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Everything posted by PCoombes100

  1. Thanks Silverfox and Ericsbrother. Have just got home from work and double checked the letter, they do actually reference NGP?! Am now unsure if the idiot security guard didn't know or was trying to throw me off the scent earlier as when I mentioned NCP he got quite flustered? As it stands, I don't know whether to drop a line to the park manager tomorrow and discuss the case, without disclosing any info, see if she wants to get it dropped or me to report to MoJ and the local press? Thanks again for all advice, it is awful knowing these people exist and operate in this immoral and illegal manner.
  2. Received a letter from Drydens today stating their client was discontinuing the claim against me, I'm over the moon and want to thank everyone again for their help, special thanks to Andy most of all.
  3. Great news July!! I was only thinking about your case the other day and how you were doing. You'll sleep better tonight
  4. Thank dx, I'd be grateful if you could link to the specific threads you mention or which area I'd find them Thanks again Ps Pat?
  5. Hi dx Isn't that admitting that I owe the money and kind of going back on everything I've stated as a defence up to this point? Thanks
  6. Hi all Having looked through the forms and these forums for input, I'm unsure if I should state that I do not agree the case should be passed to small claims court, go for mediation (in the hope they'll settle/stop pursuing), or pursue any other avenue? Any input would be great and appreciated as always.
  7. Thanks Ganymede I only had a very brief scan of it during my lunch break so will go through it on my detail tonight. Really appreciate your help.
  8. Okay, today I received a letter from the court stating: "It appears this case is suitable for allocation to the small claims track. It you believe this is not the appropriate track, you must complete box C1 on the Small Claims Form (N180) and explain why." Could anyone please advise on the next step with this? I'm reluctant to go through small claims as I feel any debt is SB, however it seems the court don't think so? Thanks in advance to all.
  9. The court didn't tell me I needed to send 3 copies either, hence the advice!! Yep, send 3 copies of everything. The court will keep a copy, you will have a stamped copy returned (effectively a receipt), the last one will be sent to the claimant by the court.
  10. Hi July, It seems okay to me from what you've posted, although I'm sure when it is received by the court there will be a response from the claimant, but at least then you will be able to have a more structured response to their comments. Remember that you need to provide a copy of the N244 form for the court, the claimant and yourself. I only did 1 copy the first time and it was returned to me!! Good luck and keep all news posted on here.
  11. Sounds like a plan. I think the onus of proof is on the claimant, however if you can prove you didn't make payment then it strengthens your case
  12. Ps, I know how stressful this can be, but you are dealing with it and need to look after yourself.
  13. Done, first class and recorded. Fingers crossed the reply will put an end to the matter. Thanks again for all help and input, I will post when I have a response.
  14. I would add that to point 1, about you not making payments and that you can back up your claim via bank statements (if you can). Some more experienced forum members may need to advise you on the rules around if they had attempted contact at your current address/last known address Have you/had you moved much since 2007?
  15. Hi July, I think maybe add to point 1 as to why you think it is statute barred in order to emphasise your point. Have they provided and proof of contact or attempts to context you?
  16. Much better, I have amended and will send recorded today to the court. Do I need to send a copy to Crapquest and Drydens, or just Drydens? Thanks again Andy, there is light at the end of the tunnel
  17. Thanks Andy What about: CONCLUSION 24 – As the court has set aside the judgment, I politely request that the court enforce the Statute Barred rule that prevents a party pursuing a debt after a period of 6 years, under the Limitation Act 1980. ???
  18. Hi All (but mostly Andy!!) I would really appreciate your advice on the following to be submitted as my defence: Claimant xxxxxx v Defendant xxxxxxx County Court xxxxxxxxx Claim number xxxxxxxxxx DEFENCE I, Pxxxxx, of Vxxxxxxxx, , will say as follows: In response to the claimant’s witness statement, and subsequent decision of District Judge xxxxxxx to set aside the judgment at County Court at a hearing on 19th May 2015, I submit the following defence, and respectfully request the court to consider all points when making its decision: BACKGROUND & OVERVIEW 4 – The claimant states that they bought ownership of a debt from Egg PLC relating to a credit card. The claimant has not provided an original Consumer Credit Agreement, in disregard of my request for this information under the Consumer Credit Act 1974, section 78. 5 – The claimant states that the alleged account defaulted on 1 July 2005. I put the claimant to strict proof of the alleged debt, default and any subsequent attempts to retrieve monies by Egg. 6 – The original alleged debt is stated as £3287.60, however, the claimant has filed a CCJ for £5165.02. I request the claimant provide proof of validity and justification as to how an alleged agreement which defaulted in July 2005, can then be entered for judgment over 9 years later with an additional £1877.42 added in costs by the claimant. 7 – The claimant reports that under Point 136 of the Property of Law Act 1925, the alleged debt was legally assigned to them. As per the claimant’s evidence, the first letter was sent by Egg to an address at 26 Dxxxxxx on 11th October 2006 with a second letter sent by Capquest to the 200 Cxxxxxxxx on 17th October 2006. I state that the alleged debt had not been legally and correctly assigned to the claimant as the claimant has not endeavoured to locate my current correct address at the time, as per Civil Procedure Rules 6.9 (3). 8 – The claimant alleges payments were made towards the alleged debt and that they provide proof via a computer typed statement. I put the claimant to strict proof (via account details, card number, direct debit mandate etc.), as to how these alleged payments were obtained in order to prove they were obtained lawfully. I am not aware of ever entering into an arrangement with the claimant, and if it is proven that payments were taken from me without my knowledge or authorisation, and if the alleged debt was proved to be not legally assigned to the claimant, this is liable to further investigation by the Financial Conduct Authority and a potential counter claim against the claimant. PRESENT PROCEEDINGS 9 – As stated in Paragraph 7, the claimant had not made sufficient attempt to ascertain my current address prior to starting proceedings. As per my N244 form presented to the court, I have been living at 50 Vxxxxxxxx address, and on the electoral register since February 2014. It is my claim that the claimant could have accessed this readily available information, prior to contacting the courts to start proceedings. 10 – The claimant offers letters as evidence of proof of contact. The first letter is dated nearly 4 months after I moved out of 120 Jxxxxxxxxx. If as the claimant suggests, these letters were sent without reply or return, then it is right to assume that the claimant has not followed Civil Procedure Rules 6.9 (3) (for service of documents), and that by serving papers at this address was an abuse of process, and a way to circumvent proper court procedure in obtaining judgment. 11 – As per the previous points, it is right and fair to state that the claimant had not taken reasonable steps to obtain my correct and current address in order to start proceedings. 12 – The claimant states that Judgment in Default was entered on 11 September 2014 due to lack of response. Due to the points stated above, I state that the claimant had not followed correct procedure in obtaining the judgment. I request that the claimant provide strict proof of their attempts to obtain my current and correct address. 13 – Claimant states that they proceeded with enforcement of an Attachment of Earnings Order, again, contravening CPR 6.9 (3) that reasonable steps should have been taken to ascertain my current address. I have had no contact regarding the Attachment of Earnings, nor has my employer. By checking this information with my employer (about them being contacted by the claimant), has led to questions about my current state of well-being (physical and psychological) by my employer and caused undue stress at my place of work. CLAIMANT’S RESPONSE 16 – The claimant indicates they received no notice to indicate that the documents had been returned or not delivered to me. Again, as per Civil Procedure Rules 6.9 (3), a simple check of the electoral roll would have indicated the claimant was issuing letters to an incorrect address. If the claimant insists that 120 Jxxxxxx was my last known address, they should indicate how they obtained this address for issuing letters and Attachment of Earnings, as I had no contact with them whilst living there. I state that the claimant has tried to avoid proper court procedure and law in order to obtain a CCJ by deceit. DELAY/ABUSE OF PROCESS 17 – As stated in my completion of form N244, I was made aware of the CCJ in October 2014, yet the claimant argues that 7 months later is too late to set aside a CCJ and an abuse of process. As per my N244 form sent to the court, I have asked for the claimant to provide proof of the alleged debt and their reasons for enforcing the CCJ. As stated, they had not responded to my request for information, and only provided this to the court when an application to set aside had been made. It is my counter claim that the claimant had withheld providing me with the requested information in order to delay the process in the hope that their claim be upheld. 18 – The claimant states it would prejudice the claimant for the judgment to be set aside, however, by not complying with Civil Procedure Rules, nor my request for information, there is no substantiating this claim of prejudice. In fact, by not supplying me with the information I requested, has caused severe prejudice against my claim to set aside. 19 – The claimant suggests that by waiting for the claimant to enforce a judgment before having it set aside is an abuse of the court’s procedure by myself. However, I am able to provide a credit report that shows that there was no debt/credit agreement with the claimant, nor did they follow suitable procedure in getting the judgment enforced. It is my claim that it was implausible for me to defend against an alleged debt that I knew nothing of, especially if the claimant was unwilling/unable to provide evidence. SUMMARY 22 – The claimant states that assignment of the alleged debt to the claimant enforces that said debt is now owed to them and repayment has been requested. As previously stated, the alleged debt has not been lawfully assigned to the claimant and the claimant has not pursued the alleged debt through the correct methods, pursuant to Civil Procedure Rule 6.9 (3). 23 – The judgment must be set aside for the following reasons: a) The proceedings and judgment were not served at the correct address. The claimant had no prior contact with me at the address where judgment was served so Civil Procedure Rules were not followed. b) The claimant has been unwilling and/or unable to provide an original credit agreement and information pertaining to the original alleged debt. c) The claimant will suggest that they received payment toward the alleged debt, however, no conclusive proof of this claim of payment has been provided other than a simple, computer generated statement. I put the claimant to strict proof of any alleged payments, including direct debit mandate, account number, sort-code, debit/credit card details etc. It is my statement that I have not knowingly entered into any agreement with the claimant in respect of the alleged debt. According to the claimant, the alleged debt had defaulted in July 2005. Under the Limitation Act 1980, a simple contract may not be pursued after a period of 6 years making any claim statute barred. d) The claimant has abused process by not providing me with requested information in due course which would have strengthened my claim to have the judgment set aside. The claimant has not registered any debt/default against my credit report. CONCLUSION 24 – I respectfully request that the court set aside the judgment as proof of the alleged debt has not been provided, and correct procedures (as per Civil Procedure Rules) have not been followed. Under the Limitation Act 1980, a simple contract may not be pursued after a period of 6 years making any claim statute barred, I request the court enforce the statute barred rule in this case.
  19. I would ask for that info, or at the very least ask them to provide proof as part of your defence.
  20. Hi July, They've provided a statement of (alleged) payments, but nothing to say it was set up from your bank account/card? Am I right in that?
  21. Hi Andy Thanks for your help as always. My particularised defence will be written up this weekend and sent recorded to the court, CQ and DD on Monday.
  22. No problem at all, have PM'd you. Please send me the link so I can keep track on your thread.
  23. Hi July, not sure why the PM didn't work?! I only completed the N244 initially, I then added a detailed witness statement before the hearing. If you are able to do a full WS, then this would probably be better as it will need to be done in any case and used as evidence. Please feel free to post it up to get more advice, although I don't know if it would need to be in a new thread as it is a separate issue and case. Hope that helps, but let me know if there is anything else.
  24. **Update** I today received a letter from Drydens dated May 18th, but actually post marked May 19th (which was the date of the hearing). They also state that the letter was sent by email, but hasn't been. Anyway....... The letter states that We refer to the above matter and enclose, by way of service upon you, our Claimant's statement of costs in readiness for the forthcoming hearing Now, as the letter was posted after the hearing on the 19th, (of which I will keep the letter and envelope to prove), and the judge decided against awarding any costs to other party, what should I do? Should I include it in my form N9b when I submit it to the court? Should I forward it to the court for the judge to review? Should I counter claim? Thanks!!
  25. Hi Andy I didn't ask for costs. Their solicitor did and the judge came down pretty hard on him. As I was so delighted with the result I didn't want to stir things up any more and just wanted to get out!! I have to complete a form N9b. Should I claim costs on that, or just leave it now I have the result? Thanks again for all of your help, I don't know what I would have done without it.
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