Yes I got lots of things that were "embarrassing"...but not the defence you were looking for!!

Hi am in same position only mine has to be in by 7th may loopyloopy. I only have correspondence and statements so thats all we can put down as far as I understand, and dont fill in all the front sections of the N265, just put down what documents you do have have a look at mine http://www.consumeractiongroup.co.uk/forum/legal-issues/183981-county-court-claim-help.html fedup

Also from Lord Woolf:- Access to effective advice 29. The Civil Justice Review made a number of detailed recommendations to improve the information and advice given to litigants, including the provision of information on local advice agencies with each summons in small claims, debt, housing and personal injury cases (Recommendation 50). It also recommended staff training to enable them to give direct assistance to the public in handling their cases (Recommendation 51), establishing effective liaison with advice agencies and the funding by legal aid of advice agency duty representatives in court (Recommendation 52). While there has been some progress on these recommendations, their implementation and their success in dealing with the underlying problems has been patchy (information on local advice schemes, for example, is provided only in relation to housing cases). All the recommendations should now be fully implemented. Advice to defendants 30. A clear message from my process of consultation has been that defendants as well as plaintiffs need better access to advice and assistance. This is especially so in relation to debtors, tenants and mortgage borrowers faced with a claim for repossession of their homes and rent or mortgage arrears. Many of these will have multiple debt problems or may have a valid claim for housing disrepair. To meet their needs, a range of advice is required on multiple debt and paying off arrears, advice on the issue of reasonableness for tenants facing repossession and advice on potential counterclaims. 31. Following a recommendation of the Civil Justice Review, the county court forms used in possession cases were amended in 1993 so that landlords and mortgage lenders are now required to give as much information as possible about the defendant's financial circumstances, to enable the court to reach an informed decision as to the reasonableness of granting a possession order. These reforms have undoubtedly succeeded to some extent in improving the quality of information available to the courts, but there remains a significant number of defendants in possession cases who do not attend court or seek advice on how to deal with a summons. The experience of duty advice schemes suggests that a significant number of these defendants are in a position to make proposals for payment, and some may have a defence. The system at present fails these defendants in failing to ensure that they receive effective advice. 32. The legal aid consultation paper and the pilot project on non-solicitor franchising by the Legal Aid Board may provide an opportunity to develop new approaches to the provision of effective advice and assistance in these key areas. There is a general need to ensure that potential litigants are directed to appropriate sources of advice and to improve the efficacy of those services by exploring the best ways to provide this. In larger court centres there should be a permanent advice centre on the lines of the permanent Citizens Advice Bureaux in Liverpool Combined Court Centre and in the Royal Courts of Justice. The latter is, however, open only four days a week at present. This is not sufficient in such a busy location with so many demands on its resources, and the provision of adequate funding to enable the Citizens Advice Bureau to offer a service throughout court office hours may be a more cost effective use of resources than a mixture of advice from court staff and referral to other agencies. In courts with smaller work loads, there should be an investigation as to whether court-based advice agencies are more effective and accessible than those based elsewhere. This should be tested as part of the new proposals for ensuring that legal aid is more effective in reaching those most in need. Facilities for litigants 55. The Civil Justice Review drew attention to the need to improve facilities in many courts, despite the substantial improvements in new and refurbished courts. The Heilbron/Hodge report also found it necessary to draw attention to the practical needs of litigants. The National Survey of Court Users found that under 50 per cent of respondents were satisfied with the provision of car parking, telephones out of public earshot, refreshments and separate waiting areas. 56. In all my discussions with individual litigants and with their representatives the importance of such practical matters has been impressed on me time and again. Those coming to the court for the first time, both professional and unrepresented litigants alike, require well signposted and accessible courts and offices, preferably at the same place although this has proved impossible for the Central London County Court. Clear signposting within the court building helped people to find their way and reduced the pressure on court staff to answer simple queries. Signposting should be not only in English but in the principal ethnic languages relevant to the area. 57. I know that at Bow County Court, the Chief Clerk has arranged for members of his staff from the local ethnic communities to be available to answer queries in the relevant language where possible. This is very much an impromptu and informal arrangement but gives a clear indication of the new way in which courts are assessing the needs of their users and striving to find better ways of meeting them. Other courts are experimenting with ways of ensuring that the staff who are available at the counter have appropriate expertise and are able to answer a wide range of enquiries. The new emphasis on customer service should help to provide what all court users need: friendly and accessible court staff who understand what they are talking about and are well qualified to help. Recommendations My main recommendations are as follows: • The provision of assistance to litigants should be an invariable obligation of the courts. • In the context of the consultation paper on legal aid and the aims of the Court Service, the Lord Chancellor should determine and implement the best way of providing advice through court-based or duty advice and assistance schemes funded by the Legal Aid Board. • Information technology kiosks should be introduced on a trial basis at selected courts. • Research should be conducted into litigants' information needs and the most helpful way of presenting information. The feasibility of providing an explanatory video on the court process should be investigated. • The courts should provide reasonable facilities, preferably in private, for filling in forms. • Both professional litigators and unrepresented litigants should have access to court libraries. • All the Civil Justice Review's recommendations on the provision of information and advice to litigants should be fully implemented. • There should be a permanent advice centre in larger courts. In courts with smaller workloads, there should be an investigation as to whether court-based advice agencies are more effective than those located elsewhere. • Permanent facilities should be provided for all court-based advice schemes, where possible. • There should be a duty advice scheme funded by legal aid at each of the courts identified as handling substantial levels of debt and housing work. Ways of providing more general assistance, by the provision of a Citizens Advice Bureau or similar facility at court centres where the workload would justify it, should be explored and the possibility of legal aid funding for such a service should be considered. • Judges should be prepared to adopt an interventionist approach in all cases involving an unrepresented party and the handling of such cases should be fully covered in judicial training. • The law in relation to housing should be simplified. • Alternative ways of providing court services in rural areas should be explored, including mobile courts providing small claims hearings as well as advice and information. • The possibility of holding evening or weekend courts should be re examined. • Court buildings should be clearly signposted, in appropriate minority languages as well as English.

Access to Justice - Lord Woolf Chapter 17 - Litigants in Person 1. At every level of the civil justice system litigants are bringing cases without any formal legal representation. A number do so from choice, particularly within the small claims scheme. Many more are forced to do so because they cannot afford the high and often disproportionate costs of legal representation and are not eligible for legal aid. The same reason leads to many more being effectively barred from access to justice as they either do not know of their rights to make or defend a claim or do not know how to do so. Notwithstanding their difficulties throughout the justice system, however, their numbers are increasing. The precise extent of the increase is unknown. It should, from now on, be monitored in cases where a defence has been served. 2. Only too often the litigant in person is regarded as a problem for judges and for the court system rather than the person for whom the system of civil justice exists. The true problem is the court system and its procedures which are still too often inaccessible and incomprehensible to ordinary people. 3. I believe it is essential to the success of my proposals that the courts themselves should in future take a more pro-active role in relation to unrepresented litigants, both in giving information about sources of professional advice and other outside help, and in themselves providing direct assistance. Both court staff and judges must recognize the needs of litigants in person and, if necessary, adjust their approach so that there is no suggestion that they are being treated as an exception or even a nuisance. 4. At the same time there is a need to improve the advice and assistance available and to ensure that litigants have early contact with whatever source of advice is available. Although the judge can preserve equality of arms at the hearing between represented and unrepresented litigants, and although my proposals for small claims envisage a greater degree of judicial involvement to ensure that litigants present the case more effectively, the judge's help in presenting the unrepresented party's case is not a substitute for thorough preparation by a professional or other adviser. 5. Contributors to the provincial seminars and representatives of the Advice Services Alliance have all stressed that it is particularly important to ensure that effective help and advice are available to those litigants who are most disadvantaged and least able to help themselves. The key needs of litigants are for: • a system which is understandable and responsive to their needs; • information and advice on different ways of resolving problems; • information and advice on how to make a claim and how to respond to a claim, as a defendant; and • advice and assistance on preparing and presenting their case. 6. There is also a need for education about the legal system in a broader sense. Citizens need to be informed about their rights and obligations in order to become responsible members of society. I commend the educational work which is being done in this field by organisations such as the Citizenship Foundation which was established in 1989 and has built on the pioneering work of the Law in Education Project. The new rules 7. One of the objectives of my Inquiry is to simplify the rules and procedures of civil litigation so that they will be more easily understood and followed by litigants as well as their advisers. The present rules are complex and daunting in themselves. They are made more impenetrable for the average litigant in person by the accretion of the case law which amplifies many of the rules. The language and format of the rules act as a barrier to the use of the civil justice system by ordinary people and make it difficult for them to bring or defend a case if they cannot afford legal assistance or representation. The situation is made worse for them if they have tried to understand and comply with the rules only to find that they appear to be flouted by lawyers and that this is effectively condoned by the courts. 8. My approach to the rules is set out in chapter 26. That chapter contains examples of the complexity of the existing procedure and language. I intend that the language of the rules and the way they are set out should be easier to understand. To help achieve this, Helen Brown from the Information and Production Department of the National Association of Citizens Advice Bureaux and Marlene Winfield from the National Consumer Council are included in the small group advising on preparation of the rules. 9. The new rules will, in general, provide one way to begin court proceedings, rather than several different ways as at present. This will make it easier for all litigants, not only litigants in person. The forms are an important aspect of this. The Civil Justice Review recommended the simplification of forms (Recommendation 49). I hope to achieve this by recommending a single improved claim form. It will assist litigants to set out the information on which their claim is based. It will also require information to be included so that the court, rather than the litigant, can decide which is the correct track and the correct court for the case. This should make entry to the courts easier. 10. From the consultation process I am aware of concern that many people with a valid defence do not respond to proceedings issued against them. Their need is not only for clear forms to enable them to set this out but, more often, for advice on whether they have a defence. I deal with this in paragraphs 30-32 below.

"madam" actually!!!!!

LIPS - tips (!!!!!!!) Dress For Court Coordinate your court attire with the case you are making. If you are a working LIP, appear in conservative business attire. The judge does not have many clues as to your real personality. Your clothes send a signal. If you are a stay-at-home LIP, appear in neat, conservative, respectful attire. If at all possible, do not wear jeans or sweatshirts. Women should avoid clothing that is revealing in any way. Prepare Your Arguments Some lawyers recommend memorizing the key points you want to mention and look for a way to work those points into any response the judge asks for from you. Also be aware of anything in your life that could help your argument. Gather Your Documentation Be prepared with documents to back up your claims e.g. such as in children custody matters: • Any written communications between the child's teachers and you. • Doctors' notes showing that you were the parent who accompanied the child to the doctors' office. • Your own schedules from past months, showing the time you were spending with the child. • Checks you wrote for children's activities or at the doctors' office. • A statement from your employer, if you can comfortably obtain one, explaining the steps you have taken at work to assure that you will have adequate time to care for your children. • If different school districts are involved, bring statistics about your school demonstrating its best qualities. These may relate to number of extra-curricular activities, performance of the sports teams, or admissions to colleges. Here are some tips on how to conduct yourself in the courtroom. • Don't get flustered. Stay calm, no matter what the person you are claiming against claims, or no matter what the other lawyer says to you. • Don't volunteer information. If you are asked questions, answer them as honestly and simply as possible. Things you say could be twisted around in a way that hurts you. • Be respectful to the judge. Address the judge as "sir/madam," wait for the judge to finish speaking, and speak calmly and respectfully. Use clean language. • Don't interrupt anyone. If your spouse, or the person you are claiming against, or his or her lawyer is lying, you will have an opportunity to speak. Be patient.

Witnesses and witness statements You will need to consider at an early point which witnesses to call. Sometimes, you will be the only witness you need or wish to call. A court may be prepared to take hearsay evidence into account, but will tend to treat it as less reliable than first-hand evidence. Having decided which issues are relevant to your case (including the redress sought), you will need to consider calling anyone who can give significant evidence about any aspect of the case which cannot be given by a person who is already going to give evidence. For example, if you have suffered ill health because of that discrimination, there may be a need to call an expert witness. It is sensible to interview witnesses at an early stage, to take statements from them, and to ask them to sign and date those statements to confirm that the statements are correct and accurate in all respects. In taking a statement, it is highly desirable to avoid putting words into the witness's mouth. Any perceived short-term advantage to your case likely to be outweighed by the damage done if, when giving evidence at the court hearing, the witness says something rather different. Sometimes, possible witnesses are very reluctant to co-operate. For example, they may not be keen to give evidence against a work colleague. Alternatively, they may fear being victimised for giving evidence against their employer (even though such victimisation is unlawful). In other cases, a witness is willing to give evidence, but does not wish to be seen to be so doing voluntarily – a typical example might be a sexual harassment or victimisation claim. The court has the power to order a person to attend a hearing as a witness. It may make such an order out of its own volition or upon request from you as party to the case. Before granting an application, the court may require whoever makes the request to notify every other party of the application. Before exercising its discretion to grant a witness order, the court will need to be satisfied, first, that the witness can potentially give evidence relevant to the issues in dispute. Secondly, the court will need to be satisfied that issuing a witness order is actually necessary – so you should invite the witness to attend before applying to the courtl for an order. It is sensible to think very carefully indeed before seeking to compel a reluctant, or possibly even hostile, witness to give evidence on your behalf. There is no "property" in a witness – in other words, the other side may be able to interview your witness and obtain helpful information which could possibly undermine your whole strategy in putting your case to the court. Even where a witness has signed a statement, what may actually be said under cross examination before the court is, all too often, highly unpredictable. Thus, although you need to call relevant witnesses, a good rule of thumb is to call as few witnesses as are necessary in order to put your case effectively.

Yes I thought it would!!! Am noseying around t'internet and came across this stuff..........

Equal Treatment – Some Dos and Don’ts for Judges Dos ( this is a good one!!!!) ascertain how parties wish to be addressed • make a point of obtaining, well in advance if possible, precise details of any disability or medical problem from which a person who is appearing before you suffers • allow more time for special arrangements, breaks etc. to accommodate special needs at the trial • give particular thought to the difficulties facing disabled people who attend court – prior planning will enable their various needs to be accommodated as far as possible. • try to put yourself in their position – the stress of attending court should not be made worse unnecessarily, through a failure to anticipate foreseeable problems. • bear in mind the problems facing unrepresented parties. • admit a child’s evidence, unless the child is incapable of giving intelligible testimony. • ensure that appropriate measures are taken to protect vulnerable witnesses, for instance children, those with mental or physical disabilities or those who are afraid or distressed. • be understanding of people’s difficulties and needs. Don'ts underestimate the stress and worry faced by those appearing in court, particularly when the ordeal is compounded by an additional problem such as disability or having to appear without professional representation. • overlook the use – unconscious or otherwise – of gender-based, racist or ‘homophobic’ stereotyping as an evidential short-cut. • allow advocates to attempt over rigorous cross-examination of children or other vulnerable witnesses. • use words that imply an evaluation of the sexes, however subtle – for instance, ‘man and wife’, ‘girl’ (unless speaking of a child), ‘businessmen’. • use terms such as ‘mental handicap’, ‘the disabled’ – use instead ‘learning disability’, ‘people with disabilities’. • allow anyone to be put in a position where they face hostility or ridicule.

Preparing bundle for court It is important to make sure that the bundle to which you will be referring is in its correct order and paginated in good time. The pleadings and any relevant correspondence between the parties leading up to case will be placed at the start of the bundle followed by the rest of the documents, usually in chronological order. It is helpful for there to be an index to the contents at the front of the bundle in 3 columns: document, date and page number. You will have to submit three bundles to the court and it is always advisable to take an additional bundle with you at your actual hearing. Courts are notorious for losing files. You are strongly advised that you have someone with you to transcribe the hearing as you will find that the court transcript often bears no resemblance to what transpirs in an actual hearing. Remember to follow the proceedings closely, with the aid of the documents – in case, for instance, there is a need to point out any issue that may have been overlooked or wrongly interpreted. All documents in the bundle need to be legible. It is surprising how often inadequately photocopied bundles are produced and this can 'put off' the judge. You are strongly advised to examine your files held by the court and don't be surprised to find documents that you have been unaware of - you have the right to ask for photocopies. Recoverable cost for LIPs The costs recoverable by parties in respect of periods when they are or were litigants in person are governed by the Litigants in Person (Costs and Expenses) Act 1975 and by CPR 48.6. The costs of litigants in person can be divided into four categories: 1. Out of pocket expenses (such as court fees, fares travelling to court, witness fees, etc) if they relate to work or disbursements which would have been done or made by a solicitor had a solicitor acted for the litigant in person. 2. Payments made to obtain expert assistance in connection with assessing the claim for costs. For this purpose a person is an expert if he is a barrister, solicitor, Fellow of the Institute of Legal Executives, Fellow of the Association of Law Costs Draftsmen, or a law costs draftsman who is a member of the Academy of Experts or the Expert Witness Institute. 3. Costs for work done by the litigant in person which caused him or her pecuniary loss (for example, a litigant in person who is employed losing a day’s pay through attending a court hearing or through going on a long journey to interview an essential witness). 4. Costs for work done by a litigant in person which did not cause him or her any pecuniary loss (eg, the examples just given if the work was done during leisure time). Procedure on detailed assessment Generally speaking the procedure by which a litigant in person seeks to obtain costs from another party is briefly, service of a bill plus notice of commencement and certain other documents, obtaining a default costs certificate or, if points of dispute are served, serving a reply and/or filing a request for a detailed assessment hearing. Where a litigant in person wishes to prove that he has suffered financial loss he should produce to the court any written evidence he relies on to support that claim and must serve a copy of that evidence on the paying party at the same time as serving the notice of commencement. Calculation of disbursements The litigant in person will be allowed all his reasonable disbursements in full if the costs officer or Costs Judge decides all of the following questions in his or her favour: 1. Were these disbursements actually incurred? 2. If so, at the time they were incurred, did it then appear necessary or at least reasonable to incur them? 3. Are the sums claimed for each disbursement reasonable in amount? If, in respect of any disbursement the answers to questions (1) or (2) is no, the amount claimed for that disbursement will be wholly disallowed. If, in respect of any disbursement, the answers to questions (1) and (2) are yes but the answer to question (3) is no, the costs officer or Costs Judge may allow a reduced amount for that disbursement. Calculation of charges for time spent The rules as to charges for time spent are more complicated. In order to determine them, the costs officer or Costs Judge must decide four questions: 1. What items of work were done and what time was actually spent on those items? 2. In respect of each item, how long was it reasonable for the litigant in person to spend? The time allowed may be less than the time actually spent by the litigant in person and more than the time that would have been spent by a solicitor, had a solicitor been employed to undertake that item. 3. What hourly rate or other rate is it reasonable to apply in respect of time reasonably spent by the litigant in person? 4. If all the items of work for which costs are recoverable had been undertaken by a solicitor, what would a solicitor’s reasonable charges have been for doing such work? There is no fixed rate at which pecuniary loss will be quantified. For example, a bank manager may be allowed more than a bank clerk. There is a fixed maximum rate at which costs for work done in leisure time is recoverable. The current maximum figure is £9.25 per hour reasonably spent. There is an overall limit on charges for time spent which can never be exceeded. The cost officer or Costs Judge cannot allow more than two thirds of the sum determined in answer to question (4) above.

A useful first step in preparing a chronology is to identify all the key events in the case. Placing them in chronological order will often cast light on significant issues, such as delays in dealing with grievances. A chronology should be simple, not long-winded. The aim is to provide an "at a glance" summary which will help to focus on the history and significance of your case. The chronology should not omit significant events which appear to be detrimental to your case: evasiveness will not impress the court. A skeleton argument may provide an opportunity to summarise why apparent weaknesses in your case are not, when properly viewed, fatal to it. As a litigant in person you will acting as your own advocate. The skill in preparation which is valued is in preparation of quality and informative skeleton arguments and chronologies. Skeleton arguments, properly prepared and used, are the foremost weapon in the LIPs armoury and the vehicle for short and focused hearings. The impact on the judge of a quality skeleton argument cannot be over-estimated. It is the your first "speech" to the judge which you are allowed to deliver without any interruption by the judge(hopefully!). The judge may legitimately assume that it is your best effort, on which the judge is asked to make at least his provisional judgment, and you must realise that it may be difficult thereafter (if not impossible) to shift that view. The skill in advocacy is no longer the ability to drone on uninterrupted for hours: that is the perquisite of the judiciary alone. It is the ability to assist the judge, most particularly in answering his questions and resolving his doubts. You must have the resources to deal with the judicial intervention - the confidence not to be overawed, the resilience to respond, the tenacity to challenge, the tact to mollify, the authority to inform and persuade. This requires having the facts at your fingertips and the legal principles in mind and relevant passages in authorities and textbooks at hand - a far greater knowledge of all these is now required than was the position when the judge remained recumbent throughout the proceedings. The premium today is upon flexibility - to deal with issues raised, not as you may have planned, but as they are raised by the judge. It is important to try gaining the judge's trust and confidence in your preparation and accordingly the solidity of your submissions and answers to questions asked. You may have an expectation of your "day in court". Such expectation should be lost immediately and realise the critical role of the skeleton argument. It takes the place (at least in part) of the opening addressto the judge. Subsequent questioning by the judge is the opportunity to make more - and not less - of what is and can be said. A skeleton argument is a concise document summarising the main issues about the law and evidence in the case. It is often useful, as it helps to concentrate the mind and save time at the hearing. A "skeleton" should, almost by definition, concentrate on the "bare bones" of the case: Key facts, and the contentions based upon them. In drafting a "skeleton", it is useful to remember that judges will appreciate a document that goes to the heart of the case and avoids rhetorical flourishes.

A litigant who is acting in person may be assisted at a hearing by another person, often referred to as a McKenzie friend (see McKenzie v. McKenzie [1971] ). The litigant must be present at the hearing. If the hearing is in private, it is a matter of discretion for the court whether such an assistant is allowed to attend the hearing. That may depend, among other things, on the nature of the proceedings. The assistant is allowed to help by taking notes, quietly prompting the litigant and offering advice and suggestions to the litigant. The court can, and sometimes does, permit the assistant to address the court on behalf of the litigant, by making an order to that effect under section 27(2)© of the Courts and Legal Services Act 1990 (by reference to sections 17 and 18 of that Act), but this is an exceptional course. Some factors which may be relevant to whether this should be permitted have been discussed in reported judgments, including Izzo v. Philip Ross [2002] BIPR 310 and Paragon Finance v. Noueiri (Practice Note) [2001] EWCA Civ 1402 [2001] 1 W.L.R. 2357. Advocates (and judges) wear robes at hearings by High Court Judges of trials (including preliminary issues) and statutory appeals or cases stated. Robes are not worn for other hearings, including appeals from Masters, Bankruptcy Registrars and county courts. The Daily Cause List states, in relation to each Judge's list, whether the matter is to be heard robed or unrobed. Robes are not worn at hearings before Masters. Robes are worn at the following hearings before Bankruptcy and Companies Court Registrars: public examinations of bankrupts and of directors or other officers of companies; applications for discharge from bankruptcy or for suspension of such discharge; all proceedings under the Company Directors Disqualification Act 1986; petitions to wind up companies; final hearings of petitions for the reduction of capital of companies.

Litigants in person should, unless they have good reason for not doing so: (1) prepare a written summary of their argument in the same circumstances as those in which a represented party is required to produce a skeleton argument; (2) prepare a bundle of documents in the same way that a represented party is required to produce a bundle of documents; and (3) be prepared to put forward their argument within a limited time if they are directed to do so by the court. This means that litigants in person should identify in advance of the hearing those points which they consider to be their strongest points, and that they should put those points at the forefront of their oral and written submissions to the court. It is not the function of court officials to give legal advice. However, subject to that, they sometimes assist litigants. A litigant in person has to be their own advocate and should ensure that the court is informed of all relevant decisions and enactments of which you are aware (whether favourable or not to your case) and to draw the court's attention to any material irregularity. You really need to do your homework very thoroughly and become your own expert. Representatives for other parties should treat litigants in person with consideration but again this doesn't always happen. They should where possible be given photocopies of any authorities which are to be cited before the case starts in addition to the skeleton argument. They should be asked to give their names to the usher if they have not already done so. Representatives for other parties should explain the court's order after the hearing if the litigant in person does not appear to understand it - although this doesn't usually happen! A litigant in person must give an address for service in England or Wales. If he or she is a claimant, the address will be in the claim form or other document by which the proceedings are brought. If he or she is a defendant, it will be in the acknowledgment of service form which he or she must send to the court on being served with the proceedings. It is essential that any change of address should be notified in writing to Chancery Chambers and to all other parties to the case. Notice of hearing dates will be given by post to litigants at the address shown in the court file. A litigant in person will generally be given a fixed date for trial on application. A litigant in person who wishes to apply for a fixed date should ask the Listing Office for a copy of its Guidance Notes for Litigants in Person. Litigants in person may use the Supreme Court Library in the Queen's Building at the discretion of the Librarian.

http://www.dca.gov.uk/research/2005/2_2005.pdf

Yes I was going to ask about the sections on the n265 that ask you or say:- "I did not search for documents:- pre dating...... located elsewhere than In catagories other than For electronic documents "I carried out a search for elecronic documents contained on or created by the following:- " Also it says "I did not search for the following:- Documnets created before....... Documents contained on or created by the claiment or the defendent then it lists such as databases, mobile phones etc. Basically....do I answer these?? If so what do I put?? I have all my documents like statements and letters and thats it, theres nothing else....... Thanks fedup

Ok thanks Am getting there now. Have downloaded form N265 to file bundle with.I did not realise I needed to use this form, as I have read other threads and it seemed to me that I just made a list of disclosure, anyway, will fill it in to best of my knowledge and see how we get on. I am going to disclose all doccuments and send to other side aswell as court . I have also been advised that If they dont file a bundle then I have to get form n244 (i think) and apply to have set aside. That will cost me but hey.....in for a penny....... Thanks again fedup

If I dont want the claiment to be given permission to inspect certaun doccuments what do I| put on the N265 as a reason........My reason is they could tamper with said doccuments but that may not be accepted as a va;id reason by the court

Could someone please look at my post 75 and tell me if its any good Thanks

bump

Hi there Ruthbridge seem to threaten to make anyone bankrupt, they did this to me too....but I knew the debt was statute barred and I stuck to my guns, and eventually they left me alone. Dont ever speak to them or ANY DCA on the phone, they are very rude and will make you feel like poo!!!! ( the guy "Jason" from ruthbridge started shouting at me down the phone to pay them some money, and he put the phone down on me !!!! so I rang back to complain about it, and then put the phone down on HIM!!!!) Make sure you put everything in writing so you have evidence of communication with these "people" and send the letter above. fedup

In the xxxxxxxx County Court Claim number: xxxxxxx Phoenix Recoveries – Claimant And xxxxxxxxx– Defendants DISCLOSURE BY LIST- of –fedupwithdebt plus 1 DEFENDANTS We, fedupwithdebt2009 plus 1 of planet zorg, being the defendant’s in this case, intend to rely on the following documents in court:– 1. Defence statement 2. Copy of order made on xxxx2009 3. Copy of Claim form received xxxxxx 2009 4. copy of acknowledgement of defence dated xxxxx 2009 5. Copy of Allocation Questionnaire for xxxxxxxx 6. Copy of Allocation Questionnaire for xxxxxxx 7. Copy of proof of posting of AQ to xxxxxxx Solicitors 8. Copy of letter to xxxxx dated xxxxxx2009 9. Copy of letter received fromxxxx 10. Copy of letter from xxxxx 11. Copy of letter to Marlin Financial 12. Copy of letter from xxxxxx 13. Copy of letter from xxxxxx 14. Copy of letter to xxxxxxxxx 15. Copy of letter from xxxxxx 16. Copy of Letter from HSBC 17. Copy of letter of CCA request to xxxxxxxxx 18. Copy of proof of posting of letter above 19. Copy of reply to CCA request letter from xxxxxxx 20. to 62. Copies of Statements for the xxxxxxx Account subject of county court Claim by Phoenix Recoveries 63. Copy of Opening statement of new account following on from xxxxxx account closure 64. Copy of first payment to xxxxx 1998 65 to 75. Copies of statements including payments to xxxxxxxxxx for years 1999 to 2007. Also have a look at statement of truth pls.... In the xxxxxxx County Court Claim number: xxxxxxx Phoenix Recoveries – Claimant And fedupwithdebt2009 plus 1– Defendants Statement of Truth we certify that we understand the duty of disclosure and to the best of our knowledge have carried out that duty. We further certify that the list of documents set out in this List is a complete list of all documents which are or have been in our control and which we are obliged under the order to disclose. I believe the facts stated within this document to be true and the document comprises of two pages. Dated this xxxxxxx 2009. Signed fedupwithdebt

Right...this is the defence I shall be using with and enclosing in my bundle. Have a read and please let me know what you think and if there's anything i can add or remove Cheers fedup In the xxxxxxxx County Court Pheonix Recoveries -v- fedupwithdebt plus 1 Claim Number: xxxxxxxxxxxx DEFENCE Except where otherwise mentioned in this defence, I neither admit nor deny any allegation made in the claimants Particulars of Claim and put the claimant to strict proof thereof. The Defendant is embarrassed in pleading to the Particulars of Claim as it stands at present, inter alia:- 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 18. 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 account number of the agreement, the method the claimant calculated any outstanding sums due, or any default notices issued 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. Consequently, I deny all allegations on the particulars of claim and do not know what case I have to meet. Further to the case On xxxxxxxxxx 2009 I requested the disclosure of information vital to this case from the claimant, in respect of each alleged debt the Claimant has failed to produce any of the information requested. The information requested amounted to copies of the Credit Agreement and any default or termination notices, a transcript of all transactions, including charges, fees, interest, alleged repayments by myself and payments made by the original creditor. Also any other documents the Claimant seeks to rely on, including any default notices or termination notice, and a list of charges applied to the account. The claimant has indicated that they have had substantial difficulties in obtaining this information in time for me to file my defence, and has undertaken to provide it as quickly as possible. I therefore respectfully ask that the court grants me permission to amend this defence when I have received the necessary information. With respect to the claim, it is denied that I am liable to the claimant as stated in the claim, or at all: Having requested a copy of the credit agreement, which has (thus far) not been produced by the claimant I put the claimant to strict proof that such a document exists, in all respects compliant with the consumer credit 1974. In the absence of such a document, I deny that there has been any failure to make payment in accordance with any alleged contract. The Claimant having failed to produce a copy of a properly executed credit agreement and in the absence of such an agreement, which conforms to sections 60 and 61 of the Consumer Credit Act 1974, the Defendant avers that no agreement has ever existed for there to have been any failure to make said payment. It is neither admitted nor denied that any Default Notice in the prescribed format was ever received and the Defendant puts the Claimant to strict proof that said document in the prescribed format was delivered to the defendant. In respect of that this is denied, during the period in which the Account was operating the claimant debited numerous charges to the Account in respect of purported breaches of contract on the part of the Claimant and also charged interest on the charges once applied. The defendant understands that the claimant contends that the charges were debited in accordance with the terms of the contract between itself and the Claimant. The defendant contends that: a) The charges debited to the Account are punitive in nature; are not a genuine pre-estimate of cost incurred by the claimant; exceed any alleged actual loss to the claimant in respect of any breaches of contract on the part of the defendant; and are not intended to represent or related to any alleged actual loss, but instead unduly enrich the Claimant which exercises the contractual term in respect of such charges with a view to profit. b) The contractual provision that permits the Claimant to levy such charges is unenforceable by virtue of the Unfair Terms in Consumer Contracts Regulations (1999) and the common law. Accordingly I put the Claimant to strict proof that every charge and collection charge made to the account was valid and lawful. I aver that any default notice sent would have included these charges. I put the claimant to strict proof that any default notice sent to me was valid. I note that to be valid, a default notice needs to be accurate in terms of both the scope and nature of breach. Failure of a default notice to be accurate not only invalidates the default notice (Woodchester Lease Management Services Ltd v Swain and Co - [2001] GCCR 2255) but is a unlawful rescission of contract which would not only prevent the court enforcing any alleged debt, but give me a counter claim for damages Kpohraror v Woolwich Building Society [1996] 4 All ER 119. Further, the claimant states that I have refused to pay sums due under agreement. In its particulars of claim, it has not explained under what terms of any agreement these sums were due and I put the claimant to strict proof that said monies are due. Having instigated these proceedings without any legal basis for doing so, having failed to provide sufficient information required under the pre-trial protocols in order to investigate this claim, or indeed to provide a reasonable time period to investigate this matter, and having failed to investigate a dispute as required by the OFT Debt collection Guidelines I believe the Claimant’s conduct amounts to unlawful harassment under section 40 of The Administration of Justice Act. Furthermore, the Claimant’s behaviour is entirely vexatious and wholly unreasonable. Without Disclosure of the relevant requested documentation I am unable to asses if I am indeed liable to the claimant, nor am I able to asses if the alleged agreement is properly executed, contain the required prescribed terms, or correct figures to make such an agreement enforceable by virtue of s127 Consumer Credit Act 1974 In view of the matters pleaded above, I respectfully request that the court gives consideration to whether the claimant’s statement of case should be struck out as disclosing no reasonable grounds for bringing the claim, and/or that it fails to comply with CPR Part 16.

Also can you point me in the direction of which of the relevant consumer credit acts I need for this claim (overdraft) i.e. Which CCA regs to rely upon....bareing in mind they have not sent us a default notice or anything else with regard to this claim. Thanks

Right of inspection of a disclosed document 31.3 (1) A party to whom a document has been disclosed has a right to inspect that document except where – (a) the document is no longer in the control of the party who disclosed it; (b) the party disclosing the document has a right or a duty to withhold inspection of it; or © paragraph (2) applies. (Rule 31.8 sets out when a document is in the control of a party) (Rule 31.19 sets out the procedure for claiming a right or duty to withhold inspection) (2) Where a party considers that it would be disproportionate to the issues in the case to permit inspection of documents within a category or class of document disclosed under rule 31.6(b) – (a) he is not required to permit inspection of documents within that category or class; but (b) he must state in his disclosure statement that inspection of those documents will not be permitted on the grounds that to do so would be disproportionate. Am particularly interested in this section.....I am going to put in disclosure statment that seen as scumbags have withheld all information regarding this case to me then I will refuse them the right to get their grubby mitts on my original bank statements....or will i be MADE to show them??

Ok so ive decidied to tackle this one step at a time. firstly, I have all my evidence together in one folder, I just need to itemise this, is that correct?? (i.e. an index for contents) I need to make 2 more copies of the originals, one for me and one for scumbags. I need to post scumbags their copy to get there on last day....also take to court day before deadline.(get a reciept for service) 2 questions..... 1.What do I do if claiment scumbags dont send me anything?? 2.What do I do if scumbags want to see originals?? Thanks again fedup