Lowell Solicitors

[freedom12]

Okay, so the fact you never received the claim form is the reason to set aside as of right.

They refused to answer part 18 questions as they are under no obligation to prove the debt as they have a judgement. If the judgement is set aside you will then ask for documents mentioned in the particulars of claim on the claim form N1 using CPR 31.14.

If you don't have a copy of the claim form you need to get one.

Whether you need to file a witness statement will depend on what you have written in section 10 of your application.

If you haven't done a Subject Access Request Letter to O2 then you need to ASAP.

I withdraw my previous comment that you don't need to prepare a draft defence, you do because you have applied under CPR 13.3 you will need to show the court you have a real prospect of sucessfully defending the claim.

Your draft defence needs to be something like:

So the defence statment goes to the court of hearing right ? No copy needed for claimant

[jaguarsuk]

So the defence statment goes to the court of hearing right ? No copy needed for claimant

You will need to serve all documents on the court and all other parties in the claim.

[freedom12]

So the defence statment goes to the court of hearing right ? No copy needed for claimant

I filled following in box 10.

I Defendant recieved claim on xx.xx.2015
I requested further information under CPR part 18 via Royal mail recorded delivery on xx.xx.2018. The
CPR 18 was recieved and signed for on by the claimant.
I have recieved a letter from the claimant dated xx.xx.2018, mentioning the claimant cant send documents to comply with CPR 18 request
Therefore I as defendant respectfully request the court issue an order and request the claimant comply in
full , with CPR part 18 request for further information.
The information requested will be used by me to aid my defence , therefore I felt it is important that the
CPR part 18 request is complied with and all documents to be sent in full.
I am also requesting court to ask the claimant to comply with CPR18

[jaguarsuk]

I filled following in box 10.

I Defendant recieved claim on xx.xx.2015
I requested further information under CPR part 18 via Royal mail recorded delivery on xx.xx.2018. The
CPR 18 was recieved and signed for on by the claimant.
I have recieved a letter from the claimant dated xx.xx.2018, mentioning the claimant cant send documents to comply with CPR 18 request
Therefore I as defendant respectfully request the court issue an order and request the claimant comply in
full , with CPR part 18 request for further information.
The information requested will be used by me to aid my defence , therefore I felt it is important that the
CPR part 18 request is complied with and all documents to be sent in full.
I am also requesting court to ask the claimant to comply with CPR18

I previously asked if you received the claim form and you said no, but in section 10 you state you did receive the claim in 2015.

That statement means you have very little chance of success as the court will view that you should have defended the claim at the time.

[Amethyst]

You haven't mentioned the wrong address issue?

[freedom12]

I previously asked if you received the claim form and you said no, but in section 10 you state you did receive the claim in 2015.

That statement means you have very little chance of success as the court will view that you should have defended the claim at the time.

Ohh !! I meant the claim is dated that date . not that I got papers

[jaguarsuk]

Ohh !! I meant the claim is dated that date . not that I got papers

What did you write on the application form?

[freedom12]

What did you write on the application form?

The one I mentioned . Can i change it now?

[Amethyst]

Okay, you'll have to try rectify things via your Witness Statement, otherwise it will be withdrawing your application and starting over, which might not be accepted.

How much is the debt?

Can you paste the Part 18 request pls too first.

[freedom12]

Okay, you'll have to try rectify things via your Witness Statement, otherwise it will be withdrawing your application and starting over, which might not be accepted.

How much is the debt?

Can you paste the Part 18 request pls too first.

£950

[freedom12]

£950

No letter for of assignment of debt , is not enough to set aside

[jaguarsuk]

On the N244 did you tick the "the attached witness statement" and "the evidence set out in the box below" or just the latter?

[freedom12]

On the N244 did you tick the "the attached witness statement" and "the evidence set out in the box below" or just the latter?

evidence in box

[jaguarsuk]

evidence in box

Then as Ame says you need to get a Witness Statement done to correct that error.

[freedom12]

Dear Sirs,

Rexxx vs xxxxx

Case No: jxxxxxx

CPR18 Request for further information.

On the xx 2015, I received the Claim Form in this case issued by you out of the County Court BULK CENTRE.
With this letter I indicate my intention to contest your entire claim.

Please treat this letter as my request made under CPR18 for the disclosure and the production of a verified and legible copy of each of the following documents mentioned in your Particulars of Claim and is made by way of Service upon You:

1.The agreement, including the specific Terms at the point the alleged Agreement was made and any subsequent changes. You will appreciate that in an ordinary case and by reason of the provisions of CPR PD 16 para 7.3, where a claim is based upon a written agreement, a copy of the contract or documents constituting the agreement should be attached to or served with the particulars of claim and the originals should be available at the hearing. Further, that any general conditions incorporated in the contract should also be attached.
2.The deed of assignment
3.The notice of assignment
4.The default warning letter
5.The default notice

6. I deny any indebtedness to the Claimant but particularly deny they are due statutory interest on the alleged amount of £ 950 and as such I request full disclosure of the amount the Claimant alleges to have paid for this alleged debt.

7. Also, your Particulars of Claim state the action is brought for Breach of Agreement, yet you have failed to identify the specific Statutory Instrument you have commenced proceedings under. Therefore, I would be request details of the Statutory Instrument under which you have brought proceedings.

You should ensure compliance with your CPR 18 duties and ensure that the documents I have requested are copied to and received by me within 7 days of receiving this letter. Failure to produce each and every document referenced within the Particulars of Claim (detailed above) will result in an Application to the Court for an Order of Disclosure.

Your CPR 18 duties extend to making a reasonable and proportionate search for the originals of the documents I have requested, the better for you to be able to verify the document's authenticity and to provide me with a legible copy. Further, where I have requested a copy of a document, the original of which is now in the possession of another person, you will have a right to possession of that document if you have mentioned it in your case. You must take immediate steps to recover and preserve it for the purpose of this case.

Where I have mentioned a document and there is in your possession more than one version of that same document owing to a modification, obliteration or other marking or feature, each version will be a separate document and you must provide a copy of each version of it to me. Your obligations extend to making a reasonable and proportionate search for any versions to include an obligation to recover and preserve such versions, which are now in the possession of a third party.

If you require more time in which to comply with this request you must tell me in writing. You must tell me before the time for compliance with this request has expired. In telling me you require more time you must tell me what steps you have taken and propose to take in order to comply with this request and also state a date by when you will comply with this request. In addition your statement must be accompanied with a statement that you agree to an extension of the time for me to file my defence. Your extension of time must be not less than 14 days from the date when you say you will have complied with my request and you must state the new date for filing my defence.

If you are unable to comply with this request and believe that you will never be able to comply with this request you must tell me in writing.

Please note that if you should fail to comply with this request, fail to request more time or fail to agree to an extension of time for the filing of my defence, I will make an application to the court for an order that the proceedings be struck out or stayed for non-compliance and a summary costs order.