changing defence

[hardymt]

I recived a claim form fromSCM acting on behalf of lloyds. Back in May 2013 sent lloyds a CCA request to which they ignored and entered default.

I done a knee jerk defence using MCOL 4th oct which ammounted to disputing the ammount claimed. Disputed the default notice and termination notice as well as cititing the cca default.

On 8th I put a cpr 31 request in to SCM and now what to change my defence.

Should I do it before I get AQ or send updated statement if truth with AQ submission.

[citizenB]

There have been changes to the way the small claims process works and I do not think you receive an Allocation Questionnaire now, but a Directions Questionnaire.

 

Can you please provide more information.

 

1: What was the claim in respect of - if you could type out their Particular of Claim that would help.

2: Exactly what did you submit as your earlier defence.

3: In what way do you wish to amend your defence ?

 

What is the status of the claim at the present time - has the claimant advised they wish to proceed with the claim - or it stayed ?

 

I think you can apply to amend a defence - not sure how it works though... So will ask those on site team who will be able to help.

[hardymt]

Claim was for lloydtsb cc taken out about 1999. Status is I have only recived claim form about 10 days ago. I will upload poc and defence when I get home.

[citizenB]

Claim was for lloydtsb cc taken out about 1999. Status is I have only recived claim form about 10 days ago. I will upload poc and defence when I get home.

 

Aha.. you did rather jump the gun, didn't you.

 

Ok, if you could post up the PoC and defence that would be great

 

If you follow the instructions below, you should have no problems.

 

Dx100 – Instructions on uploading pdfs

Scan the required letters/agreements/sheets

as a picture file

remove all personal info including barcodes etc. using paint

but leave all figures and dates.

Go to one of the many free online pdf converter websites

convert the image to pdf format.

or if you have PDF as an installed printer drive use that

open a new message box here

hit go advanced below the message box

hit manage attachments below that box

hit the add files button on the top right

hit select files, navigate to your file on your pc

hit upload files

NB: you can set where it goes in the post by hitting insert inline.

Then hit reply button

 

 

[hardymt]

yes did jump the gun a bit.. but thats what i wish to ammed

[AndyOrch]

Making changes to a defence once submitted requires an application N244 and fee for the Courts permission...you should also seek the claimants permission firstly.

 

Regards

 

Andy

[hardymt]

[ATTACH=CONFIG]46875[/ATTACH]

Uploaded Claim & Defence

[citizenB]

Thanks for the documents..

 

Can you say why you now feel the need to amend your defence.

 

You have denied receiving a copy of the agreement, default notice and formal demand.

 

Default Notice.. LTSB were notorious for either not sending them, or sending them whilst not providing sufficient time for remedying the breach which caused them to be suspect.

[hardymt]

I just felt it wasn't up to scratch, but not sure if i have missed anything out, although i did send LLOYDS a CPR 31 request for the documents

[Ganymede]

Making changes to a defence once submitted requires an application N244 and fee for the Courts permission...you should also seek the claimants permission firstly.

 

Regards

 

Andy

 

 

 

The OP may also have to pay the other side's costs of his application.

[smokejumper]

Any chaqnce it is statute barred?

[AndyOrch]

The OP may also have to pay the other side's costs of his application.

 

Undoubtedly