Claim form issued for Debt that is not on my credit file

[istanley24]

That is correct, that is all the wording in the PoC. They don't refer to any documents at all.

[AndyOrch]

Hi istanley

 

As no documents are referred to (and very little else) then CPR 31.14 can not be used, you either submit the SB as I posted earlier in the thread or you submit a very vague holding defence in response.

Have you completed you acknowledgement of service? Keep your eye on the dates.

 

Andy

[istanley24]

Yes I have completed the AoS.

 

So there is no request that can be made as they have been so vague in the PoC?

 

I have all 3 of my credit reports and there is no reference to this debt.

 

So best course of action would be to submit my defence form to the court, using the SB that you posted previously? Correct?

[AndyOrch]

You can ask them to re plead their claim with particularity if you are unsure its SB.

 

 

I, ********** of ************** make this statement as my defence to the claim brought by **************

 

The claimants particulars of claim are vague and fail to disclose any cause of action, they appear to be an abuse of the process in that they fail to deal with the basic rules of pleading in accordance with CPR 16 even allowing for the constraints of the bulk issue system.

 

No documents supporting the claims in the particulars have been offered or referred to nor any breach of any alleged agreement stated and as a result I cannot plead in defence to the claim.

 

The claimant pleads that the claim is brought under a regulated credit agreement regulated by the Consumer Credit Act 1974 account number xxxxxxxxxxxx but have yet to disclose the agreement or confirm the agreement exists or that any debt is therefore outstanding.

 

The defendant contends that the particulars of claim amounts to a clear abuse of process as the claimant would know the law and is trying to bring a claim for monies which it is not entitled to claim.

 

Without clarification of the claimants claim, the defendant is extremely disadvantaged and the claimants claim appears without merit

 

Further to that above the defendant is unable to plead effectively or at all and that any entitlement to relief is denied.

 

Regards

 

Andy

[istanley24]

Ok, that's great thanks.

 

So I just put that in my defence Form to the court, and not send anything to the claimant or their solicitors?

 

Thanks so much, this forum is so helpful.

[AndyOrch]

Its entirely your decision I have outlined both options only you know the claim details, history.Should you wish to use either then yes simply copy and paste into MCOL and print your receipt.

Northampton will forward a copy to the claimants.

 

Regards

 

Andy

[istanley24]

Update:

 

I filled in and sent my defence on 27th June using the 're plead their claim with particularity' statement that Andy advised. I received a letter from the claiments solicitors dated 3rd July stating the following:

 

Re: Arrow Global Limited -v- *Defendant*

Case Number: **********

 

Further to your defence please note our client will habe to approach the vendor for additional information.

 

It will take some time for the additional information from the vendor. We have therefore discussed this case with our client who has agreed to ceasing legal proceedings on the basis of each side bearing their own costs.

 

Please therefore find enclosed a copy of the Notice of Discontinuance issued on the above basis.

 

 

I am going to contact the court to make sure they have received this Notice also. What does this mean in the long run?

[havinastella]

This means you won:-)

 

BUT, do nothing until Andy looks back in. As you have entered a defence and AS it is Stat barred, you want your costs. You also want a firm understanding that this debt will not be sold on and that they will not ever start proceedings again.

 

I'll give Andy a nudge.

 

JOgs

[citizenB]

Oops.. I see they have provided you with a Notice of discontinuance.

 

Well done

[istanley24]

I have called the court, and they had no record of of the notice of discontiuance, but they are going through a backlog so have not reached the date that the notice was sent to me. I have emailed a scanned copy of what I received to them using the CCBC Defendants email address, but have had no other response from them apart from the default reply after sending something to that address. Should I continue to chase this up? I had submitted a defence, so I don't think I need to be worried about dates any more, correct?

 

Should I receive anything from the court to clarify that this case is over now?

[citizenB]

Ok, yes.. you have entered a defence so that is ok. Keep the NoD from the claimant somewhere safe until you hear from the court.

 

The Bulk clearing centre does not always notify that the claim has been discontinued, instead relying on the claimant to notify the defendant.

 

If you havent heard from the court in say 7 days regarding this - just phone and ask the status of the account - they should have caught up with themselves by that time.

[havinastella]

Also, Andy is looking for a wasted costs order.

 

As I pointed out, they want to discountinue, so you want your costs!

 

Jogs