I need to send the Defence form back to the court. Sorry guys, plenty on at the minute!!

B

[sequenci]

Can I just clarify, was it a request under Part-18 CPR that you sent?

[BlurredFX]

I sent the request under the CPR, but didn't specify which section.

Is there a template for a standard response to the court when the Creditor fails to supply the documentation under the CPR?

[creditcardmug]

Ah letter N is a request for a Consumer Credit Agreement, not a request under the Civil Procedure Rules, you will have to do another addressed to the claimant and sent by Special Delivery, come back if you need a template

[pt2537]

What were the Particulars of Claim please?

it would be good to know so that we know what we are up against

[BlurredFX]

My appologies - getting confused - yesterday was quite like that. Following the CCJ claim issued by Capquest, I requested the information under the CPR rules, as per Tomterm8's template, in his guide to litigation.

POC:

Monies due under regulated Credit Agreement number xxxxxxxxxxxxxx

Between

HBOS plc
and the Defendant which
was assigned to the Claimant on xx/xx/06
The Agreeement terminated upon the Defendant(s) failure to comply with the terms of the Agreement and/or the statutory Notice of Default served by HBOS plc

The Claimant seeks interest persuant to section 69 of the County Courts Act 1984
at the rate of 8%
per annum from the date of
issue continuing at the daily rate of 1.00
Any payments or queries should be directed
to the claimant on 0870 etc etc

[pt2537]

well they are a clear abuse of the process

and add to that the fact that they are claiming S69 interest, which they arent entitled to

when do you need to have your defence filed?

[BlurredFX]

Needs to go by tomorrow at the very latest. Today ideally. I think the latest it could get to the Court would be Monday.

[pt2537]

Ok, you have two options

1. file a holding defence, which will likely drag out this case and will probably result in a win in the end

2. file a minimal defence and write to the claimant pointing out their pleadings are not in accordance with the CPR and invite them to file an amended claim or you will make an application to strike out their case


now the app to strike out will cost you £75 which you will most likely get back on success and if you do get the order for strike out then its game over and it will happen very quickly

however the down side is they could file an amended set of particulars of claim, but at least we would know what we are expected to defend

your call, but with time as it is against us, it may be hard to get a good full defence together

[BlurredFX]

Given that they claim that this debt has been bought from HBOS, and that they have got my name every so slightly wrong on the form (wrong middle initial), and that the default sum includes charges and PPI I am thinking that there are substantial grounds to fight this lot.

I am thinking that I need to file a defence saying that they have not complied with my requests under CPR etc, so I am thinking that would be option 2?? Am I right?

What is s69 interest and why are they not entitled to it?

[pt2537]

S69 interest is interest which is added to the principal sum under the County Courts Act 1984 S69

why arent they entitled to it? because its a regulated agreement regulated by the Consumer Credit Act 1974 and the County Courts (Interest on Judgment Debts) Order 1991 (No. 1184 (L. 12)) section 2(3) states they are not entitled to it!!

with regards to a defence, its quite easy , but which road do you want to go?

[BlurredFX]

Option 1 -Holding defence me thinks.

I would have liked to get this dealt with in double quick time, but alas, I don't think we have enough time.

[pt2537]

Originally Posted by BlurredFX

Option 1 -Holding defence me thinks.

I would have liked to get this dealt with in double quick time, but alas, I don't think we have enough time.

Time?

what time, you send a defence saying that they have failed to sufficiently particularise their claim and you are unable to plead

then you send a letter to their sols telling them to take their heads out their A**E and do things properly and file a proper claim in 7 days or you will make an application to the court to throw their case out

you do not need to worry about time frames as this is dealt with very quickly all you need to do is file a couple of lines as your defence and invite the other side to plead as per the CPR

[BlurredFX]

OK, so we go with trying to get them to provide the docs as per my letter I sent them Special Delivery etc.

What do I need to write on the defence form? I thought their failure to supply documents was defence enough in it's own right? i.e. they have failed to prove the debt even exists?

Right, well let's go for getting it thrown out sooner rather than later. What would anyone suggest I write on the form and send to their Solicitors?

Thanks so much.

[pt2537]

In the Northampton County Court (CCBC)
Claim number *********

Between

************* - Claimant

And

************* - Defendant

Defence

• I, ********** of ************** make this statement as my defence to the claim brought by **************
• The claimants particulars of claim are vague and fail to disclose any cause of action, they appear to be an abuse of the process in that they fail to deal with the basic rules of pleading in accordance with the CPR even allowing for the constraints of the bulk issue system
• No documents supporting the claims in the particulars have been offered and despite a request to the claimant for further information none has been forth coming and as a result I cannot plead in defence to the claim
• The claimant pleads that the claim is brought under a regulated credit agreement regulated by the Consumer Credit Act 1974, yet the claimant claims statutory interest which the claimant should surely know it is not entitled to by virtue of the County Courts (Interest on Judgment Debts) Order 1991 (No. 1184 (L. 12)) in particular section 2 (3) which expressly prohibits such an award.
• The defendant contends that point 4 in itself amounts to a clear abuse of the process as the claimant would know the law and is trying to bring a claim for monies which it is not entitled to and knows that this is the case
• Without clarification of the claimants claim, the defendant is extremely disadvantaged and the claimants claim appears without merit
• Further to that above 6 paragraphs, the defendant is unable to plead effectively or at all. The defendant is embarrassed.

Statement of Truth


I xxxxxxxxxxxx, believe the above statement to be true and factual to the best of my knowledge


Signed …………………

Date

send this to the court

and then send a copy to the claimants s