Please help! County court letter received.

[jaguarsuk]

Hi

Yes, send the draft defence as below (couple of tweaks) in to the court. You don't need to attach copies of the letters, you will be able to do that to your witness statement to show the judge how reasonable you have been throughout the process and what good character you are.

1. I received the claim [Claim Number] from the Northampton County Court on 11/01/2018.

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

3. The Claimants statement of case fails to give adequate information to enable me to properly assess my position with regards the claim.

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

5. The Claimants statement of case states that the account was assigned from Vodafone to Lowell Portfolio on 11/04/2014. The Defendant does not recall receiving notice of this assignment.

6. It is denied that Vodafone served any Default notice on the Defendant. The Claimant is required to prove that a compliant Default Notice was served upon the Defendant.

7. On the [Date] I sent a request for inspection of documents mentioned in the claimant’s statement of case under Civil Procedure Rule 31.14 to BW Legal. I requested the Claimant provide copies of the [Agreement, Default Notice and Notice of Assignment].

8. BW Legal have not sent any of these documents to me despite receipt of my correspondence sent by Royal Mail Recorded delivery on [DATEOF31.14LETTER] and a follow up request on 01/02/2018.

9. I have asked the Claimant if we may agree to extend the time period allowed for filing of my defence pending receipt of documents (as allowed under CPR 15.5), but have failed to respond.

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 the necessary documentation 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.

13. 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 ________________________________

[scoey1001]

Hi

Yes, send the draft defence as below (couple of tweaks) in to the court. You don't need to attach copies of the letters, you will be able to do that to your witness statement to show the judge how reasonable you have been throughout the process and what good character you are.

Hi Jaguar,

I am just about to send the above, thanks again for putting it together.

When you mention the judge, does this mean my partner will have to attend court? She is very reluctant to do this and said she would rather just pay up.

Sorry but i was of the understanding this was all done online.

Thanks

[jaguarsuk]

Hi Jaguar,

I am just about to send the above, thanks again for putting it together.

When you mention the judge, does this mean my partner will have to attend court? She is very reluctant to do this and said she would rather just pay up.

Sorry but i was of the understanding this was all done online.

Thanks

After filing the defence it will be sent to the claimant (their solicitors) and they will then decide whether they wish to proceed with the claim.

If they decide they do then a questionnaire will be sent out and you will be asked to complete some information including whether you want to mediate. You should select Yes to this as the court likes to see that you are making an effort to resolve the matter amicably.

The mediation is a telephone process and at that stage if your wife wishes she can negotiate a settlement she can. By going through this process, if they are unable to produce documents then your wife puts herself in a much stronger negotiating position. The mediator would draw up an agreement if one can be reached and as long as your wife sticks to repaying that then it's the end of it.

If you can't settle at mediation or the other side refuses to mediate then a hearing date would be set, the claimant will be asked to pay a fee and if they do it would go to court. At the questionnaire stage you state the court local to you and that's where a hearing will be held.

Sometimes these things can be discontinued when the claimant gets to a point that you haven't backed down and they can't produce the things they need to win.

Your wife has to be prepared to go to a hearing or be represented at a hearing, but there's a long way to go yet. This is an online process initially only.

[scoey1001]

After filing the defence it will be sent to the claimant (their solicitors) and they will then decide whether they wish to proceed with the claim.

If they decide they do then a questionnaire will be sent out and you will be asked to complete some information including whether you want to mediate. You should select Yes to this as the court likes to see that you are making an effort to resolve the matter amicably.

The mediation is a telephone process and at that stage if your wife wishes she can negotiate a settlement she can. By going through this process, if they are unable to produce documents then your wife puts herself in a much stronger negotiating position. The mediator would draw up an agreement if one can be reached and as long as your wife sticks to repaying that then it's the end of it.

If you can't settle at mediation or the other side refuses to mediate then a hearing date would be set, the claimant will be asked to pay a fee and if they do it would go to court. At the questionnaire stage you state the court local to you and that's where a hearing will be held.

Sometimes these things can be discontinued when the claimant gets to a point that you haven't backed down and they can't produce the things they need to win.

Your wife has to be prepared to go to a hearing or be represented at a hearing, but there's a long way to go yet. This is an online process initially only.

Ok great. I've now submitted the defence!

Where it asks for a signature i have stated i am acting on behalf of the claimant and given my name. Hope this is ok?

[jaguarsuk]

Ok great. I've now submitted the defence!

Where it asks for a signature i have stated i am acting on behalf of the claimant and given my name. Hope this is ok?

That would normally be for a solicitor, when things go off in future it'll need to be your wife signing and her name. As this one is online it should be okay.

[Diana M]

I've now submitted the defence!

Where it asks for a signature i have stated i am acting on behalf of the claimant and given my name. Hope this is ok?

Be prepared for the court (NCCBC) to initially reject the Defence since it can ony be signed (digitally or otherwise) by the Defendant, their solicitors or a ‘litigant friend’ who must provide the court with written authorisation from the Defendant.

They may return it asking for your wife’s signature, or they may ask for written evidence of her authorisation for you to sign on her behalf.

Hopefully it will just be seen as an error which can be remedied.

If the court doesn’t pick up on it consider whether you need to deal with this issue if the other side (Claimant) does spot this and decides to challenge it.

A claim may be dealt with online at the start but the CPRs still apply.

Someone who approached us recently got as far as the Hearing/Trial when the DJ ordered the case to be adjourned with Directions for ‘the wife’ to sign an Amended Defence.

Di

[Diana M]

i have stated i am acting on behalf of the claimant

Perhaps you stated that you are acting on behalf of the Defendant not the Claimant?

Di

[scoey1001]

Perhaps you stated that you are acting on behalf of the Defendant not the Claimant?

Di

Hello Di, Yes the defendant lol! Thanks for the advice above. As you say hopefully it can be easily remedied at an early stage.Â*

Does anyone know when i should expect a letter from the court?Â*Â*

[scoey1001]

Ok great. I've now submitted the defence!

Where it asks for a signature i have stated i am acting on behalf of the claimant and given my name. Hope this is ok?

Hi Jaguar and Diana (and everyone else),

There have been some developments, namely 4 letters received.

1. 14/02 - Letter from BW legal saying they have received my request for information and have forwarded the request to their client.

2. 21/02 - Letter from BW legal saying that their client intends to continue with the claim, and that they have notified the court the same.

3. 21/02 - Letter from BW legal offering a 20% reduction to settle now, either lump sum or by installments, expires 07/03.

4. 22/02 - Letter from court stating

1. This is now a defended claim, *a copy of which is enclosed* <<<< This bit was crossed out and no copy enclosed.

2. Appears case is suitable for allocation to the small claims track??

3. Copy of questionnaire N180 is enclosed and i should fill out and send back by 12 March.

Can anyone help with how i should proceed? does this mean lowell have provided the information? and if not why am i being asked to fill out the questionnaire which relates to mediation etc. if they have not submitted the correct documentation?

Thanks

[Amethyst]

All sounds entirely normal

1. This is now a defended claim, *a copy of which is enclosed* <<<< This bit was crossed out and no copy enclosed.

This is also normal, they send the same letter to the Claimant as to the Defendant, they just cross that bit out on the Defendant's copy. It's just confirmation your defence has been sent to the other side really.

3. Copy of questionnaire N180 is enclosed and i should fill out and send back by 12 March.

That is also standard and you should complete it, send the original to the court and a copy to the Claimant. Say Yes to Mediation, it can always be cancelled if no documentation is provided before the Mediation date, but it gives you room to negotiate in the case that everything is provided before then.

The court will not have actually looked at the claim or defence in any detail so it is just following the standard process, once it is sent over to your local court ( which happens after you file and serve your N180 ) someone , court manager / judge etc, will have a look over and either issue directions or set a hearing date.

[scoey1001]

Thanks Amethyst,

How will i know if/when the documentation has been provided?

Also should i continue to use my details or should i now provide my partners name on the questionnaire?

Thanks

[Amethyst]

The documents would be sent to you, not to the court, they might be copied to the court if they file witness statements, but they should come to you first in any event.

The Directions Questionnaire should be completed by the Defendant, so yes you'll need to get your partner to do it xxxx

[scoey1001]

The documents would be sent to you, not to the court, they might be copied to the court if they file witness statements, but they should come to you first in any event.

The Directions Questionnaire should be completed by the Defendant, so yes you'll need to get your partner to do it xxxx

Thanks, so if i don't receive the documents before the mediation date how should i proceed? do i have to notify the court or will it just go to hearing? my partner will not under any circumstances attend a hearing. I have tried to persuade her but there is no way she will agree to it.

[Amethyst]

I don't blame her, horrible things.... worse than the Dentist in my book

it is actually quite unusual for these cases to actually get to a hearing and there is plenty of opportunity to negotiate a settlement before you get anywhere near a courtroom.

If no documents arrive before mediation ( mediation is a three way telephone call btw, you talk to a mediator, mediator talks to claimant, then passes messages back and forth ) then you will simply tell the mediator that you haven't received any documents so aren't really in a position to mediate - they normally actually send a form before the call asking the question first , and if you say No to documents then, it's just cancelled.

When the case has been transferred to your local court they will issue further directions, mediation info etc.... the general point for the other side discotninuing is at the point they have to pay the hearing fee and when witness statements ( and thus their evidence/documents ) are required.... that's normally 2 -4 weeks before the hearing, so you will have a good idea where you stand well before the hearing and can take any evasive action at that point.

[scoey1001]

I don't blame her, horrible things.... worse than the Dentist in my book

it is actually quite unusual for these cases to actually get to a hearing and there is plenty of opportunity to negotiate a settlement before you get anywhere near a courtroom.

If no documents arrive before mediation ( mediation is a three way telephone call btw, you talk to a mediator, mediator talks to claimant, then passes messages back and forth ) then you will simply tell the mediator that you haven't received any documents so aren't really in a position to mediate - they normally actually send a form before the call asking the question first , and if you say No to documents then, it's just cancelled.

When the case has been transferred to your local court they will issue further directions, mediation info etc.... the general point for the other side discotninuing is at the point they have to pay the hearing fee and when witness statements ( and thus their evidence/documents ) are required.... that's normally 2 -4 weeks before the hearing, so you will have a good idea where you stand well before the hearing and can take any evasive action at that point.

lol. Sorry for all the questions....but here's another! So if we get to the point that they do provide the documentation what evasive action can be taken? Can we then ask for mediation again? or do we just pay up, and if so will it be the full amount with no option for installments? Also will there be added costs? Thanks so much for your help.