lowells/Drysden claimform - old o2 debt - ** Settled via Mediation **

[kp278]

hopefully getting closer to a good defence ...

 

IN THE XXXXXX county court

 

CLAIM NUMBER XXXXX

 

BETWEEN

THEM

CLAIMANT

 

V

 

ME

DEFENDANT

 

DEFENCE

 

1. It is admitted that I the defendant have held accounts with the original creditor in the past but will contend that all balances have been cleared.

 

2. The defendant has absolutely no knowledge of any debt residue and on the 7th March 2013 requested information pertaining to this claim by way of a CPR 31.14 request. The claimant has declined to respond despite additional requests on the 4th April 2013 and 11th April 2013.

 

4. Without clarification of the claimants claim, the defendant is extremely disadvantaged and the claimants claim appears to be without merit. The defendant asks to to be allowed to submit a complete defence should the claimant provide copies of the original documents he will rely on.

 

5. The particulars of claim are vague and unsubstantiated with regards to the Defendant owing any monies to the Claimant and the Claimant is put to strict proof to:

 

(a) show how the Defendant has entered into an agreement or contract with the Claimant; and

(b) show how the Defendant has reached the amount claimed for; and

© show how the Claimant has the legal right, either under statute or equity to issue a claim;

 

6. As per Civil Procedure Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed.

 

7. Furthermore, if the Claimant is an assignee of a debt, it is denied that the Claimant has the right to lay a claim due to contraventions of Section 136 and 196 of the Law of Property Act 1925 and Section 82 (a) of the Consumer Credit Act 1974.

 

8. The claimant has failed to comply with sections 111 AND 1V of the pre action conduct "practice directions".

 

9. By reason of the facts and matters set out above, it is denied that the Claimant is entitled to the relief claimed or any relief.

 

10. For advoidance of doubt, the defendant is unable to plead effectively or at all to the particulars of claim.

 

 

Statement of Truth

 

I believe that the facts stated in this Defence of claim to be true.

 

Dated this day 16th April 2013.

[kp278]

i'll be emailing my defence over. do i need to copy to the claimant?

[AndyOrch]

Why emailing ? You can submit on the MCOL using your password on the summons....far more secure and easy...and you can print proof of submission.

 

Defences submitted this way do not require a Statement of Truth.

 

Andy

[kp278]

misplaced my user id AND mcol number

spent half hour looking for it so far. i know its written down somewhere

[AndyOrch]

I'm sure MCOL could rectify that for you but in any case if you email check its been received and no you don't need to send a copy to the Claimant ...MCOL kindly do this for you:-D

 

Regards

 

Andy

[kp278]

i spoke to them and they say without an mcol and user id i cant do anything. the same is said on their website too. ill keep looking for it, i wouldnt have gone through the sign up process without noting down those details.

[kp278]

Defence filed- now the wait! Thanks for you help andy and citizenb

[kp278]

i haven't heard anything. 28 days is up tomorrow. is it considered time up at 4pm?

i guess if they are going to file a response they will do it last minute. should i call the court at 4:05pm tomorrow? what is the best method to close this out?

 

thanks

[citizenB]

You should always allow a couple of days - I think time up is midnight.

[kp278]

I called the bulk centre, they said 33 days (i guess 28 + 5days post) which is midnight tomorrow. Close.

[kp278]

CCBC confirm case was stayed yesterday

 

Er... what are my next steps? Is now the time to apply for case to be struck out before claimant applies for it to be lifted?

[citizenB]

If you make application to have the case struck out, there will actually end up being a hearing and the burden of proof shifts to you.

 

Unless you are on benefits that will exempt you from any fees, you will also have to pay a fee for the application. I think currently it is £40.00 without a hearing and £80.00 with.

 

I do not think that you will be allowed to get away without a hearing because as soon as you make the application, the claimant will almost certainly object.

 

You may want to wait on andyorch to see if he has other ideas

[kp278]

hi,

i received today:

N149A Notice of proposed allocation to the small claims track

N180 Directions Questionnaire (small claims track)

 

The N149A says, in a nutshell, TAKE NOTICE THAT this is now a defended claim. the claimant has filed a defence.

 

I'm a bit confused as the claim was stayed, but perhaps its just my misinterpretation.

 

Does this mean the claimant has filed to have the stay lifted?

Or are these papers I've received part of an automated process?

 

 

Thanks, Kristian

[citizenB]

Have you received a copy of the claimant's "defence" ?

 

You will need to complete the forms provided and have them returned to the court mentioned by the time stated.

 

I would have thought that the Claimant would have filed a Witness statement.. have you received a copy of that ? If not, phone the court and ask for it.

 

I will alert andyorch on your behalf.

[kp278]

hi citizenB,

 

i haven't received anything from the claimant. the date to file by is 17th june.

 

thanks for your help

 

edit: just to add, it's amazing how much more relaxed your post has made me feel. to know that somebody else is listening in and can provide help and advice, it really does help, so thank you

[citizenB]

Hi kp.. message from andyorch below.

 

So it looks like you just need to complete the AQ and return it by the time stated. If you need any help, just yell. Or simply hit the black triangle with the (!) mark and that will alert someone on the site team for you.

 

 

The claimant can respond either within the 28 or just after ...subject to backlog.The stay has not been lifted by way of an application otherwise the Court would inform by way of a General Order.The claim is proceeding and being allocated.

Edited June 11, 2013 by citizenB

[kp278]

thanks. AQ has been returned

[kp278]

hi, i received a copy of claimants aq today indicating desire for mediation.

 

assuming this be the way forward, it is a tempting option to avoid the stress of court and potential big bill.

 

i have never been involved in court mediation before. is there any experience of what drydens will be looking for as a settlement? will it include a scope for installments? it would be good to get an idea of a ball park figure i should be aiming for.

is it pretty much ("we will accept a 50% one off fee, or 75% over 12 months" type fayre?)

 

thanks

[AndyOrch]

Mediation is usually aimed at narrowing the differences within the dispute and exploring your defence to see if they can resolve...not about discounts on the debt.

 

Andy

[kp278]

do you know how long this stage usually takes? i've yet to hear anything after sending my AQ back.

[AndyOrch]

Depends how long the stay imposed is by the court.

 

Andy

[AndyOrch]

Once you have submitted your DQ it can take 2/3 weeks for the court to respond by way of a Notice of Allocation.

 

Andy

[kp278]

ok thanks. they received it 5 weeks ago tomorrow. i will sit tight and update if anything develops.

[AndyOrch]

As long has you have proof that you submitted it they can take as long as they wish:wink:

[kp278]

yeah i just tracked the letter, delivered on 11th june