Homelessness, Debt & Court Action after 14 days...

[pt2537]

Had a 2nd reading - it's starting to make more sense!

 

I assume the 1st line "I, LL of xxxxxxxx" = town where living? yeah

 

The numbering seems a bit haywire. is this cos you've C&P from elsewhere and i should re-number appropriately? Sorry if this seems rhetorical - there might be method behind the madness for all I know!

 

there is, the numbering i assume you are referencing to is the indented numbers ,such as point 24 the next number "28" is the paragraph reference from the Actual court judgment so please DONT RENUMBER anything unless you remove a paragraph which is not relevent

 

the reason i have included the case para numbers is to assist the judge when he reads it to find the quoted materials

 

 

point 6 Stat request

states "proof of delivery". Not available except that their eventual reply means they received it! ok well amend to reflect it

 

At point 10 I have added the date to make it clearer and point out that it took exactly FOUR MONTHS to send this useless piece of paper! Cool

 

I think that's the lot! Let's hope it works and I can settle the blasted thing in a civil manner...

 

Thanks very much Paul. Sleep tight!!

 

i hope this helps explain the numbering issues

[pt2537]

the CPR letter sent when the claim was recieved for point 15

[lottery-loser]

Thanks Paul - I thought perhaps the non=sequential numbers were part of the "quote" but as they don't show up as indented on here it looks confusing. I'll try and make it as clear as possible (esp as from the threads on here i gather courts/judges don't read things...)

 

I received today a letter from ct saying I have to send a N224 back and complete an application for waiving fee to change jurisdiction but it also says I have said that this shouldn't be dealt with by cty ct (????????)

 

 

Where it asks for evidence on N224 is that my defence statement?

[pt2537]

Erm what have you filed exactley when acknowledging service?

 

you should only state an intention to defend all or part of the claim

 

the only other alternative is to admit the claim.

 

you should not contest the jurisdiction of the court as the court does have the authority to hear this case.

 

i am truly confused as to what has happened here

[lottery-loser]

sorry - i should've said that when I C&P the statement into Word the formatting was lost and that was what made the numbering weird!

[lottery-loser]

Oh dear... I thought that "jurisdiction" meant the geographical area of the court (ie similar to the way laws are only valid in eg England or Scotland or another country etc) so I thought that was the way you got the case moved to your local court...

[lottery-loser]

Paul, in addition to the above...

As I am submitting the defence as per above, is the correct thing to do to say that I refute the entire claim. I just find all this really odd, and I know that legal-speak bears little relation to what the layperson understands or to what the dictionary says! It just seems peculiar, though maybe in the corridors of law, fine, to say on the 1 hand that I refute the entire claim and on the other make an offer of payment. Incidentally, DO i make an offer of payment on the form to return to the court, or leave it blank as i am defending the claim. CONFUSED!!!

[tomterm8]

if you are going to dispute the entire claim, then you should not be filling out the offer on the form, WHICH IS ONLY FOR IF YOU ACCEPT YOU OWE THE MONEY.

 

Really, I haven't read through the entire thread, but being frank about it I'm wondering if you have really researched enough... what basis do you have to dispute the debt?

 

Is it inaccurate, is the credit agreement invalid, etc?

 

Ultimatly, while people are willing to offer help, this is a self-help site and you need to ask yourself if you are capable of bringing this to court on your own. At the moment, i think you need to go to the legal issue forum and read at least 10 threads, to see how other people have run similar cases.

[lottery-loser]

Actually I've done all that and if you look at the previous page you will see what has been written by Paul as my defence - he says there are v gd grounds. It's all very well to say I should help myself - I AM!!!!! but what seems to me as an uninitiated layperson, albeit educated and articulate, to be logical, clearly is not! The other relevant threads I have read do not give info on such minutiae.

[lottery-loser]

PS

Tom, if you had read the previous page/s you would have seen what the payment offer is - IT IS NOT THE ONE ON THE COURT FORM BUT A F&F OFFER!!!!

[tomterm8]

Can you explain the defence line by line? I have to disagree with you, the law is VERY logical, and things generally mean exactly what they say.

 

Have you sent the acknowledgement of service off?

 

If you are defending all of the claim, you tick the box saying I defend all of the claim. you don't offer them any money. You don't sign anything at this point... you haven't signed any docs you sent to them, have you?

[lottery-loser]

Yes, the law is logical but the terminology is not always the same as in everyday usage as I have learned to my cost in the past.

 

 

Of course I have sent the acknowlegement of service off - i am perfectly capable of working out how many days "14" are from the date of service. I am just repeating myself here and what i have already discussed with Paul.

[lottery-loser]

bump

[pt2537]

ok well, i am confused with what you have been sent an N224? can i ask exactley what did you put on the N9? i have this horrible feeling that this may be a headache which will require speaking to the court to resolve,

 

the best thing you can do, is call the court first thing in the morning and explain what happened and send the defence off to the court where the documents have to be sent.

 

i must admit its quite confusing as i have never heard of forms N224 being sent out at the acknowledgement stage

[lottery-loser]

Paul, It's ok now. I know I don't need to complete the N224. My spiffing defence is all ready to go tomorrow (last poss day for sending!)

 

I am concerned though, by 1 thing that Tom... said - that I shouldn't be making any offers to them (ie the F&F offer that i mentioned to you previously. What's your opinion? I hoped that that would encourage them to stop ct action by sending the Without Prej. letter, but do YOU think it will throw a spanner in my defence?

[lottery-loser]

Thanks paul,

 

Our posts crossed just then!

 

The court wrote a letter as i think they realised my mistake! (I'm obviously not the 1st to make it!!) THey said I only needed to compelte the N224 if i still want to contest jurisdiction, which I don't, so i can ignore it!

 

Thanks for your help.

[pt2537]

Paul, It's ok now. I know I don't need to complete the N224. My spiffing defence is all ready to go tomorrow (last poss day for sending!)

 

I am concerned though, by 1 thing that Tom... said - that I shouldn't be making any offers to them (ie the F&F offer that i mentioned to you previously. What's your opinion? I hoped that that would encourage them to stop ct action by sending the Without Prej. letter, but do YOU think it will throw a spanner in my defence?

 

Hi there,

 

well, Tom is a very very knowledgeable guy and i think his concerns from the brief look that he had at the thread were that you were going to admit the debt, i can see where hes coming from

 

to be honest until they supply you any of the docs you requested i would hang fire on making any offers

[lottery-loser]

OK - will do! I wonder what the next instalment will be!!!

 

Thank you again.

[lottery-loser]

It's very difficult now to keep up with here as we are in temporary accommodation and have to use the library internet, which is constantly down or pre-booked!

 

Latest news is that I have heard NADA from Restons (surprise, surprise) but the court wrote to say they have 28 days to respond to my defence and if they don't comply, it will be stayed. So i'm still in limbo 8-) ...

[lottery-loser]

Dear Pete

 

Back again!

 

Update:

Restons have neither responded to the court in answer to my defence (the 28 days were up a few weeks ago now).

 

However, despite Northampton's letter saying that if they didn't respond within 28 days the case would be stayed or dismissed I have received a form for the case to be transferred to my local ct.

 

Surprised by this, I went to the ct to ask why the case hadn't been stayed/dismissed and they said they knew nothing about such letters as the one NCC had sent me but they just sent out these forms for cases to be allocated.

 

I then rang NCC to ask why this was happening and they said they didn't know as they no longer had my file. I shall take their letter to my local ct to show them what was said but I do not know what to do with this form which has to be back VERY SOON!

 

I went to a CAB who were so appalling I will NEVER go there again. Judgemental wasn't the word, useless was the understatement of the C. I was so upset for the whole of the day at their treatment of me that I couldn't eat, concentrate or discuss anything rationally...

 

Please can somebody tell me what SHOULD be happening now?

1) defence in at ct abt 8 weeks ago

2) no CCA from Restons

3) no response from " to my defence

4) NCC said should be stayed/dismissed 3-5 weeks ago

5) local ct wants hearing

6) In a month or so I am leaving the area for good

[pt2537]

well, i think the matter should be taken up with your local court, the thing to do is write to the court pointing out the facts and ask for clarification as to what is happening

 

with regards to point 6, i would advise not leaving the area without having this matter disposed of, highlight this to the court that you are waiting to know what is happening

 

as for Pete? whose that? if you mean me, then my names paul;)

[lottery-loser]

Dear Paul

 

SO sorry to get your name wrong!! I just remembered the PT bit and extrapolated!!

 

I will take this up again with local ct but re pt6 I don;t have any choice as I have said all along that I'm homeless and will have nowhere to stay here!

 

Thanks for your reply despite being called Pete!!!

[pt2537]

Hi there

 

No worries, you wanna hear some of the stuff i get called:eek:

 

i think the main thing is that you keep the court updated as to your situation and if you move, then you should ask for the case to be moved to your new area

 

do everything in writing even if you phone the court follow it up with a letter

 

regards

paul