Court action for debt over 6 years old please help - **CLAIM WITHDRAWN**

[RYANOFLARE]

The letter was sent off on the 17th and have checked the tracking number and can confirm it was signed for. I have yet to get a reply and am i right in thinking there time to respond has now elapsed?

 

If so what should be my next step as am running out of time (i think) as received the the notice of service letter on the 5th AUG.

[postggj]

check back tonght and ill do a simple holding defence

[RYANOFLARE]

Spoke to the court today to find out when my defence needs to be filed and they said the 10th so got a bit of time yet, is there any thing else i can do or just wait to file my defence?

 

The original letter from the court was dated the 5th aug. i thought after i done the AOS is was 28 days from the 5th? the 10th just seems a bit of a random date? (i think im just worrying too much).

[RYANOFLARE]

ok really need some help here guys and girls, as stated before wescot have ignored my CPR request so have no idea what info they are holding on me.

 

shall i just go for a statue barred defence and if i went this way would i be liable for the £200+ interest?

[debbbbsy]

I'm sure the help will come.

 

I wouldn't trust the dates given by the courts. They do get it wrong so many times. Go with your instincts.

 

You can at this stage, because they have failed to respond to your CPR request, file your defence. If you are unsure about the Statute Barred defence, you can file an 'Embarrassed Defence'. You can neither admit nor deny the claim because the claimant has failed/refused to provide documents to support the claim against you, attach a copy of the CPR & proof of service.

[RYANOFLARE]

Have had a look at similar threads to mine and come across the following defence which i have borrowed, can someone have a look over it and see if this is the right way to go for my case. i have amended a few points and taken some out and just want to be sure im heading in the right direction.

 

In the NORTHAMPTON

(CCBC) county court

Claim number XXXXXX

Between

Wescot SPV Ltd - Claimant

and

XXXXXXXX – Defendant

DEFENCE

1. I XXXXXXXX am the defendant in this action and make the following statement as my defence to the claim made by Wescot SPV Ltd.

2. Except where otherwise mentioned in this defence, I neither admit nor deny any allegation made in the claimants Particulars of Claim and put the claimant to strict proof thereof.

3. No documents supporting the claim in the particulars have been offered which the defendant needs to establish what agreement it is that this action is based upon and so the claimant's claim appears without merit.

4. As a result, the claim as pleaded does not contain sufficient particulars to permit me to file a properly particularised and pleaded defence. I have made a request for disclosure, pursuant to Part 31 of the Civil Procedure Rules, to the Claimant to allow me to properly respond to the claim. The Claimant has failed to respond to the Part 31 request despite being sent on the 17th August 2011.

5. It is denied that I have entered into an agreement with the Claimant Wescot SPV Ltd.

6. If, which is not admitted, such an agreement exists the precise terms and date of any such agreement are not admitted. I do not have in my possession any such agreement and am not therefore able to comment thereon. The Claimant is put to strict proof as to the date and terms of such agreement.

7. It is averred that if any agreement did exist that the aforesaid agreement would be a regulated agreement within the terms of the Consumer Credit Act 1974 ("the Act"). It is not admitted that any alleged Agreement is enforceable within the terms of the Act. As I do not have a copy of the said agreement the Claimant is put to strict proof that the aforesaid agreement was properly executed and has been enforceable at all times since its’ inception.

8. It is averred that if the alleged agreement is subject to the Act, before proceedings may be commenced the Claimant must have served myself with a valid Default Notice complying with the provisions of Sections 87 and 88 of the Act and the Regulations made subsequent to that Act. It is not admitted that any valid Default Notice was ever served upon me and the Claimant is put to strict proof.

9. It is denied that I have failed to respond to demands for payment sent by the claimant and/or its agents. The Claimant is put to strict proof that any such demands have sent to me by the claimant.

10 Further and in the alternative if, which is not admitted, an enforceable agreement is in existence, it is not admitted that any or all of the monies claimed are lawfully owing. The Claimant is put to strict proof as to how the sum claimed has been calculated and as to how the sum claimed is lawfully owing.

11 Further, it is denied that any alleged contractual account charges and any interest applied thereon which make up any part of the sum claimed are lawfully owing in that it is averred that these sums would have been claimed pursuant to an unfair contract term and in addition are in breach of the general law.

12 It is averred that any account charges that are claimed are in breach of the common law in that they are a penalty and that they do not reflect any actual loss or the true extent of any costs incurred by the Claimant and are therefore void.

13 Further and in any event it is averred that any clause of the alleged agreement under which the account charges are claimed is an Unfair Term contrary to The Unfair Terms in Consumer Contracts Regulations 1999 and, by virtue of Regulation 8(2), "shall not be binding on the consumer". Any such contractual terms are therefore void.

14 Further and in any event in view of the failure to comply with the CPR Part 31 request it is denied that the Claimant is entitled to costs as claimed.

15 Without admission that any cause of action is shown by the Claimant it is denied that I am indebted to the Claimant as alleged or at all.

AND the Defendant

Seeks an order that the Claimant’s action is struck out or otherwise is dismissed on the grounds that any claim cannot succeed.

Alternatively if the court decides not to strike out the Claimant’s case, it is requested that the court orders full disclosure of the requested documents pursuant to the Civil Procedure Rules.

The Defendant respectfully asks the permission of the court to amend this defence if or when the Claimant provides full disclosure of the requested documents and allows inspection of the original documents.

 

Statement of Truth

I believe that the facts stated in this defence are true.

 

Signed

 

XXXXXXXX

Defendant

[RYANOFLARE]

bump

[RYANOFLARE]

CASE WON!!!

 

I submitted the above defence and was told by the court that Wescott had 28 days to reply to my defence, i then received quite a long letter from wescott stating that they did not aknowledge my CPR request as they were sure that it was going to the small claims court and that i better settle this now for my own sake or seek professional help etc etc.

 

However today i received a letter saying that they were unable to obain information to substantiate there claim and were writing off the debt and not pursuing it any further.

 

In short i could not have done this without help and information from certain people on here and this site as a whole SO A VERY BIG THANK YOU TO YOU ALL!!!!!!

[dx100uk]

you need to ENSURE they have withdrawn

 

call the court monday and check

 

they have been known to pull this stunt before

 

well done though...hope its true

 

 

when you know FOR SURE

 

then we'll mark it won.

 

dx

[DonkeyB]

You had entered a defence, therefore you are entitled to wasted costs. No track had been assigned.