By 'merits of the case' people are trying to find out if there is likely to be a case which could be defended, not the administrative failing of this case. Do you know what the debt was for? How much and when was it taken out? You mention that it could be SB, how did you use to pay, was it through your b/ac and could you check statements?

No, they need to be available for inspection and for production at court.

Hi Tonks, sorry to hear about how everything has gone. SCM seem to know all the DJs...... As part of your defence, you could try Mercantile Credit v Ellis, because although the IO hasn't been agreed, you have applied correctly and it must be down to the court's failing (though i would phrase that carefully!! that it hasn't been resolved and you have been maintaining payments. Could SCM have failed to reply to remove this line of defence? I applied for my IO days before the IOC was applied for. The fact that the IO was agreed 3 days before the ICO meant that my wonderful DJ refused to grant the full CO. Good luck, this was my defence CO defence master.pdf

Great news, well done. I'm sure that missing out on costs will be a lot less painful than repaying the whole amount!

This all counts as harassment! It may be in a different form from before but his actions are meant to harass you therefore = harassment.

n150 citb-andy.doc This is the information that andyorch gave to someone regarding an N150. Hopefully you will be able to adapt for your own use.

When does the cc date from? Have you sent a CCA request to Cabot for a copy of your agreement?

You need to go back to the police and ask to see a senior officer about the harassment. As for the claim against you, you need to list it point by point and then your own answers. If he is claiming for stuff, is this stuff in the property and has anyone got proof of purchase or that the items have been around for a while. Take photographic evidence.

Hi welcome to CAG. have you tried getting legal aid or community legal advice http://www.direct.gov.uk/en/Dl1/Directories/UsefulContactsByCategory/Governmentcitizensandrightscontacts/DG_195356. What is he suing you for and what work did he do on your property?

I would still send a ws with a covering letter explaining why you are late in contacting the court and send proof of your payments through the DMP. With such short notice it probably won't have any use, however it may prompt the DJ to award the CO but with the caveat that you maintain your present payments and that as long as those payments are maintained no further action can be taken against you.

When the CCJ was granted did you get an instalment order to make payments and if you did have you been making these payments? Even if aren't able to attend you need to send a ws to the court stating your case.

You must always be prepared for every case to go to court! If you do, you will have been given support and advice and will know your case with confidence. Court is not as daunting as you think as it is usually a small room with just the DJ, you and friend/ counsel and the opposition.

Did you read this sticky from pt http://www.consumeractiongroup.co.uk/forum/showthread.php?255329-CPR-part-18-vs-CPR-31.14-Confused-well-read-here ?

Hi, this is my thread and victory against Rob Way and Cap 1. http://www.consumeractiongroup.co.uk/forum/showthread.php?197031-OH-v-Cap-1-amp-Rob-Way-***-WIN-*** My victory was due to the lack of prescribed t&cs. I was battling on behalf of my OH who lost his nerve and wanted to settle, so I offered increasing amounts for a settlement. Their greed meant that they had nothing:whoo:

Hi you need to down load and complete form n265 and attach a list of all documents that you want to refer to in your case. List letters and their date. When you get the claimants list you then have 7 days to request to either see or receive a copy of any documents listed.

Are you using this form N265 as well as your typed list?

Court forwards a copy of your defence.

as Tonka has said you must attend court with all your paperwork. Prepare arguments for everything, I don't wish to worry you but on occasion DJs have wanted to hear the whole case, so it is better to be over prepared.

You need to look through DCA successes and other Cabot threads to find some ideas for your defence. Your defence needs to be in point form. You need to start by stating that you disagree with every point in the POC. Then you need to state that you were given a running credit account received a credit token dated ^^^ which was regulated by the CCA 1974. You need to state that Cabot have failed to comply with the CPR, mention letter CPR sent and a copy as an exhibit, then your reminder and as exhibit. Have you received any earlier documentation? If so you need to list the faults in them. Do a section for each document in POC Finally a conclusion stating why the case is wrong. You must always end with the statement of truth, signed and dated. Every defence is individual to each case. If you post one, minus identifying features then you should get comments to help. Also you could press the triangle on bottom left and ask the site team to help. I have no legal training but have received help, read loads and learnt a little.

The defence The Civil Procedure Rules set out the requirements for a defence. For example, it must set out a concise statement of the nature of the defence, addressing all allegations in the particulars of claim. Where the defendant denies an allegation, the defence must give reasons why and not simply a bare denial. The defence must be filed and served on every other party. The defence can be amended; permission of the court may be required.

read this thread from pt who is a solicitor. It will give you some idea as to what you need to plead. It used to be the fashion for 'embarrassed defences', but this thread suggests alternative actions http://www.consumeractiongroup.co.uk/forum/showthread.php?283443-Embarrassed-Defences-and-the-problems-with-them. I'm in and out all day, but will try and help later (if no-one else has)

There is a standard format for a defence, but not a form, unless you complete it online with a limited word count. You can plead that you cannot enter a defence as you have not received any documents. Check with the court asap and then you can have help as to what you can do.

By my calculations you had not entered a defence in time. Phone Northampton in the morning and explain what has happened. Did you send your CPR request recorded delivery and have you proof of delivery?

You need to check all your dates. What date was the claim issued? You have a total of 33 days from that date to enter a defence. If you have not received any documents within this time scale you can request an extra 14 days under CPR3.15. If you have run out of time a judgement will have been issued by default.

Have you submitted a defence?