Embarrassed defence and summary judgement

[nj484]

I received court papers and to cut a very long story short - send a sar and cpr request - no response.

 

Submitted an embarrassed defence and allocation questionnaire. Claimant failed to submit their allocation questionnaire on time so dj wrote and gave them additional time, of which they submitted it on the last day.

 

In addition they sent with the copy of the allocation questionnaire several letters (never seen before) suggesting they had tried to chase this debt 2 years ago - then nothing for 2 years. No letter was sent warning about legal action and a letter stating several figures that did not make sense.

 

I also asked for a signed agreement relating to the account - they sent me 2 pages of 2010 terms and conditions with one page clearly missed out! This did not apply to 2006-2008. In their letter they stated that the signed agreement was irrelevant and that they would agree to a months stay to negotiate and not go for a summary judgement yet but they feel the defence has no chance of success.

 

Therefore my questions are:

- I have not been given the opportunity to file a defence because of their failure - what should I do?

-Do they have to provide a signed agreement with relevant terms and conditions?

- Why did they not go straight for a summary judgement if they felt no defence was offered?

- Do I write a letter to the dj to explain / communicate with the claimant directly/ use an N244?

 

I just need some ideas into what they are thinking - they seem to be playing games and am not sure how to deal with this please.

[cymruambyth]

In your embarrassed defence did you include a line requesting the court's permission to submit a new defence if the requested paperwork appeared. If you did them I believe you have a limited time in which to submit a defence.

They go for SJ because they can and they can panic people into not defending it.

[nj484]

Yes, I did include this line. How do I submit a new defence? By letter?

[nj484]

Hi can anyone help PLEASE - I did include this line and how long do I have to submit a defence? They are really using tactics for this claim rather than clear evidence.

 

They did not submit the aq until the court gave them an extended deadline and then included some documents with a copy of the AQ -(requested cpr and sar) but only sent it to me three months after my initial request.

 

Therefore my questions are:

- I have not been given the opportunity to file a defence because of their failure - what should I do?

-Do they have to provide a signed agreement with relevant terms and conditions?

- Why did they not go straight for a summary judgement if they felt no defence was offered?

- Do I write a letter to the dj to explain / communicate with the claimant directly/ use an N244?

 

I panicked at first when I received the claim - then felt quite calm and determined to fight this. Now I am concerned tactics of law are being used rather than straight evidence and back to panick mode!!! Would a DJ accept a letter with the points the claimant has failed to address or does this have to be in the form of an amended defence???

[NewToTheFight]

suggestion:

Try issuing a 31.15 request to view, the documents mentioned in their poc, within 7 days.

When they fail use an n244 application to produce the documents or strike out. Reserve the right to change your defence once the documents have been produced

 

This will hopefully bring the original documents out of the woodwork, then you can defend properly or get the case dismissed

[nj484]

Thanks for that. I sent this request on the 23rd March this year - I got nothing back. As I said above the allocation questionnaire had this 'letter' attatched which formed the basis of the poc. The 'letter' does not make sence - was certainly out of the time limit - and lists a load of payments over a 3 year peiod. It states at the end your payments - how much we think you owe =!!! and that is the basis of the claim! If I wrote to the dj stating that they had still failed to provide documents would this be listened to or do you suggest using a n244?

[nj484]

Sorry I meant to add they eventually sent this letter on the 7th June with a copy of the allocation questionnaire which they lodged 2 weeks after mine because of a threat from the dj that if they did not submit it the case would be struck out! N244 the way forward?

[nj484]

N224 should I send it anyone?

[nj484]

sorry I mean N244!

[Zaniwhoop]

I know this is a rather old thread now but as I am in a very similar situation I just wondered how this played out nj484?

[SabreSheep]

Hi Zaniwhoop

 

this thread is over 5 years old.

 

IN order to get help with yoru problem please create a new thread in the appropriate forum and give history of your issue. Things change over time and advice given 5 years ago may not be upto date.

 

I will close this thread now

 

Any problems please contact me or another member of the site team

 

Regards

 

SS