OH v BLS/LTSB

[42man]

And yes embarrassed defence CA....

[cymruambyth]

Thank you.

I'll get the defence in tonight, I think I can do it online as it is so short.

I've printed off the N244 and will shout if I need help.

Do you have to attend court or is it just submitted and reviewed by a DJ?

[cymruambyth]

When you submit the 'embarrassed defence' do you need to add copies of cpr and CCA requests, or just refer to them?

Thank you

[cymruambyth]

Bump please

[r&b]

IGNM gave me some advice on this front post 84/87 here:

 

http://consumeractiongroup.co.uk/forum/legal-issues/182436-mint-cca-enforcable-2.html

 

so on that no u dont file them.

[cymruambyth]

Thanks r&b. As you no doubt feel I just want to 'do everything right' to try and eliminate anything that they can use to their advantage!

[citizenB]

Thank you.

I'll get the defence in tonight, I think I can do it online as it is so short.

I've printed off the N244 and will shout if I need help.

Do you have to attend court or is it just submitted and reviewed by a DJ?

 

You wont have to go to court just yet You submit your defence online to Northampton Bulk Centre. The next stage is the AQ and the transfer to your local court.

[cymruambyth]

Hi I'm not being ungrateful, but before I press the button to confirm my defence, it seems very basic; some embarrassed defences seem to be much much longer. Does this matter as surely it will be dealt with in much greater depth at a later time?

Thank you

[citizenB]

The embarrassed defence in the following link is possibly the shortest I have seen.. It also gives a very good reason, why the embarrassed defence should not be long and over complicated.

 

http://www.consumeractiongroup.co.uk/forum/show-post/post-1617381.html

 

I have copied the text over for you as well...

 

 

Original post by aloysiush

 

A defence should be deal with the claimants pleading and not be complicated and long in these matters. It should not contain references to cases etc. Do not forget you may have to argue that which is contained in your defence and so you need to understand that to which you are endorsing a statement of truth. The case of Dimond v lovell is not on all fours with this case. Until the claimant pleads in an appropriate manner, you should not reveal all your 'cards'. I suggest a defence as follows:-

 

 

1. The particulars of claim discloses no cause of action and are self evidently an abuse of process, in that they fail to deal with the basic rules of pleadindg in accordance with the CPR (even allowing for the constraints of the bulk issue system).

 

2. Further to that above the defendant is unable to plead effectivley or at all. The defendant is embarassed.

 

The above is all you need to place in the defence.

 

 

You should write to the claimants solicitors as follows:-

 

' Herewith copy defence by way of service, the same having been filed with the court.

 

Please serve amended particulars of claim and plead yor clients case in an appropriate manner within 7 days, so that I am aware of the case I will have to meet at trial. I request that you attach to the particulars a copy of the agreement upon which the claimant relies. The matter will be transferred to my home court and the claimant will have to produce the document, in any event. In those circumstances you should plead in accordance with the CPR rather than the Northampton County Court regime.

 

Failure to provide that requested in the time period provided for will result in application to the court. I confirm a copy of this letter will be produced to the court when the question of costs falls to be decided'.

[cymruambyth]

Thank you very much. I was happily going along with the defence you had posted for me when I read a couple of very long 'embarrassed defences' and started to wonder (panic seems a bit strong:D)

[citizenB]

Thank you very much. I was happily going along with the defence you had posted for me when I read a couple of very long 'embarrassed defences' and started to wonder (panic seems a bit strong:D)

 

Panic is good :lol:It is always best to ask if you are unsure:)

[cymruambyth]

My 'defence' has now gone to [problem] and we await their reply.

[cymruambyth]

'Following our Clients instructions in this matter, you advised that we have requested the County Court to enter Judgement against you. A Judgement Order detailing payment will therefore be sent to you by the Court in due course.

 

Meanwhile we enclose a Standing Order Mandate for your use. If you prefer this method of payment, please complete the form and send it direct to ourselves enduring that there are sufficient funds in your account to honour the Standing Order arrangements.

 

Please ensure payments are made in accordance wuith the Judgement Order to prevent enforcement proceedings, which will incure additional Court fees and Solicitor costs for which you may be liable.'

 

The Judgement Balance is also slightly higher than that on the CCC.

Are they trying to frighten us? Should we do something etc etc etc.

Thank you

Ps Haven't sent off N244 yet, due to funding and holiday commitments meaning won't be able to go to court with it.

[diddydicky]

Dear sirs, thank you for your letter of XXXXXXX

 

 

With respect I believe your letter should be sent to the authors of fht oxford English dictionery so that they may amend the next edition

 

Your letter seems to elevate the meaning of the words presumptious , and bull**** to new levels

[cymruambyth]

Hi dd

I did think that was the case; I assume we just wait to hear from the court?

[diddydicky]

Hi dd

I did think that was the case; I assume we just wait to hear from the court?

 

yes but i would write a short snotty letter in a similar vein to that above just to let them know that you know there are talking out of their backsides

 

personally (depending on the strength of my case) i like to use the phrase

 

put up or shut up

[empowered]

'Following our Clients instructions in this matter, you advised that we have requested the County Court to enter Judgement against you. A Judgement Order detailing payment will therefore be sent to you by the Court in due course.

 

Meanwhile we enclose a Standing Order Mandate for your use. If you prefer this method of payment, please complete the form and send it direct to ourselves enduring that there are sufficient funds in your account to honour the Standing Order arrangements.

 

Please ensure payments are made in accordance wuith the Judgement Order to prevent enforcement proceedings, which will incure additional Court fees and Solicitor costs for which you may be liable.'

 

The Judgement Balance is also slightly higher than that on the CCC.

Are they trying to frighten us? Should we do something etc etc etc.

Thank you

 

Ps Haven't sent off N244 yet, due to funding and holiday commitments meaning won't be able to go to court with it.

 

They are trying to put the frighteners on you .... keep it safely filed for ammunition later;) Lloyds did exactly the same thing to my O/H and I used it when I had to fill in the AQ and supplied draft orders for the judge - I don't think he was best pleased when he saw the letter and Lloyds actually discontinued with their two claims last month:lol:

[cymruambyth]

Hi empowered, thanks for your comments. I know that is what they are doing, but when you have doubts (of which there are many) it's nice to have confirmation!

Did you reply to their letter? I was thinking of asking they why they had sent it and if it was just a scare tactic, as well as the usual we will produce this in court.

[empowered]

Hi empowered, thanks for your comments. I know that is what they are doing, but when you have doubts (of which there are many) it's nice to have confirmation!

Did you reply to their letter? I was thinking of asking they why they had sent it and if it was just a scare tactic, as well as the usual we will produce this in court.

 

Wasn't prepared to waste the cost of postage on replying to them! They are also so arrogant they wouldn't have replied anyway. Having just got my mum's funeral out of the way, I will concoct a suitable letter to send to the law society to complain about their actions;)

[citizenB]

'Following our Clients instructions in this matter, you advised that we have requested the County Court to enter Judgement against you. A Judgement Order detailing payment will therefore be sent to you by the Court in due course.

 

Meanwhile we enclose a Standing Order Mandate for your use. If you prefer this method of payment, please complete the form and send it direct to ourselves enduring that there are sufficient funds in your account to honour the Standing Order arrangements.

 

Please ensure payments are made in accordance wuith the Judgement Order to prevent enforcement proceedings, which will incure additional Court fees and Solicitor costs for which you may be liable.'

 

The Judgement Balance is also slightly higher than that on the CCC.

Are they trying to frighten us? Should we do something etc etc etc.

Thank you

 

Ps Haven't sent off N244 yet, due to funding and holiday commitments meaning won't be able to go to court with it.

 

Join the club, please have a read of the following thread. Please also make a complaint to the Solicitors Regulatory Authority.

 

http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/206823-have-you-received-phantom.html

 

Yes, **** are trying it on and should be stopped. They are not alone in this practice. It is misleading.

[cymruambyth]

Thanks citB, a complaint will be on it's way in the next couple of days.

[cymruambyth]

I've also spoken to the court who said that they couldn't do that because a defence had been registered. Waiting for the 33 days.

[r&b]

hi cymruambyth,

i sent them the reply on post 48 here which may give u a few ideas shud u wish to have a go back:

 

http://www.consumeractiongroup.co.uk/forum/legal-issues/192486-court-claim-o-draft.html

 

i also sent smth very similar to the complaint on post 177 to TS , OFT and ICO addresses of which are very easily googled if they have got under ur skin enough..again although slightly diff, it may perhaps give u some ideas.

whatever u decide i too cannot see this being looked favourably upon by any judge so in my case i sent a copy to be put before him including the names of all the complaint bodies i had sent it to and asked subsequently for it to be kept on the file for reference at the hearing...just to hopefully twist the knife.

[cymruambyth]

Thank you for the link. I'm composing letters to 'the world' and there are some bits I would love to add .

I too will send a copy to Northampton and ask for it to be added to my vase file.

Yes they and LTSB have got under my skin.

[citizenB]

I've also spoken to the court who said that they couldn't do that because a defence had been registered. Waiting for the 33 days.

 

Excellent, the more people complain about this practice the better.