County court claim help please

[creditcardmug]

You have my sympathies, you expect it of northampton, as they are handling thousands of them, but not a local court:(

 

Still hopefully it will be struck out, and you can forget about all of it:D

[fedupwithdebt2009]

Hi CCM, yes I am annoyed with it all because their incompitance could lead to our defence being struck out also.....so have decided to make a call in morning to court manager asking status of our 2 AQ(!!!!) and will do same monday and tuesday and wednesday and untill they are fed up of me ringing that they beg the blooomin judge to look at then!!!! The court is quite near me anyway so I'm lucky I can also go in daily if I wanted to just to really get under their skin..................

[fedupwithdebt2009]

Hi another update, I rang court friday and the women was really nice .......(dont ever be nervous of ringing in and asking ANYTHING to do with your case, they are very helpfull)

 

She said they DO have our first AQ and its on file that we both defendent 1 and 2 have returned them so phew!!!!

 

Secondly with regard as to why it went before the judge on 24th ....well thats because the nice claiments wrote in requesting it go before a judge then asking for a stay!!!!

So thats where the order from judge came from (DOH!!!) and it seems he gave them 14 days to either file AQ or its struck out....and thats 4 pm today so fingers crossed they dont file theirs. BTW they now have TWO copies of our AQ so should be in no doubt we are not going to back down!!!!

 

Will post soon as I hear whats happened as it said on order:- "without further order from the court".... so that should mean it wont be going back to judge if they fail to file AQ........

 

fedup

[Craftygirl42]

Dont count on it being struck out at any point. Marlin had an order to provide me with docs by a certain date or it will be struck out........they didnt supply the docs and still havent and we now have a hearing date. Must ring the court actually to make sure they have paid the fee, before I go to the trouble of sorting out a witness statement.

 

They also applied for a stay and were ordered to submit their AQ and they did so.

 

I dont think Marlin know what they are doing and they do seem to follow a pattern. I was hoping it would be struck out but it hasnt. Just dont get your hopes up too much. If we were late with our docs we would find ourselves with a CCJ by default, the claimant seems to be able to do what they want and get away with it.

 

Anyway wishing you good luck and I will now be subscribed to your thread, so will see how you get on

[fedupwithdebt2009]

Hi craftygirl and thanks

 

Your right, I rang court on thursday to see what was happening and they have submitted their AQ and it was waiting to go before judge so will see what comes next. It seems as though Marlin/Phoenix can and are doing just as they like and it needs to be addressed.......I dunno how they get away with it!!!!!

[Spamalot]

Hoping to take them to court myself soon....won't be keeping the gloves on!! Would welcome any advice on bringing this underhanded bunch to their knees and show them for the sharks they are.

Is there a Phoenix/ Marlin/ Mortimer group/Forum? If not there should be. Their tactics are ruthless and we should all get together and fight them.

Scuse my rant...they are the **** of the earth in my book.

Good luck.

[fedupwithdebt2009]

Spamalot my thoughts exactly!!!!!! There should be a forum for these monsters to show just what they are getting up to!!!!! would it be possible to set one up???

 

I have just been looking over the statements that relate to this acount marlin are claiming for and it was open for 11 months and they (first direct) managed to charge us £1070 for returned cheques and overdrawn fees ( the limit was £250 ) Just wondered if theres anything I could do about that or is it too late??? These are made up of returned fees and charges.

 

Thanks for support!!

 

fedup

Edited April 13, 2009 by fedupwithdebt2009

[fedupwithdebt2009]

Also.....there should be a way on this website that we can annonymously record the dealings we have with the various District Judges so that if anyone else comes up against that judge then they know what hes gunna be like!!!!! I know its not possible .....but I can dream cant i!!!!!!????????

[Spamalot]

Hi Fed up,

RE Phoenix/Marlin/Mortimer. Forum....perhaps a DM to the site team might produce something. There appears to be loads of us suffering at their hands but it's hard tracking the threads down.

We would have more strength and insight in how to deal with them if we supported each other as a group and we would also be able to discover their weaknesses and MO's more easily which would give us more of an advantage. To be honest, every time I've spoken to them via phone in the past (not any more I PROMISE) the staff all sound about 12 yrs old so surely as a team we could shake'em.

[fedupwithdebt2009]

Yes spamalot....I sure know what I'd like to shake!!!!!

 

Good idea though, perhaps this could be set up soon.... as im sure there will be many more peeps wanting advice soon........

[fedupwithdebt2009]

Hi all

 

Recieved order today....have a nosey, help needed pls peeps...

 

 

• allocated to fast track
  
• disclosure of documents to be dealt with as follows: All parties shall give to all other parties standard disclosure of doc’s by serving copies together with a disclosure statement by 7th may and any request to view the original copy docc be complied with by 14th may.
  
• all parties shall by 4th June serve on all parties witness statements
  
• neither party can rely on or adduce the evidence of any witness blah de blah with out further order
  
• pre trial check lists to be in by 2nd July
  
• claim listed for trial end august/sept for 3 hours
  
• costs blah blah
  
• Basically if we want to apply for a set aside or stay we have to apply to court (of course PAYING A FEE!!!!) 7 days from this order.
  

So all the doccuments are the evidence we have against this "overdraft" claim. I am taking photocopies of every statement plus letters etc relevant to this case. Is there anything else I should take? When it says we have to serve on all parties...does that mean we have to send them to Mortimer clark?? That would cost a bloody fortune!!! Plus they have just ignored my requests for info so why should we? Cant i just hand it all into court for them to pass on????

 

Also the witness statement....what sort of thing should we put.?

 

Thanks for reading

 

fedup

[fedupwithdebt2009]

AND whats a disclosure statement???

[fedupwithdebt2009]

bump

[fedupwithdebt2009]

bump

[Spamalot]

Hit the red triangle fedup if you can't get a response....It will attract a moderator and hopefully lead to help....

[MARTIN3030]

All parties means those named on the claim form and the Court

[MARTIN3030]

Have a read through this-it should explain all you need to know.

 

 

 

Rule 31.23 Scope of this Part

 

31.1

 

(1) This Part sets out rules about the disclosure and inspection of documents.

 

(2) This Part applies to all claims except a claim on the small claims track.

 

 

 

Meaning of disclosure

 

31.2

 

A party discloses a document by stating that the document exists or has existed.

 

 

Right of inspection of a disclosed document

 

31.3

 

(1) A party to whom a document has been disclosed has a right to inspect that document except where –

(a) the document is no longer in the control of the party who disclosed it;

 

(b) the party disclosing the document has a right or a duty to withhold inspection of it; or

 

© paragraph (2) applies.

 

(Rule 31.8 sets out when a document is in the control of a party)

(Rule 31.19 sets out the procedure for claiming a right or duty to withhold inspection)

 

(2) Where a party considers that it would be disproportionate to the issues in the case to permit inspection of documents within a category or class of document disclosed under rule 31.6(b) –

(a) he is not required to permit inspection of documents within that category or class; but

 

(b) he must state in his disclosure statement that inspection of those documents will not be permitted on the grounds that to do so would be disproportionate.

 

(Rule 31.6 provides for standard disclosure)

(Rule 31.10 makes provision for a disclosure statement)

(Rule 31.12 provides for a party to apply for an order for specific inspection of documents)

 

 

Meaning of document

 

31.4

 

In this Part –

‘document’ means anything in which information of any description is recorded; and

‘copy’, in relation to a document, means anything onto which information recorded in the document has been copied, by whatever means and whether directly or indirectly.

 

 

 

 

Disclosure limited to standard disclosure

 

31.5

 

(1) An order to give disclosure is an order to give standard disclosure unless the court directs otherwise.

 

(2) The court may dispense with or limit standard disclosure.

 

(3) The parties may agree in writing to dispense with or to limit standard disclosure.

 

(The court may make an order requiring standard disclosure under rule 28.3 which deals with directions in relation to cases on the fast track and under rule 29.2 which deals with case management in relation to cases on the multi-track)

 

 

Standard disclosure – what documents are to be disclosed

 

31.6

 

Standard disclosure requires a party to disclose only –

(a) the documents on which he relies; and

 

(b) the documents which –

(i) adversely affect his own case;

 

(ii) adversely affect another party’s case; or

 

(iii) support another party’s case; and

 

 

© the documents which he is required to disclose by a relevant practice direction.

 

Duty of search

 

31.7

 

(1) When giving standard disclosure, a party is required to make a reasonable search for documents falling within rule 31.6(b) or ©.

 

(2) The factors relevant in deciding the reasonableness of a search include the following –

(a) the number of documents involved;

 

(b) the nature and complexity of the proceedings;

 

© the ease and expense of retrieval of any particular document; and

 

(d) the significance of any document which is likely to be located during the search.

 

 

(3) Where a party has not searched for a category or class of document on the grounds that to do so would be unreasonable, he must state this in his disclosure statement and identify the category or class of document.

(Rule 31.10 makes provision for a disclosure statement)

 

 

 

Duty of disclosure limited to documents which are or have been in a party’s control

 

31.8

 

(1) A party’s duty to disclose documents is limited to documents which are or have been in his control.

 

(2) For this purpose a party has or has had a document in his control if –

(a) it is or was in his physical possession;

 

(b) he has or has had a right to possession of it; or

 

© he has or has had a right to inspect or take copies of it.

 

 

 

Disclosure of copies

 

31.9

 

(1) A party need not disclose more than one copy of a document.

 

(2) A copy of a document that contains a modification, obliteration or other marking or feature –

(a) on which a party intends to rely; or

 

(b) which adversely affects his own case or another party’s case or supports another party’s case;

 

shall be treated as a separate document.

 

(Rule 31.4 sets out the meaning of a copy of a document)

 

 

Procedure for standard disclosure

 

31.10

 

(1) The procedure for standard disclosure is as follows.

 

(2) Each party must make and serve on every other party, a list of documents in the relevant practice form.

 

(3) The list must identify the documents in a convenient order and manner and as concisely as possible.

 

(4) The list must indicate –

(a) those documents in respect of which the party claims a right or duty to withhold inspection; and

 

(b)

(i) those documents which are no longer in the party’s control; and

 

(ii) what has happened to those documents.

 

 

(Rule 31.19 (3) and (4) require a statement in the list of documents relating to any documents inspection of which a person claims he has a right or duty to withhold)

 

(5) The list must include a disclosure statement.

 

(6) A disclosure statement is a statement made by the party disclosing the documents –

(a) setting out the extent of the search that has been made to locate documents which he is required to disclose;

 

(b) certifying that he understands the duty to disclose documents; and

 

© certifying that to the best of his knowledge he has carried out that duty.

 

 

(7) Where the party making the disclosure statement is a company, firm, association or other organisation, the statement must also –

(a) identify the person making the statement; and

 

(b) explain why he is considered an appropriate person to make the statement.

 

 

(8) The parties may agree in writing –

(a) to disclose documents without making a list; and

 

(b) to disclose documents without the disclosing party making a disclosure statement.

 

 

(9) A disclosure statement may be made by a person who is not a party where this is permitted by a relevant practice direction.

 

 

Duty of disclosure continues during proceedings

 

31.11

 

(1) Any duty of disclosure continues until the proceedings are concluded.

 

(2) If documents to which that duty extends come to a party’s notice at any time during the proceedings, he must immediately notify every other party.

 

 

 

Specific disclosure or inspection

 

31.12

 

(1) The court may make an order for specific disclosure or specific inspection.

 

(2) An order for specific disclosure is an order that a party must do one or more of the following things –

(a) disclose documents or classes of documents specified in the order;

 

(b) carry out a search to the extent stated in the order;

 

© disclose any documents located as a result of that search.

 

 

(3) An order for specific inspection is an order that a party permit inspection of a document referred to in rule 31.3(2).

(Rule 31.3(2) allows a party to state in his disclosure statement that he will not permit inspection of a document on the grounds that it would be disproportionate to do so)

 

 

 

Disclosure in stages

 

31.13

 

The parties may agree in writing, or the court may direct, that disclosure or inspection or both shall take place in stages.

 

 

 

Documents referred to in statements of case etc.

 

31.14

 

(1) A party may inspect a document mentioned in –

(a) a statement of case;

 

(b) a witness statement;

 

© a witness summary; or

 

(d) an affidavit(GL).

 

(e) Revoked.

 

 

(2) Subject to rule 35.10(4), a party may apply for an order for inspection of any document mentioned in an expert's report which has not already been disclosed in the proceedings.

 

(Rule 35.10(4) makes provision in relation to instructions referred to in an expert’s report)

 

 

Inspection and copying of documents

 

31.15

 

Where a party has a right to inspect a document –

(a) that party must give the party who disclosed the document written notice of his wish to inspect it;

 

(b) the party who disclosed the document must permit inspection not more than 7 days after the date on which he received the notice; and

 

© that party may request a copy of the document and, if he also undertakes to pay reasonable copying costs, the party who disclosed the document must supply him with a copy not more than 7 days after the date on which he received the request.

 

(Rule 31.3 and 31.14 deal with the right of a party to inspect a document)

 

 

 

Disclosure before proceedings start

 

31.16

 

(1) This rule applies where an application is made to the court under any Act for disclosure before proceedings have started1.

 

(2) The application must be supported by evidence.

 

(3) The court may make an order under this rule only where –

(a) the respondent is likely to be a party to subsequent proceedings;

 

(b) the applicant is also likely to be a party to those proceedings;

 

© if proceedings had started, the respondent’s duty by way of standard disclosure, set out in rule 31.6, would extend to the documents or classes of documents of which the applicant seeks disclosure; and

 

(d) disclosure before proceedings have started is desirable in order to –

(i) dispose fairly of the anticipated proceedings;

 

(ii) assist the dispute to be resolved without proceedings; or

 

(iii) save costs.

 

 

 

(4) An order under this rule must –

(a) specify the documents or the classes of documents which the respondent must disclose; and

 

(b) require him, when making disclosure, to specify any of those documents –

(i) which are no longer in his control; or

 

(ii) in respect of which he claims a right or duty to withhold inspection.

 

 

 

(5) Such an order may –

(a) require the respondent to indicate what has happened to any documents which are no longer in his control; and

 

(b) specify the time and place for disclosure and inspection.

 

 

 

 

Orders for disclosure against a person not a party

 

31.17

 

(1) This rule applies where an application is made to the court under any Act for disclosure by a person who is not a party to the proceedings2.

 

(2) The application must be supported by evidence.

 

(3) The court may make an order under this rule only where –

(a) the documents of which disclosure is sought are likely to support the case of the applicant or adversely affect the case of one of the other parties to the proceedings; and

 

(b) disclosure is necessary in order to dispose fairly of the claim or to save costs.

 

 

(4) An order under this rule must –

(a) specify the documents or the classes of documents which the respondent must disclose; and

 

(b) require the respondent, when making disclosure, to specify any of those documents –

(i) which are no longer in his control; or

 

(ii) in respect of which he claims a right or duty to withhold inspection.

 

 

 

(5) Such an order may –

(a) require the respondent to indicate what has happened to any documents which are no longer in his control; and

 

(b) specify the time and place for disclosure and inspection.

 

 

 

Rules not to limit other powers of the court to order disclosure

 

31.18

 

Rules 31.16 and 31.17 do not limit any other power which the court may have to order –

(a) disclosure before proceedings have started; and

 

(b) disclosure against a person who is not a party to proceedings.

 

 

 

Claim to withhold inspection or disclosure of a document

 

31.19

 

(1) A person may apply, without notice, for an order permitting him to withhold disclosure of a document on the ground that disclosure would damage the public interest.

 

(2) Unless the court orders otherwise, an order of the court under paragraph (1) –

(a) must not be served on any other person; and

 

(b) must not be open to inspection by any person.

 

 

(3) A person who wishes to claim that he has a right or a duty to withhold inspection of a document, or part of a document, must state in writing –

(a) that he has such a right or duty; and

 

(b) the grounds on which he claims that right or duty.

 

 

(4) The statement referred to in paragraph (3) must be made –

(a) in the list in which the document is disclosed; or

 

(b) if there is no list, to the person wishing to inspect the document.

 

 

(5) A party may apply to the court to decide whether a claim made under paragraph (3) should be upheld.

 

(6) For the purpose of deciding an application under paragraph (1) (application to withhold disclosure) or paragraph (3) (claim to withhold inspection) the court may –

(a) require the person seeking to withhold disclosure or inspection of a document to produce that document to the court; and

 

(b) invite any person, whether or not a party, to make representations.

 

 

(7) An application under paragraph (1) or paragraph (5) must be supported by evidence.

 

(8) This Part does not affect any rule of law which permits or requires a document to be withheld from disclosure or inspection on the ground that its disclosure or inspection would damage the public interest.

 

 

Restriction on use of a privileged document inspection of which has been inadvertently allowed

 

31.20

 

Where a party inadvertently allows a privileged(GL) document to be inspected, the party who has inspected the document may use it or its contents only with the permission of the court.

 

 

Consequence of failure to disclose documents or permit inspection

 

31.21

 

A party may not rely on any document which he fails to disclose or in respect of which he fails to permit inspection unless the court gives permission.

 

 

Subsequent use of disclosed documents

 

31.22

 

(1) A party to whom a document has been disclosed may use the document only for the purpose of the proceedings in which it is disclosed, except where –

(a) the document has been read to or by the court, or referred to, at a hearing which has been held in public;

 

(b) the court gives permission; or

 

© the party who disclosed the document and the person to whom the document belongs agree.

 

 

(2) The court may make an order restricting or prohibiting the use of a document which has been disclosed, even where the document has been read to or by the court, or referred to, at a hearing which has been held in public.

 

(3) An application for such an order may be made –

(a) by a party; or

 

(b) by any person to whom the document belongs.

 

 

 

False disclosure statements

 

31.23

 

(1) Proceedings for contempt of court may be brought against a person if he makes, or causes to be made, a false disclosure statement, without an honest belief in its truth.

 

(2) Proceedings under this rule may be brought only –

(a) by the Attorney General; or

 

(b) with the permission of the court.

[AndyOrch]

Hi Fedup

 

Take a look at this it will give you an idea and format of what is required Page 2. Help with exchange of evidence... (1 2

 

 

The requested resource (/HMCSCourtFinder/tiles/Her Majesty's Courts You can download the form from the Gov website N265 here.

 

 

Regards

 

Andy

[fedupwithdebt2009]

Hi thanks guys

 

Do I have to use form N265 then?? To be honest now I'm beguining to feel out of my depth here. ......

 

Do I send my bundle to mortimer clark?? or just take it to court?

 

Because it's fast tracK do we go into a room with judge and claiment or is it in real court where your cross examined?(sorry I have brain freeze:confused:)

[MARTIN3030]

Dont worry its not as complicated as it seems-its just a pain having to do a bundle.

You will need to do 3 copies of everything.

1.for other side,1 for Court and 1 for yourself.

I usually use cheap ringbinders from Tesco-just make sure you index everything so its clear.

Best to send by special delivery.up to 1kg its about 6 quid then after that its £8.60 up to 2kg.

keep proofs .

Make sure you dont send early as they will have an upper hand-time it to arrive on the last day.(Special delivery before 1) of the deadline.

You can hand in your copy to Court but it has to be on time.

Take your copy to any hearing.

Make sure they file on time too.

[fedupwithdebt2009]

Hi martin thanks. so do I use form n265 as well or just copies and index?

 

Also what do I do if they dont comply with order? as so far I have not heard a peep from em, so am no wiser now than i was when claim form arrived and i dont know what info etc they have.......

[fedupwithdebt2009]

Ok so ive decidied to tackle this one step at a time.

 

firstly, I have all my evidence together in one folder, I just need to itemise this, is that correct?? (i.e. an index for contents)

 

I need to make 2 more copies of the originals, one for me and one for scumbags.

 

I need to post scumbags their copy to get there on last day....also take to court day before deadline.(get a reciept for service)

 

2 questions.....

 

1.What do I do if claiment scumbags dont send me anything??

 

2.What do I do if scumbags want to see originals??

 

Thanks again

 

fedup

[fedupwithdebt2009]

Right of inspection of a disclosed document

 

31.3

 

(1) A party to whom a document has been disclosed has a right to inspect that document except where –

(a) the document is no longer in the control of the party who disclosed it;

 

(b) the party disclosing the document has a right or a duty to withhold inspection of it; or

 

© paragraph (2) applies.

 

(Rule 31.8 sets out when a document is in the control of a party)

(Rule 31.19 sets out the procedure for claiming a right or duty to withhold inspection)

 

(2) Where a party considers that it would be disproportionate to the issues in the case to permit inspection of documents within a category or class of document disclosed under rule 31.6(b) –

(a) he is not required to permit inspection of documents within that category or class; but

 

(b) he must state in his disclosure statement that inspection of those documents will not be permitted on the grounds that to do so would be disproportionate.

 

Am particularly interested in this section.....I am going to put in disclosure statment that seen as scumbags have withheld all information regarding this case to me then I will refuse them the right to get their grubby mitts on my original bank statements....or will i be MADE to show them??

[fedupwithdebt2009]

Also can you point me in the direction of which of the relevant consumer credit acts I need for this claim (overdraft) i.e. Which CCA regs to rely upon....bareing in mind they have not sent us a default notice or anything else with regard to this claim.

 

Thanks

[fedupwithdebt2009]

Right...this is the defence I shall be using with and enclosing in my bundle. Have a read and please let me know what you think and if there's anything i can add or remove

Cheers

fedup

In the xxxxxxxx County Court

Pheonix Recoveries -v- fedupwithdebt plus 1

Claim Number: xxxxxxxxxxxx

 

DEFENCE

Except where otherwise mentioned in this defence, I neither admit nor deny any allegation made in the claimants Particulars of Claim and put the claimant to strict proof thereof.

The Defendant is embarrassed in pleading to the Particulars of Claim as it stands at present, inter alia:-

The claimants’ particulars of claims disclose no legal cause of action and they are embarrassing to the defendant as the claimant's statement of case is insufficiently particularised and does not comply or even attempt to comply with CPR part 18. In this regard I wish to draw the courts attention to the following matters;

a) The Particulars of Claim are vague and insufficient and do not disclose an adequate statement of facts relating to or proceeding the alleged cause of action. No particulars are offered in relation to the nature of the written agreement referred to, the account number of the agreement, the method the claimant calculated any outstanding sums due, or any default notices issued or any other matters necessary to substantiate the claimant’s claim.

b) A copy of the purported written agreement that the claimant cites in the Particulars of Claim, and which appears to form the basis upon which these proceedings have been brought, has not been served attached to the claim form.

c) A copy of any evidence of both the scope and nature of any default, and proof of any amount outstanding on the alleged accounts, has not been served attached to the claim form.

Consequently, I deny all allegations on the particulars of claim and do not know what case I have to meet.

Further to the case On xxxxxxxxxx 2009 I requested the disclosure of information vital to this case from the claimant, in respect of each alleged debt the Claimant has failed to produce any of the information requested. The information requested amounted to copies of the Credit Agreement and any default or termination notices, a transcript of all transactions, including charges, fees, interest, alleged repayments by myself and payments made by the original creditor. Also any other documents the Claimant seeks to rely on, including any default notices or termination notice, and a list of charges applied to the account.

The claimant has indicated that they have had substantial difficulties in obtaining this information in time for me to file my defence, and has undertaken to provide it as quickly as possible. I therefore respectfully ask that the court grants me permission to amend this defence when I have received the necessary information.

With respect to the claim, it is denied that I am liable to the claimant as stated in the claim, or at all:

Having requested a copy of the credit agreement, which has (thus far) not been produced by the claimant I put the claimant to strict proof that such a document exists, in all respects compliant with the consumer credit 1974. In the absence of such a document, I deny that there has been any failure to make payment in accordance with any alleged contract.

The Claimant having failed to produce a copy of a properly executed credit agreement and in the absence of such an agreement, which conforms to sections 60 and 61 of the Consumer Credit Act 1974, the Defendant avers that no agreement has ever existed for there to have been any failure to make said payment.

It is neither admitted nor denied that any Default Notice in the prescribed format was ever received and the Defendant puts the Claimant to strict proof that said document in the prescribed format was delivered to the defendant.

In respect of that this is denied, during the period in which the Account was operating the claimant debited numerous charges to the Account in respect of purported breaches of contract on the part of the Claimant and also charged interest on the charges once applied. The defendant understands that the claimant contends that the charges were debited in accordance with the terms of the contract between itself and the Claimant.

The defendant contends that:

a) The charges debited to the Account are punitive in nature; are not a genuine pre-estimate of cost incurred by the claimant; exceed any alleged actual loss to the claimant in respect of any breaches of contract on the part of the defendant; and are not intended to represent or related to any alleged actual loss, but instead unduly enrich the Claimant which exercises the contractual term in respect of such charges with a view to profit.

b) The contractual provision that permits the Claimant to levy such charges is unenforceable by virtue of the Unfair Terms in Consumer Contracts Regulations (1999) and the common law.

Accordingly I put the Claimant to strict proof that every charge and collection charge made to the account was valid and lawful. I aver that any default notice sent would have included these charges.

I put the claimant to strict proof that any default notice sent to me was valid. I note that to be valid, a default notice needs to be accurate in terms of both the scope and nature of breach.

Failure of a default notice to be accurate not only invalidates the default notice (Woodchester Lease Management Services Ltd v Swain and Co - [2001] GCCR 2255) but is a unlawful rescission of contract which would not only prevent the court enforcing any alleged debt, but give me a counter claim for damages Kpohraror v Woolwich Building Society [1996] 4 All ER 119.

Further, the claimant states that I have refused to pay sums due under agreement. In its particulars of claim, it has not explained under what terms of any agreement these sums were due and I put the claimant to strict proof that said monies are due.

Having instigated these proceedings without any legal basis for doing so, having failed to provide sufficient information required under the pre-trial protocols in order to investigate this claim, or indeed to provide a reasonable time period to investigate this matter, and having failed to investigate a dispute as required by the OFT Debt collection Guidelines I believe the Claimant’s conduct amounts to unlawful harassment under section 40 of The Administration of Justice Act. Furthermore, the Claimant’s behaviour is entirely vexatious and wholly unreasonable.

Without Disclosure of the relevant requested documentation I am unable to asses if I am indeed liable to the claimant, nor am I able to asses if the alleged agreement is properly executed, contain the required prescribed terms, or correct figures to make such an agreement enforceable by virtue of s127 Consumer Credit Act 1974

In view of the matters pleaded above, I respectfully request that the court gives consideration to whether the claimant’s statement of case should be struck out as disclosing no reasonable grounds for bringing the claim, and/or that it fails to comply with CPR Part 16.