Fictitious amount on claim form

[DonkeyB]

The court cannot give you specific legal advice, but if you tell them the content of what Fairfax have said – ie. an open ended time scale – they may give you some guidance.

[palemm]

Rang the court they said fairfax have tried to get a default judgement and I need to get my defence in and there is no stay on the case.

 

So Fairfax are lying to me.

 

I f my defence is due next week can I send the court a copy of the letter that Fairfax sent me for more time, or do I do a negative defence with copies of all letters as evidence or can I file a N244 even though my defence is due ?

[palemm]

Having read the pt.legal compilation pdf I think N244 is the way forward and I quote.

 

"

1) an order compelling the Claimant to disclose the requested documents

2) an extension of time not less than 28 days from the date of the order for filing your defence.

3) costs occasioned by the Claimants failings to disclose pursuant to CPR 31.14 and 31.15.

 

Looks to be the right thing.

 

Any help with wording appriciated

[DonkeyB]

Well, at some point a complaint to the SRA is in order.

 

Need an N244. Time to flush 'em out... Just looking again at the PoC.

[DonkeyB]

Sorry, posts crossed. Yup, that’s the bit.

 

One thing I wanted to check, which wasn’t answered at the start of the thread: did you ever actually get a default notice from Lloyds, or a Notice of Assignment (either from Lloyds or Arrow)?

 

You can only answer the claim as stated. If you have never held any account with Lloyds under a credit agreement, that would be a defence.

 

Anyway, back to N244. What you need to do is write a simple statement of what has happened. Something like this, but with detail:

 

1. I received a claim form from Arrow on XX XXX 2011.

2. I acknowledged the claim and requested a further 14 days to defend all.

3. I issued a CPR 31 request to the claimant’s solicitor on XX XXX 2011, giving them seven days to provide the documents mentioned in the particulars of claim (see attached letter).

4. I received a response from the claimant’s solicitor on XX XXX 2011 stating that no documents would be provided before I entered a defence (see attached letter).

5. I wrote back to the claimant’s solicitor on XX XXX 2011 making clear that I expected them to comply with my valid CPR request (see attached letter).

6. The claimant’s solicitor replied on XX XXX 2011, stating that they required several weeks to locate the documents and that they would delay the court case (see attached letter). I found this unacceptable.

7. I called the court for advice on 9 November 2011 and was told the claimant’s solicitor had already applied for, and had been refused, default judgment.

8. Without said documents as mentioned in the PoC, I am unable to enter a defence. I further deny ever having any kind of credit agreement with Lloyds TSB Bank, as stated in the particulars of claim, and without any evidence of the alleged debt, I am embarrassed.

9. Accordingly, I seek an order of the court compelling the claimant to comply with my valid CPR 31 request within seven days, failing which the case shall be struck out and costs awarded to the defendant.

 

Then add the draft order as above.

[palemm]

Thanks Donkey I've edited it and I'm going to send it with the N244and all the copies of the letters recorded special delivery tomorrow.

[palemm]

Should I hand write the statement in the evidence box or will it be ok to print it and say "Please see statement" in the evidence box.

 

I want to get it right, plus I have a broken hand and it hurts to right.

[palemm]

duplicate post

[DonkeyB]

Print and refer to attached should be ok.

[palemm]

Do I have to send payment to the court to file the N244 ?

 

And if so how do I pay ?

Edited November 10, 2011 by palemm

[DonkeyB]

Yes, unless you're exempt. Cheaper without a hearing.

[palemm]

This kind of puts a spanner in the works due to lack of funds, any other options ?

 

Oh well looks like a negative defence is the only way mentioning the fact that I requested the documents under CPR 31.14 and they refused

[DonkeyB]

Beg, steal or borrow!

[Ganymede]

Do I have to send payment to the court to file the N244 ?

 

And if so how do I pay ?

 

 

Usually payment is made by cheque but I think some Courts take card payments over the phone.

 

The cost is £45 without a hearing or £80 with.

[palemm]

Here is my defence........

 

I am unable to plead as the claimant has failed to comply with my request for documents mentioned in the claim.

 

I issued a CPR 31 request to the claimant’s solicitor on 29/10/2011, giving them seven days to provide the documents mentioned in the particulars of claim (see attached letter).

I then received a response from the claimant’s solicitor on 02/112011 stating that no documents would be provided before I entered a defence (see attached letter).

I wrote back to the claimant’s solicitor on 05/11/2011 making clear that I expected them to comply with my valid CPR request (see attached letter) and stating I would contact them by telephone on the 07/11/2011.

I rang them on the morning of the 07/11/2011 I told them I was seeking an extension of time under CPR 15.5 to allow them to comply with my CPR 31.14 and CPR 31.15 request and for me to inspect the documents and form my defence and was told that the case would be put on hold until they could get copies of all the documents that they're claim is based on.

The claimant’s solicitor replied on 07/11/2011 with what can only be described as a vague letter. (see attached letter). I find this unacceptable.

I ask that the court order disclosure of the documents that this claim is based on so I can know what I'm defending myself against or strike out the claim

[palemm]

I've added a line in about how the claimants solicitors have the wrong amount in all their letters

[palemm]

UPDATE

 

I've now received an "Allocation Questionnaire" (small claims track) to be sent to my local court by the 5th of December, but still no Credit agreement from Fairfax Solicitors ???????

[DonkeyB]

Then you need to make a draft order within your AQ.

[palemm]

I suppose I can use the same statement as I did in my defence i.e. like the one you wrote for the N244, it has a line about fees but as the claim is for less than £1500 does this apply ?

[havinastella]

Just subbing in!

 

I noticed in your defence that you didn't mention that the account should be Statue Barred! Can you drop this into the AQ?

 

Jogs

[palemm]

I think I should put some kind of mention about my belief that it Satute barred but how can I put in without admitting guilt ?

[DonkeyB]

Guilty? It’s not a criminal case!

 

If it’s SB it’s SB, and that cannot be undone. Just make sure IT IS SB first!