Lowell/? claimform - old JDW CAT 'debt'

[AndyOrch]

Sorry Guys you have all tried to help, I did not get back here till 11.00pm last night after doing my care rounds totally stressed. I was waiting for papers to arrive to defend my case did not receive anything so thought maybe they have dropped it, it is possible?? I defended the claim on MCOL since then not a word has passed.

 

 

Mashmallow

 

You ticked the option to defend all but not actually submitted a defence ?

[mashmallow]

Yes Stupid me but I can still get into it

 

 

Mashmallow

[AndyOrch]

Complete point 2 with your CPR and CCA request dates and submit the following ...now

 

Particulars for reference only....

 

1.The claimant claim is for the sum of £774.31 being monies due from the defendant to the claimant under a home shopping agreement regulated by the CCA 1974between the defendant and JD Williams under account ref etc.,

 

2.and assigned to the claimant on 20/12/12 notice of which was given to the defendant.

 

3.The defendant failed to maintain the contratural payment under the terms of the agreement

and a default notice has been served and not complied with.

 

The claim also includes statutory interest pursuant to section 69 of the county courts act 1984 at a rate of 8.00% per annum a daily ra of £0.17 from the date of assignment of the agreement to 20/12/13 being the amount of £62.22ate of £0.17

 

What is the value of the claim? 966.53

 

 

Defence

 

The Defendant contends that the particulars of claim are vague and generic in nature. The Defendant accordingly sets out its case below and relies on CPR r 16.5 (3) in relation to any particular allegation to which a specific response has not been made.

 

1 .Paragraph 1 is noted. I have had an agreement in the past with JDW but do not recognise the account number referred to by the claimant.

 

2 .Paragraph 2 is denied I am unaware of any legal assignment or Notice of Assignment allegedly served.

 

On the DD/MM/YYYY ( sent by recorded delivery) I requested information pertaining to this claim by way of a CPR 31.14 request and a Section 78 request. The claimant has failed to date to respond to the CPR and remains in default of the section 78 request.

 

3.It is therefore denied with regards to the Defendant owing any monies to the Claimant, the Claimant has failed to provide any evidence of assignment/balance/breach requested by CPR 31. 14, therefore the Claimant is put to strict proof to:

 

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

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

© show how and when a breach occurred and evidence a Default Notice,

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

 

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

 

5.On the alternative, 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 of the Law of Property Act and Section 82A of the consumer credit Act 1974.

 

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

[mashmallow]

Thanks all you guys for being so helpful I just filed a defence online so fingers and whatever else crossed

 

 

Mashmallow

[mashmallow]

Thanks all you guys for being so helpful I just filed a defence online so fingers and whatever else crossed

 

 

Mashmallow

 

 

 

Nothing heard or seen as yet??????

 

 

Mashmallow

[AndyOrch]

Check the status on MCOL it should state ..defence submitted 5/8

[mashmallow]

Andy

 

Yes defence has been received

 

Thanks

 

Mashmallow

[AndyOrch]

Andy

 

Yes defence has been received

 

Thanks

 

Mashmallow

 

So now count 28 days from the 5 /8 and it will be stayed.

[mashmallow]

Andy,

 

 

Just to let you know well past 28 days nothing heard or seen in post or on MCOL

 

 

Thanks

 

 

Mashmallow

[Old Cogger]

give the court a ring later next week and ask if stayed etc

[mashmallow]

Sorry for being thick, but what could this mean please.

 

 

Mashmallow

[Old Cogger]

it could mean the case is stayed the other side have failed to follow court procedure at this stage - if they have and they want to continue they would have to apply to the court and pay a fee

 

 

FULL ANSWER

If the stay of proceedings ruling is not an indefinite ruling, the proceedings or trial can be resumed once the conditions imposed by the court are met. A temporary stay of proceedings does not require an end date, although one can be determined with judicial discretion. Although a stay of proceedings is not the same thing as the dismissal of a case, if the conditions imposed by the court are never met, the two rulings have virtually the same outcome for a defendant.

[AndyOrch]

The claim will be stayed......thats what you want..you dont want to see or hear anything further:-D

[mashmallow]

Thanks,

 

 

Andy sorry for being a pain

 

 

Mashmallow