Court Defence - Help Needed

[PGH7447]

who is the sol

[mcflipflop]

The solicitors are SCM in Hove. The defence I posted online was contesting the full amount. I haven't received annything from the court other than an acknowledgement of my defence.

[PGH7447]

so it was a full defence, then either contact the OC with a payment plan or wait for the AQ

 

I got all the way to a court date being set with cl finance and howard cohen before they pulled out with an offer to me due to their handeling of the situation

[mcflipflop]

So todays deadline has nothing to do with the court? Should I ring the solicitors anyway just so that I have made contact by the date they wanted?

[mcflipflop]

Also, just to clarify my defence was an embarrassed defence as I didn't have any of the paperwork at the time. Not sure if this makes any difference? Thanks for the help so far, really making me feel a lot better about this now.

[PGH7447]

would not harm I suppose, also ask them why they have sent you a N9A when your defence has already been filed when you ackonwledged the claim

[mcflipflop]

This is my original defence submitted online.

 

1. I.....the defendant in this action and make the following statement as my defence to the claim made by Lloyds TSB Bank PLC.

 

2. 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.

 

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

 

4. 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 even allowing for the constraints of the bulk issue system

 

a) 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.

 

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

 

5. Notwithstanding matters pleaded, it is denied that the Claimant has established a cause of action or that the claimant has a valid claim against the defendant.

Consequently, it is proving difficult to plead to the particulars as matters stand.

 

6. On the 5th November 2009 I wrote to SCM Solicitors requesting a copy of the Credit Agreement pursuant to section 77(1) Consumer Credit Act 1974 . No reply has been received from SCM Solicitors or Lloyds TSB Bank.

 

 

7. Further to the case, on 5th November 2009 I requested the disclosure of information pursuant to the CPR 31.14, which is vital to this case from the claimant.

 

8. The claimant has not replied

 

9. The courts attention is drawn to the fact that the without disclosure of the requested documentation pursuant to the Rules I have not yet had the opportunity to asses if the documentation which the claimant claims to be relying upon to bring this action even contains the prescribed terms required in Consumer Credit Act

 

 

10. The claimant is therefore put to strict proof that such a compliant document exists

 

 

11. 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.

 

12. The Defendant denies that there has been any failure to make payment in accordance with the alleged contract. The Claimant has failed to produce a copy of a credit agreement in the requisite timescale/at all, 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.

 

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

 

14. 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.

 

15. Alternatively, Should the court order the claimant to produce the necessary documentation. I will then be in a position to file a fully particularised defence and counterclaim and will seek the courts permission to amend my statement of case accordingly.

 

Now that they have provided the info - or most of it, is this the reason they have requested I file my defence?

[PGH7447]

OK standard embarrassed defence, did you wait until the last minute for the cpr request to be fulfilled before submiting the defence, ie did they not respond until after your defence was required?

 

If yes then this defence still stands

[mcflipflop]

That's right, I posted the defence on the last possible day according to my calculation, the court papers were dated 18/10. I filed acknowledgement of service on 29/10 and defence on 18/11. Their letter is dated 20/11, sent first class, but not received until after deadline for submitting defence. Hopefully all this means that I don't have to submit anything else to the court at this stage.

[PGH7447]

thats it then, call them and say their response to your cpr was made after the court deadline for a defence so the defence submitted is the one they have, if they want a defence re-submitted thn you are willing to do this but the time scales given is both unrealistic and unreasonable, at the same time mention that you are willing to discuss a payment plan

[mcflipflop]

Thanks PGH I'll give them a call and let you know what they say.

[Undercover-Elsa]

Thanks from me, too, PGH for your help with this.

[PGH7447]

happy to help, hope all goes well and thanx for the rep Elsa

[mcflipflop]

Well my case worker at SCM isn't available now till Monday, so I will try again then and post up the response. Thanks again everyone for your help and encouragement.

[PGH7447]

thats handy, I would question that, but see what they say on Monday

[mcflipflop]

Managed to speak to the right person. I have to send them in an income and expenditure form for them to consider and forward on to Lloyds for a monthly payment proposal. They asked if I was withdrawing my defence and offering a monthly payment instead. I wasn't sure what they meant by this so I just said I was offering a monthly payment out of court. I'll send them my expenditure form and see what happens next.

[PGH7447]

just check the court, see if they withdraw, sometimes they say one thing and do another

[mcflipflop]

OK thanks PGH. Do I need to phone the court to check this? There's nothing on the online system.

[PGH7447]

if the case has been passsed to your local court then phone them

[mcflipflop]

Well the case has been transferred to my local court and I have received in the post an AQ form. Does this mean they aren't going to consider settling out of court or are they just hedging their bets and carrying on with the court process. Either way I think I will need a bit of help filling in the AQ as it looks pretty daunting to me. Thanks

[mcflipflop]

My AQ needs to be returned by 7th and I'm still not sure what to put in it. I've been looking through the site, but am just getting myself more confused. Anyone able to help with this? It is an N150 form. Firstly, should I complete section A yes to wanting to settle now and ask for a one month stay if they will accept my offer of a monthly payment or does this mean settlement of the full amount? Not sure about this.

Section B i intend to say yes as it is local for me to attend in person.

Section C Pre Action protocols - don't know what they are?

Section D - full amount in dispute, although not sure on what grounds now? Applications - No. Witnesses - No. Experts - No. Track - not sure but fast track looks most likely.

Section E - not sure, but my last uncontested ccj meeting was about 10 minutes.

Section F - really don't know what to put here.

Section G - leave blank?

Section H - do I have to pay a fee for this?

Section I - not sure if I need to attach any documents, such as copy of my DN or is it best to not use this as it looks compliant?

Any applications in the immediate future- don't think this is relevent?

 

Any info or guidance would be much appreciated. thanks.

[mcflipflop]

I could really use some help if anyone is able to. Thanks

[mkb]

This is what Andyorch advised for my N150.

 

Have you sent a copy of this completed form to the other party Yes

 

A. SETTLEMENT

 

For All

 

1. Given that the rules require you to try to settle the claim before the hearing, do you want to attempt to settle at this stage?

 

Yes

 

Reasons: Without production of the requested documents, I am at a disadvantage and am unable to negotiate a settlement without the full facts.

 

B. LOCATON OF TRIAL

 

Is there any reason why your claim needs to be heard at a particular court? NO

 

C. PRE-ACTION PROTOCOLS

 

You are expected to comply with the relevant pre-action protocol.

 

Have you done so? No

 

If No, explain why?

 

This case is not covered by any approved protocol; I have tried to act reasonably in exchanging information and documents relevant to the claim but have had no response from the claimant in this regard.

 

 

 

D. CASE MANAGEMENT INFORMATION

 

What amount of the claim is in dispute? £XXXXXX (amount less court fee/sol fee

 

Applications

Have you made any application(s) in this claim? NO

 

Witnesses

 

Xx xxxxx All the facts in the case (yourself)

 

ExpertsNo

 

TrackFast Track

 

If you have indicated a track which would not be the normal track for the claim, please give a brief reason for your choice:

 

Its is respectfully requested this case be allocated to the Fast 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.

 

 

E TRIAL OR FINAL HEARING

 

How long do you estimate the trial or final hearing will take? 3 Hours

 

Are there any days when you, an expert or an essential witness will not be able to attend court for the trial or hearing? YES

 

 

 

F PROPOSED DIRECTIONS

 

Have you attached a list of the directions you think appropriate for the management of the claim? Yes

 

If Yes, have they been agreed with the other party? NO

 

G COSTS

 

Leave blank

 

H Fee

 

I OTHER INFORMATION

 

Have you attached documents to this questionnaire? YES

 

Have you sent these documents to the other partyYES

 

If Yes, when did they receive them?

 

Do you intend to make any applications in the immediate future?YES

 

If Yes, what for?

 

An order seeking the Claimants compliance with information previously requested.

 

In the space below, set out any other information you consider will help the judge to manage the claim.

 

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

 

Its is respectfully requested this case be allocated to the Fast 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.

 

___________________

 

DRAFT ORDER FOR DIRECTIONS

 

 

 

 

In the ************* County Court

Claim number **********

 

 

Between

 

 

 

************* - Claimant

 

 

 

 

and

 

 

xxxxxxxxxx - Defendant

 

 

 

 

Draft Order for Directions

 

 

 

The Claimant shall within 14 days of service of this order send to the Defendant and to the Court:

• 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 and 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.
  

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

[mcflipflop]

Thanks mkb. The only document they haven't supplied me with is the default notice so presumeably I will just remove the other documents mentioned in your version, but not sure if this is enough to make a case?

[mcflipflop]

If I say I want to settle now in section A , is it usual to request a stay for one month does anyone know. I'm hoping that this will give them time to agree my payment plan offer.