Ok thanks. I will formulate my statement in the next few days and then run it past you if that's ok. I personally think that all of their evidence is flawed. I'm still intrigued about the apparent "deed" As far as I am aware a deed must be signed and witnessed in order to be a deed, yet there are only 2 signatures, making this a certificate of sale rather than a deed. Also I am not specifically detailed on the deed, neither my account number, and it is a general document to accompany a number of schedules that follow it, of which my schedule is allegedly one. The schedule has no singature or certification of any kind and essentially any details could be added and put with the signed document.

So if there is an error on the NoA that shows it could not have been printed in 2011 then how much of this do I have to inform the claimant of in writing? The court order clearly states that I must submit all witness statements and documents that I will rely on in court and exchange them with the Claimant within the next 2 weeks. No mention of skeleton arguments though.

So I cannot say anything in court that I have not submitted previously? Or can I state on paper that the NoA was never received and then explain the error present on it in court?

Would I need to send a copy of the skeleton argument to the claimant? They did provide: 2 X notice of assignment 1 X deed of assignment (apparently) 1 X CCA I have documents to prove that the address details on the CCA are incorrect that I will need to submit. Can these be added as supplementary evidence with a vague outline that I do not believe the CCA is enforceable? I also do not believe the NoA is genuine either, for reasons I can demonstrate in court.

My case rests largely on taking apart the evidence they have provided. They had until today to provide me with the documents specified in the order. The judge was very clear in the court room that the statement of account must show all transactions and payments, where they went and the details of any accounts that monies came from. This was to be from the start date of the account up to the final balance. This has not been provided. This should be obvious yet they seem to think they have fulfilled what was asked in the order. Is there any need to point this out until we are in the court room? Especially as they clearly state that the evidence speaks for itself and as such the witness will not be attending.

Is the above taken verbatim from somewhere? The claimant has filed papers and their witness statement which is the same as presented previously. How much of what I want to say in court must I put down in the witness statement that is submitted beforehand?

Once my defence was submitted in 2014, accepted by the court and then forwarded to the Claimant, would they have had their DQ attached for them to fill out? Should I have also received a DQ or would I not be sent one until the Claimant has decided how they wish to proceed?

I feel I did not put enough effort into making these points clear. I had written a covering note to the Court Manager in my initial N244 application. this was lost in the Northampton email system for 8 weeks due to a typo in my email header, when I submitted my N244 again to my local court I included another covering letter, this time to the judge, explaining why there had been a delay and also explaining why there was merit in my defence. I did this due to a combination of advice given and so as to be prepared for all eventualities. Once in court I tried to take the opportunity to amend my defence to specify more towards legitimacy of the deed and focus less on the statute barred defence as that was potentially out of the window. This did not go as well as planned and meant that I did not highlight properly the points raised in the statement you provided previously, which although submitted to all parties was not common knowledge until actually spoken in court. The upshot was that the judge ordered the claimant to supply the documents specified above. Failure to supply those documents now is going to be of worse consequence than failing to respond to my request for the same documents. I have learned and understood so much about the process now I have been there and I appreciate the value of outlining valid points in the court room. Anything submitted in evidence but not mentioned will have no bearing. Anything mentioned but not previously submitted will have no bearing and likely cause a lack of favour. I see the game a little clearer now and although I kick myself as I feel with the right words this debacle could have been dismissed already, I am prepared. I am very interested in points relating specifically to the deed. IND have sent their paperwork again in regards to the court order and the "deed' is identical to what I previously submitted in post 190. Pages 6 and 7. Any advice on this would be much appreciated. still have a further week and 2 days to comply with the order but it seems they are presenting that they have complied already. Again, an opinion on the deed would be very valuable at this point. Thanks again for all of the help and support so far.

Can the points about not responding to the DQ still be raised at the full hearing? I have uploaded what they claim to be the deed. Can it be argued as legally valid? The claimant insisted that I did not file a defence and that their reply was to a letter that I submitted detailing my defence rather than the defence itself. Even though they clearly received it all from the court.

Judgement was set aside but I was not awarded costs. Judge found it acceptable for the claimant to request the stay be lifted after nearly four years. She was unimpressed with their reasoning for why they stayed and why they requested judgement when they had already replied to the defence. Judge was not overly impressed with my claim that the DoA was not a deed. Claimant has been ordered to provide: Full deed of assignment Full statement of account Reconstituted CCA Notices of assignment Within 2 weeks By 6th December both parties are to provide all documents that they will rely on to each other and the court ready for the hearing which will be set at the next available date.

Should I have included a copy of their application for judgement in default with my N244 or will the judge have access to that? It proves their abuse of process without me highlighting it.

In accordance with CPR 13.3(1)(a) the defendant must demonstrate that there is a real prospect of successfully defending the claim for the judgement to be set aside. They claim I have no prospect of winning and therefore the judgement should remain. An amended defence could rectify this. It feels they are doing everything they can to deny me the opportunity to defend against their claim and instead forcing their judgement through. I only hope that a judge can see it for what it is.

The N244 request was lost in the email system in Northampton as I made a typo in the email header. It was neither processed or returned. As a result IND proceeded to enforce at my local court and I was given a summons for 14th November. I queried Northampton as it had been 8 weeks since my application. They told me I must deal with my local court now. I contacted the court and re-sent the N244. I received notice of the hearing last week with the date of 6th November. There is still a hearing scheduled for the 14th to assess means by which I can pay. The hearing for set aside has been fast tracked in front of this hearing. IND will have been informed last week, as I was, and this is their response. It is however, the first time I have been privy to a witness statement is support of their defence. The whole thing has been a debacle as far as IND and Northampton are concerned but now the decision on how the claim proceeds is in the hands of the judge at my local court. I have very limited time to prepare everything. It must have been the decision of the judge to place this hearing for set aside so soon. What bearing this makes on things I do not know. I just want to be in the strongest position possible on Tuesday.

No. The WS was sent to me through the post along with photocopies of the documents they are relying on for their defence.

OK. I do not have a witness statement accompanying my defence as I have not had an opportunity to present one at a hearing. With regards to statute barred it is a my word against their word situation. In light of this the judge could side with them over it, weakening my defence. For Judgement to be set aside I must demonstrate that I have a reasonable chance of successfully defending the claim. With the addition of new evidence from the claimant at such a late stage while the claim is stayed and then the claim moving from stayed to a CCJ being issued amending my defence should be a reasonable request no? Personally I see the way that IND have managed the claim to be an abuse of process from beginning to end and it be just cause for the judge to dismiss the claim. I just want to make sure that I am in the most powerful position possible on Tuesday. So does any part of that witness statement constitute notice of intention to rely on hearsay evidence?

It all suddenly came together very fast. I was given a hearing date of Tuesday 6th! This coming Tuesday for my set aside. Yesterday I received this witness statement from IND claiming my defence has no merit. They also claim to include a deed of assignment but the document is not titled as a deed and my name does not appear on the signed document, instead appearing on a schedule on the following page. The schedule is not signed or certified in any way. They have also included the reconstituted CCA with the same errors as before. They offer no real explanation for the 3 year and 7 month stay of the court. They also included photocopies of the alleged notices of assignment from both them and Lloyds as well as a copy of their "Last letter before legal proceedings" all of which I was not previously in receipt of though they claim they were sent. I have already justified through my application why the judgement has been made in error as the was no default of a defence. IND confirm this but now claim my defence has no merit and that the judgement should remain. It is a 30 minute hearing. Their witness statement doesn't directly reference the fact they they claimed I had not submitted a defence and claim it as an oversight. The witness statement is by the same person who authored the previous witness statement where they claim an administrative error for not filing for judgement in 2014. It is obvious that they failed to file in 2014 due to not having any evidence. -abuse of process This is because the claim was issued without any evidence of copies of any agreements required. -abuse of process They failed to reply to a CCA request for 3 and a half years. The one provided has no signature and is a agreement from 2000, also address details are provably incorrect. They provided a statement of account showing payments within the 6 year period for limitations though this account has no identifiable numbers or information at all that links it to me. The default date that is repeatedly referred to falls outside of the 6 years. They ordered to lift the stay and enter judgement in default of a defence yet there was no default - abuse of process. They claim to provide a copy of the deed but what they have provided is not a deed. I think I need to request to amend my defence and am in the process of putting that together as I need to demonstrate that I have a reasonable chance of success and at present they can potentially over rule my statute barred point with their statement even though the default date referred to is more 6 years before the claim. I want to put that at strict proof of providing any agreement between them and me. Any agreement between the original creditor, themselves and me. A copy of the true deed of assignment. Any ideas on anything else I can use? The first paragraph states that they will rely on hearsay evidence. Something I can use here? WS .pdf

I have sent the application and received acknowledgement. In the acknowledgement it states that if my claim requires the attention of a district judge that this may take between 4-8 weeks for an order to be made. In the meantime IND have sent a request for me to give account details for payment due to the Judgement being made and want this returned by 3rd September. I am concerned that they may attempt recovery action if I do not reply. Should I write to them now or just wait to see what action the Judge decides to take. The address is my parent's address and I do not want to cause them stress by enforcement officers visiting while I am not there.

This is what I have done. I ticked the boxes for witness statement and for evidence listed below. Point 3 explains the previous witness statement, which is included. Thanks again for all of your help Andy. This whole business is causing rather a lot of stress within my household so I just want to make sure that I deal with this as best as I can. Once this is sent and paid for tomorrow, hopefully I can breathe for a while as I await the result.

I was informed that they attempted to have a judgement made earlier in July of this year and it was refused. I can get the exact date from CCBC over the phone tomorrow. They were not referring to an attempt made in 2014, but I will double check this. You say I am making too many points. Should I edit or remove some of points 1-3. I felt that the information within was valid and relevant. The second paragraph of the first point is explaining why my application is essentially being entered late. I'd this is not necessary I can remove it but CCBC told me that the court are unaware of my correspondence over the phone. I would not like my application to be dismissed on the grounds of it being submitted too late.

4) I was informed by CCBC over the telephone that a previous attempt was made by the claimant to have the stay lifted and judgement entered was made and was declined, presumably due to there being a defence on record. If this is true then the circumstances at the time of the judgement made on 07/08/2018 remain the same and as such the application should have also been declined. Are these 4 points, along with the included documents mentioned sufficient for me to submit this form? Do I have to pay the fee first or shall I email the form over and pay the fee tomorrow? Something that is bugging me here. The letter sent to me on 24th April 2018 was an attempt at a point by point rebuttal of my defence. I was not asked to respond to this letter but I'm wondering if this letter was presented to the judge and used to dismiss my defence and allow them to proceed to judgement in default of a defence. The subsequent paperwork claiming I did not file a defence do not sound like this is the case but as I do not know what was stated by IND in their claim for judgement I do know if this could have been the case. Is this a possibility or would I have been asked to make a new defence in response to their reply or more likely I would have been asked to attend a hearing where I could update my defence and have an opportunity to rebut the points that they made?

I was also informed over the phone that a previous attempt to enter judgement was made by IND and was declined, presumably due to there being a defence on record. Should I include this in my evidence too?

This is what I have put for box 10. Do you think it is ok? Could I add anything else? 1) The defendant aknowledged service and submitted a defence on 07/10/2014. This was subsequently filed on 08/10/2014. This has been confirmed over the telephone by CCBC on 17/07/2018 and further confirmed through corresponance over the telephone on 09/08/2018 and 21/08/2018. Advisors at CCBC could not explain why the order for judgement in default of a defence was able to be attained when a defence was clearly visible on file and initially requested that the matter be investigated internally but subsequently responded to me on 21/08/2018 via email informing me that I must apply via this current process if I feel the judgement was entered incorrectly. 2) The claimant made contact by letter, dated 24/04/2018, making reference to the defence that was submitted, therefore proving that the claimant was issued with a copy of the defence. A copy of this letter is included. 3) A statement in response to the claimants application dated 12/07/2018 without hearing was submitted to Northampton CCBC which was totally disregarded. The request within was that judgment cannot be entered in default of a defence. A copy of this staement is included.

There is too much information to fit in box 3 on the form. Also the information gets pushed to the top of the box after it's entered. It looks very untidy.

and the draft order. Do I print this on a separate sheet?

The application notice by IND was made in my local court but the judgement was made in Northampton. Which court do put on my N244?