Urgent Help Needed Please - Bryan Carter Have issued a Judgement What Do i Do

[caro]

I haven't read your whole thread yet, but a few points that need to be included in your defence are:-

 

1. Owing to the issue of PPI the amount of the claim is in dispute, so action should not be taken and the claim struck out.

 

2. Credit card charges are still claimable, so if the amount of the claim includes charges (have they provided a breakdown of the amount claimed ?) then that throws further doubt on the amount claimed, and further reason to dispute the account and amount they claim is owed.

 

3. As you are in an agreement with CCCS, you are already paying all that you can reas onably afford based on your current income and expenditure. (Did they get a copy of this when they were contacted about your DMP)?

 

4. If egg/BC get judgement, they will have an unfair advantage over all your other creditors who have already agreed to reduced payments, presumably based on your current income and expenditure.

[caro]

Im hoping someone can help with a defense write up for me as its all way over my head, even after reading up on the links FG gave me. Anyone an expert on this kind of thing?

 

The vast majority of us are novices when it come to this kind of thing wilchy. I don't want to sound harsh, but this is a self-help site.

 

Just write down as best you can what you think needs to be in your defence. Put it into numbered paragraphs, with a space between each paragraph.

 

Don't worry about getting it into legalese, just put it in your own words and post it on your thread, and I'm sure the good people helping you will offer advice and suggestions to make it as good as possible.

 

When it comes to court you will need to be able to deal with this yourself, and you will be much better prepared if you start with your defence yourself now.

 

Don't worry how basic it is, but include every reason why the claim is wrong in your opinion and make sure you answer every point in the POC.

 

Is the POC posted on the thread somewhere?

[caro]

3. The Claimant claims interest pursuant to section 69 of the County Courts Act, 1984 which the Claimant should surely know they are not entitled to by virtue of the County Courts (Interest on Judgment Debts) Order, 1991 (SI 1991 No. 1184 (L. 12)) in particular section 2(3)(a), which clearly prohibits such an award

 

Put this as your last para

 

Don't forget this bit.

 

Also you will need a statement of truth at the end. This is from the CPRs:-

 

Part 22 requires a defence to be verified by a statement of truth.

2.2

 

The form of the statement of truth is as follows:

‘[i believe][the defendant believes] that the facts stated in this defence are true.’

 

 

I won't be online again until tomorrow night but it's looking good to me, and looks like you're getting some great help.

[caro]

Well done Wilchy. As fg says it is just the first step, but you have taken it yourself with a little help. This site is very empowering and it feels great when you achieve something that you never thought you could.

 

Now keep up the good work.

[caro]

Many of the statutes or Acts of Parliament which are often useful for caggers can be found in the sites statutes library. http://www.consumeractiongroup.co.uk/forum/content.php?66-statute-library