backdoor CCJ Aktiv Kaptial - set aside - whats next?

[batty69]

I need to file and serve by tommorow, am I ok handing in at court tommorow and posting to claimant tommorow, or is that considered not serving in time ?

[AndyOrch]

Its a bit tight but acceptable...as long as its on the date.

[batty69]

i.e. the posting date ?

[AndyOrch]

The date that the DJ ordered the defence to be served.

[batty69]

I mean sent or received ?

 

I'm playing with some tricky buggers who I know will slap in an application for default judgement ASAP given half a chance.

 

i.e. I post tommorow, they recieve friday, then claim defence was served late!

[AndyOrch]

Served is defined as sent..... receipt is beyond your control...but the ownness is upon you the defendant to ensure you comply with the directions.I cant see sanctions being applied for a day late.

 

Is it just not possible to post today...email a copy to the claimant/court on time and then follow with hard copy?

[batty69]

Still need to get my counterclaim togther, but think I should be there with it tonight.

 

I was just have a read of CPR 6.26, but as you say I can send electronic copy then followed by hard copy.

[AndyOrch]

[batty69]

I'm banging out my CC in my lunchbreak, pending a review of it tonight.

 

just to clarify, my counterclaim should be be brief and in a format similiar to a POC, where I just state how much and what I'm claiming for, not what, why and where for

 

e.g. numbered paragraphs

 

1) Defendant claims £10,000 in lost earnings due to loss of of employment as a result of the claimants actions in pursuing this claim

 

i.e. I don't need to go into exactly how the loss arose ?

[AndyOrch]

No its should be in a little more detail and relate to the material facts...you are countering their claim. Don't include evidence at this stage.

[batty69]

something more like

 

1) The Defendant claims £xxxx for lost wages arising in the period of xx/xx/xx to xx/xx/xxx as a result of lost employment. This loss in employment was a direct consequence of the Claimant contacting the defendants employer and informing them of his alleged debt problems.

 

2) The Defendant claims ........................

 

This isnt actually whats going in, just trying to judge the level of details, as you say I need to state some material facts.

[unclebulgaria67]

Think it needs to be a bit more stark than that.

What exactly did the claimant do in contacting your employer ?

Do you know the name of the claimants employee who did this, if so name them.

What did they actually tell your employer ?

Why did it affect your employment ?

What reason did your employer give for the loss of your employment ?

 

I am just trying to look at this from the judges perspective.

If you don't make it clear exactly what happened and why you suffered a loss as a result, they might not be able to deal with it properly.

[batty69]

thats what I already have down,

but then when you add in all the other stuff I'm claiming for,

it reads more like a witness statement,

rather a statement of case.

[DonkeyB]

It all needs to be simple at this stage. No minutiae.

 

Your defence at present is that you deny the account is yours,

and that the claimant has provided no documents that show the account or debt to be yours, despite being repeatedly told this.

 

Your counterclaim should be for losses incurred as a result of the claimant's negligent and therefore vexatious claim, with a listing of the specific cause and effect.

 

You don't need to show your hand yet.

You want this case heard,

as you can prove they are vexatious.

 

Don't give them a chance to throw in the towel,

if a hearing is what you want.

 

The most important aspect of your counterclaim is,

as uncle says,

that it must include enough information for them to admit or refute the claim.

 

although you don't need details of specifics that would be in a WS,

you must include the specific acts complained of,

eg on 3 March 2011 they wrongly marked a default with the CRAs and despite warnings did not remove it;

as a direct result you lost xyz.

[batty69]

Nearly done my CC (Pt 20 for andy) and I've found my "documented" provable losses are a shade under £5k,

the defamation aspect I reckon comes to £10k

(using previous payouts by said claimant in this case).

 

Now the problem is,

do I go for the defamation aspect and then have the case go fast track ?

as a LiP this feels a risk.

or shall I go small claims ?

could I take the defamation aspect up later as a separate case ?

 

Obviously without being furnished with the case details no one is in a postion to comment either way,

but can someone give me a guide to risks ?

[AndyOrch]

Simple answer ..defamation is dealt with in the High Court...and you will need very deep pockets to process that.

 

Damages are dealt with in County Courts.

 

Regards

 

Andy

[batty69]

Thanks Andy,

I'll leave that for now.

 

The "precedents" I have looked at for the claimant in my case,

the Claimant has always settled out of court.

 

Contacting one of the solictors involved in a case against said claimant they mentioned two mentioned two things "deep pockets" & "qualified priviledge",

as no case have gone that far I would be looking at funding the costs of setting a new precedent,

as LiP with no experience of this,

I won't take the risk!

[AndyOrch]

If your " losses " are a shade under 5K and their claim is ? you will be in Fast Track anyway.

 

Regards

 

Andy

[batty69]

mine iis about £4.5k,

the claimant is a few pounds off the £5k limit (funny how many cases on here are always not far off this limit)

 

Andy one final procedural question, do I serve the defence and CC on the claimants solicitor ?

[AndyOrch]

Yes

[batty69]

Hi everyone, I'm at AQ stage.

 

Now I want to know the possibilites of having the claim against me struck out ?

 

Essentially I am being taken to court for credit card debt,

problem is I still have credit card,

still use credit card,

and even have had the limit upped to £30K this month.

 

is it possible for me to have a hearing,

take the judge to the canteen,

let me buy him a drink and food on my credit card for him to see I cant possibly owe anyone else for this debt.

 

yes seriously,

it is that ridiculous,

i am being taken to court for a 19 year old credit card I still use!

 

surely there must be some procedure for me to have this kicked out instantly ?

[AndyOrch]

Hi Batty

 

If you are at AQ then yes you can make application to strike out their claim and request judgment for your CC.Have they responded to your defence and CC?

 

Andy

[batty69]

They haven't responded to my defence and CC, should they have done ?

 

Can I ask for strike out using section G of the AQ or does it need to be a seperate application ?

[AndyOrch]

They haven't responded to my defence and CC, should they have done ?

 

Can I ask for strike out using section G of the AQ or does it need to be a seperate application ?

 

They dont always respond to a defence the AQ is a signal they wish to proceed though...I would have thought they would have replied to your CC though...its the same as a claim and they have 14 days to respond.

 

On the AQ see F...... Proposed Directions....list what you require/expect and Intend.

 

On the AQ see I....... Do you intend to make any applications in the immediate future?

 

If Yes, what for?

 

 

Regards

 

Andy

[batty69]

Re.sections F & I:

on my AQ section F is about the hearing,

availability & interpreters and section I is the signature Box.

 

I'm bit confused.

The section asking me to supply the judge with information to help manage the case is section G.

 

Ha just checked, I've been sent the N149 AQ instead of the N150 AQ.

 

Andy,

they have not responded to pt20,

the letter from the court that came with my AQ only mentions my defence has been filed.

 

No mention about counterclaim except for the small print on the bottom saying

"N152 Notice that defence/counterclaim has been filed"

 

Questions:

 

Will the Claimant have been given an order to file a defence ?

 

If so, would I be aware ?

 

I've had a good read of CPR yet again!

 

Am I correct in thinking I can now take steps to get a default judgement on my CC ?