Hi all, sorry to trouble you again. Good news is that the CCJ against me has been set aside.... Bad news is that the claimants have until september to re-instate the case if they can find the info iv requested. The Confusing news - the judge refused the claimants request for costs but they said it was a bit unfair that I had not handed in a preliminary defence (which I thought I had - ststing that there was no documentation or proof to support their claim). So.....the judge has given me 3 weeks to hand in a draft/preliminary defence. Problem is the only documents I have from the claimant are those pertaining to the hearing to set aside. Since I never received the POC in the first place I feel like im trying to defend against thin air. I tried to point out that I find this an almost indefensable position as I am unsure to what i am writing a defence to. As far as I can tell I need to do tthe following but am unsure if this is the right thing to do, Any comments or assisstance would be greatkly appreciated. - "Draft order for Directions" ie- all the documents, CCA, Notices/Deeds of assignment/default and of course.....the POC (this is the stickler) -"Draft defence" - this is the most confusing aspect for me. Most defences I have looked at are in response to some POC......which I have never received and so surely I need a copy of that before hand.??? advice pls - "N150 Allocation questionaire" - only seen a couple of examples and not sure if its relevant to this case but from what iv read of them they seem to help clear up confusion and allow for the case to be switched to small claims/fast track. Still new to this but trying my best, lol. My previous threads have been long winded (generally written in a state of stress) so I am trying to be as concise as possible this time. A lot of info on the case can be seen in my previous threads, though they were posted with regards to setting aside the aforesaid CCJ. What I think I understand is that the Judge has asked for the defence i WOULD HAVE made if id been around for the original claim. What I dont understand is how Im supposed to do this when he knows I never received the original POC...?? I have 3 weeks to hand this in, and then the claimants have until september to reinstate the claim. What i dont want to do is give them a defence which tells them everything (without an omission on my part which could get me into trouble) so they can fit a claim around it. What is worrying me is that I only have 3 weeks.......but SAR etc can takke up to 40 days. Iv taken some holiday from work so will be trying to get this sorted in the next week or so. Any advice is welcome. Thanks

Hi all, the story so far....... 2007-2010 i was working out of the country for Disney on Ice (so working generally a week or two in a city or country at a time before moving on.) May 2010 I returned to the UK and looked for job/somewhere to live. April 2011 - received a letter from Arrow Global Ltd stating "......with effect from 5th November 2010 under a written assignment of the debt you owe to FV-1 Inc, has been sold to Arrow Global Ltd " (Typed up in full on post: search cambio1 arrow global). Unaware of any previous court action i treat it as a new claim and requested proof of claim via validation. No reply. Sent two more letters.........no replies. 3rd October 2011 - Order to attend court for questioning arrives. mentions a CCJ i knew nothing about so I write a letter to the court requesting clarification as to what had been happening in my absence. 16th October - hand deliver my letter (no money for postage) and the court refuses delivery stating that i needed to pay £85 to set the judgement aside.(i didnt have money for this and could not understand why i should have to pay anything when i hadnt done anything wrong and was merely trying to find out what had been happening.) Around this time I also called the court and requested two things: 1 - a copy of the claim form, and, 2 - a copy of the judgement. I have received neither. i was sent a claim/judgement `spec only` form , which.... Novemeber 2011, sought legal counsel who informed me that even if i was their client they could not do anything with the `spec only` form. Also advised me to apply to set aside ASAP. December 31st - received the witness statement from the claimants solicitor (confusion.....i was under the impression that a solicitor could not be a witness) which left me new yrs eve, new yrs day, and the Mon and Tues to review everything (baring in mind i was working all four days) before the hearing on the Wednesday 4th January. This is where it got interesting, and any help would be appreciated: Wed 4th January- My app to set aside was based upon the following: -I did not receive the notice prior to court action (sent to my old address) -I did not receive the particulars of Claim (sent to my Grandmothers address, used as a c/o add whilst i was away working) -I could not have acknowledged the claim or filed a defence as i was out of the country and hence out of the jurisdiction -i feel (but have not yet stated this in the hearing)that there is some degree of excusable neglect on my part. Excusable neglect : A failure - which the law will excuse - to take some proper step at the proper time (esp. in neglecting to answer a lawsuit) not because of the parties own carelessness, inattention, or willfull disregard of the courts process, but because of some unexpected or unavoidable hinderance or accident because of reliance on the care and vigilence of the party`s counsel or on a promise made by the adverse party -I would argue that since becoming aware of the matter i have taken great care and attention as to avail myself of proper procedure and due process (even if the court doesnt seem too interested in such things) and to do everything in my power to gain clarification and remedy this matter. -the claimant argued that the court should dismiss my app to set aside based on Nelson and another Vs Clearsprings management ltd. In This case the def`s app to set aside was dismissed on the grounds that the def had no defence. -I argued that in Fairway Vs Palmer [2006] the app to set aside was allowed bcos the def was out of the jurisdiction -Judge called a recess to look into it. -When we re-entered the court [in chambers] the judge then offered an argument for the prosecution, namely the case `City and Country properties Vs Kamali`, stating that in this instance the app to set aside was dismissed even though the def was out of the jurisdiction.Is it just me or was this an example of prejudice and Bias since the judge (referee) was offering arguments for the prosecution. (i think it worth pointing out that the judge knew this was my first ever court appearence and i was up against someone who had been a solicitor for some time). Would it be worth putting the judge on his Oath at the next hearing??? anyone have a suggestion on this. -As i was voicing my objection to this action of the judge, he interjected stating that he was going to use the discretionary power of the court to file a "Motion for Discovery" and request the claimants to produce the "credit(s) agreement(s)" mentioned in the `spec only` form. - He gave them 12 days (+2 for delivery) to fulfill this request and at the time of writing i am still waiting. -So, hes stating that the claimants acted correctly and is allowing the serving of the Doc`s even though i was out of the jurisdiction. (the claimants admit as much in their witness statement when they asserted that i was living with my mother in spain......in which case why didnt they follow CPR with regards to serving out of the jurisdiction) -After i receive these doc`s i have 2 weeks to file a witness statement and then another hearing will be scheduled. I am aware that i can request various items under the Consumer Credit Act 1974, including proof of loss, invoices, statement of account etc. Could I still send this request or would it not be advisable to do so since the Judge has already filed a motion for discovery? I am considering sending a letter to Northampton CCBC requesting clarification of a few matters. I have heard there are no hearing rooms or judges at the bulk disharge centre. As such it seems hard to imagine how due process/CPR could be followed. There have been rumours of "fraudulant deception" taking place. Not wishing to succomb to hearsay but wishing to ensure my rights to due process, i would like answers to those questions. Additionally I would really like to see a full copy of the judgement that was made, so i can see which judge was presiding and what evidence was presented (bcos i dont believe there was any). Do I have a right to see a full copy of the judgement? Do I have a right to ensure that any judgement passed was done lawfully? Also im a little worried about escalating costs (i earn under £8000 a year). I have been told that as a litigant in person i can claim upto £9.25 an hour but i am unsure how to go about putting in a counterclaim/claim for costs. How do i prove how many hours iv put into this? What costs can I be reimbursed for? legal counsel? My time iv spent researching legislation? Any advice would be greatly appreciated as i feel, in essence that iv got a lot to base a defence upon.....just not entirely sure how to apply what iv learned. Iv been going throught the Bills and Exchange act trying to find which part is relevant with respect to "once a debt is paid said debt is extinguished" which i hear a lot, but would like to find where it says that in the Act. Also i know the limitation Act of 1980 may apply. How can I find out if this company are trying to enforce a statute barred debt? Iv got about 2 weeks till the next hearing and need to submit my paperwork including a preliminary defence in the meantime. Any help would be greatly appreciated.