Claimform Carter/Lowell old welcome rewrite of a car finance 'debt' - already VT'd

[BIGMAN2708]

whatever you do you do NOT miss filing your def

by midnight on the 23rd

 

 

dx

Have defence date noted. Any advice on my defence?

[dx100uk]

2 choices...

 

 

you need to PROVE if its statute barred [perfect defence]

 

 

[have you looked on noddle?]

 

 

else prob the no paperwork/holding defence

 

 

widely available on many threads here

[BIGMAN2708]

Checked Noddle and there is no record of this debt whatsoever. No response from the claimant as of yet. Do I respond to the solicitors letter as they are refusing to supply any documentation or just put this in my defence?

[dx100uk]

don't resp

 

 

don't forget def date that's all

 

 

dx

[BIGMAN2708]

Okay. What about the fact that Noddle shows no evidence of debt. Is this something I need to add in my defence letter?

[BIGMAN2708]

Hi. Just found this defence letter on a thread will this be sufficient to defend the claim? Do I also mention that the debt is not stated on my credit report as well? Thanks.

[dx100uk]

no that's an embarrassed defence and out of date.

 

 

holding/no paperwork defence

 

 

in lots of threads here.

 

 

http://www.consumeractiongroup.co.uk/forum/forumdisplay.php?190-DCA-Legal-Successes

[dx100uk]

cra file plays no part

[dx100uk]

could you not get this statute barring question resolved

 

 

that's by far more important.

 

 

dx

[theoldrouge]

according to statements posted a payment was made by debit card

 

 

25/10/2008 £119.74

 

 

 

so sadly not sb

[BIGMAN2708]

Hi. As mention in post by Old Rouge there is a payment by debit card. So SB is out, so do I base my defence on the fact they are not giving me the request paperwork asked for in the CCA and CPR?

[BIGMAN2708]

according to statements posted a payment was made by debit card

 

 

25/10/2008 £119.74

 

 

 

so sadly not sb

 

Hi. Thanks for the information. Can you advise on what I do next. I have a defence letter set-up. Do I wait to see if I hear from Claimant regards the CCA I sent them? Thanks.

[dx100uk]

don't do anything until about 11pm 23rd

 

 

dx

[BIGMAN2708]

Hi. Tomorrow is my last day for filing a defence. I have been struggling to find a suitable template for my defence. Was supplied a link to go to but lots of threads and struggling to find an appropriate defence. Do you have a direct link to a suitable template? Many thanks.

[BIGMAN2708]

don't do anything until about 11pm 23rd

 

 

dx

Hi. Tomorrow is my last day for filing a defence. I have been struggling to find a suitable template for my defence. Was supplied a link to go to but lots of threads and struggling to find an appropriate defence. Do you have a direct link to a suitable template? Many thanks.

[dx100uk]

if they have supplied no paperwork

it wil be the holding defence

 

 

see any recent thread here

 

 

but it is NOT a template

it MUST be adapted to YOUR PoC

 

 

dx

[BIGMAN2708]

Hi, no paperwork received from Claimant or Sols. Claimant hasn't even cashed the cheque for the CCA request. You stated that I should file defence at 11pm on 23rd. Can I submiyt my defence earlier?

 

Once defence has been submitted what happens then? I find it strange that they have made this claim but not willing to produce any documents.

[dx100uk]

that's exactly what they do.

 

 

they file hoping for a non contested default judgement.

 

 

you've called their bluff by demand sight of the signed agreement.

 

 

you can file early yes.

but I'd await the mornings post

 

 

then file

 

 

dx

[BIGMAN2708]

Right I see what you mean. I will check the post when I get home from work tomorrow and then file my defence. Will the court make them produce the documents I have requested then?

[dx100uk]

ofcourse they will

 

 

that's the idea of your defence.

 

 

the no paperwork/holding one.

 

 

please get your defence CHECKED BEFORE YOU FILE

 

 

dx

[BIGMAN2708]

Hi, I have found this holding defence letter. Will this be sufficient for my purposes:

 

1. I, xxx, of xxxx make this statement as my defence to the claim brought by xxxx.

 

2. The claimant’s 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 the CPR, even allowing for the constraints of the bulk issue system.

 

3. No documents supporting the claims in the particulars have been offered and despite two requests to the claimant for further information via CPR 31.14 dated 2009 and 2009, both sent by recorded delivery, none has been forthcoming and as a result I cannot plead in defence to the claim.

 

4. Without clarification of the claimant’s claim, the defendant is extremely disadvantaged and as the claimant’s claim appears without merit, the defendant asks to be allowed to submit a fully particularised defence should the claimant provide copies of the original documents he will rely upon.

 

5. Further to the above 4 paragraphs, the defendant is unable to plead effectively or at all.

 

Statement of truth

 

I believe that the facts stated in this defence are true.

I am the Defendant.

[BIGMAN2708]

I have attached my proposed defence letter. Can you please have a read through and let me if this is okay. Many thanks.

[dx100uk]

I'm sure andyorch will pop in

 

 

dx

[BIGMAN2708]

I'm sure andyorch will pop in

 

 

dx

 

Should I contact him directly?

[BIGMAN2708]

Update of CCA Request. Check my bank statement online this morning and the claimant has cashed the £1 fee for the CCA request. But have not received any paperwork from them or Solicitors. Have sent andyorch a message asking him if he will read my defence letter prior to submitting to court. If I receive the CCA request today does that mean I need to amend my defence letter?