I have prepared for the fact that I might not win, although I would very much like to but has been factored into my plans to deal with my current debt and helping to reduce it.
In in regards to documentation....I have been asking for specific information, which they have refused to provide me with since 2013 and not just since I received the claim.
I’ve not received any documents or a response to my SAR.
Particulars of claim in #5.
Defence below (I know it’s not the best, but it’s all I could come up with).
1. The Defendant received the claim xxxxxxxx from the Northampton
County Court Business Centre on 10/08/2019.
2. Each and every allegation in the Claimants statement of case
is denied unless specifically admitted in this Defence.
3. This claim relates to an alleged salary overpayment.
4. It is admitted that the Defendant was employed by the Claimant
from 02/02/2009 until 31/08/2011.
5. It is admitted that the Defendant has made a payment of £465
to the Claimant.
6. It is denied that the Defendant owes this whole amount as the
Claimant has not provided the information and documents requested.
8. The Defendant is unable identify through financial records
that amounts were received as alleged.
9. The Claimant has failed to provide bank account details of
where payments were made despite being requested to provide this
7. The Claimants particulars of the claim fails to give adequate
information to enable me to properly assess my position with
regards the claim.
8. The Defendant contends that the Claimant is a public body that
is requesting interest on a debt that is alleged to have been
incurred as a result of a salary overpayment and not a credit
9. The Defendant contends that the Claimant is requesting
interest from a date that is Statute Barred.
10. On the 12/08/2019 the Defendant sent a request for inspection
of documents mentioned in the claimant’s statement of case under
Civil Procedure Rule 31.14 to Claimant’s Solicitor].
11. Claimant’s Solicitor has not sent any of these documents to
12. The Defendant has asked the Claimant Solicitor if we may
agree to extend the time period allowed for filing of the defence
pending receipt of documents (as allowed under CPR 15.5), but no
response has been received.
13. Under Civil Procedure Rule 16.5 (4) Where the claim includes
a money claim, a defendant shall be taken to require that any
allegation relating to the amount of money claimed be proved
unless he expressly admits the allegation. Therefore, it is
expected that the Claimant be required to prove the allegation
that the money is owed as claimed.
14. The Defendant respectfully requests the court orders the
Claimants to provide the necessary documentation in order for The
Defendant to fully plead her case else the Claim should stand
15. In the event that the relevant documents are received from
the Claimant, the Defendant will then be in a position to amend
her defence, and would ask that the Claimants bear the costs of
16. It is denied that the Claimant is entitled to the relief as
claimed or at all.
Statement of Truth
The Defendant believes that the facts stated in this Defence are
Don't touch them owe me £500 since January 2019 make excuse after excuse. Seem they always have software problems sending money out. Keep saying they will call back or email nothing been chasing it now for 6 mths the phone staff always have the same banter we will chase it up and get back to you then nothing!