how to defend claim once its set aside

[s4mcr0]

Thanks im just trying to get everything in line and after finally standing up to lowell and getting a set aside i felt great but im back to panic mode as it needs to be done by thursday. I really cant thank you enough for all your help Amethyst .

[Amethyst]

Well don't be in panic mode ... it's not worth the stress.

I would like you to to do me a favour in the morning please - give the court a ring and tell them you have received the order from the hearing that the judgment is set aside, but you are concerned that there isn't an order to file your defence ( and that the judge had said at the hearing you needed to file it by the 24th ) .... you basically want to check that the court hasn't just accepted the draft defence as the defence to the claim so that you're clear to enter your new defence ( based on the actual case ).

So do that and let me know what they say please

[s4mcr0]

Ill do thst first thing and let you know the outcome asap.

[s4mcr0]

All the court have said is im to file a defence as to why i dont owe the money. Im getting no joy other than that and ive spoke to three different people

[Amethyst]

Grr they are pants.

Okay lets sort a defence then you can send it to the court and the other side recorded post on Friday ( to arrive Monday 24th - we still on that as the deadline date?) if nothing arrives from the Claimant.

[s4mcr0]

No i got my days wrong its 21 days on thursday

[Amethyst]

Okay going from your draft defence taking out the irrelevant bits; Check Para 12 only mentions exactly what you asked for in your CPR letter. This is just meant as an example and is solely based on the info you have posted on here so it will need amending to suit your case.


Claim No. xxxxxxxxx
IN THE xxxxxxxxxx COUNTY COURT
B E T W E E N:-
LOWELL PORTFOLIO I LTD
Claimant
and

xxxxxxxxxxx
Defendant
____________________________________________
DEFENCE
_____________________________________________

1. The Defendant denies that he is indebted to the Claimant whether as alleged at all.
2. Paragraph 1 of the Particulars of Claim is denied.
3. The Defendant has made purchases from Littlewoods in the past however he did not enter into a regulated credit agreement on the 26/10/2015 with Littlewoods. The Claimant is put to strict proof that such an agreement exists.
4. The Defendant has made a formal request for a true copy of such an agreement pursuant to section 78(1) of the Consumer Credit Act 1974 (CCA 1974).
5. The Claimant is in default of that request and as such is unable to enforce the agreement pursuant to s 78(6) CCA 1974.
6. Paragraph 2 of the Particulars of Claim is denied.
7. The Defendant denies being served a Default Notice / Notice of Termination of Agreement pursuant to the Consumer Credit Act 1974 by the original creditor for the alleged agreement and puts the Claimant to strict proof by providing a copy of said Default Notice / Notice of Termination of Agreement as referred to in the Particulars of Claim.
8. Section 87 (1) of the Consumer Credit Act 1974 states as follows: - Service of a notice on the debtor or hirer in accordance with section 88 (a “default notice”) is necessary before the creditor or owner can become entitled, by reason of any breach by the debtor or hirer of a regulated agreement,—(a)to terminate the agreement, or (b)to demand earlier payment of any sum,
9. Paragraph 3 of the Particulars of Claim is denied.
10. The Defendant denies receiving a Notice of Assignment from Littlewoods or the Claimant relating to the alleged agreement. The Claimant is required to evidence that they have obtained the legal right to bring this claim.
11. The Claimant has not detailed any purchases made from or services provided by Littlewoods that have given rise to the sum claimed.
12. The Defendant has requested the Claimant provide copies of the Agreement, Termination/Default Notice, and the Notice of Assignment mentioned in their Particulars of Claim pursuant to CPR 31.14. Documents have not been provided.
13. The Defendant has further sent a Subject Access Request under the Data Protection Act 1980 to Littlewoods to try and find out more information about how/if this debt has accrued and under what terms. He awaits a response.
14. The Defendant is unable to plead effectively without sight of the documents. The Claimant has failed to evidence their case.
15. 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.
16. I request the court orders the Claimants to provide the necessary documentation in order for me to fully plead my case else the Claim should stand struck out.
17. 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.
18. It is denied that the Claimant is entitled to the relief as claimed or at all.
    
    
    Statement of Truth

The Defendant believes that the facts stated in this Defence are true.

Signed________________________________

Dated 20th September 2018

[s4mcr0]

When you say edit. Do you mean removing any of the paragraphs that dont mean anything to me? My original defence was wrong address. But i did do the old three letter process and cease and desist thing last year and was hoping that was the end of it but obviously things esculated after id moved and was non the wiser

[Amethyst]

Forget that you ever heard of the 'three letter process' - it is complete and utter bollocks ( as you have noticed by the fact that they just whacked a court claim in against you ).

Your defence was not wrong address, your Set Aside Application was wrong address ... you succeeded in having the judgment set aside because they had brought the claim at the wrong address. The wrong address issue has been sorted out and the claim/s put back to where they would have been had the claims been made to the correct address. So NOW you defend the claim.

This is quite a recent debt and claim, 2015 the account was opened allegedly, so if you did sign the agreement, digitally most likely, they are likely to be able to provide a copy. There is an issue with the termination/default notice. And they should provide details of how they have come to the amount claimed, so we'll see what comes back on those requests.

To avoid having the CCJ re-applied, if they do provide the agreement and default notice, it is likely you will need to come to an out of court settlement - possibly to pay by installments while the claim is on hold. But the hope is by submitting your defence, considering this is a small debt, they will just discontinue rather than put the hours in to get the documents... but it's a case of wait and see at the moment. Just be aware you may have to consider settlement at some point in the next few months.

[s4mcr0]

So what i do is do nothing more and sit it out and wait?

[s4mcr0]

so if im just to risk that they may not pursue it further or maybe settle out of court in future, do i just sit back and wait or do i need to file some form of defence to allow that to happen. many thanks