CCJ - initial defence to be in this week!

[Deep-In-The-Do-Do]

Hi to you all,

I will get straight to the point - basically MBNA/Reston's have instigated court proceedings on an overdue account, short story as follows:

• Default Notice notice is dated the 6th July, they request payment of the arrears by the 27th July. So this looks ok, and can't be used in my defence.
• On the POC they say "interest pursuant to s69 County Courts Act 19 at the rate of ***.** pence per day to the date of judgement or sooner payment." - can they do this?
• They have not responded to my CCA request
• CPR Letter has not been responded to either
• SAR request direct to the original lender sent 20th Sept
• They have failed to comply with DPA1998 by sending sensitive data when they were not sure it was me (they sent a letter last week requesting my signature in response to my CCA request) plus they issued proceedings against me without knowing it was me.

I have done my acknowledgement of service on-line to defend all, until I get some of the details back from the CPR & SAR requests.

Basically, if I used this information in my defence would I need to add anything else, I understand I should also put it as an "embarressed defence".

This is all unknown territory for me, so any advice would be welcome. I have to have my defence in by Friday this week, I have been on CAG and recieved some good advice but thought I would ask here as well - hopefully gaining some more valuable knowledge.

Thanks in advance of your words of wisdom

[Amethyst]

Re: CCJ - initial defence to be in this week!

What advice have you been given on CAG ?

Main issue is no response to CCA and CPR request so thats why you'd put in a holding (embaraased defence) however we need to see the original particulars of claim from the claim form please. Also if it was issued through Northampton bulk centre court ?

How much is the claim for?
Any issues we should no of ? (your financial situation/home ownership/other debts/any disputes on the debt (that arent technical cca breaches).

[Deep-In-The-Do-Do]

Re: CCJ - initial defence to be in this week!

Hi, thanks for your post, details of the POC are as follows:

The claimant claims payment of the overdue balance due from the defendant under a contract dated on or about **/**/02 in the sum of *****.** inclusive of interest to the date of this summons at 8% per annum - **/08/10 - **/08/10.

Particulars A/C No. **** **** **** ****

Date : **/08/10
Item : Default Balance
Value : £*****.**

**/08/10 - Interest £**.**

Together with interest pursuant to s69 County Courts Act 19 at the rate of ***.** pence per day to the date of judgement or sooner payment.


CAG have said that the defence I am proposing as above will suffice in an attempt to halt judgment by default. Initially I will be submitting an "embarressed defence"

Reston's are currently insisting on me sending them a signed letter before they will deal with my CCA request. I have heard absolutely nothing on my CPR request.

My SAR request has a while to go before the 40 days are up so I am not holding my breath.

Due to prying eyes I don't want to give too much away but the claim is over £10k.

Hope this information helps - and look forward to hearing from you.

[basa48]

Re: CCJ - initial defence to be in this week!

Unfortunately you have left it too late for anyone here to formulate a useful response. I would go with the defence as suggested by CAG.

Once you get the AQ and the directions we (and CAG) can formulate a killer defence!

[Deep-In-The-Do-Do]

Re: CCJ - initial defence to be in this week!

Thanks basa48, I have just realised that my defence is due in on Monday, I had put it in the back of my mind that I needed to have it in tomorrow to be on the safe side, just been copying the POC's and re-checked the dates so have the weekend now as well

[basa48]

Re: CCJ - initial defence to be in this week!

Well to be honest your initial defence doesn't have to be 'epic' at this stage, just enough to avoid any attempts to get it struck-out as there being no real prospect of success.

PS: What do you mean by the "CPR letter"?

[Deep-In-The-Do-Do]

Re: CCJ - initial defence to be in this week!

Hiya,

CPR letter is CPR 31.14 requesting a true copy of both sides of the original executed agreement and their compliance with CPR 31 etc ............ about 2 pages worth

[basa48]

Re: CCJ - initial defence to be in this week!

Hiya,

CPR letter is CPR 31.14 requesting a true copy of both sides of the original executed agreement and their compliance with CPR 31 etc ............ about 2 pages worth

I had assumed that was it, but it is often dangerous to assume!

Just a waiting game now really. Get that embarrassed defence off Monday and await AQs and directions.

Oh and see what they've got in response to CPR & SAR!

[Deep-In-The-Do-Do]

Re: CCJ - initial defence to be in this week!

Thanks basa48 - all these terms and conditions - enough to drive me mad

Thanks again for your help, I will keep my post updated and look forward to your help on my "killer defence"