backdoor CCJ Aktiv Kaptial - set aside - whats next?

[batty69]

I'll send you a PM

 

Sent, Yes I am enjoying this!

[DonkeyB]

Think you need 20 posts to DM. Is it not something you can share?

[batty69]

Damm it didnt send! will wait till I get to 20 post, only 2 more to go, all will become clear!

 

The people involved monitor this forum quite extensively and I have seen how underhand they can be for myself in the way they have handled my case.

 

I'm not taking any chances.

However suffice to say,

they are a well know company on this forum,

who has done this before.

 

Fortunately I have the ear of a cabinet minister who's willing to take this up once it's resolved (they are not allowed to involved in any ongoing legal disputes)

[DonkeyB]

Sounds like Carter. Or one of many others...

 

You need to watch those cabinet ministers. Some of them tell fibs, apparently.

[batty69]

He/she is our local MP and I'm a member of the local Conservative party,

they better help out as I won't be canvassing for them next time round!

 

Only one post to go, oh I'm on 20 now!

[DonkeyB]

Gone right off you!

 

Seriously, though, make sure this is followed up with the OFT and Trading Standards. Is there a legal arm or a solicitor involved?

[batty69]

Damn! didnt send, I need 30 to send to you, 20 to mod.

 

Trust me I will, I think when the full facts are revealed there is a good chance of this DCA being stripped of their licence.

 

Yes a solictor is involved, we were planning to take action against these people ourselves.

 

Problem is, he's gone away on hols for a fortnight, this then dropped through the door earlier this week and I have to file early next week.

 

Am desperately trying to get hold of him!

 

Hopes this throws some light on my earlier posts,

because I need to either delay or get away with handing over the bare minimum of my case till I can get hold of him.

[DonkeyB]

We know from experience that a single unfortunate ‘admin error’ will not see a debt buyer or DCA stripped of its licence. That’s wishful thinking.

 

Is this your solicitor or theirs? If it’s theirs and he knows what’s going on, the SRA should be your next stop.

[batty69]

xxxxxxxxxxxxxxxxxx

Edited February 8, 2013 by batty69

[DonkeyB]

I know exactly which company that was said about. But this isn’t their modus operandi. At least not since CAG got hold of them...

[batty69]

It's mine, as we were planning to go either fast track or multi-track with the counter claim.

 

I found a recent similiar case to mine where this has happened, the claimant settled out of court.

 

Also there is another company involved who are sort of off the radar, who are doing things this company would never risk in their own name.

[DonkeyB]

The plot thickens...

[batty69]

Ahh yes, the old "Admin Error" excuse, as we know they are not admin errors.

 

Fortunately they are leaving a big paper trail in my case, that will show it is nothing of the sort.

 

However if said DCA gets wind of what's coming their way, they are going to start covering their arses so they can claim the "Admin Error" excuse.

[DonkeyB]

But they will still get away with it.

At worst, they’ll get conditions.

To stuff a certain DCA, we encouraged literally hundreds of people to complain.

[batty69]

Donkey should b sent this time

 

Hopefully you have my PM now, the last bit, let's just say I have the equivalent of the RBS Libor IM's for this DCA

[DonkeyB]

Jesus.

 

Not that He can help them... this will make the press at some point.

[batty69]

Calling Andy,

can you point me in the direction of a sample particularised defence somewhere?

 

I want to make sure I'm getting the format correct,

 

i.e. not too little info, but not too detailed either.

i.m onto the counter claim part of my defence.

 

how much detail do I need ?

 

is it brief like a POC, particularised POC or Detailed (i.e. cite how, what and why the damages I have claimed for have occured)

 

Andy I've had a good trawl around the forum to find the nearest case to mine in terms of procedure (rather than the case matter) and the closest I can find is this thread which you have been helping on.

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?348133-Moved-and-received-CCJ-Help-please/page1

 

on page 4 of the thread, post 67 the posters states

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?348133-Moved-and-received-CCJ-Help-please/page4

 

1. Judgement be set aside

 

2. The defendant do file defence by 4.oopm on 20th July 2012

 

the parallel to my case is that these were the orders that have been given in my case after my set aside, the only difference is that the judge has split these over two orders.

 

In the thread in question, which I am now following religously as it looks like it's going to go down somewhat a similiar path. is that,

 

a) Maybelate wasn't advised to put in a particularised defence at this point

b) After sending in the brief defence, an AQ was sent out and the case started following the "normal" path.

 

I'm a bit confused as this seems a bit contrary to what I have been advised here, what am I missing ?

[AndyOrch]

Every claim every defence every scenario is unique batty...there are no parallels or sample particularised defences.It all starts at the Particulars of claim.

 

Regards

 

Andy

[batty69]

I appreciate that,

just trying to get a sense of what I need to get in.

 

I have gone for a "semi-particularised" in that I have used the standard defences on here regarding documentation (where they are missing in my case).

 

Plus added a few other defences which are particular to my case,

 

I'm not accused of adding them later.

 

But are being deficient on citing my evidence till the exchange of witness statements and documents.

[AndyOrch]

That's the best approach to adopt never be to particularised...keep your options open.Cast doubt and open the claimant along the process.

 

Regards

 

Andy

[batty69]

Actually what I meant by "Sample Particularised Defence" is the format, e.g. where do you put the date,

do I need to quote case no.,

do I need to make a declaration of truth.

 

what I mean is, not the content, obviously the content is unique to each case, but the format.

 

e.g. when I did my ws for set aside a solicitor contact of mine gave me a template to work from but the details were totally irrevelant to my case (wasn't even a DCA/debt case)

 

I dont want my the defence thrown out because I didn't follow something procedural, like forgetting to quote the case number!

[AndyOrch]

IN THE XXX COUNTY COURT CLAIM NO: XXXXXX

 

Claimant

Nasty Bank

 

 

V

 

Defendant

Batty

 

DEFENCE

 

 

XXXXXXXXXXXXXXXXXXXX

 

 

Statement of Truth

 

Dated xxxxx

[batty69]

Thanks Andy you are star, that's was I looking for!

[batty69]

I'm fairly happy with my defence now, but am struggling with my counterclaim.

 

Does my counterclaim need to be handed in with Defence ?

[AndyOrch]

Yes Batty you will submit a defence & PT20 Counter Claim.