Thanks SS Much appreciated GG

Sorry that should be outlined in para 3

What about at the bottom put something like: I respectively ask for a stay in proceedings until such time the claimant complies with my requests outlined in paragraph 2 above or until the court orders its complience with the same. I will then be in a position to file a fully particularised defence and counterclaim and will seek the courts permission to amend my statement of case accordingly.

CPR18 is for info on the poc the poc states very little so not worth it IMO. I think the DN part is covered in para 2, no need to state that you have never received the DN at this stage. GG

Just viewed that thread you posted, Nicklea's defence is very good for your case, id alter that to suit. GG

And make sure you file it on time GG

Hi rufus I can not view that thread for some reason but there are plenty of examples of holding/embarrassed defences around, the only thing you have to do is taylor them to suit your case. The POC's on your claim form are very poor, they do not even state they have served you a DN, without a valid DN this is not going very far IMO. So in your holding defence make sure you state that you have have requested the info from the claimant via a CPR request and they havent compied, so without no documents the defendant is embarrassed. Here are some snipits of an embarrassed defence,try to taylor it to fit your case. In the xxxxxxxx County Court Claim number Between xxxxxxxxxxx- Claimant and xxxxxxxxxxxx- Defendant Defence 1. I xxxxxxxxx of xxxxxxxxxxxxx am the defendant in this action and make the following statement as my defence to the claim made by xxxxxxxxxxxx 2. The Defendant is embarrassed in pleading to the Particulars of Claim as it stands at present, inter alia: - 3. The claimants' particulars of claims disclose no legal cause of action and they are embarrassing to the defendant as the claimant's statement of case is insufficiently particularised and does not comply or even attempt to comply with CPR part 16. In this regard I wish to draw the courts attention to the following matters; a) The Particulars of Claim are vague and insufficient and do not disclose an adequate statement of facts relating to or proceeding the alleged cause of action. No particulars are offered in relation to the nature of the written agreement referred to, the method the claimant calculated any outstanding sums due,or any other matters necessary to substantiate the claimant's claim. b) A copy of the purported written agreement that the claimant cites in the Particulars of Claim, and which appears to form the basis upon which these proceedings have been brought, has not been served attached to the claim form. c) A copy of any evidence of both the scope and nature of any default, and proof of any amount outstanding on the alleged accounts, has not been served attached to the claim form. 4. Consequently, I deny all allegations on the particulars of claim and put the claimant to strict proof thereof 5. I respectfully request the courts permission to submit an amended defence should the claimant file a fully particularised Particulars of Claim Statement of Truth I xxxxxxxxxxx, believe the above statement to be true and factual Signed ..................... Date

Hi rufus file the embarrassed defence on time, making sure you state in the defence that they havent complied with your CPR request. Have you got a template of the embarrassed defence? GG

I have not received any witness statements, this is my strike out hearing. GG

Hi PF What about the fact that they have admited the DN is infact a termination notice as well? The court have also reqested that they file and serve a copy of all the doc's, Agreement DN and TN, At least 3 clear days before the hearing. So when they file the TN or admitt that the DN is a TN as well thats game over surely. GG

I haven't got a number they rang me, but im sure if you ring the head office in southend on sea essex, they will be able to help. Thats where my call came from. GG

Excellent News Gazza GG

Hi rufus I spoke with a lady yesterday from RBS about the same thing, she identified me over the phone, i normally wouldn't recommend speaking to them over the phone but it is the quick way. GG

That is what i filed so you got the same result as me, like i posted earlier i think the claimant will settle before court, to avoid paying more money for court costs. I think you keep to the figure you originally gave the court, unless you have to attend court then i would also allow time for the hearing. GG

Did you submit a PF85A or N252? GG

Hi M If the claimant has not complied with an order from the court and its struck out then the claimant has wasted your time money and the courts time, explain this in a short statement and also send a statement of costs to show you how you worked it out. IE: Time spent writing letters, compiling a defence filing out AQ forms and directions for court etc. special delivery charges if you had any recorded delivery charges etc. i even allowed 2 hours for working out the bill of costs.

Hi ex Have you received a Default notice? Sorry you havent got the help you needed, but explain the whole situation and il ask someone to help that has helped me. Regards GG

Thanks Steven, got it now, will work on that and post it up. GG

Sorry crib sheet? could you explain this GG

Hi M I have exactly the same response from the court, i had to file and serve a short statement explaining how i worked my costs out. I suspect that when the claimant receives the court order they will pay up, otherwise they will have to pay more court costs and a solicitor to attend, i think they will pay up before court. Thats just my opinion. I have a hearing late OCT so i will let you know more then. GG

Thanks x20 GG

x20 I am not sure the PF85A is right for this costs claim, i think its the N252 and Bill of costs served on the claimant, could you confirm that for me. Thanks GG

Thanks r&b and CB Yes its done and dusted, i can not see how they could appeal, and if the way the DJ spoke about them, good luck with them trying anything. I will now file and serve documents for a costs certificate. GG

Title change please, their claim was struck out, no one turned up from the other side the DJ was not happy and said its struck out as they couldn't be bothered to defend their claim. I am well chuffed but a little disappointed that i couldn't contest their claim and test all the DN info that i had collected in my bundle. But a big thank you to you all, especially CCM, CB and 42man. And invaluable advice from x20. I will submit my costs to the court on a PF85A, and a donation will be made soon as the cheque clears. I couldn't of sorted out costs at court because i hadn't served the claimant with a statement of cost before the hearing, never mind learning all the time. GG

Thanks 42man much appreciated. Thanks CB GG