Drydensfairfax & O2 CCJ

[lincskitten]

Getting desperate now as defence needs to be submitted by 15th and haven't a clue what to do next can anyone please advise.

[citizenB]

Just catching up on your thread..

[citizenB]

I've had a look at my credit file and it is showing due to disability I haven't got the best memory to say the least.

 

Ok, what did it say on the record - did it give a default date - last date of payment - do you recall the debt at all ? Did you cancel the account with perhaps a balance outstanding ?

 

I have attached below the PoC details purely for those looking in - you have until closing time on Monday 15th July to submit a defence, I will ask someone to look in and help you before then.

 

 

[ATTACH=CONFIG]45170[/ATTACH]

[lincskitten]

Record has date of default as 27/11/2009 with no record of payments made at all. I honestly don't remember arranging this as it has contract start date in 2008.

 

Nothing been received from Drydensfairfax at all after there last letter back in June.

[citizenB]

If you don't recall entering into the agreement then I think until they provide information otherwise, then you are going to have to simply deny it.

 

Anyway, wait until those with more knowledge pop in an advise, which they will do well in time for you to submit something on Monday

[lincskitten]

Thanks a big weight lifted

[caro]

I'm not one of the legal bods, but this seems straightforward to me and this is what I'd put in a defence if it was me.

 

1. I have no knowledge of the alleged debt.

 

2. I have requested evidence of the alleged debt from the claimant, but none has been provided.

 

3. In the absence of any evidence to support the claim, I would respectfully request the court to strike out the claim.

[lincskitten]

Thanks Caro that's along the lines of what I was thinking but wasn't sure. I'll give it another couple of hours and submit that.

 

Thanks

[steampowered]

I agree with caro, this is a fairly simple one. I would just add a paragraph re: assignment and a paragraph re: interest as follows:

 

1. I have no knowledge of the alleged debt.

2. I have requested evidence of the alleged debt from the claimant, but none has been provided.

3. As per Civil Procedure Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed.The Claimant and the Claimant is put to strict proof to:

(a) show how the Defendant has entered into an agreement 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.

4. In relation to Paragraph 2, I have no recollection of receiving a Notice of Assignment, as required by section 136 Law of Property Act 1925. The Claimant is put to strict proof as to service of the Notice of Assignment and its right to bring this claim.

5. In relation to Paragraph 3, in the event that the alleged agreement exists, it is likely to contain a clause regarding interest, in which case pursuant to section 69 (4) County Courts Act 1984 the Claimant is not entitled to interest at the rate claimed.

6. By reason of the fact and matters set out above, it is denied that the Claimant is entitled to the relief claimed or any relief. In the absence of any evidence to support the claim, I would respectfully request the court to strike out the claim.

[caro]

Thanks SP.

[lincskitten]

Thanks SP that's great will submit that now and keep you updated

[lincskitten]

Hi all time for an update received a letter from Drydens on the 2nd of August as attached and hadn't heard anything else until this morning when the second letter arrived. In between these two there has been no correspondence received at all or any other communication.

 

I haven't a clue what there defence is as this wasn't enclosed.

 

Any further advice would be much appreciated.

Edited September 3, 2013 by lincskitten

[steampowered]

You are the Defendant. You are the one who filed the Defence!

[lincskitten]

You are the Defendant. You are the one who filed the Defence!

 

Need to get a new brain fitted today I think. thanks steampowered. Any ideas what I need to do now or just leave things to take their course?

[steampowered]

My understanding is that you will be receiving a communication from the court asking you to file a directions questionnaire.

[lincskitten]

My understanding is that you will be receiving a communication from the court asking you to file a directions questionnaire.

 

Just received that about ten minutes ago in the post. I presume as I have submitted a defence I am not agreeing to use the mediation service? Thanks for your help

[steampowered]

Just received that about ten minutes ago in the post. I presume as I have submitted a defence I am not agreeing to use the mediation service? Thanks for your help

 

It depends whether you are willing to negotiate. Anything discussed during mediation is legally privileged and cannot be cited or used against you in court. I doubt you can have any real negotiation until you have received details of what the debt is about, and Drydens have said that they are seeking this information from their client.

 

The generally accepted wisdom is that you should tick "yes". This is because in small claims track the court has the power to order one side to pay the other's legal costs if it thinks that side has acted unreasonably. The idea is that saying yes to mediation makes you look reasonable. In reality, this power is rarely used and generally only in cases of blatent non-compliance with court orders, for most cases I personally don't think it matters either way.

[AndyOrch]

Just to add that in most SCT claims the DJ will recommend mediation for both parties..... irrespective.... before allocating the claim to track.So it would be advisable to tick yes.

 

Regards

 

Andy

[lincskitten]

Thanks everyone have ticked yes and got it ready to send off. What's the likely outcome of this as I've never had to deal with this sort of thing before.

[steampowered]

It will depend on what documents they come up with lincskitten.

[lincskitten]

It will depend on what documents they come up with lincskitten.

 

Thanks as far as I know they haven't got any documentation as nothing has been received from them at all.

[AndyOrch]

Just because they have not complied to your request does not mean that there is no documentation.

[lincskitten]

Okay thanks. Received a copy of N180 from Drydens today as well stating that they wish to use mediation as well.

 

Aren't they required to forward all documentation requested ?

[AndyOrch]

Yes at the appropriate stage of the proceedings...a civil procedure request is just that ...civil.........they dont have to comply pre defence.

[lincskitten]

Okay thought it was more than just a request. Thanks for your help