help needed please. how do i respond to county court claim**Resolved**

[missmop]

hi all. sorry if this appears in the wrong part of the website but very new here.

 

Last year a friend loaned me a phone which i agreed to pay the bill on. Shortly after this i wasnt working and so was unable to pay. I explained this to my friend and asked her for more time to pay which she wouldnt allow saying that she would take me to court insted.

 

I havent spoken to her since, due to an ongoing work issue in which i was advised not to make contact with her as i was suspended due to an incident involving her (no fault of my own and continued to keep my job)

 

wednesday i receive court papers and she is claiming £1000, plus costs of £60. I do admit that i owe her a sum of money but havent a clue how much, Im very sure nothing near the £1000 mark!!

 

I spoke to an advisor yesterday who gave me alot of info that i was desperatly trying to take note of but remain a little confused.

 

He suggest that i write to my now ex friend asking for proof of the bills before i decide if i defend or agree to the amount owed. I plan on doing this today, but how long do i give them to reply? if i give 14 days it means i will be sending court papers back late and a judgement ordered against me anyways. If he dosent reply do i state this as my defence saying i agree to owe some monies but have been unable to abtain proof?

 

Any advice greatfully received.

And before any of you say so YES i should have paid the bill from the start, but with a few disasters i had i just couldnt!! my main concern was keeping a roof over mine and my daughters head

[missmop]

hi all. sorry if this appears in the wrong part of the website but very new here.

 

Last year a friend loaned me a phone which i agreed to pay the bill on. Shortly after this i wasnt working and so was unable to pay. I explained this to my friend and asked her for more time to pay which she wouldnt allow saying that she would take me to court insted.

 

I havent spoken to her since, due to an ongoing work issue in which i was advised not to make contact with her as i was suspended due to an incident involving her (no fault of my own and continued to keep my job)

 

wednesday i receive court papers and she is claiming £1000, plus costs of £60. I do admit that i owe her a sum of money but havent a clue how much, Im very sure nothing near the £1000 mark!!

 

I spoke to an advisor yesterday who gave me alot of info that i was desperatly trying to take note of but remain a little confused.

 

He suggest that i write to my now ex friend asking for proof of the bills before i decide if i defend or agree to the amount owed. I plan on doing this today, but how long do i give them to reply? if i give 14 days it means i will be sending court papers back late and a judgement ordered against me anyways. If he dosent reply do i state this as my defence saying i agree to owe some monies but have been unable to abtain proof?

 

Any advice greatfully received.

And before any of you say so YES i should have paid the bill from the start, but with a few disasters i had i just couldnt!! my main concern was keeping a roof over mine and my daughters head

[ScarletPimpernel]

I've unapproved 3 other threads with the same question - please stick to one thread.

 

Firstly, it will be helpful if you can tell us what the Particulars of Claim are - this will be on the claim you received.

 

Secondly, what has happened to the phone?

 

It looks as if you will need to either make a request for more information under the Civil Procedure Rules, or submit a holding defence to give you more time.

[missmop]

sorry....i kept getting a error message saying thread hadnt been posted then when i looked they were all there

 

Paticulars of claim are ''i am claiming for over due bills and phone to the amount of £1000"

I offered to post the phone back in september of last year, she refused saying she didnt want it to be posted tho i would have sent it recorded mail.

 

As i said before i do owe a figure for the bills, but i have never received any paper copys of the bills. there has been no contact between the two of us since before christmas. If it does turn out to be £1000 i am willing to pay this all be it thru instalments, i just want to see proof myself.

 

Also what is a holding defense. im real sorry if i sound daft but never been in a situation like this, i have no idea how small claims courts work etc

[ScarletPimpernel]

The Particulars of Claim aren't precise enough to enable you to either submit a defence or admit the claim.

 

A holding defence is one that states that due to the unsufficiently particularised claim, you aren't able to submit a proper defence.

 

I am not a expert in these, but I am sure that one of our resident experts will be along soon to help you.

 

In the meantime, can you say whether or not you have had:

 

- an agreement in writing regarding the loan of the phone

 

- any bills or statements at all

 

- you made any offer to pay or return the phone in writing, or have a record (e.g. text message) of such offers

 

 

In general, Courts are supposed to be a last resort, so if you can prove that you offered to return the phone and to pay the bills (albeit in instalments), the court is likely to take a dim view of this action.

[missmop]

I will try and keep this as short as possible but i want to give you the full details.....

 

I first tried to seek some advice for this via this website back in march but my computer then gave up working so was unable to see any advice given so i followed the advice of 'over the phone' legal advice national debtline provided the phone number for.

 

march 2011- i was taken to court over a mobile phone contract that i had taken over from a friend. There was a fallout (i wont go into detail) but ex friend would never send me an bills, she just took me to court.

paticulars of claim read as follows -

 

I am claiming for over due bills and iphone to the amount of £1000. in june 2010 xxxxxtook over a iphone contract in my name agreeing to pay the line rental, insurance and any other amount she ay be billed for, for usage. she paid the first month without fail and on time but failed to pay any other bill. i contacted her about tis in september, she said she was going thru hard times and being the understanding person i am agreed to give her a extra month to pay. the month came and she didnt make payment. I feel i have given xxxxxx enough oppertunity to pay the bills. xxxxx have noe handed the contract to debt collection agency and which i am paying them monthly.

 

 

I responded to the above claim using the advice given to me by the place national debtline provided the phone number for (sorry cant remember the name)

 

Their advice was to write to the claimant via recorded delivery requesting bills which i did.

These bills never arrived.

 

Then i was told to respond to the court papers by filling in the part admission. They told me to write unknown in the amount box as i had no proof. I also need the bills as first month bills will see i paid for the phone as it was insurance replaceent and i paid for the handset.

 

So i did all that was advised to me (i have no idea if this was the right way to respond or what i have no clue as to small claims court and the best way to handle anything)

 

27th of april arrives and i get a letter off the claimant.

It is a photo copy of the 'notice of part admissin form' where she has ticked the box to say she DOES NOT acept my part admision.

Also in the envelope there was a letter sent to her from moorcroft debt recovery. This letter states re:orange personal communications and has a amount she has circled on it stating £790.

 

I have still received no bills. There is no other refrence on the debt recovery letter apart from the one between her and moorcroft. how do i even know its for the phone i used??

 

I am not trying to wrangle out of this debt, i just want to see proof, and obtain the evidence that will show a judge or whoever that i actually paid for the handset.

 

Any ideas on what will happen next? or any advice on what steps i should take??

 

thankyou very much for taking the time to read

[missmop]

evening all.

 

I have been taken to court by a ex friend about a mobile phone bill.

I defended the claim because she wouldnt provide me with any bills as proof. I know i owe a sum of money, and added this in my defence writing unknown in the amount box as she ignores recorded delivery requests etc for copys of the bills.

 

After she was informed of my defence she wrote to me recorded delivery and there was a moorcroft debt collection letter in the envelope. She states that it is for the phone but theres no refrence on the letter it just says they are acting on behalf of the network but i know she has a number of phones with the same network so how do i know for definate its for the same one i had?

 

Anyway i have this morning received the allocation questionnaire and was wondering if people could answer some questions for me please.

 

*If this goes to court and i loose (which i will as i do admit to a sum of money but i dont know how much) am i liable for costs?

 

*Would there be much point in writing in the 'other information' box that i feel as tho she is acting unfairly? she hasnt co-operated with me from the start in providing me with any bills. I think thats it is to burden me with more costs if it goes thru the full court process.

 

Any other information would be greatly received. I want to get this issue resolved with as little costs and hassle possible, but she is in my eyes preventing this by not co-operating with the bill requests

 

thanks for taking the time to read

[The Mould]

evening all.

 

I have been taken to court by a ex friend about a mobile phone bill.

I defended the claim because she wouldnt provide me with any bills as proof. I know i owe a sum of money, and added this in my defence writing unknown in the amount box as she ignores recorded delivery requests etc for copys of the bills.

 

After she was informed of my defence she wrote to me recorded delivery and there was a moorcroft debt collection letter in the envelope. She states that it is for the phone but theres no refrence on the letter it just says they are acting on behalf of the network but i know she has a number of phones with the same network so how do i know for definate its for the same one i had?

 

Anyway i have this morning received the allocation questionnaire and was wondering if people could answer some questions for me please.

 

*If this goes to court and i loose (which i will as i do admit to a sum of money but i dont know how much) am i liable for costs? Yes you would be liable for the claimant's costs.

 

*Would there be much point in writing in the 'other information' box that i feel as tho she is acting unfairly? she hasnt co-operated with me from the start in providing me with any bills. I think thats it is to burden me with more costs if it goes thru the full court process.

 

Any other information would be greatly received. I want to get this issue resolved with as little costs and hassle possible, but she is in my eyes preventing this by not co-operating with the bill requests

 

thanks for taking the time to read

 

Hello missmop

 

You can file a Draft Order for Directions with your AQ, whereby you seek disclosure of copy of the bill that the claimant relies upon in support of the claim and any other subsequent documents relied upon in order that you may settle the dispute. You agree that a sum of money is owed, but the claimant is not releasing information to detail the sum amount owed, the claimant is withholding documents that could potentially enable a resolution to this matter without the need to litigate any further.

 

The claimant is being unreasonable and when it comes to costs in the case, such unreasonable conduct will be taken into account by the court when deciding upon any costs, if any costs should be awarded.

 

I hope that will help somewhat, you should also inform the claimant that you will bring his/her unreasonable conduct to the attention of the court.

 

Kind regards

 

The Mould

[missmop]

thankyou very much for your reply it has helped me a great deal

[missmop]

Hi all. I will give you a brief rundown in a claim against me in the small claims court. Please do not judge me

 

 

Back in April a ex-friend put in a claim at Northampton courts for a contract phone I had borrowed for a number of months then for a few reasons I had been unable to pay. I was unable to successfully resolve any issues with ex in getting this payed due to threatening nature and them getting my workplace involved and nearly getting me the sack.

 

When I received the claim I contacted the claimant asking for copy's of phone bills to clarify the amount they were asking for (I had never been able to do this previousley as they refused to give me there adress and had moved

shortly after the breakdown of friendship) I never got any response to my request so had to fill in a partial defence

and write in the amount box unknown.

 

 

The claim was then transferred to my local court. I filled in the papers stating I agree a sum of money is owed but the claimant was withholding information that would enable a resolution to the matter. I also sent a copy to the claimant.

 

Since getting a date for court (26th of august) I contacted the mediation service for their help in getting things sorted without the need of court.

 

Mediation have informed me that they have written to the claimant on three occasions with no response.

 

Then last week I receive the phone bills I first requested back in April and the do tally with the amount claimant is asking for.

 

Court is set for 26th of this month and I really want to avoid this at all costs. I understand I can make a defence via post, but I need a bit of advice in doing this please. I am happy to pay the amount claimed all be it in instalments. But I also wish to get my point across that I attempted to resolve this long before it needed to be transferred to my local court.

 

Any help is greatfully received. Thankyou for taking the time to read.

[postggj]

26 of this month

 

is that the trial date or date a defence has to be in by

 

 

did the claimant send you a letter before action prior to the claim

[missmop]

It's the trial date. I filled in a defence Using the pack my local court sent me. But now thing have changed, ie receiving the bills since my defence was issuesd.

 

No letter before action, threats of court sent to my partners Facebook inbox a number of months before the claim was made with Northampton.

[postggj]

So no formal pre action protocol

 

i would have this thrown out on lack of cpr (civil proceedure rules)

 

you need to get a witness statement into the court and send a copy to your ex asap by recorded delivery

[missmop]

In my witness statement should I also Provide all details of myself trying to resolve this since first getting the claim ? I have done everything via recorded mail And the mediation service has been good enough to provide me with a letter that states they have had no response from the claimant.

 

Should I put a covering letter in stating this as my defence or should I call it a witness statement.....very silly question I know but I never know how to write things down if you get me, I know what I want to say in my head but it's 'wording it I have a problem with.

 

Many thanks for your help

[postggj]

I think it is a bit late ref a defence

 

a witness statement would surfice

 

but keep it simple and factual

[missmop]

Thanks for your advice. If I prepare a witness statement would you be willing enough to maybe take a read of it an give me any pointers if I was to put it on here?

 

In the witness statement I assume I just put something along the lines of no letter was received before action therefore the claim has been issued outside of civil procedure rules?

 

Do I need to include my recorded letter of request for evidence I asked for back when this was first with Northampton court? it is my personal view that the claimant has been unhelpful in resolving this without the need for us to attend court, in a way of getting some gratification of some sorts.

 

Thanks

[postggj]

Post up your witnes statement and ill go over it

 

 

REQUEST THE CLAIM BE STRUCK OUT AS NO PRE ACTION PROTOCOL WAS DONE OR LETTER BEFORE ACTION

[missmop]

just another question....sorry

 

i have seven days until before the hearing date to write to the court to choose not to attend. it says that the district judge will hear the case in my absence but will take account of my statement of case and any other documents filed.

 

Reading that it seems i may still be in time for submitting a defence (i will be getting it in by tomorrow dinner time) so do i go ahead with witness statement or file a defence ?

 

sorry for all the questions but i really do appreciate all your help

[postggj]

Go for the defence if you wish

 

the defence needs to be exchanged with the claimant and a copy sent to the court as well

 

you can mitigate by stating that you have only just had the docs sent you

 

when in court, you can also ask the judge to adjourn also to prepare your defence

 

he can only say no

[missmop]

re - claim number 123456654321

 

my city court building

 

claimant - ex

 

defendant - me

 

 

 

I request that the above case be struck out as the claimant failed to follow pre-action protocol.

 

The claimant failed to pre-advise me of any court action by any means and i received no letter before action regarding the above claim.

 

 

 

The first time i was aware of any court action was when the claim was issued on the 25th march 2011 via money claim online.

 

this is all i can think of putting or do i add the points of myself attempting to ressolve before this was assigned to my local courts?

 

i really am clueless when it comes to all of this so please forgive me and any fustrations you have with my dimness (i get fustrated by myself on a daily basis lol )

[postggj]

Give me half an hour

[missmop]

thankyou ever so much your a *star*

[postggj]

IT SEEMS NEW LEGISLATION HAS COME INTO FORCE

 

Failure to comply with the new Direction may result in staying proceedings until directions have been met or ordering that the party at fault pays the costs or part of the costs. Parties may also be required to explain what steps were taken to comply with the practice direction prior to commencement of the claim.

 

 

CAN THE SITE TEAM COMMENT

 

 

I STILL SAY IT IS AN ABUSE OF PROCESS

[missmop]

i have been busy tapping away at my keyboard putting together letters i am going to hand into the court tomorrow. as i wrote earlier i really want to avoid the need to attend court on the 26th as i have alot of issues at home going on at the moment (childs health ) so im hoping they will accept these as a written defence if thats what it is called, i will also be mailing a copy to the claimant first thing via recorded first class.

 

please could you take a read through and let me know if it reads ok. i will copy and paste the letters minus the evidence i am submitting (the evidence is just receipts and copys of recorded mail letters i have sent). Im going to have to copy and paste as i am unable to get the attachments thing working

 

 

 

 

 

 

 

 

case number xxxxxxxxx

I have aimed to resolve this issue from the start.

 

It is my view that the claimant has been unfair and unwilling to co-operate since the start of the claim. As i stated earlier no letter before action was ever received therefore the claimant acting against civil procedure rules.

 

The claimant had the option to resolve this matter in the first instance when she received my request for bills on the 4th of April 2011. The claimant was fully aware i would be unable to access these bills as the phone had been cut off around november 2010 and as the claimant was the named person on the phone contract all bills where sent to the claimant address.

 

The claimant was also aware i was requesting these bills when she received a copy of my defence from Northampton courts.

 

 

 

On receiving the bills i did contact the mediation service provided by the courts but the claimant has declined the mediations offer in helping resolve this matter.

 

As the bills do in fact sum up the amount the claimant is asking for i now admit liability, but i ask the courts to take into consideration all the facts and evidence that i have presented with this letter. It is my view that the claimant should be made liable for any costs incurred by this being assigned to the small claims track at xxxxxxx county court as she has failed to co-operate in getting this issue resolved before the court date.

 

 

 

I ask the courts to allow me to pay the debt due to the claimant by instalments of £1 every calendar month. I have enclosed a personal budget sheet put together with the advice and help of national debtline. that outline all of my financial commitments and my priority debts.

[missmop]

just to add i have also put together a covering letter as notice to the court i do not wish to attend but asking they take into consideration the enclosed documents as my statement of case and evidence