Thanks for your reply supasnooper. Ive attached a copy of the amended defence, hopefully rci will finally get their act together. In the xxxxxx County Court Case No xxxxxxxxxx Between: RCI Financial (Claimant) V (Defendant) Amended Defence I, xxxxxxxxxxxxxxxxxxxxxxxx make this statement as my amended defence to the claim brought about by RCI Financial Ltd. Particulars of the original claim have still not been disclosed to the defendant and the correspondence received to date from the claimant is incredibly vague despite CPR 31.14 request. The Claimants submitted letter dated xxxxxx to the court confirms a recalculated figure of xxxxx for excess mileage, as proof of the suggested mileage was not attached I am at a loss to advise further. The Claimant has also failed to stipulate if the recalculated figure is an amended settlement. It is my opinion that the claimant is trying to frustrate matters in refusing to disclose the documents requested and they have ignored my CPR request for the account completely. It is submitted that the claimant taking this course of action places me at a clear disadvantage and there is no apparent reason why the claimant would seek to withhold this documentation from me. I respectfully request the court orders full disclosure of the claimant’s particulars of claim with supporting proof and supply written confirmation of any recalculated settlement figure to the court. I will then be in a position to file a fully particularised defence and respectfully request the courts permission to amend my defence accordingly. I, believe the above statement to be true and factual Signed: xxxxxxxxxx xxxxxxxxxxxx

Any one please

RCI have now complied with all of the courts requirements and the couret have permitted me to file an amended defence. Rci have not supplied a full breakdown of the costs of the original action but have sent details of an amended excess mileage charge. As this is the only tangible figure that i have had from them do i make reference to this in my ameneded defence and settle the claim or do i need to persue any further form filling or processes? Thaks

Anyone?

OK so now i get a letter from the court telling me that unless RCI submit their AQ within a week the claim will be struck off? Does this mean that RCI will have to reissue the claim again or call it a day? also does this mean that my credit history will revert backto normal?

Hi any advice would be appreciated

Ok so now something quite strange has happened. i returned my AQ to the court a couple of days ago and today i received a copy of a letter from RCI (original sent to court) confirming that they have no objections to the set aside. They also attached a photocopy of the original agreement showing the excess mileage charges and confirmed that the total amount owing following "re-calculation" is significantly lower than the original judgement amount ( 2/3 lower)Now i'm thinking that either they were attempting to fleece me and have now realised that they are dealing with someone who knows what they are doing legally(thank you caggers) or they have made a massive error? Now the new amount required seems justified, do i let the court know of my intentions to settle and pay RCI the amount or do i await contact from the court?

Recieved my AQ today anf have a couple of weeks to return it. Still no word from RCI. I'm a bit concerned about any fees, i have already paid £75 to have the ruling set aside and the AQ makes reference to fees payable? Also on the "other information" should i just list the amount of requests that i have sent to RCI for the POC and their lack of response/acknowledgment? Thanks

Hello again - any advice on my defence in addition to that of Robinway would be appreciated. Thanks

Hi and thanks for all of your replies. I have a N9B form for my defence, should i attach a letter detailing my efforts to obtain POC from RCI? Should i keep it brief or use the original defence that i posted and just omit the embarresed part? I'm concerned about requesting the details of the POC directly from the court as Robinway suggests for two reasons, firstly postal strikes will cut it fine for submitting the defence and secondly too much information in my hands is dangerous lol. I understand from supasnoopers post that i could request these on the AQ after i submit my defence? (please feel free to correct me if i'm wrong)

I have attached a copy of the embarrassed defence that i shall be submitting to my local court in my defence. If anyone has read my thread i hope that they may agree that i am stumbling through the dark with my actions and can only hope that my ham fisted actions will not make my situation worse. The upshot is i discovered by accident a ccj that i knew nothing about, i had it set aside, i sent of 3 letters and a SAR and a CPR31.14 to RCI as no details of the claim had ever been seen by me or recived. No response to the letters so an AOS was sent to the court and now i need to submit my defence. No default on credit agreement and the only thing it can be is excess mileage at time of retruning my car at the end of the agreement, but the car was returned 14 months before the ccj was issued and i moved address 4 months after the car was returned. If anybody can offer any guidance or advice or even words of encouragement i would be truly grateful. In the Watford County Court Case No Between: RCI Financial Ltd V xxxxxxxxxxxxx Defence I, xxxxxxxxxxxxx of xxxxxxxxxxxxxxxxxxx make this statement as my defence to the claim brought by RCI Financial Ltd 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 Without clarification of the claimants claim, the defendant is extremely disadvantaged and the claimants claim appears without merit, the defendant asks to be allowed to submit a fully particularised defence should the claimant provide copies of the original documents he will rely upon. Further to that above 4 paragraphs, the defendant is unable to plead effectively or at all. The defendant is embarrassed. I, believe the above statement to be true and factual Signed: xxxxxxxxxxxxxxx Dated 16th October 2009

Still no word from RCI!, they now have a SAR and CPR 31.14 received from me and the deadlines ae imminent. I will need to submit an embarrassed defence (i think) as i have no details/paperwork relating to the CCJ. Could somebody advise if this is the case and also provide some guidance on it's wording. Any help appreciated. Thanks

ok, so i've posted off the acknowledgement of service today as well as the cpr 31.14. fingers crossed that what i'm doing is correct!!!!

Is anybody available to give any advice, thanks

Hi supasnooper thanks for the prompt reply. Are the first 2 paragraphs giving too much info to rci? Also am i right in thinking that i return my acknowledgement of service, get the cpr31.14 off as soon as poss and if no reply from rci within the 7 days file my defence at the court. Thanks