So scared and don't knowwhat to do next. Robinson way have issued a CC claim against me

[pt2537]

Hi Amber, you have posted in the wrong forum. this is where the threads go when the cases have been won

 

dont worry though, i iwll move your thread in a minute,

 

can you let us know what their particulars of claim are please? do not include any personal info obviously, but we will need to know what tehy are claiming

 

also, if you can let us know if they have included the account number and if they have, is it correct?

 

Once we have this info we can help further

 

regards

 

paul

[pt2537]

Dont worry about finding the thread

 

you found it after i moved it;) as i moved iot when i made the earlier posting

 

so, is that ALL their claim says?

 

The claimant claims outstanding monies due and payable by the defendant under a credit agreement whereby the defendant agreed to repay with interest the value of the credit obtained.

 

does it say anything else at all?

 

also does it say anything about them claiming interest pursuant to S69 County Courts Act 1984?

[pt2537]

What i typed was all it says in the Particulars of claim box. Then it's signed by Horwich Farrelly as authorised by the claimant.

 

Well, you'll be pleased to hear that their claim is absolutely rubbish, their statement of case fails to comply with the CPR and is something that we can deal with

[pt2537]

Really? Omg!! How's that then? I am reading the right bit arn't? Is the particulars of claim box the only bit where stuff is written, because i have looked through all the other pages that come with it and it's just stuff about responding and acknowledgment etc.

 

Now then, just to put your mind at rest,

 

was the claim issued in the Northampton County Court? it should tell you this in the top right hand corner

 

if it was then there will be a box on the left hand side of the form near to the bottom with the particulars of claim in them

 

if this is the case and those POCs were ALL that is on the form then they are in trouble, their claim is deficient and cannot succeed as matters stand

 

CPR part 16 sets out what must be in a statement of case and this does not comply with CPR 16;)

[pt2537]

well, as i said, the claim is deficient

 

however, they can amend it BUT this isnt a good start for them is it

 

dont worry at the mo, the first thing you need to do, is file the acknowledgement of service and you have upto 14 days to do this so dont panic

 

i ma out all day today but i will be back later tonight to give you some more guidance and advice

[pt2537]

Hi Amber,

 

I will have a look over the thread tomorrow as i have nothing going on tomorrow, if i dont come back to you tomorrow then send me a PM and i will look in

 

i have a great deal going on so it is likely that i could get distracted:)

[pt2537]

Right, first things amber, you need to acknowledge service, you can do this online as there should be a password supplied on the front of the claim form along with a webaddress.

 

personally with such a vague POC , i would defend all of the claim,they have to prove a right A) that they have sufficient standing in the matter to issue the claim and B) that the debt is legally enforceable

 

It is important that you acknowledge service so as not to allow them the option to get Default Judgment

 

I would even suggest given the poor drafting on display, that you write to these monkeys and ask them to file an amended set of particulars of claim within 7 days or you make an application to have the case struck out as an abuse of the court process

 

but lets get the AOS and defence as it stands out of the way first

[pt2537]

Lets not argue over a couple of letters

 

Send both and furthermore, i would really consider an application to the court if they fail to comply with the part 18 request, they can ignore a part 18 but they cannot ignore an order of the court without placing their claim in difficulty

[pt2537]

Not really Amber failure to attend, which would also apply to the Claimant if roles reversed.

If you are successful in setting a side the Judgement you could re defend and counterclaim.

Regard this as apack of playing cards if you pull out the bottom card the rest collapse and you have to start over again.Never give your opposition the heads up

 

Have a think Amber Cag will assist whatever you decide.

 

 

 

Regards

 

Andy:wink:

 

Andy this isnt a default judgment???

 

i think that you may struggle in getting this one set aside , the correct route i would suggest is by way of appeal, considering that the case was judged on its merits and judgment awarded to the Claimant in the defendants absence

 

I do believe you were thinking about setting aside under CPR 13?? this would not apply here im afraid

[pt2537]

was your case small claims track Amber?

 

Appeals can be quite complicated matters,

 

I will have a flick through Blackstones and see if there is any guidance that is in there that may help

[pt2537]

i have to ask Andy, how do you arise at the figure of £5K for damages?

 

Also the reference to section 64 County Courts Act 1984? surely you mean s69?

 

Ive just looked over the defence and i have some issues with it which i will address later but i would have to ask you to qualify these points with a reply please Andy

[pt2537]

Yes I am

Id tend to agree with this view im afraid

[pt2537]

Hi Paul

So what happens now? Is there anyway round this now or is it not worth it? What are my options?

 

Thanks

 

 

Hi Amber

 

Well, we are looking at the prospects of being able to setaside the judgment and enter an amended defence as t he case while being decided by a judge has not been dealt with on its merits

 

so we may be able to look at getting it set aside

 

are you eligible for fee exemptions? have you checked with the court on this point?

 

if you are eligible then you may be able to avoid paying any fees for an appeal or to have the judgment set aside but we would undoubtedly need to have the defence amended to effectively deal with the case in hand

[pt2537]

Well, i got myself so worked up with all thats going on and been said that in the end i just ended up phoning National Debtline and spoke to a really helpful man who is sorting my problems with me and sending me all the relevant info and packs to deal with my problem. He told me to deal with this warrant business first then he's going to advise me what to do with the other debts i owe.

 

I can't see much point appealing or applying for any set asides or whatever for the court case anymore because i don't see how can i appeal a defence that was wrong in the first place.

 

I'm a bit lost for words atm with it all.

Right,

 

Firstly, Amber, we all lose a case once in a while, the defence wasnt the sole cause of this

 

its not about whats happened that we need to worry, but what we do from here on

 

There are discussions ongoing as far as i am aware with regards to this case. let me say that if it is the case that we advise to go for a setaside then it will be because we have a genuine view that it has prospects of success

 

if the judgment does get setaside then i can say that you would almost certainly be given the chance to file an amended defence and we can help with that

 

Im sorry that your case slipped past as i was extremely tied up and busy with my own work and clients

 

It seems that NDL have got you on the right track with regards the Warrant of execution so thats a start

[pt2537]

Hi Amber

 

if you can bear with me, im really tied up with family at the mo, i have my whole family staying over and i havent seen many of them for years

 

i will need to reread the thread to see what has happened, and where we can go from here

 

I know that some people have voiced the view that you may be able to have the judgment set aside, so we can give this a try

 

Once ive had the time to refresh my memory i will post up an application for setaside for you to have a look at, then ask questions etc so you know what is going on etc

 

also you MUST attend any hearing that the court orders, if you do not you will lose

[pt2537]

I have just removed a post which asks for a member to call another CAG user,

 

This is contrary to the rules of the site and we do not advocate giving out contact numbers or calling numbers passed on by PM,

 

this can lead to inaccurate advice being given and can lead to major problems as if you follow inaccurate advice you can end up losing a case

[pt2537]

Amber,

 

No one is ignoring you, the advice we offer on here is done so in our free time and im afraid that there is one time in the year when i put my family first over and above anything else and that is christmas

 

If you are desperate and cannot wait, then i suggest you contact Community Legal Advice and seek the advice of a solicitors on a free 30 minute consultation

 

a solicitor may take your case on a CFA which is no win no fee or you may be eligible for legal aid

 

My working time restarts on monday so i will have a look at your thread once im back at work and have some free time

 

thats the best i can do,