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Bumblebee1814

NHS Trust Whittington/FWJ Legal Claimform - Salary Overpayment

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Hi MIE

 

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).

 

DEFENCE

 

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 information.

 

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 agreement.

 

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 the Defendant.

 

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 struck out.

 

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 the amendment.

 

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 true.

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