I cant recall, Lisa.. did you send a CCA request ..to the original creditor who has still yet to respond ?

Hi, no I only sent the one to sigma by recorded delivery requesting details but nothing to the original creditor (I presume you mean HSBC) I actually didn't think to do that.

Will that be a problem.

Thanks

Lisa

Hi, no I only sent the one to sigma by recorded delivery requesting details but nothing to the original creditor (I presume you mean HSBC) I actually didn't think to do that.

Will that be a problem.

Thanks

Lisa

Hi Lisa,

no, not a problem as such.. however, had you done so.. it would certainly have been a problem for them

If I type the above defence, would this make sense or is there something else I should add or maybe take out?

Thanks

Lisa

7. does not make sense Lisa.

nor 8 come to that.

Andy

Hi everyone

I have made a start on my defence, i have done some reading over past posts and picked out some information. Is the below anything like a defence. Am i going in the right direction. Please could someone have a scan through and let me know if its proffessional enough.

Ive done it online so need to get it off in the next few days or so.

 

Any help very much appreciated. thanks everyone

Dear x x x x

Defence: x x x x x x

 

1. Paragraph 1 is neither admitted nor denied with regards to the Defendantentering in to an Agreement referred to in the Particulars of Claim ('theAgreement') the Claimant has yet to disclose any Agreement. Furthermore anyclaim for partial monies is averred Contrary to s35 of the County Court Act1984 s35 Division of causes of action.

 

2. Paragraph 2 is noted with regards to termination of the alleged contractualAgreement, the Defendant has no knowledge; therefore the Claimant is placed tostrict proof thereof.

 

3. Paragraph 1 is denied with regards to the Defendant owing any monies to theClaimant and the Claimant is put to strict proof to:

 

(a) show how the Defendant has entered into an agreement with the Claimant; and

(b) show how the Defendant has reached the amount claimed for; and

© show how the Claimant has the legal right, either under statute or equityto issue a claim;

 

4. As per Civil Procedure Rule 16.5(4), it is expected that the Claimant provethe allegation that the money is owed.

 

5. On the alternative, if the Claimant is an assignee of a debt, it is deniedthat the Claimant has the right to lay a claim due to contraventions of Section136 of the Law of Property Act and Section 82A of the Consumer Credit Act 1974.

 

6. By reason of the facts and matters set out above, it is denied that theClaimant is entitled to the relief claimed or any relief.

 

7. Due to the fact you had no knowledge ofthe claim or what it was for, a CPR31.14 request for more information was senton xxxxxx. The Claimant has failed to respond

 

8. Failing to adhere to Practice Directionin respect in pre-action protocol.

 

 

Perhaps this should be reworded along the lines of.

 

Not having any knowledge of the claim, the Defendant sent a request for information by way of CPR31.14 on DATE. The Claimant has failed to respond to this request.

 

 

You dont have to add "Dear".. When you submit online, you will be typing into template..

Thank you - my threads are not always showing again, ive highlighted this with admin, it took me a while to find my replies.

Im going to submit this defence today, well will be this evening. Does anyone know what i should expect after submitting are they ikley to come back with something that will complety baffle me lol or could they just think its too much troube for them? in any case is this likley to be a long drawn out process? I dont want this to over my life but often these things bring tht much stress and worry they tend to do that. I suppose thats why most people just pay it.

thanks again.

Any further advice or help before i submit greatly appreciated.

thanks everyone youve all been great.

- my threads are not always showing again, ive highlighted this with admin, it took me a while to find my replies.

Hi,

We are having some issues with the site at the moment, these are being worked on and hopefully will be back to normal shortly.

Regards.

Scott.

Defence

1. Paragraph 1 is neither admitted nor denied with regards to the Defendantentering in to an Agreement referred to in the Particulars of Claim ('theAgreement') the Claimant has yet to disclose any Agreement. Furthermore anyclaim for partial monies is averred Contrary to s35 of the county court Act1984 s35 Division of causes of action.

2. Paragraph 2 is noted with regards to termination of the alleged contractualAgreement, the Defendant has no knowledge; therefore the Claimant is placed tostrict proof thereof.

3. Paragraph 1 is denied with regards to the Defendant owing any monies to theClaimant and the Claimant is put to strict proof to:

(a) show how the Defendant has entered into an agreement with the Claimant; and

(b) show how the Defendant has reached the amount claimed for; and

© show how the Claimant has the legal right, either under statute or equityto issue a claim;

4. As per Civil Procedure Rule 16.5(4), it is expected that the Claimant provethe allegation that the money is owed.

5. On the alternative, if the Claimant is an assignee of a debt, it is deniedthat the Claimant has the right to lay a claim due to contraventions of Section136 of the Law of Property Act and Section 82A of the Consumer Credit Act 1974.

6. Not having any knowledge of the claim, the Defendant sent a request for information by way of CPR31.14 on DATE. The Claimant has failed to respond to this request.

7. By reason of the fact and matters set out above, it is denied that the Claimant is entitled to the relief claimed or any relief.

Regards

Andy

Hi Andy

Thats great, worded lots better than my attempt. i feel better about submitting that version.

This site has been a saviour and i apprecate everyones help.

Thanks again, ill keep you posted.

Lisa:-D

Your defence was one that i had drafted in the past so only a few tweaks required.

Best of luck lisa.

Regards

Andy

Hello,

Well in the process of submitting my defence, and am a bit stuck as im at the stage where it asks if i would like to make a counter claim for £35. I really not sure, i presumed i would see what they came back with and then decide if a was going to go back to them with anything else? but i cant submit my defence without answering. Does anyone know what to do?

Thanks

Lisa:???:

How did this case get on?

How did this case get on?

Hi well I submitted my defence the beginning of october. Got a confirmation through the post and haven't heard anything else. I haven't logged on to see if there have been any developments on the online court website as I presumed they would contact me.

Does anyone know when or how they should reply?

Thanks Lisa

lisa, they have 28 days from the submission date to advise the court if they are going ahead - at which point they have to pay another fee. If they dont advise the court, then the claim is simply stayed until either one of you request it unstayed.. In the claimant's case in order to continue. In the defendant's case for the claim to be dismissed/struck out.

It has been known for claims to be stayed for quite a long time.. I know of at least one that has been stayed for nearly 3 years !!

It is very frustrating that Northampton dont usually bother advising what has happened. You can telephone and ask the what the status of the claim is

Hi Everyone - I logged on and viewed my status which showed the following -

Claim Status

A claim was issued against you on 11/09/2012

Your acknowledgment of service was submitted on 14/09/2012 at 20:51:33

Your acknowledgment of service was received on 17/09/2012

Your defence was submitted on 12/10/2012 at 10:55:49

Your defence was received on 12/10/2012

Thank you citizenB for your reply, would you recommend i ask for it to be dismissed, would i have to pay? Is it likley that this will just stay on file and stigma will think its not worth the hassle? Once dismissed by the court can stigma persue again or is that an end to it?

Its all very worrying

Whats the best thing to do at this stage?

Thanks Again, any advice greatly appreciated

Lisa

Hi Everyone - I logged on and viewed my status which showed the following -

Claim Status

 

 

A claim was issued against you on 11/09/2012

 

Your acknowledgment of service was submitted on 14/09/2012 at 20:51:33

 

Your acknowledgment of service was received on 17/09/2012

 

Your defence was submitted on 12/10/2012 at 10:55:49

 

Your defence was received on 12/10/2012

 

Thank you citizenB for your reply, would you recommend i ask for it to be dismissed, would i have to pay? Is it likley that this will just stay on file and stigma will think its not worth the hassle? Once dismissed by the court can stigma persue again or is that an end to it?

Its all very worrying

 

Whats the best thing to do at this stage?

 

Thanks Again, any advice greatly appreciated

 

Lisa

It is my understanding and experience, that the claim will simply stay.. "stayed" until such times as one or the other of the parties applies for it to be resurrected.

If the Claimant applies, then they will have to pay the fee for the next step and you will be sent an AQ and notice of change of location to your local court.

If the defendant applies, then I think a fee of either £80.00 with a hearing or £40.00 without will be required to accompany the application. I think you can include this fee in your costs.

What reason would you be asking the court to dismiss/strike out the claim ?

There have been stories of claims languishing for 2 or more years.

I would think if the claimant was to resurrect after such a period, they would probably need a very good reason.

If it were to be dismissed by the court, I dont think they can bring another claim for the same reason.

Hi

When you say 'stay' do you mean sort of lie dormant in a way unless someone acts upon it?

It seems unfair that sigma start this ball rolling and then when it comes to the point that they should reply they do nothing. I would have thought that at this point if no reponse from them than it would be cancelled or whatever the legal alternative would be (sorry not too up on all this )

The fact that they have not replyed to the defence does this mean that i do or dont pay the money? I just feel a bit in no mans land! I feel im just always waiting on what if they reply with something...Do they not have a time limit? would the court not wonder why they left if years to reply (presuming i hear nothing for a year or so) ????

It may be just me but i thought it would be a case of i submit a defence and they (sigma) at least have to submit a reply to draw the case to close one way or another.

help?? im even more confused now

thanks everyone for all your help

Hi

When you say 'stay' do you mean sort of lie dormant in a way unless someone acts upon it? - CORRECT

 

It seems unfair that sigma start this ball rolling and then when it comes to the point that they should reply they do nothing. I would have thought that at this point if no reponse from them than it would be cancelled or whatever the legal alternative would be (sorry not too up on all this ) - I agree with you - I think there should be a system in place whereby if the claimant dont follow up on their claim within say 3 months - then it should be dismissed in favour of the defendant.

 

The fact that they have not replyed to the defence does this mean that i do or dont pay the money? I just feel a bit in no mans land! I feel im just always waiting on what if they reply with something...Do they not have a time limit? would the court not wonder why they left if years to reply (presuming i hear nothing for a year or so) ????

 

It may be just me but i thought it would be a case of i submit a defence and they (sigma) at least have to submit a reply to draw the case to close one way or another.

help?? im even more confused now

thanks everyone for all your help

I believe they should be forced to either take their claim forward or discontinue within a period of say 3 months at the latest. I think they leave things dormant in order to avoid paying discontinuance costs.

Hello,

 

Well in the process of submitting my defence, and am a bit stuck as im at the stage where it asks if i would like to make a counter claim for £35. I really not sure, i presumed i wojuld see what they came back with and then decide if a was going to go back to them with anything else? but i cant submit my defence without answering. Does anyone know what to do?

Thanks

Lisa:??

 

 

Hi Lisa,

 

First of all, it depends on the quality of your defence. What proof do you have? Have you wtried speaking to anyone from there yet?. Also remeber they legaly only have to give you 14 days to submit defence prior to judgement by default. I wiuld make contact with them first. If they are completely unresonable this can only add to your defence. if not, they may actually help... either way, i decided i had nothing to lose, called, and it helped. Good luck x

Hello,

 

Well in the process of submitting my defence, and am a bit stuck as im at the stage where it asks if i would like to make a counter claim for £35. I really not sure, i presumed i wojuld see what they came back with and then decide if a was going to go back to them with anything else? but i cant submit my defence without answering. Does anyone know what to do?

Thanks

Lisa:??

 

 

Hi Lisa,

 

First of all, it depends on the quality of your defence. What proof do you have? Have you wtried speaking to anyone from there yet?. Also remeber they legaly only have to give you 14 days to submit defence prior to judgement by default. I wiuld make contact with them first. If they are completely unresonable this can only add to your defence. if not, they may actually help... either way, i decided i had nothing to lose, called, and it helped. Good luck x

 

 

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