Creation Consumer Finance claimform - old Fridge loan - struck out - they tried again - **WON+COSTS TWICE**

[intree]

Thanks for that popeye1.............hopefully they will see that their actions are just causing concern......but I dont think they will stop the action they are pursuing, ie to get a CCJ issued.

 

I will have to wait to see what any one with more legal knowlege has to now say to this problem.

 

Good luck with your case ok

[intree]

Please can anyone help with this one, I have sent in the above defence and have recived allocation papers ...how do I fill these in and can anyone advise what I need to do as my letters to the solicitors are not being replied to.

 

Thanks

[popeye1]

Bump

[popeye1]

What No is the AQ

[intree]

Hi its N149

 

I have followed a template and completed this together with a holding defence and a copy of a draft order that if the CPR 18 is not followed as the solicitors have not responded within 14 days of the order then it should be struck out.

 

I have also not been asked to make any payments with the claim form, it just stated in the letter accompanying the N149 that the claimant will be a fee of £35 when submitting their allocation?

 

So I am not sure if I still make a payment or do I just send in the form without, or attach a means form as our income is low.

 

Thanks for your help Popeye1

[intree]

Hi today i received a letter from the solicitors stating

We enclose a copy of the default notice issued to you by our client (this is not an actual copy but a print out, with a offer to settle and a rebate of 562.00 I have never received this ) a copy of the termination notice sent to you by us, and confirm that we have ordered a copy of your finance agreement from our client. Please be aware that these agreements are held in a offsite location, and can take a number of weeks to produce as a result. These are the only documents we can provide you copies of, since these are referred to in out particulars of claim.

 

The other requests you have made would appear to be requests under the data protection act and will therefore need to be requested directly from our client.

 

Please note that all other requests for information which will form part of this claim or part of your own defence will need to be dealt with under the courts formal rules regarding disclosure, should proceedings reach that stage. (CPR 18 REQUEST WAS SENT TO THEM ON 10/10/08)

 

The only response I have to date from them is the one above - Any help for a defence which need to be ammended and any other help would be appraciated.

 

Thanks

[bazaar2]

Hi Intree,

Well, I remember Sapphires struggle, so you have agreements with CCCS and there have nt been any failures, they will look vexatious in my opinion if they take this to court, your other creditors are playing ball, so you'll have to deal with these idiots in any case. Read Sapphires thread, Above all stay calm, If you have your defence ready, You can alert a site team member and get a proof reading of it just in case they can think of something extra for you. Make sure you send everything Special delivery, then confirm with the court they have recieved your paperwork. I'm sure someone will be along shortly to advise further.

[intree]

Hi thanks for that...........I am so worried as I spoke to CCCS and they informed me that I should have just agreed to pay the instalments through the court without defending, as they will get a CCJ in any event.

 

I told them I did not agree as payments were and are still being made, however they said they could not help with legal matters - A FAT HELP THAT HEY!!

 

Anyway the court have written back and are using my letter which I sent to them as a defence I attached it here for advice - Please can someone advise what I put with sec G - they have issued a printed version of the default I never received and are locating my agreement which has been in dispute since 15 August 2008.

 

I dont know if i should write to the solicitors and offer a settlement as i have some money available

[intree]

Please can anyone advise ill attache a defnce too later

N149 Allocation Questionnaire

 

Section G other information

If the Court decides not to use its powers to Strike out the claimants vexatious claim as detailed in the defence; then, if the court is in agreement, the defendant respectfully requests that special directions may be given as per the attached draft order.

 

The defendant proposes these directions in mind of the Overriding Objectives, and in particular the duty of the parties to help the court further them. The issues outlined below are the crux upon which this claim rests, and the proposed directions identify these issues and will allow them to be assessed in advance of the hearing so that this claim may proceed justly and expeditiously;

 

without production of the requested documents, I am at a disadvantage and am unable to serve a proper defence. Failure of the claimant to supply the requested documentation will make the case much harder for the court to deal with as without production of the requested documentation will inhibit the courts ability to deal with the case

 

The House of Lords in the case of Wilson v First County Trust Ltd - [2003] All ER (D) 187 (Jul) made it clear in paragraph 29 of LORD NICHOLLS OF BIRKENHEAD judgement

 

29. The court's powers under section 127(1) are subject to significant qualification in two types of cases. The first type is where section 61(1)(a), regarding signing of agreements, is not complied with. In such cases the court 'shall not make' an enforcement order unless a document, whether or not in the prescribed form, containing all the prescribed terms, was signed by the debtor: section 127(3). Thus, signature of a document containing all the prescribed terms is an essential prerequisite to the court's power to make an enforcement order. The second type of case concerns failure to comply with the duty to supply a copy of an executed or unexecuted agreement pursuant to sections 62 and 63, or failure to comply with the duty to give

notice of cancellation rights in accordance with section 64(1). Here again, subject to one exception regarding sections 62 and63, section 127(4) precludes the court from making an enforcement order.

 

Its is respectfully requested this case be allocated to the small claims track, it is a straight forward case and is easily resolved on production of the required documentation by the claimant, should the claimant not have the documentation required to progress this case I suggest that there will be no case to answer

 

Therefore it stands to reason that this document must be disclosed before this case can progress any further

 

 

It is further requested that this case is held in abeyance until January 2009, this will give sufficient time for the claimant to deal with this matter and also allow me to prepare my defence and documents from that date as I have prior engagements in my family and work which can not be cancelled now.

[intree]

Defence

 

1. Except where otherwise mentioned in this defence, and pursuant to Civil Procedure Rules (“CPR”) Part 16.5, I neither admit nor deny any allegation made in the claimants Particulars of Claim and put the claimant to strict proof thereof.
   2) The claimant’s statement of case is insufficiently particularised and does not comply or even attempt to comply with CPR part 16. 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 accounts referred to, 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 as laid out in Practice Direction 16. Paragraph 7.3.
   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.
    
   The Credit Agreement
   3) On the 15/08/2008 I wrote to the Claimant requesting a true copy of the executed credit agreement pursuant to section 77(1) of the Consumer Credit Act 1974 (“CCA”). The claimant upon receipt of such request has a duty to supply the documentation within 12 working days as prescribed by Statutory Instrument 1983/1569 Regulation 2.
   
2. 
   4) For clarity, s77(1) CCA states:-
   77. Duty to give information to debtor under fixed-sum credit agreement.
   — (1) The creditor under a regulated agreement for fixed-sum credit, within the prescribed period after receiving a request in writing to that effect from the debtor and payment of a fee of £1, shall give the debtor a copy of the executed agreement (if any) and of any other document referred to in it, together with a statement signed by or on behalf of the creditor showing, according to the information to which it is practicable for him to refer,—
   (a) the total sum paid under the agreement by the debtor;
   (b) the total sum which has become payable under the agreement by the debtor but remains unpaid, and the various amounts comprised in that total sum, with the date when each became due; and
   © the total sum which is to become payable under the agreement by the debtor, and the various amounts comprised in that total sum, with the date, or mode of determining the date, when each becomes due.
    
   5) S77(4) of the CCA sets out the consequences of failure to comply with such a request and states:-
    
   (4) If the creditor under an agreement fails to comply with subsection (1)—
   (a) he is not entitled, while the default continues, to enforce the agreement; and
   (b) if the default continues for one month he commits an offence.
    
   6) CONSUMER CREATION FINANCE have made no reply to this request.
    
   7) Therefore it is averred that CONSUMER CREATION FINANCE has failed to discharge their obligations under s77(1) of the CCA and as a result has no right of action, by way of s77(4) of the CCA, to enforce this agreement while their non compliance continues.
    
    
    
   Enforcement of the Agreement
   8 ) For a credit agreement to be enforceable it must contain all of the prescribed terms as laid out in the Consumer Credit (Agreements) Regulations 1983 (SI 1983/1553)
   9) The courts attention is drawn to the fact that where an agreement does not have the prescribed terms required by the CCA then it is not compliant with section 60(1) CCA and therefore not enforceable by s127 (3). The court’s attention is also drawn to the authority of the House of Lords in Wilson-v- FCT [2003] All ER (D) 187 (Jul) which confirms that where a document does not contain the required terms under the consumer credit act 1974 and the Consumer Credit (Agreements) Regulations 1983 (SI 1983/1553) and Consumer Credit (Agreements) (Amendment) Regulations 2004 (SI2004/1482) the agreement cannot be enforced
    
   10) With regards to the Authority cited in point 9, I refer to LORD NICHOLLS OF BIRKENHEAD in the House of Lords Wilson v First County Trust Ltd - [2003] All ER (D) 187 (Jul) paragraph 29
   ” The court's powers under section 127(1) are subject to significant qualification in two types of cases. The first type is where section 61(1)(a), regarding signing of agreements, is not complied with. In such cases the court 'shall not make' an enforcement order unless a document, whether or not in the prescribed form, containing all the prescribed terms, was signed by the debtor: section 127(3). Thus, signature of a document containing all the prescribed terms is an essential prerequisite to the court's power to make an enforcement order.”
    
   Failure to disclose documents relied upon in the Particulars of Claim
    
   11) Further to the case, on XXXXXX I requested the disclosure of information from the Claimant’s solicitors which is vital to my defence in this case pursuant to CPR Part 18. The information requested amounted to copies of the Credit Agreement and Default Notice referred to in the particulars of claim and 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.
    
   12) To Date the claimant has ignored my request under the CPR and I have not received any such documentation requested. As a result it has proven difficult to compose this defence without disclosure of the information requested, especially given that I am Litigant in Person.
    
   13) The claimant is therefore put to strict proof that a document which is legible and Compliant with the Consumer Credit Act 1974 and subsequent Regulations made under the Act exists
    
   Default Notice
   14) In my request for disclosure under CPR Part 18 I requested that the Claimant disclose a copy of the Default Notice that is referred to in the Particulars of Claim. They have failed to respond to this request.
    
   15) It is neither admitted nor denied that any Default Notice in the prescribed format as cited in the Particulars of Claim and as required by s87(1) CCA was ever received. I put the Claimant to strict proof that said document in the prescribed format was delivered to me.
    
   16) Without prejudice to the above, I put the Claimant to strict proof that any Default Notice sent was valid. To be valid, a Default Notice is required to be accurate in terms of both the scope and nature of breach and include an accurate figure required to remedy any such breach.
    
   17) For a creditor to be entitled to terminate a regulated credit agreement where there is a breach, demand repayment in full or take any legal action to recover any monies due under the agreement, a creditor must serve a Default Notice under s87(1) CCA, which states:-
    
   1 S87(1)Service of a notice on the debtor or hirer in accordance with section 88 (a "default notice ") is necessary before the creditor or owner can become entitled, by reason of any breach by the debtor or hirer of a regulated agreement,-
   (a) to terminate the agreement, or
   (b) to demand earlier payment of any sum, or
   © to recover possession of any goods or land, or
   (d) to treat any right conferred on the debtor or hirer by the agreement as terminated, restricted or deferred, or
   (e)to enforce any security
    
   19) I note the opening part of section 88(1) CCA, which states:-
    
   88. Contents and effect of default notice.
   - (1) The default notice must be in the prescribed form.......
    
   The word must makes it clear that no variation is acceptable. Therefore it cannot be dispensed with as a de minimus issue.
    
   20) The prescribed format for this document is given by the Consumer Credit (Enforcement, Default and Termination Notices) Regulations 1983, as amended, in particular schedule 2(2) points 1-11 which set out the statutory form that a Default Notice must follow for it to comply with s87(1) CCA.
    
   21) I note that the regulations do not allow any variation in the form of the Default Notice and therefore it is averred that where the Default Notice is not as laid down in the regulations it is invalid and that termination or further enforcement action cannot take place until such time as a valid notice is served.
    
   22) In the case of Woodchester v Swayne & Co [1998] EWCA Civ 1209 in the Court of Appeal, the court addressed in some detail the issue of the contents of a default notice and should the notice fail to comply with the Consumer Credit (Enforcement, Default and Termination Notices) Regulations 1983 (SI 1983/1561) it would render the default notice invalid. I quote the comments of Kennedy LJ:
    
   "This statute was plainly enacted to protect consumers, most of whom are likely to be individuals. When contracting with a large financial organisation they are at a disadvantage… If the hirer is said to have broken its terms, the hirer needs to know precisely what he or she is said to have done wrong and what he or she needs to do to put matters right. The lender has the ability and the resources to give that information with precision. If he does not do so accurately then he cannot take…"the next step" “
    
   “That, as it seems to me, is the scheme of the legislation. It would be frustrated if the notice could claim that in order to put matters right the hirer must pay a sum far in excess of the amount in fact owing and yet constitute a valid notice. … he may not at first appreciate that the large sum set out in the notice is inaccurately calculated and plain wrong. It may be, perhaps because of earlier defaults on his part or the incidence of interest, not at all easy to calculate what in fact is owing and the hirer may, thus, be misled into believing that the sum set out in the notice is right.”
    
   23) As a result, I submit that, unless the Default Notice is accurate with regard to the amount that was lawfully owing to the Claimant, then it is not valid and that termination or further enforcement action cannot be taken until such time as a valid notice is served.
    
    
    
   
3. The Civil Evidence Act 1995
    
   Sections 8 & 9 of the act demonstrate the legal guidelines for electronic documents as evidence:
    
   Section 8 states:
    
   (1) Where a statement contained in a document is admissible as evidence in civil proceedings, it may be proved:
    
   (a) by the production of the original
    
   (b) whether or not that document is still in existence, by the production of a copy of that document or of the material part of it, authenticated in such a manner as the court may approve.
    
   (2) It is immaterial for this purpose how many removes there are between a copy and its original.
    
   Section 9 states:
    
   (1) A document that is shown to form part of the records of a business or public authority may be received in evidence in civil proceedings without any further proof.
    
   (2) A document should be taken to form part of the records of a business or public authority if there is produced to a court a certificate to that effect signed either by an officer of the business or authority to which the records belong.
    
   The Defendant wishes to bring to the courts attention, Section 8 of the Civil Evidence Act 1995, which requires that a statement contained in a document be proved by the production of that document, or, whether or not that document is still in existence, by the production of a copy of that document or of the material part of it, authenticated in such manner as the court may approve. I contend that the way this evidence was presented to the court failed to meet this criterion.
    
    
   Conclusion
   24) The claimant has failed to supply any supporting documents with the claim form and has ignored my request for information under the CPR.
    
   25) Furthermore, without full disclosure I am unable to prepare a defence to the documents which the claimant will be seeking to rely upon, nor can I reasonably consider what case I have to answer.
    
   26) 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.
    
   27) Alternatively, I respectfully request a stay in proceedings until such time as the claimant complies with the requests outlined in paragraph 11 above or until the court orders its compliance with the same. I will then be in a position to file a fully particularised defence and counter-claim and will seek the courts permission to amend my statement of case accordingly.
    
   2 In addition it is drawn to the courts attention that schedule 3, s11 of the Consumer Credit Act 2006 prevents s15 repealing s127 (3) of the 1974 Act for agreements made before s15 came into effect since the agreement is alleged to have commenced in XXXXXXX the Consumer Credit Act 1974 is the relevant act in this case.
   
4. The court's powers under section 127(1) are subject to significant qualification in two types of cases. The first type is where section 61(1)(a), regarding signing of agreements, is not complied with. In such cases the court 'shall not make' an enforcement order unless a document, whether or not in the prescribed form, containing all the prescribed terms, was signed by the debtor: section 127(3). Thus, signature of a document containing all the prescribed terms is an essential prerequisite to the court's power to make an enforcement order. The second type of case concerns failure to comply with the duty to supply a copy of an executed or un-executed agreement pursuant to sections 62 and 63, or failure to comply with the duty to give notice of cancellation rights in accordance with section 64(1). Here again, subject to one exception regarding sections 62 and 63, section 127(4) precludes the court from making an enforcement order.
    
   Since the claimant has failed to discharge its obligations under Section 78(1) Consumer Credit Act as stated in points 6 to 11 of this defence, it is requested that the claimant case be struck out pursuant to section 78(6) Consumer Credit Act 1974.
    
   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 Act1970. Furthermore, the Claimant's behaviour is entirely vexatious and wholly unreasonable.
    
    
   Statement of Truth
    
   I, believe the above statement to be true and factual
    
    
   Signed …………………
    
    
    
   

Edited October 28, 2008 by intree
removing for identity reasons

[intree]

Draft Order for Directions

 

The Claimant shall within 14 days of service of this order file and serve the following:

 

• Copies of the Credit Agreement and any documents referred to within it which complies with the consumer Credit Act 1974 and all subsequent regulations, which the claimant seeks to rely upon
  
• Default Notice compliant with s87 (1) Consumer Credit Act 1974 an Consumer Credit (Enforcement, Default and Termination Notices) Regulations 1983 (SI 1983/1561) as amended,
  
• Document, contract or deed of assignment
  
• Notice of assignment, with proof of service of the same compliant with s196 of the Law of Property Act 1925.
  
• Copies of any statement or other document relied upon
  

If the Claimant fails to comply with this order, the claim will be struck out without further order.

 

The Defendant shall within 14 days thereafter file and serve the following

 

• An amended defence sufficiently particularised in response to the documents supplied by the claimant
  

[popeye1]

Looks ok,others will be about to advise

[intree]

Bump...............getting desperate for help here!!

[AndyOrch]

Hi Intree if you could type out the P.O.C verbatum to enable to advise

 

Regards

 

Andy

[intree]

Does or will your claim include any issues under the human rights act 1988 - NO

 

Particulars of claim (attached) nothing was attached to me as documents

 

1 By an agreement dated xxxxxxxx ("the agreement) the claimant lent the defendent the sum of £xxxxx to be repaid by 1 instalment of £xx.xx followed by 46 monthly instalments of £xx.xx and a final payment of £xx.xx

 

2. On the 02/09/08 there were arrears of £xxx.xx.The claimant sent the defendant a default notice pursuant to the Consumer Credit act 1974 dated 02/09/08, requring the arrears to be paid within 14 days.

 

3. The defendant failed to comply with the notice and the claimant terminated the agreement by written notice dated 24/09/08

 

The total amount due under the agreement £xxxx.xxx

Less total amount received £xxx.xx

claimants pre issue legal costs £200.00

claimants admin charges £125.00

 

total due £xxxx.xx

 

4.The claimant also claims default interest pursuant to the agreement at the rate of 32.40%pa (being £2.12per day) from the date of termination to the date of payment

 

5.The claimant also claims its legal costs pursuant to the agreement.

 

 

 

 

----------------------------------

 

 

THEY HAVE SENT A SO CALLED COPY OF A DEFAULT NOTICE WHICH WAS NEVER RECEIVED BY ME, A TERMINATION NOTICE SENT BY THE SOLICITORS AND HAVE ADVISED THEY ARE WAITING FOR THEIR CLIENTS TO SEND THEM THE AGREEMENT, THIS AGREEMENT WAS ORIGINALLY WITH OPEN AND DIRECT AND NOT CONSUMER FINANCE WHO ARE NAMED AS THE CLAIMANT.

 

THEY HAVE STATED THEY DO NOT INTEND TO DISCLOSE ANY OTHER DOCUMENTS BUT TODAY THEY WERE SENT THE CPR31 REQUEST, COPIED TO THE COURT.

 

THEY WERE BEING PAID - THROUGH CCCS, BUT ARE ADAMANT THEY WILL GET A CCJ - DESPITE THIS.........THEY ARE B****^^^'S.

 

 

SORRY FOR SHOUTING

 

hope you can help

Edited October 22, 2008 by intree
not fully finished when posted

[intree]

Bump Fao: Andy

[AndyOrch]

Hi Intree

 

Having read your thread in depth, that will be fine with regards to Part G.

With regards to your Draft Direction I would remove any reference to DoA as you are not privy to that information and can only be disclosed by order of the Court and would not have any bearing on your case.The main thing is the NoA which you have included.

Prepare 3 copies of the N149 Court Claimants Sols and yourself dont sign the Sols copy.

 

 

Regards

 

Andy

[intree]

Thanks Andy for your help

 

May this life bring you many fortunes and may you be blessed with good Karma - as you have put my mind at ease.

 

Thank you again

[intree]

Hi Andy

 

I added this at the bottom of my defence as I have just about had enough of these idiots and want the court to know what they have been up to.

Since the claimant has failed to discharge its obligations under Section 78(1) Consumer Credit Act as stated in points 6 to 11 of this defence, it is requested that the claimant case be struck out pursuant to section 78(6) Consumer Credit Act 1974. This claim is vexatious and a abuse of process as it has been in dispute with the Claimants since 15 August 2008, this claim is therefore not allowed to proceed under the Consumer Credit Act 1974, while a dispute remains with the claimants, the Claimants and their Solicitor were advised of this on a number of occasions and have wasted the Courts time in ignoring this fact to date. The last letter was sent to them on the xxxxxxxx, by fax and Recorded delivery Ref: xxxxxxxxxx

 

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 Act1970. Furthermore, the Claimant's behaviour is entirely vexatious and wholly unreasonable. I believe that based on the facts and recorded by documents on file the Claimants claim is an abuse of process.

[AndyOrch]

Thats fine Intree you may also wish to add this to your amended defence also as you have missed it and this needs to be refuted

 

Regarding that which is denied, the claimant seeks to claim statutory interest pursuant to section 69 of the County Courts Act 1984 at the rate of 32.40% per annum. It is therefore averred that this claim is brought in relation to a personal loan which is credit as defined within the Consumer Credit Act 1974, the defendant notes that the claimant is not entitled to do so and attention is drawn to The County Courts Interest on Judgment Debts Order 1991 Section 2 (3)(a) which sets out that this is the case as this claim is in relation to a debt regulated by the Consumer Credit Act 1974

 

Regards

 

Andy

Edited October 23, 2008 by Andyorch

[intree]

Thanks for that Andy - they are actualy hoping to charge 32.7% interest, I may be a bit thick - do I state 8% or 32.7%.............

 

I will not be sending it until 28/10 as I have until 30/10.

 

Thanks

[AndyOrch]

As per their P.O.C you stated in post 28 :-

 

4.The claimant also claims default interest pursuant to the agreement at the rate of 32.40%pa (being £2.12per day) from the date of termination to the date of payment.

 

 

Regards

 

Andy

[intree]

ok cool Andy - yes its 32.40% you are correct, I read the e-mail from you before reading the post.

 

Thanks will do that

[intree]

Hi Guys

 

I am hoping for some advice as i sent the defence etc to the Court on October 2008, HEARD nothing so sent them a fax on wednesday, they have written back statign that nothing is happening in regards this claim, so I asked it be put before a judge so that my defence was considered and the draft order be considered.

 

Today I have received a response from court stating the matter will now be put before a judge and instructions will be given within 2 weeks, I have had no response to the CPR requests as confirmed in the defence above and the solicitors have been totally uncooperative and nasty to date.

 

They have even informed me that they will get a charging order as the next step......but have failed to provide any of the documents they are relying on stating that they are waiting for the court to order that.

 

This legal system just gets more confusing as you go along, is there anyway I could sue them for my costs as its very stressful dealing with this bunch of idiots.

 

Thanks

[intree]

I am rather confused what is going on with this claim - Greenhalghs issued a claim, which was defended based on no CCA compliance, they have failed to respond with anything at all, I heard nothing for 3 months so I wrote to the court asking what was happening, in the meantime I wrote to the other side asking for copies of documents etc they were relying on (they failed to produce any under CPR 31 OR CPR 16)

 

I then asked the Court to send me copies of their AQ and defence, which they did not, Today I have received a letter in response to have their claim struck out for non compliance to the above procedure and this is what I recived from Court:

 

TYPED AS I HAVE NO SCANNER AT MOMENT:

 

NOTICE OF ALLOCATION TO THE SMALL CLAIMS TRACK (preliminary Hearing)

 

 

Upon it appearing that the Claimant has not had the defence and that the defence appears to have merit and should not be struck out.

 

DISTRICT JUDGE XXXXXXX has considered the statements of case and allocation questionaires files and allocated the claim to Small track.

 

Before the claim is listed for hearing the judge has ordered that a preliminary hearings should take place.

 

The preliminary hearing will take place at xxxxxxxxx on xx xx xx at the above County court

 

Please can anyone advise what to do as I ahve faxed the defence to the otherside in October and they have tried to get my defence struck out based on their none response.

 

Any advise would be appreciated in this matter, This set of vultures are on a DMP through CCCS, but they have continued this action despite this to get a CCJ against me, which initself should be a abuse of process - as stated in my defence to the Court.

 

Im not sure what happens as I have never been to Court B4.

 

Thanks