Debt with former employer***Claim Dismissed & Costs awarded***

[AndyOrch]

Zoltron we need to speed this up a tad otherwise it will be Thurs before we even start to draft:-)

 

Andy

[BRIGADIER2JCS]

Agreed Andy, how can we assist more?

[zoltron]

Sorry had an emergency situation arise one of my children had to be rushed into hospital and had to kept overnight.... Sorry

 

The address of the County Court issuing the claim was Dudley County Court, to be honest my wife never had the original summons hence the set aside she never knew nothing about the claim until the bailiffs were about to come hammering the door down, however a copy of the summons was requested when the N244 for the set aside went in.

 

I had been tinkering with a defence what I had seen on another post which is similar to this claim, I just moved a few things around its not finished but maybe you have something else planned.

 

Kind Regards

 

Lee

 

 

Draft defence below

1. I __________ are the Defendant inthis action and make the following statement as my Defence to the claim made by______________

2. Except where otherwise mentioned inthis Defence, I neither admit nor deny any allegation made in the Claimants Particularsof Claim and put the Claimant to strict proof thereof.

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

4. The Claimants particulars of claim arevague and fail to disclose any cause of action, they appear to be an abuse ofthe process in that they fail to deal with the basic rules of pleading inaccordance with the CPR.

a) Acopy of the purported written agreement that the Claimant cites in the Particulars of Claim, and which appears toform the basis upon which these proceedingshave been brought, has not been served attached to the claim form.

 

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

5. Notwithstanding matters pleaded, it isdenied that the Claimant has established a cause of action or that the Claimanthas a valid claim against the Defendant.Consequently, it is proving difficult to plead to the particulars as mattersstand.

6. On the ************, I wrote to theClaimant requesting disclosure of information pursuant to the Civil ProcedureRules, the request was made on the balance of probability the claim would beset aside, these documents are vital to forming a Defence. No reply has beenreceived prior to submitting this Defence.

7. The courts attention is drawn to thefact that the without disclosure of the requested documentation pursuant to theRules, I have not yet had the opportunity to asses if the documentation whichthe claimant claims to be relying upon to bring this action even contains theprescribed terms required in Consumer Credit Act and that a lawful assignment to the Claimant did occur.

8. The Claimant is therefore put tostrict proof that such compliant documents exist.

9. It is neither admitted nor denied thatany Default Notice in the prescribed format was ever received and the Defendantputs the Claimant to strict proof that said document in the prescribed formatwas delivered to the Defendant.

10. The Defendant avers thatit is further incumbent upon the Claimant to serve a Termination Notice beforeany proceedings are commenced. The Defendant does not admit service of a validTermination Notice. The Claimant is put to strict proof as to the service,content and validity thereof.

11. The Defendant denies that there hasbeen any failure to make payment in accordance with the alleged contract. TheClaimant has failed to produce a copy of a credit agreement at all, and in theabsence of such an agreement, which conforms to sections 60 and 61 of theConsumer Credit Act 1974, the Defendant avers that no agreement has everexisted for there to have been any failure to make said payment.

12. Without Disclosure of the relevantdocumentation I am unable to assess if I am indeed liable to the Claimant, noram I able to assess if the alleged agreement is properly executed, contain therequired prescribed terms, or correct figures to make such an agreementenforceable by virtue of the Consumer Credit Act 1974.

13. In view of the matters pleaded above,I respectfully request that the court gives consideration to whether theClaimant's statement of case should be struck out as disclosing no reasonablegrounds for bringing the claim, and/or that it fails to comply with CPR Part16.

14. Alternatively, Should the court orderthe Claimant to produce the necessary documentation. I will then be in aposition to file a fully particularised Defence and counterclaim and will seekthe court’s permission to amend my statement of case accordingly.

[BRIGADIER2JCS]

At a quick look that seems fine I'm sure the site team will take a look to.

[zoltron]

*** Bump ***

[AndyOrch]

Hi Z

 

Ok the above is fine for your defence should you secure the S a S and then will be invited to submit a full particularised defence.For the actual hearing to decide the S a S far less will be required. Just a simple was never received should be good enough for the hearing and then the above will come into play when the DJ invites you to then submit.Have you been ordered to submit a full defence by tomorrow?

 

Andy

[zoltron]

The Judge just said to enter a defence by the 13th July as if the case were just starting again from the start, and then the claimant would then be able to offer a reply to the defence within 14 days of the 13th July deadline. Just wanted to get the defence off tomorrow by recorded delivery so it arrives well inside the deadline.

 

I'm assuming with the courts permission my wife can then enter a fully pleaded defence once more info has surfaced, but nothing has come through as yet to the CPR 18 request, not sure as to send it again now the matter has been set aside, but I suppose the only items my wife could really expect are statements as the admission of no CA or DN.

 

In the meantime my wife is considering writing to the claimant asking for his discontinuance of the claim and any monies he claims is owed and she will offer to wavier her costs just to see what comes of it, at least to the court its a way of trying to put the matter to bed.

[BRIGADIER2JCS]

Yes I think your on the right track, you can always consult the court staff on procedures

if needed.

[zoltron]

Just an update, my wife had from the court confirmation that the defence had been entered on Friday. However attached to the confirmation letter was an Allocation questionnaire for small track claims to be sent back to the court by 1st August 2011. Is there anything which should be attached to the questionnaire when sending it back. Seems like a simple document to complete just wondered if she should attach anything to it such as a witness statement considering no reply to the defence has been seen yet or probably won't see until near the 1st August deadline.

[BRIGADIER2JCS]

There aren't any documents you need to send,

just follow the instructions on the form.

 

Brig.

[AndyOrch]

Hi Zoltron

 

As you state quite simple to complete but in the "other" section (G ) you can request any documentation you are missing or require.

 

Andy

[zoltron]

Thanks both for the reply

 

I have completed today and handed into the court, so just wait and see what develops.

 

I've still had no reply to the letter I sent to the claimant asking for discontinuance.

 

Just a quickie, when the actual case gets to a full hearing can my wife request that I represent her in her absence as her work have been and can be a bit nasty about her taking time off the closer we get to the Autumn months. I don't work due to disablity and could if required represent her.

 

If so is there a specific request that has to be made to the court

 

Many thanks

[AndyOrch]

You can act as a Mackenzie friend but your wife would have to attend see here http://www.consumeractiongroup.co.uk/forum/showthread.php?308509-capquest-chasing-old-citi-card-ppi-reclaim-too

 

Page 3 for my link Post 51

[zoltron]

Just to update you all on this, as i've been away recovering from various surgical procedures.

 

The judge basically threw out the claimants claim, as he did not provide when requested a copy of the agreement, a default notice, and was unable to supply any further information.

 

My wife was awared her full costs of £320, the judge told the claimant as he is a credit supplier to get his house in order, and that this should be a lesson to him in bad accounting.

 

Sounded fair enough to me.

[citizenB]

Zoltron, this is really good news

 

I hope you are now recovering your surgery

[AndyOrch]

Well done zoltron delighted for you and yours.

 

I will amend your thread title to reflect the result.

 

Regards

 

Andy