Lowell Solicitors

[freedom12]

i Do not have copy to claim form

[freedom12]

2: CPR 13.3 states (1) In any other case, the court may set aside or vary a judgment entered

under Part 12 if –

(a) the defendant has a real prospect of successfully defending the claim; or

(b) it appears to the court that there is some other good reason why –

(i) the judgment should be set aside or varied; or

(ii) the defendant should be allowed to defend the claim.


DO i need to write this in witness as It can irritate the judge

[freedom12]

HI Jaguar
Please check your pm

[Amethyst]

Can you post a copy of the application you made pls. ( redact personal details )

The hearing is to set aside based on that application, so important we know what it actually said, grounds for set aside would be the wrong address, grounds for defence would be the evidence of the debt … so depends what you put in the app how best to form your witness statement.

[jaguarsuk]

2: CPR 13.3 states (1) In any other case, the court may set aside or vary a judgment entered

under Part 12 if –

(a) the defendant has a real prospect of successfully defending the claim; or

(b) it appears to the court that there is some other good reason why –

(i) the judgment should be set aside or varied; or

(ii) the defendant should be allowed to defend the claim.


DO i need to write this in witness as It can irritate the judge

13.2 not 13.3

[freedom12]

As I am reading the form it is assignment of debt and failure to comply with cpr18

[jaguarsuk]

HI Jaguar
Please check your pm

Hi, to answer the question regarding demonstrating it being sent to the wrong address you need a copy of the claim form as that will show where it was sent and then ideally a bank statement from the same month showing your actual address. You then have evidence of the difference.

[jaguarsuk]

As I am reading the form it is assignment of debt and failure to comply with cpr18

Okay, you need to post a copy of that application form so we can see exactly what you have applied for?

[freedom12]

Ok will do it in short while

[freedom12]

Ok will do it in short while

HI
Please check the attachment . I have attached the N244 form I filled

[Amethyst]

Anything in box 10?

Also have you the part 18 you sent ? ( and was that sent after judgment ?)

[freedom12]

Anything in box 10?

Also have you the part 18 you sent ? ( and was that sent after judgment ?)

Part 18 was sent after default judgement

I have filled box 10 already , So Do I still need witness statment.

[jaguarsuk]

Okay, so I think we need to know the exact steps of everything that has happened with this claim.

Did you receive the claim form?

Did you acknowledge the claim?

Did you file a defence?

When did you send Part 18 questions?

Why did you send them?

[freedom12]

Okay, so I think we need to know the exact timeline of everything that has happened with this claim.

Did you receive the claim form? no judgement dated 2015

Did you acknowledge the claim? no

Did you file a defence? no

When did you send Part 18 questions? this year

Why did you send them?

for further info about debt assignment

[jaguarsuk]

for further info about debt assignment

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:

1.I did not originally receive the claim form relating to Claim Number XXXXXXXX from the Court dated XX/XX/2015.


2.Each and every allegation in the Claimants statement of case is denied unless specifically admitted in this Defence.



3.This claim appears to be for an agreement related to a telecommunications contract.



4.It is denied that the Defendant has entered into such an agreement/agreement with Original Creditor or /Claimant for telecommunications services.



5.The Defendant has received a copy of the original claim form from the court on XX/XX/2018.



6.The Claimant’s Particulars of Claim fail to state when the agreement was entered into.



7.The Claimants statement of case states that the account was assigned from [Original Creditor] to [Claimant] on [Date]. The Defendant does not recall receiving notice of this assignment.



8.On the [Date] I sent a request for further information about this matter pursuant to CPR Part 18 to [Claimant’s Solicitor].



9.[Claimant’s Solicitor] have refused to answer those Part 18 questions.


10.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.



11.I request the court orders the Claimants to provide copies of the agreement with O2 numbered XXXXXXX, Notice of Default, Notice of Assignment from O2 to the Claimant and full history of the account in order for me to fully plead my case else the Claim should stand struck out.



12.In the event that the relevant documents are received from the Claimants I will then be in a position to amend my defence, and would ask that the Claimants bear the costs of the amendment.