I think I should put some kind of mention about my belief that it Satute barred but how can I put in without admitting guilt ?

I suppose I can use the same statement as I did in my defence i.e. like the one you wrote for the N244, it has a line about fees but as the claim is for less than £1500 does this apply ?

UPDATE I've now received an "Allocation Questionnaire" (small claims track) to be sent to my local court by the 5th of December, but still no Credit agreement from Fairfax Solicitors ???????

I've added a line in about how the claimants solicitors have the wrong amount in all their letters

Here is my defence........ I am unable to plead as the claimant has failed to comply with my request for documents mentioned in the claim. I issued a CPR 31 request to the claimant’s solicitor on 29/10/2011, giving them seven days to provide the documents mentioned in the particulars of claim (see attached letter). I then received a response from the claimant’s solicitor on 02/112011 stating that no documents would be provided before I entered a defence (see attached letter). I wrote back to the claimant’s solicitor on 05/11/2011 making clear that I expected them to comply with my valid CPR request (see attached letter) and stating I would contact them by telephone on the 07/11/2011. I rang them on the morning of the 07/11/2011 I told them I was seeking an extension of time under CPR 15.5 to allow them to comply with my CPR 31.14 and CPR 31.15 request and for me to inspect the documents and form my defence and was told that the case would be put on hold until they could get copies of all the documents that they're claim is based on. The claimant’s solicitor replied on 07/11/2011 with what can only be described as a vague letter. (see attached letter). I find this unacceptable. I ask that the court order disclosure of the documents that this claim is based on so I can know what I'm defending myself against or strike out the claim

This kind of puts a spanner in the works due to lack of funds, any other options ? Oh well looks like a negative defence is the only way mentioning the fact that I requested the documents under CPR 31.14 and they refused

Do I have to send payment to the court to file the N244 ? And if so how do I pay ?

duplicate post

Should I hand write the statement in the evidence box or will it be ok to print it and say "Please see statement" in the evidence box. I want to get it right, plus I have a broken hand and it hurts to right.

Thanks Donkey I've edited it and I'm going to send it with the N244and all the copies of the letters recorded special delivery tomorrow.

Having read the pt.legal compilation pdf I think N244 is the way forward and I quote. " 1) an order compelling the Claimant to disclose the requested documents 2) an extension of time not less than 28 days from the date of the order for filing your defence. 3) costs occasioned by the Claimants failings to disclose pursuant to CPR 31.14 and 31.15. Looks to be the right thing. Any help with wording appriciated

Rang the court they said fairfax have tried to get a default judgement and I need to get my defence in and there is no stay on the case. So Fairfax are lying to me. I f my defence is due next week can I send the court a copy of the letter that Fairfax sent me for more time, or do I do a negative defence with copies of all letters as evidence or can I file a N244 even though my defence is due ?

Could I ring the court to see if the information I've been given is correct ? I think the N244 is the only route I can take.

Found at the bottom of the letter Fairfax Solicitors Limited Fairfax House Merrion Street Leeds LS2 8BX

Yes is this their response, no idea they are representing Arrow Global. Deadline day 15th November

New letter arrived here is what has been written. "Further to our telephone conversation today, we confirm thst this matter will be placed on hold until we have provided you with documents you requested in your letter dated 29th October 2011 and you have had reasonable opportunity to respond" Thoughts ? Thanks

Thanks again, if I do not receive the letter I will let you guys know on here and with your help I think I may have to go down the N244 route for extension of time and a disclosure of documents, I presume getting the N244 to them just before the deadline will be OK . My take on all of this seems to be that they have put the claim against me with no real evidence hoping I would admit the claim thus them not having to show any proof of the claim, but as I'm defending they are now stalling to get a default judgement rather than reveal their hand (7 & 2 worst hand in poker).

Thanks again, if I do not receive the letter I will let you guys know on here and with your help I think I may have to go down the N244 route for extension of time and a disclosure of documents, I presume getting the N244 to them just before the deadline will be OK . My take on all of this seems to be that they have put the claim against me with no real evidence hoping I would admit the claim thus them not having to show any proof of the claim, but as I'm defending they are now stalling to get a default judgement rather than reveal their hand (7 & 2 worse hand in poker).

Dead line is Tuesday next week 15th (I think) service day was 18th October so add 28 days. Negative Defence ?

I'll allow 2 days for the letter stating the extension, then I'm low on time so then what ?

The plot thickens after speaking to Fairfax regarding an extension of time, they have said it will take them up to 6 weeks to get the items in POC after querying this they said they are not in posseseion of the documents and they will suspend the court claim unitl they have them and then allow me 14 days after that to inspect them and do my defence, they also said I do not need to do anything as the court will not act without their say. I've asked for this in writing so I can inform the Court myself.

I'm glad you noticed their mistake, I faxed the letter you posted regarding it taking 6 weeks to get the docs and I will call them tomorrow. Truth being told I know that they can't have the so called credit agreement they base their claim on because as I've said before this is for an old current account that DID NOT have an overdraft it did in 2002 but that was cancelled in 2003 when I took out a loan. Time will tell, I'll post what they say on the phone tomorrow but I've already got a N244 form ready (but not filled in) in case they will not comply. Thanks to all who have posted Replies it releives the stress caused

surely their charges cannot be £12500 pounds for a small claims court

thanks for your help it is REALLY appreciated, I will fax the above letter to them and call them on monday as you have said. what do you make of the fact that the claim is for £1300 ish including charges but their letter says £13000 ish, my guess that they have a standard letter and have not changed the amount ?

The response.........reply.doc I only have 10 days left without an extension. What about them getting the amount wrong in the letter they sent me, can I use that in my defence to prove they don't know what they're doing ?