DCA demand old debt without notice from creditor

[louloujs]

Thank you both. Have rung the court today as I've heard nothing. My letter won't be dealt with for another week as they're so behind, so have been told not to worry, the letter will be dealt with before the other side's AQ which has now been filed and the fee paid...

 

Will wait to see what the post brings from the DCA.

[louloujs]

I have now received the order from the court as follows:

 

'The Court has made this order on its own initiative pursuant to Rule 3.3 of the Civil Procedure Rules 1988. Any party affected by this order has a right to apply to set it aside, vary or stay it, by application made not more than 7 days after this order was served on the party making the application

 

It is ordered that:

 

1. Unless the Defendant do file their AQ by 2pm on 28th July 2011 their statements of the case shall automatically be struck out.

2. Defendants must make an application if they seek any further directions or order and such application must be filed with the Court with the Defendants completed and signed AQ.'

 

The day before I received this order my ex and I both received letters from DCA confirming the debt has not been purchased and remains with the School. (Contrary to their threatening telephone call...) They have confirmed the fees apply to the 3 children and not one as inferred by the claim document. They enclosed copies of statements relating to their attendance at school which will be 'filed with court if a full trial proves necessary. Further documents relating to the the matter will be forwarded within the next 14 days.'

 

14 days have passed and I don't have the further documents. So all the invoices, letters, telephone records have not been sent. The first statement relating to two children has a breakdown of fees due with payments set against them, no interest charged and minus a payment that was incorrectly applied to the other account. If that payment was applied I would agree with that statement (as suggested in my Without Prejudice F&F letter which wasn't acknowledged).

 

The second statement has had interest applied (again no T&Cs to enable these charges), a minor insurance charge that shouldn't be there and a charge for the term that my son wasn't there for after he was removed from the school without notice as mentioned in my first post. Also the credit that should be on the other account. In my WP F&F letter, I offered to pay the majority of this sum, less these charges and the bulk of the interest.

 

I thought my offer was incredibly fair given the circumstances but it seems the DCA is keen to pursue this.

 

I am surprised at the tone of the Order, given I am still without the full information and accurate statements. I clearly now have to file the AQ but am unable to say how much of the claim I agree to. The Claimant, meanwhile has filed in his duty to comply with the SAR, CPR 31.14, CPR 15.5 and Part 18 requests.

 

I have a week to prepare and would really appreciate any advice you can offer. Thank you for your continued support.

 

LL

[citizenB]

Will try and find some help for you.

[AndyOrch]

Hi Loulou

 

CB as asked me to look in. Ok firstly I assume your AQ is the N150 (claim over 5K) so it may,see below, Fast Track. Good for disclosure risky on costs..

As this debt is for school fees, the claimant/yourself affords no protection under the CCA1974, as no credit is involved.

Ok the Court was wrong to advise you to write in pre AQ no letters or phone calls are effective once proceedings have commenced.

So hence the order you have received, which reiterates my point, anything you want the court to do outside of the normal proceedings must be in the form of an Application Notice, which is what you should have done rather than write in as you was told. Not your fault but now you are back peddling.

 

So to the AQ Fairly straight forward to complete. ( before you do complete it request a copy of the Claimants from them direct (looking at your case they will ignore) or ask the Court if they could supply a copy.)

 

A Settlement Yes (If this seems pointless considering what you have suffered so far state no) and give a reason at section 4 their none response to CPR/DSAR/FFS

 

B No (already transfered to your local CC)

 

C No your the Defendant but state that you have tried everything to reason with the Claimant with no response.

This is when you need to see the Claimants AQ as they will have ticked yes, all fabrication ,but plenty for you to add to your defence

 

D Is the summons amount (the Debt) you can adjust this to figure you feel it should state

 

Applications Yes (this is were you add your letter but you need to attach it to the N244 and there is a cost £45.) But dont do this yet until we have spoken further.

 

Witnesses Yourself and Ex

 

Experts No

 

Track Small Track (would normally be Fast Track as over 5K but state its easily resolved once the correct figure is agreed)

 

E 2 Hours and complete any date you will not be available if hols etc.

 

F Directions Need to talk about this as I state in D Applications leave blank for now

 

G Leave blank

 

H Leave blank (Claimant pays the fee)

 

I Other Here you can do a condensed version of events synopsis (not your defence) that will benefit you case.

 

 

Ok for now ? Loulou in the meantime you need to find or remember anything you can (ask children's friends parents) about any agreement or paperwork with regards to fees that they may have.

 

Regards

 

Andy

[louloujs]

Hi Andy

 

Thank you so much for this advice. The first thing I'm going to do is to call the court in the morning and ask for a copy of the other side's AQ. I have a few queries on the form, but best if I wait until I have sight (hopefully) of the other AQ so I can tackle it with all the information to hand.

 

I cannot recall signing any T&Cs when the children joined the school, but it was many years ago... It's strange that interest has only been applied to the statements of one child's fees (obviously the DCA has applied interest as part of the claim).

 

The F&F offer I made was very good, about 70% without interest and what I believe are unfair charges. I offered to pay this over a year. If we're given a ccj, our ability to pay it off that fast diminishes dramatically - ex is in finance and cannot trade with a ccj. I've noted the question about a mediation appointment - sounds like a good idea, but I have no idea of the fee and could the OP refuse?

 

Anyway, will attempt to get copy of other AQ in the morning and post then.

 

Thanks once again. Hugely grateful.

 

LL

[AndyOrch]

Hi Andy

 

Thank you so much for this advice. The first thing I'm going to do is to call the court in the morning and ask for a copy of the other side's AQ. I have a few queries on the form, but best if I wait until I have sight (hopefully) of the other AQ so I can tackle it with all the information to hand. Always an heads up and an indication of how they are proceeding and their intentions.If the Court give you any flack and say we dont do that, dont accept it sometimes they do/dont, depends who picks up your request.By rights the claimants should serve you a copy, its the first question on the AQ and common practice in litigation, civil and expected.

 

I cannot recall signing any T&Cs when the children joined the school, but it was many years ago... It's strange that interest has only been applied to the statements of one child's fees (obviously the DCA has applied interest as part of the claim). Are you not still in touch with any of the Parents to confirm their arrangements/ recollections? Obviously no agreement is a big plus in your favor and with regards to the interest, well, means nothing without an agreement!!

 

The F&F offer I made was very good, about 70% without interest and what I believe are unfair charges. I offered to pay this over a year. If we're given a ccj, our ability to pay it off that fast diminishes dramatically - ex is in finance and cannot trade with a ccj. I've noted the question about a mediation appointment - sounds like a good idea, but I have no idea of the fee and could the OP refuse? Always appear to be open to mediation, goes in your favor and also goes against the Claimant when the question of costs arises If they refuse hence the need to see their AQ Read here:-

 

http://www.judiciary.sut1.co.uk/docs/doc_guid/civil/court_mediation_service_manual_v1_jan2008.pdf

 

Anyway, will attempt to get copy of other AQ in the morning and post then.

 

Thanks once again. Hugely grateful.

 

LL

 

Dig on the agreement issue Its vital to their claim

 

Regards

 

Andy

[louloujs]

Hi Andy,

 

I've been to the court today and have a copy of the OP's AQ. No documents attached - is that strange? Does it mean they're just relying on the statements they've sent me with no reference to the 'continued letters and phone calls demanding payment' (which there weren't)...

 

In any event, here are the responses in their AQ:

 

----

 

Have you sent a copy of the form to the other parties - Yes (but they haven't)

 

A. Settlement

 

1. Do you want to attempt to settle - Yes

2. Do you want a one month stay - No

Mediation appointment - Yes

 

C.

 

Complied with pre-action protocols - Yes

 

D

 

Amount of claim is in dispute - £20k (I said part was in dispute in my ack of service, but couldn't give a figure without all the paperwork)

 

Applications - Yes - Summary Judgement

 

Witnesses - Heads of school and DCA

 

Experts - No

 

Track - Multi

 

Disclosure of elec docx

 

1. Have you reached agreement using EDQ - No.

2. Is agreement likely - No

 

E Trial or final hearing

 

How long - blank

 

Various dates unable to attend.

 

F Proposed directions

 

Have you attack list of directions - No

 

G Costs

 

Costs estimated £3200!!!

 

I - Other info

 

Any docs attached - No.

 

Any applications in the future - No

 

-----

 

Questions I'm unsure about, some of which you've thankfully helped with:

 

Assume yes to request for 1 month stay.

Assume yes to mediation appt.

 

C Pre action protocols - This is where you've said I can state my case. Non compliance with SAR, CPRs, Part 18 requests that would have enabled me to produce an accurate figure to part-admit/defend. I've repeated written to the claimant, no responses. Haven't heard anything for 2 years since son was submitted to a very traumatic ejection from the school, because I'd heard nothing, I assumed they were too embarrassed to chase the debt. Why did they just appoint an aggressive DCA instead of sending me a letter which I would have responded to... How much detail do I need to go into for this part?

 

D Case Management Info - I can put a figure in here, but it will involve some guesswork. One statement (for two children) has charged no interest, the other has. I'm still not sure if they can charge interest. There are errors on the statement, a payment that should have been credited to the other account (but balances the same) plus a small queried payment. I could put the amount of my F&F offer, but there was no response to this...

 

Witnesses, myself and ex.

 

Experts - no

 

"Track Small Track (would normally be Fast Track as over 5K but state its easily resolved once the correct figure is agreed)" Can I just add that 'Once the correct figure is agreed, the track can be revised as required"?

 

2 hours - yes.

 

F Directions - will wait for your advice.

 

I Other info

 

Will I be sending attached dox to OP?

Applications? - will wait for advice.

 

In the space below where I add my case synopsis, I would like to refer to the aggressive approach, i.e. why a v aggresive DCA instead of a letter after 2 years? Why no response to any of my letters or request for information. Imagine I can't refer to F&F specifically, but I have repeatedly stated my desire to settle this as soon as possible but with no replies. The DCA told me the debt had been bought, which was a lie and mislead me...

 

Regarding signing any documents that would entitle the school to claim interest, I cannot be sure. None have been produced, I have never received a copy of anything I may have signed. Another parent has said they did not sign anything, not in touch with others. The school's admin is very bad. Should the claimant not have included a copy of T&Cs to be rely on in their claim for interest? If so, could I deduct all interest from the statement sent to me by the DCA in calculating the part I admit? Also, said T&Cs would say if they are entitled to eject a child forcibly without a term's notice and in the manner that they did so. It is important that the school forgot to post the letter requesting a payment before the first day of term or they were entitled to exclude him. I've covered this in my first post, but I tried for days to contact the head to sort the situation out, but he's very weak and clearly felt unable to talk to us.

 

I am concerned about the potential £3200 DCA's legal costs. The DCA has not done anything save for send a copy of of two statements to me, file a claim and an AQ, he has lied about the demands he sent me, has not replied to any correspondence. This is surely an abuse of process? Isn't there a situation where, if CPRs, Part 18s etc haven't been met, there's a case for refusing such costs?

 

If the claimant (read: DCA) is going for a summary judgement with all these costs, I would seriously consider telling them I"m going for damages caused to my son for the trauma he suffered (one not-so-brilliant solicitor said it could be too costly). I don't understand why the DCA has agreed to mediation but is still going for summary judgement. Can we avoid a CCJ if we agree following mediation?

 

I offered my F&F to be paid over 12 months, if they end up with a CCJ for a large amount and large costs, I'll only be able to pay a nominal sum each month for several years possibly. Ex will not be able to trade...

 

Now that I've filed an embarrassed defence, I imagine I should now file a fuller defence? Or am I still embarrassed as I still don't have the documents?

 

It's all quite worrying really. I want to show the DCA up for being the nasty, aggressive ex-copper that he is, but that isn't going to get me very far. I'm also appalled at the school's treatment of my son, but I am unsure if this will matter to the DJ at all.

 

The school's lax admin, no chasing of debts etc plays a part in the debt accruing, but unsure what that will count for in this matter.

 

So, help is required Andy. Any advice you can give is very much appreciated, very reassuring to have this support.

 

Thank you LL

[AndyOrch]

Hi Andy,

 

I've been to the court today and have a copy of the OP's AQ. No documents attached - is that strange? Does it mean they're just relying on the statements they've sent me with no reference to the 'continued letters and phone calls demanding payment' (which there weren't)...

 

In any event, here are the responses in their AQ:

 

----

 

Have you sent a copy of the form to the other parties - Yes (but they haven't)

 

A. Settlement

 

1. Do you want to attempt to settle - Yes

2. Do you want a one month stay - No:???: If yes to settlement procedure is to request a 1 month stay DJ will be confused as I am.

Mediation appointment - Yes

 

C.

 

Complied with pre-action protocols - Yes (really did they try to resolve and write to you?)

 

D

 

Amount of claim is in dispute - £20k (I said part was in dispute in my ack of service, but couldn't give a figure without all the paperwork)

 

Applications - Yes - Summary Judgment This is what you have to be wary of !!!!!! You now need to request a copy of this application and any Witness Statement in support of.

 

Witnesses - Heads of school and DCA

 

Experts - No

 

Track - Multi Who filed this AQ Mickey Mouse?

 

Disclosure of elec docx

 

1. Have you reached agreement using EDQ - No.

2. Is agreement likely - No

 

E Trial or final hearing

 

How long - blank

 

Various dates unable to attend.

 

F Proposed directions

 

Have you attack list of directions - No

 

G Costs

 

Costs estimated £3200!!!

 

I - Other info

 

Any docs attached - No.

 

Any applications in the future - No

 

-----

 

Questions I'm unsure about, some of which you've thankfully helped with:

 

Assume yes to request for 1 month stay.

Assume yes to mediation appt.

 

C Pre action protocols - This is where you've said I can state my case. No Non compliance with SAR, CPRs, Part 18 requests that would have enabled me to produce an accurate figure to part-admit/defend. I've repeated written to the claimant, no responses. Haven't heard anything for 2 years since son was submitted to a very traumatic ejection from the school, because I'd heard nothing, I assumed they were too embarrassed to chase the debt. Why did they just appoint an aggressive DCA instead of sending me a letter which I would have responded to... How much detail do I need to go into for this part? No this is not applicable to you only the Claimant, put the above in " other " Keep it brief dont use the AQ as a defence

 

D Case Management Info - I can put a figure in here, but it will involve some guesswork. One statement (for two children) has charged no interest, the other has. I'm still not sure if they can charge interest. There are errors on the statement, a payment that should have been credited to the other account (but balances the same) plus a small queried payment. I could put the amount of my F&F offer, but there was no response to this... Put the Summons amount less fees/costs

 

Witnesses, myself and ex.

 

Experts - no

 

"Track Small Track (would normally be Fast Track as over 5K but state its easily resolved once the correct figure is agreed)" Can I just add that 'Once the correct figure is agreed, the track can be revised as required"? No just state it as i wrote

 

2 hours - yes.

 

F Directions - will wait for your advice. I will post you something shortly

 

I Other info (See C Above)

 

Will I be sending attached dox to OP? Nothing to send them except a copy of the AQ

Applications? - will wait for advice.See above

 

In the space below where I add my case synopsis, I would like to refer to the aggressive approach, i.e. why a v aggresive DCA instead of a letter after 2 years? Why no response to any of my letters or request for information. Imagine I can't refer to F&F specifically, but I have repeatedly stated my desire to settle this as soon as possible but with no replies. The DCA told me the debt had been bought, which was a lie and mislead me...

 

Regarding signing any documents that would entitle the school to claim interest, I cannot be sure. None have been produced, I have never received a copy of anything I may have signed. Another parent has said they did not sign anything, not in touch with others. The school's admin is very bad. Should the claimant not have included a copy of T&Cs to be rely on in their claim for interest? If so, could I deduct all interest from the statement sent to me by the DCA in calculating the part I admit? Also, said T&Cs would say if they are entitled to eject a child forcibly without a term's notice and in the manner that they did so. It is important that the school forgot to post the letter requesting a payment before the first day of term or they were entitled to exclude him. I've covered this in my first post, but I tried for days to contact the head to sort the situation out, but he's very weak and clearly felt unable to talk to us.

 

I am concerned about the potential £3200 DCA's legal costs.Thats to play with your head The DCA has not done anything save for send a copy of of two statements to me, file a claim and an AQ, he has lied about the demands he sent me, has not replied to any correspondence. This is surely an abuse of process? Isn't there a situation where, if CPRs, Part 18s etc haven't been met, there's a case for refusing such costs? Correct

 

If the claimant (read: DCA) is going for a summary judgment with all these costs, I would seriously consider telling them I"m going for damages caused to my son for the trauma he suffered (one not-so-brilliant solicitor said it could be too costly). I don't understand why the DCA has agreed to mediation but is still going for summary judgment. Can we avoid a CCJ if we agree following mediation? Yes

 

I offered my F&F to be paid over 12 months, if they end up with a CCJ for a large amount and large costs, I'll only be able to pay a nominal sum each month for several years possibly. Ex will not be able to trade...

 

Now that I've filed an embarrassed defence, I imagine I should now file a fuller defence? Only when they disclose information on which their claim is based Or am I still embarrassed as I still don't have the documents? I prefer to call it a Holding defence until such time they put up or shut up

 

It's all quite worrying really. I want to show the DCA up for being the nasty, aggressive ex-copper that he is, but that isn't going to get me very far. I'm also appalled at the school's treatment of my son, but I am unsure if this will matter to the DJ at all. If its presented correctly that this incident has caused traumatic spells to your sons mental health confidence and personality it will be taken into account along with the Claimants behavior and attitude to this matter

 

The school's lax admin, no chasing of debts etc plays a part in the debt accruing, but unsure what that will count for in this matter.You only pay what is outstanding " the fee" no accruing on costs.As I have maintained throughout my advise the crux of their claim needs an agreement.If there is no agreement or one was never signed

the their claim is here say and you have not breached any clauses because without an agreement there is no clauses to breach.This is not debt avoidance you just want to settle what the debt is, hardly your fault the school operates inadequately with regards to business and debt control.

 

So, help is required Andy. Any advice you can give is very much appreciated, very reassuring to have this support.

 

Thank you LL

 

Ill post you some directions shortly/tomorrow.

 

Regards

 

Andy

[AndyOrch]

Lou Lou I am going to request your thread moved to legal forum.

 

Andy

[cerberusalert]

Moved to the Legal Forum.

[AndyOrch]

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.Should the Claimant fail to respond to my draft directions and costs be considered and summarily assessed.

 

Other Section

 

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 particularised 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 Small Claim Track, it is 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 then I fail to see what the Claimants claim is based on.

 

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 Agreement and any documents referred to within, which the claimant seeks to rely upon.

 

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.

 

 

Regards

 

Andy

Edited July 26, 2011 by Andyorch

[Undercover-Elsa]

That's a good one Andy...much more concise than others I've seen on here.

[AndyOrch]

Thank you Elsa:wink:

 

Regards

 

Andy

[citizenB]

Looking good

[louloujs]

Andy

 

I just wanted to thank you so much for all this information. M daughter's been in hospital for the last couple of days (to add to the crisis) so I'm going to process the forms this evening. Just one thing, I'm wondering if I can do one AQ and/or one application (with one fee?) for both my ex and I as co-defendants?

 

Will read and re-read and prepare...

 

LL

[AndyOrch]

Hi Lou

Sorry to hear the news re your daughter hope alls well now.

 

Unfortunately no, 2 AQs to be submitted (make them identical) No application yet thats there for their benefit.:|The question is " do you intend to make application" not are you. In answer to your question though if you were, only one of you would need to make the application.

 

Ok for now ?

 

Regards

 

Andy

[louloujs]

Hi Andy

 

Thank you again, daughter has had planned surgery but is recovering well.

 

I'd rung the court before you email arrived and they said that I could file a joint AQ as long as both were signed. If this is wrong advice (it has been known) we shall file separately as you suggest.

 

So, I have completed the form, I am a little confused re the Application/Further Directions element. On section D, am I making an application in this claim? If yes, what for? Am I making an application for further directions?

 

Moving on to to Section I, this has been completed as you suggest and I have completed the draft directions also. Do I need to complete an N244 to go with this application and a fee? (If so, how much?) I know I can download the form from the internet, but unsure if this is necessary.

 

Should I take copies of everything, including draft order to send to the Claimant, or just a copy of the AQ (my Other Information statement is on another sheet)?

 

I've tried to find out the answers to these questions, I'm just a little confused about making the application as a separate document.

 

Thanks again,

 

LL

[louloujs]

OK, have re-read and calmed down...

 

I can see that Section D answer to Application question is No. I was confused when I read your comment on a previous post “Applications Yes (this is were you add your letter but you need to attach it to the N244 and there is a cost £45.) But dont do this yet until we have spoken further.” I can see now that we’re stating in Section I that we are ‘intending’ to make an application.

 

I can see that we haven’t referred to the OP’s failure to comply with SAR/CPR/Pt18 requests, but I imagine that is covered in the potential application and Particularised Defence documents.

 

With regard to your comment on the OP’s AQ response, i.e. “Applications - Yes - Summary Judgment This is what you have to be wary of !!!!!! You now need to request a copy of this application and any Witness Statement in support of.” Should I simply write to the Claimant and cc the Representative requesting a copy of the appln referred to in the AQ and any Witness Statement…”

 

I’ve copied everything, AQ, additional sheet with Section I Other information statement and the Draft Order for Directions (both with case nos etc). Should I send copies to the Claimant/Representative or both?

 

I'll take everything into the court in the morning.

 

Thanks again

 

LL

[AndyOrch]

Hi Andy

 

Thank you again, daughter has had planned surgery but is recovering well.

 

I'd rung the court before you email arrived and they said that I could file a joint AQ as long as both were signed. If this is wrong advice (it has been known) we shall file separately as you suggest. No thats fine if thats what they state

 

So, I have completed the form, I am a little confused re the Application/Further Directions element. On section D, am I making an application in this claim? If yes, what for? Am I making an application for further directions? No not at this stage its just a warning if they dont comply to your directions

 

Moving on to to Section I, this has been completed as you suggest and I have completed the draft directions also. Do I need to complete an N244 to go with this application and a fee? (If so, how much?) I know I can download the form from the internet, but unsure if this is necessary. Not necessary yet

 

Should I take copies of everything, including draft order to send to the Claimant, or just a copy of the AQ (my Other Information statement is on another sheet)? Copy of the AQ and Draft Directons ( unsigned)

I've tried to find out the answers to these questions, I'm just a little confused about making the application as a separate document. You are not making any applications yet.

Thanks again,

 

LL

 

OK, have re-read and calmed down...

 

I can see that Section D answer to Application question is No. I was confused when I read your comment on a previous post “Applications Yes (this is were you add your letter but you need to attach it to the N244 and there is a cost £45.) But dont do this yet until we have spoken further.” I can see now that we’re stating in Section I that we are ‘intending’ to make an application.

 

I can see that we haven’t referred to the OP’s failure to comply with SAR/CPR/Pt18 requests, but I imagine that is covered in the potential application and Particularised Defence documents. We have, you put it in C and I told you to move it to I " other "

With regard to your comment on the OP’s AQ response, i.e. “Applications - Yes - Summary Judgment This is what you have to be wary of !!!!!! You now need to request a copy of this application and any Witness Statement in support of.” Should I simply write to the Claimant and cc the Representative requesting a copy of the appln referred to in the AQ and any Witness Statement…” Correct try the Court first

 

I’ve copied everything, AQ, additional sheet with Section I Other information statement and the Draft Order for Directions (both with case nos etc). Should I send copies to the Claimant/Representative or both? No just the Sol (unsigned)

I'll take everything into the court in the morning.

 

Thanks again

 

LL

 

 

Regards

Andy

[louloujs]

Thanks Andy

 

My reference to the non-compliance with SAR etc - I have this text:

 

 

1. The claim relates to a debt that is several years old; we have received no correspondence from the Claimant, save for a single, Final Demand from a Debt Collection Agency who is representing the Claimant. Since then, we have repeatedly written to the Claimant to open negotiations to settle the matter, without success.

 

2. The Court Claim was sent to a very old address, despite the Claimant and his representative being informed in writing of our current addresses, causing delays and leaving us little time to file any defence.

 

3. In order to file a Defence in this matter and since we hold no documentation to substantiate any claim, we have requested of the Claimant and his representative (copies attached):

 

(i) Subject Access Request, dated 3rd May 2011

(ii) CPR 31.14 and CPR 15.5 Request, dated 5th June 2011

(iii) Part 18 Request, dated 13th June 2011

 

We allowed sufficient timescales according to Civil Procedure Rules in this respect; the above correspondence has been tracked and receipted by Royal Mail, but no response has been made to enable us to file a full Defence. (In order to adhere to the Court’s timescales, an ‘Embarrassed Defence’ was filed, a copy of which is attached.)

 

Should I insert this into your 'Other Information text, after the second paragraph ending 'expeditiously:'

 

This was originally part of the letter sent to the Court (following Court's wrong advice), these are the salient points.

 

Thank you LL

[AndyOrch]

Thats fine Loulou,

 

On your first paragraph you refer to a debt that is several years old ? You have made payments since so be careful as it looks like you are implying it may be Statute

Barred. Re word it to say an ongoing account with regards to school fees.

 

Otherwise yes good to go.

 

Regards

 

Andy

[louloujs]

This is my Other Information statement:

 

 

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;

 

1. The claim relates to an alleged debt that is several years old; we have received no correspondence from the Claimant, save for a single, Final Demand from a Debt Collection Agency who is representing the Claimant. Since then, we have repeatedly written to the Claimant to open negotiations to settle the matter, without success.

 

2. The Court Claim was sent to a very old address, despite the Claimant and his representative being informed in writing of our current addresses, causing delays and leaving us little time to file any defence.

 

3. In order to file a Defence in this matter and since we hold no documentation to substantiate any claim, we have requested of the Claimant and his representative:

 

(i) Subject Access Request, dated 3rd May 2011

(ii) CPR 31.14 and CPR 15.5 Request, dated 5th June 2011

(iii) Part 18 Request, dated 13th June 2011

 

We allowed sufficient timescales according to Civil Procedure Rules in this respect; the above correspondence has been tracked and receipted by Royal Mail, but no response has been made to enable us to file a Particularised Defence. (In order to adhere to the Court’s timescales, a holding Defence was filed.)

 

 

Without production of the requested documents, I am at a disadvantage and am unable to serve a particularised 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, it will inhibit the Court’s ability to deal with the case.

 

It is respectfully requested this case be allocated to the Small Claim Track; it is a straightforward 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 then I fail to see what the Claimant’s claim is based on.

 

Therefore, it stands to reason that this documentation must be disclosed before this case can progress any further.

[AndyOrch]

Excellent couldn't have drafted it better my self:wink: But see my post 96.

 

 

Andy

[louloujs]

Oops, our posts crossed. I hadn't made payments since our relationship with the school ended and have since added 'alleged debt'.

 

Would I be better to state:

 

1. The claim relates to an ongoing account for school fees...

[AndyOrch]

When did it end ? (sorry if I'm going over old ground )