Weightmans CCJ

[planetdebt]

Ok link is now working they've killed/fixed the gremlins

 

no comment about the legal system we have:sad:

 

S.

 

 

Thanks :)Iv just sent you a pm, I think I should leave the set a side a bit longer, is their a time limit on the set aside?

[planetdebt]

The link is playing up here, it says page cannot be displayed, I think the firewall is blocking it because the icon flashes in the corner when I try & open it, does their website have a virus

[the_shadow]

Hmm, one would hope not ;-)

 

Have you sent the CPR letter yet?

 

S.

[planetdebt]

Hmm, one would hope not ;-)

 

Have you sent the CPR letter yet?

 

S.

 

No, Im not sure if I need to edit the one you posted because of what weightmans has done regarding the Admission. Sorry I should have asked earlier about that.

[the_shadow]

No, Im not sure if I need to edit the one you posted because of what weightmans has done regarding the Admission. Sorry I should have asked earlier about that.

 

Needs to go off in the post today (recorded delivery), no editing required imo (APART from what 42Man suggests to put in post #136)

 

S.

[planetdebt]

Dear Sir,

 

Re: (FREEMANS PLC) v (Your name) Case No:

CPR 31.14 Request

 

On (date) I received the Claim Form in this case issued by you out of the (Name) County Court.

 

I confirm having returned my acknowledgment of service to the court in which I indicate my intention to contest all of your claim.

Due to the abuse of the system where a judgement has been entered 1 day after the claim was issued I will be getting this judgement set aside.

 

Prior to the issue of proceedings I had delivered a request for the production of the agreement mentioned in the Claim Form and on which you rely. That request was not adhered to.

 

Please treat this letter as my request made under CPR 31.14 for the disclosure and the production of a verified and legible copy of [each of the following document(s) mentioned in your Particulars of Claim:

 

1 the agreement. You will appreciate that in an ordinary case and by reason of the provisions of CPR PD 16 para 7.3, where a claim is based upon a written agreement, a copy of the contract or documents constituting the agreement should be attached to or served with the particulars of claim and the original(s) should be available at the hearing. Further, that any general conditions incorporated in the contract should also be attached.

2 the assignment

 

3 the default notice

 

4 the termination notice

Although your claim is for a sum which is not more than £5,000.00 and will in all likelihood be allocated to the small claims track for determination upon my delivering a defence, at this moment in time I have not delivered my defence and the case has not been allocated to a track. In consequence the provisions of CPR 27(2) are of no effect and you should not seek to avoid compliance with your CPR 31 duties by claiming otherwise

 

You should ensure compliance with your CPR 31 duties and ensure that the document(s) I have requested are copied to and received by me within 7 days of receiving this letter. Your CPR 31 duties extend to making a reasonable and proportionate search for the originals of the documents I have requested, the better for you to be able to verify the document's authenticity and to provide me with a legible copy. Further, where I have requested a copy of a document, the original of which is now in the possession of another person, you will have a right to possession of that document if you have mentioned it in your case. You must take immediate steps to recover and preserve it for the purpose of this case.

 

Where I have mentioned a document and there is in your possession more than one version of that same document owing to a modification, obliteration or other marking or feature, each version will be a separate document and you must provide a copy of each version of it to me. Your obligations extend to making a reasonable and proportionate search for any version(s) to include an obligation to recover and preserve such version(s) which are now in the possession of a third party.

 

In accordance with CPR 31.15© I undertake to be responsible for your reasonable copying costs incurred in complying with this CPR 31.14 request.

 

If you require more time in which to comply with this request you must tell me in writing. You must tell me before the time for compliance with this request has expired. In telling me you require more time you must tell me what steps you have taken and propose to take in order to comply with this request and also state a date by when you will comply with this request. In addition your statement must be accompanied with a statement that you agree to an extension of the time for me to file my defence. Your extension of time must be not less than 14 days from the date when you say you will have complied with my request and you must state the new date for filing my defence.

 

If you are unable to comply with this request and believe that you will never be able to comply with this request you must tell me in writing.

 

Please note that if you should fail to comply with this request, fail to request more time or fail to agree to an extension of time for the filing of my defence, I will make an application to the court for an order that the proceedings be struck out or stayed for non-compliance and a summary costs order.

 

I do hope this will not be necessary and look forward to hearing from you.

 

yours faithfully

 

I have added the bit about it being set aside does it look correct, also should the CLAIMANTS name be put as freemans plc or weightmans,the claimaint is down as freemans plc on the court form. Also should I put the date down as the 5th when I received the forms or the issue date & finally should I put the court claim number as the case number or the weightmans reference for the case number? phew, so many questions

[the_shadow]

Ok, as per PM.... standard holding defence with a couple of words added..

 

IN THE XXXXXXXX COUNTY COURT

CLAIM NO.XXXXXXXX

 

Between

Freemans Plc

Claimant

and

Planetdebt

Defendant

 

 

1. I, Planetdebt of ************** make this statement as my defence to the claim brought by **************
   
2. The claimants particulars of claim are vague and fail to disclose any cause of action, they appear to be an abuse of the process in that they fail to deal with the basic rules of pleading in accordance with the CPR.
   
3. Defendant notes that Under CPR 16 part 7.3 “where a claim is based upon a written agreement; (1) a copy of the contract or documents constituting the agreement should be attached or served with the particulars of claim”, no such document or contract was attached to the Particulars of claim served by the claimant.
   
4. A request under CPR 31.14 has been sent to the claimant’s solicitors on xx/xx/xxxx requesting information that the claimant will rely on. If the Defendant had been allowed to acknowledge the claim the claimant would have had time prior to AQ to meet its requirements under CPR 31.14.
   
5. Without clarification of the claimants claim, the defendant is extremely disadvantaged and the claimants claim appears without merit, the defendant asks to be allowed to submit a fully particularised defence should the claimant provide copies of the original documents he will rely upon.
   
6. Further to that above 5 paragraphs, the defendant is unable to plead effectively or at all. The defendant is embarrassed.
   

 

Statement of Truth

 

I xxxxxxxxxxx, believe the above statement to be true and factual

 

Signed .....................

 

Dated this xx day of xxxxxx, 2009

Questions are:

 

a) Do you need to Mention about the CCJ, assume not as this would be the defence you would have put in had proper process been applied.

b) Do you need to mention about the supposed admittance of the claim that weightmans say they have received, again assume not as above and disclosure of this "admittance" should be requested at hearing stage I suppose?

 

PD..... (you have till xx August to file so Please dont do anything with this defence until others have commented on it first.

 

S.

[planetdebt]

I thought id let them know what fonts I used , sorry I copied into word to edit and when i copied and pasted it back onto the forum the extra font bits appeared.

[planetdebt]

Ok, as per PM.... standard holding defence with a couple of words added..

 

 

Questions are:

 

a) Do you need to Mention about the CCJ, assume not as this would be the defence you would have put in had proper process been applied.

b) Do you need to mention about the supposed admittance of the claim that weightmans say they have received, again assume not as above and disclosure of this "admittance" should be requested at hearing stage I suppose?

 

PD..... (you have till xx August to file so Please dont do anything with this defence until others have commented on it first.

 

S.

 

Thanks shadow that looks like a great defence, I will wait for some comments on it but thank you, especially for incorporating the fact that the claim is based on the agreement

[the_shadow]

 

I have added the bit about it being set aside does it look correct, also should the CLAIMANTS name be put as freemans plc or weightmans,the claimaint is down as freemans plc on the court form. Also should I put the date down as the 5th when I received the forms or the issue date & finally should I put the court claim number as the case number or the weightmans reference for the case number? phew, so many questions

 

change "getting this judgement set aside" to "requesting this judgment is set aside", sounds better if a judge reads it.

 

Claimant is as per the name on the POC so freemans plc.

You need to put the date you received the forms, which just happens to be one day prior to judgment I believe.

I would personally put court case number after the xxxx vs xxxxx bit and then underneath possibly put YOUR Ref: xxxxx.

 

S.

[planetdebt]

change "getting this judgement set aside" to "requesting this judgment is set aside", sounds better if a judge reads it.

 

Claimant is as per the name on the POC so freemans plc.

You need to put the date you received the forms, which just happens to be one day prior to judgment I believe.

I would personally put court case number after the xxxx vs xxxxx bit and then underneath possibly put YOUR Ref: xxxxx.

 

S.

 

Thanks, ok I will change to "requesting",regarding the forms no the 5th is when I got the form and the same day they had rule the judgement 5th,

Edited August 13, 2009 by planetdebt
spelling error I noticed

[the_shadow]

Thanks, ok I will change to "requestin",regarding the forms no the 5th is when I got the form and the same day they had rule the judgement 5th,

 

Even better as this type of claim isnt applicable for pre-commencement admissions according to CPR14 and I believe admissions need to be in writing so unless you couriered something around to them.......

 

 

S.

[planetdebt]

:DRe= so unless you couriered something around to them.......

 

 

 

lol, I contacted fedex & told them I felt so bad I had made weightmans go through all this trouble by requesting a CCA & asked fedex to get the admission back to weightmans before I actually received the form so weightmans wouldnt be stressed anymore.

[the_shadow]

Added new paragraph...

 

IN THE XXXXXXXX COUNTY COURT

CLAIM NO.XXXXXXXX

 

Between

Freemans Plc

Claimant

and

Planetdebt

Defendant

 

 

1. I, Planetdebt of ************** make this statement as my defence to the claim brought by Freemans PLC
   
2. The claimants particulars of claim are vague and fail to disclose any cause of action, they appear to be an abuse of the process in that they fail to deal with the basic rules of pleading in accordance with the CPR.
   
3. Defendant notes that Under CPR 16 part 7.3 “where a claim is based upon a written agreement; (1) a copy of the contract or documents constituting the agreement should be attached or served with the particulars of claim”, no such document or contract was attached to the Particulars of claim served by the claimant.
   
4. A request under CPR 31.14 has been sent to the claimant’s solicitors on xx/xx/xxxx requesting information that the claimant will rely on. If the Defendant had been allowed to acknowledge the claim the claimant would have had time prior to AQ to meet its requirements under CPR 31.14.
   
5. The defendant has been unable to acknowledge service on this claim due to the claimant gaining judgement the same day the claim form was received. It is denied that an admittance of the claim was given to the claimant and the claimant is put to strict proof of said alleged admittance.
   
6. Without clarification of the claimants claim, the defendant is extremely disadvantaged and the claimants claim appears without merit, the defendant asks to be allowed to submit a fully particularised defence should the claimant provide copies of the original documents he will rely upon.
   
7. Further to that above 6 paragraphs, the defendant is unable to plead effectively or at all. The defendant is embarrassed.
   

 

 

Statement of Truth

 

I xxxxxxxxxxx, believe the above statement to be true and factual

 

Signed .....................

 

 

Dated this xx day of xxxxxx, 2009

See what others think....

 

S.

Edited August 14, 2009 by the_shadow

[planetdebt]

Thanks shadow, defence looks brilliant to me hopefully someone will comment on it.

[planetdebt]

Hi, is it ok for me to send in this defence because I need to send it in tomorrow so it gets their on time.

 

PD

[the_shadow]

Hmm, it just worries me about the CCJ already obtained

 

As to the PM, I would suggest you set up a new thread for each case, I know they are linked but if they do issue claims it'll be seperate cases and you'll need to keep the relevant advice on each thread.

 

If you open up a new thread and put the details in there I'll respond to the letter that you've pm'd me about on thread.

 

S.

[planetdebt]

ok shadow, should I post regarding the other cases in the debt collector section as a claim hasnt been issued yet?

 

PD

[the_shadow]

ok shadow, should I post regarding the other cases in the debt collector section as a claim hasnt been issued yet?

 

PD

 

Yep I think thats a good idea.

 

S.

[the_shadow]

PD, did you file the defence?

 

Cant see any other threads yet, can you drop me a PM once you've added it and I'll take a look.

 

S.