Claimant threatening summary judgement on stayed ccj claim. Should I reply?

[peterfranks]

The circus continues.....
In this never ending case I have now received a court order saying that
judge xxx has considered the case and allocated it to small claims track.
court believes case is suitable for mediation
parties to deliver witness statements of evidence by xxx 2019
Evidently no penalty for the claimant who missed court ordered deadline for producing documents
I don't get it.
First I get ccj claim- then i defend claim
after 2 years they ask to lift stay on claim
I go to court with amended defence
court lifts stay and asks for new statements
I make new witness statement
now they seem to be taking us all back to square one.
do i just resend my witness statement?

[peterfranks]

and two days after i received the above I have got another letter from the court with a date for hearing.

What should i do now? Sit tight or do i need to write something back?

[jaguarsuk]

and two days after i received the above I have got another letter from the court with a date for hearing.

What should i do now? Sit tight or do i need to write something back?

Apologies about a delay in coming back to you, work has been crazy recently.

Okay so now you'll get to write, file and serve a witness statement. This was always going to be the way this went and their failure to comply with the court order is just additional information regards their conduct in this claim.

This will be formatted similar to the defence, but it's a different type of document. Essentially this is where you tell the story and instead of refering to "the defendant" everything is written in the first person. Along the lines of:

I received a claim from X on X.

I didn't recognise the alleged debt and asked the claimant for more information. Now produced and marked PF1 is a copy of the letter requesting it.

I didn't get a response, so on X I filed a defence stating all that I knew at the time.

The claimant informed me they had dispensed with their solicitor.

The claim got stayed.

I forgot about it until 2 years later to my surprise the claimant applied to lift the stay and obtain summary judgement.

They still couldn't provide all the information requested.

I opposed the summary judgement application successfully.

They were ordered to file new particulars of claim giving them extra opportunity to supply all the information to evidence their claim.

They re-titled their application for summary judgement witness statement, offered no new evidence, filed and served it after the date ordered by the court.

That made it really difficult for me as a Litigant in Person to produce a CPR compliant defence, I'd have expected better of the legal profession.

Frankly the claimant's behaviour throughout has been shocking.

I don't recognise this debt, the claimant can't prove they have the right to lawfully bring this claim or produce all of the documents to show the debt is owed as claimed.

I respectfully request the claim be dismissed and that consideration be given pursuant to CPR 27.14 that the claimant be ordered to pay me cost of and occasioned in the dealing of this matter.


Obviously you need to expand it, but that's the general gist of the story.

[peterfranks]

Thanks Jaguarsuk. I assume I need to send copies to both the court and claimant.

Do I use the same formula template as for the original defence witness statement? Also apart from writing in the first person how is this different from my previous witness statement / defence ?? It just seems to be repetition

[jaguarsuk]

Thanks Jaguarsuk. I assume I need to send copies to both the court and claimant.

Do I use the same formula template as for the original defence witness statement? Also apart from writing in the first person how is this different from my previous witness statement / defence ?? It just seems to be repetition

Yes, you file with the court and serve on the claimant at the address for service.

There is a helpful guide on Witness Statements.

The previous WS was solely in defence of that particular application. Most of the content of it has transferred to your Defence as filed, so those bits are no longer relevant as witness statements. The bits such as the screenshot being illegible and unclear whom it's from, that they don't even produce a copy of a letter titled as the one issued to show it's a default notice.

You will want to introduce evidence such as that you requested the documents, you'll want to highlight that they basically have not changed anything from their WS to the new PoC and that what was in the WS with their application wasn't good enough to get a summary judgement, so isn't good enough to get judgement.

This new witness statement will be where you give your opinions as your own witness, that's why it's in the first person because it's what you think and not making legal points.

Obviously do a draft and put it on here for critique.

[peterfranks]

ok, thats clear. Will post something this week to view, thanks again

[peterfranks]

Here is a first stab

Case number xxxxxxx


Case between

ARROW GLOBAL LIMITED Claimant
xxxxxxxx Defendant


WITNESS STATEMENT OF xxxxxxxx Defendant

1. I Mr xxxxxxxxxxxxx am the defendant in these proceedings.
2. On xxxx.2017 Restons Solicitors Limited acting for the claimant issued a claim through money claim online. I did not recognise the alleged debt and the particulars of claim were insufficient to allow me to properly asses my position.
3. I made a request to the claimant’s solicitor under CPR 31.14 to inspect the documents mentioned in the limited Particulars of Claim as a well as a request for documentation under the Consumer Credit Act 1974 s.77-78 to the claimant. Doc.1/2
4. The claimant and their solicitor failed to comply with either request, so I filed a defence based on the limited information within the deadline of the court.
5. For nearly two years I heard nothing from either the claimant or the court until, to my surprise, the claimant applied to lift the stay and obtain summary judgement.
6. On xxx of 2019 I attended court and opposed the summary judgement application successfully. This despite the claimant initially claiming to have never received my defence and then…during the same session…admitting to have actually received it.
7. The claimant was ordered by Judge xxxxx to file new particulars of claim giving them an extra opportunity to supply all the information to evidence their claim.
8. The claimant consequently merely re-titled their application for summary judgement witness statement, offered no new evidence, filed and served it after the date ordered by the court.
9. That made it really difficult for me as a Litigant in Person to produce a CPR compliant defence.
10. Overall the claimant’s actions throughout have been perturbing. Waiting two years before replying to my original defence, claiming to have never received and then admitting to having received my defence during the court hearing on xxx and then still not providing the required documentation to show the debt is owed as claimed.
11. I don't recognise this debt, the claimant can't prove they have the right to lawfully bring this claim or produce all of the documents to show the debt is owed as claimed and have had two years in which to do so. To summarise:
    1. The claimant has failed to evidence a notice of assignment from New Day of the alleged debt being assigned to Idem.
    2. The claimant has failed to evidence a notice of assignment from Idem of the alleged debt being assigned to them from New Day.
    3. The claimant has failed to evidence a notice of assignment from Idem of the alleged debt being assigned to them.
    4. The illegible photocopy of a screenshot they provided makes it impossible to evidence any default notice compliant with the Consumer Credit Act 1974 s.88 was ever served.
12. I respectfully request the claim be dismissed and that consideration be given pursuant to CPR 27.14 that the claimant be ordered to pay me cost of and occasioned in the dealing of this matter.
13. I, xxxxx, as defendant believe all facts stated within this witness statement to be true

[jaguarsuk]

It’s a good start, I’ll try to take a proper look tomorrow.

[peterfranks]

[jaguarsuk]

How about this as a rework?

WITNESS STATEMENT

1. I Mr xxxxxxxxxxxxx am the defendant in these proceedings.
2. On xxxx.2017 Restons Solicitors Limited acting for the claimant issued a claim through money claim online.
3. I did not recognise the alleged debt because I believe that the credit facility I had previously had with New Day Limited had been paid in full.
4. The claimant’s particulars of claim were insufficient to allow me to properly asses my position.
5. I made a request to the claimant’s solicitor under CPR 31.14 to inspect the documents mentioned in the limited Particulars of Claim. Enclosed and marked PF1 is a copy.
6. I made a request for documentation under the Consumer Credit Act 1974 s.77-78 to the claimant. Enclosed and marked PF2 is a copy.
7. The claimant and their solicitor failed to comply with either request, so I filed a defence based on the limited information I had within the deadline of the court.
8. I heard nothing from the court or claimant, so I believed the claim to have been stayed.
9. Between then and now the claimant sent me a letter to inform me Restons Solicitors Limited were no longer acting for them, admittedly I can’t recall the specific date of this.
10. After nearly two, to my surprise, the claimant applied to lift the stay and obtain summary judgement.
11. On xxx of 2019 I attended court to oppose the application for summary judgement.
12. During that hearing the claimant’s counsel alleged that I had not served them with my witness statement to oppose the application, before miraculously finding it under questioning from the bench and my assertion I could prove service.
13. The claimant was not successful in evidencing their claim to obtain summary judgement.
14. The claimant was ordered by District Judge xxxxx to file new Particulars of Claim by XX/XX/2019, which gave them an extra opportunity to supply all the information to evidence their claim.
15. I was also ordered that I subsequently file an amended defence and provide evidence of service of my witness statement to oppose the application.
16. On returning home I filed proof of service with the court and served a copy upon the claimant.
17. I received the claimants new Particulars of Claim on XX/XX/2019.
18. To my surprise the claimant had merely re-titled their Witness Statement from the application on XX/XX/2019.
19. They have offered no new evidence as well as filed and served it after the date ordered by the court.
20. As a Litigant in Person I’m not familiar with court documents, so even taking one day off the time allowed to produce an amended defence impacts my ability to produce a CPR compliant defence.
21. Overall the claimant’s actions throughout have been perturbing. Waiting two years before replying to my original defence, claiming to have never received and then admitting to having received my Witness Statement during the court hearing on xxx and then still not providing the required documentation to show the alleged debt is owed as claimed.
22. I don’t understand why having been unsuccessful in their application for summary judgement and not being able to provide new evidence of their claim the claimant is wasting all of our time?
23. I don't recognise this alleged debt, the claimant has provided insufficient evidence to prove I owe this alleged debt and can't prove they even have the right to lawfully bring this claim.
24. They have had two years in which to do so.
25. To summarise:
    1. The claimant has failed to evidence a notice of assignment from New Day of the alleged debt being assigned to Idem.
    2. The claimant has failed to evidence a notice of assignment from Idem of the alleged debt being assigned to them.
    3. Therefore they have not satisfied they are the owner of the alleged debt as claimed under the Law of Property Act 1925.
    4. The illegible photocopy of a screenshot provided makes it as a document fall far short of the standards of evidence, given you can’t actually read what it is detailing and from whom.
    5. The illegible photocopy is not in my opinion evidence of a default notice having been served under the Consumer Credit Act 1974 s.87 and by what I can read of the title of the letter it is supposedly issuing it is more likely a Debt Collectors letter due to it being abbreviated “COLLTRS.”
    6. Had I received such a letter I would have queried it at the time, but I don’t recall receiving any letters as plead in my original Defence in 2017.
    7. No copy of a default notice compliant with the Consumer Credit Act 1974 s.88 has been evidenced.
26. I respectfully request the claim be dismissed and that consideration be given pursuant to CPR 27.14 for the reasons set out in paragraph X of my Amended Defence and the claimant be ordered to pay me cost of and occasioned in the dealing with this matter.
27. I, xxxxx, as defendant believe all facts stated within this witness statement to be true.

[peterfranks]

thanks for that jaguarsuk!

[jaguarsuk]

Updated with paragraphs 10 and 11 added.

1. I Mr xxxxxxxxxxxxx am the defendant in these proceedings.
2. On xxxx.2017 Restons Solicitors Limited acting for the claimant issued a claim through money claim online.
3. I did not recognise the alleged debt because I believe that the credit facility I had previously had with New Day Limited had been paid in full.
4. The claimant’s particulars of claim were insufficient to allow me to properly asses my position.
5. I made a request to the claimant’s solicitor under CPR 31.14 to inspect the documents mentioned in the limited Particulars of Claim. Enclosed and marked PF1 is a copy.
6. I made a request for documentation under the Consumer Credit Act 1974 s.77-78 to the claimant. Enclosed and marked PF2 is a copy.
7. The claimant and their solicitor failed to comply with either request, so I filed a defence based on the limited information I had within the deadline of the court.
8. I heard nothing from the court or claimant, so I believed the claim to have been stayed.
9. Between then and now the claimant sent me a letter to inform me Restons Solicitors Limited were no longer acting for them, admittedly I can’t recall the specific date of this.
10. Six months after the receipt of the claim I was sent an offer by New Day Limited for a Credit Card, which I accepted and I have remained a returned customer of theirs since. Enclosed and mark PF3 is a photograph of my current card with New Day Limited with the first 12 numbers and expiry date redacted for security reasons.
11. This further strengthens my belief that the credit facility I had previously had with New Day Limited had been paid in full, as why would they offer a bad debtor a new line of credit?
12. After nearly two, to my surprise, the claimant applied to lift the stay and obtain summary judgement.
13. On xxx of 2019 I attended court to oppose the application for summary judgement.
14. During that hearing the claimant’s counsel alleged that I had not served them with my witness statement to oppose the application, before miraculously finding it under questioning from the bench and my assertion I could prove service.
15. The claimant was not successful in evidencing their claim to obtain summary judgement.
16. The claimant was ordered by District Judge xxxxx to file new Particulars of Claim by XX/XX/2019, which gave them an extra opportunity to supply all the information to evidence their claim.
17. I was also ordered that I subsequently file an amended defence and provide evidence of service of my witness statement to oppose the application.
18. On returning home I filed proof of service with the court and served a copy upon the claimant.
19. I received the claimants new Particulars of Claim on XX/XX/2019.
20. To my surprise the claimant had merely re-titled their Witness Statement from the application on XX/XX/2019.
21. They have offered no new evidence as well as filed and served it after the date ordered by the court.
22. As a Litigant in Person I’m not familiar with court documents, so even taking one day off the time allowed to produce an amended defence impacts my ability to produce a CPR compliant defence.
23. Overall the claimant’s actions throughout have been perturbing. Waiting two years before replying to my original defence, claiming to have never received and then admitting to having received my Witness Statement during the court hearing on xxx and then still not providing the required documentation to show the alleged debt is owed as claimed.
24. I don’t understand why having been unsuccessful in their application for summary judgement and not being able to provide new evidence of their claim the claimant is wasting all of our time?
25. I don't recognise this alleged debt, the claimant has provided insufficient evidence to prove I owe this alleged debt and can't prove they even have the right to lawfully bring this claim.
26. They have had two years in which to do so.
27. To summarise:
    1. The claimant has failed to evidence a notice of assignment from New Day of the alleged debt being assigned to Idem.
    2. The claimant has failed to evidence a notice of assignment from Idem of the alleged debt being assigned to them.
    3. Therefore they have not satisfied they are the owner of the alleged debt as claimed under the Law of Property Act 1925.
    4. The illegible photocopy of a screenshot provided makes it as a document fall far short of the standards of evidence, given you can’t actually read what it is detailing and from whom.
    5. The illegible photocopy is not in my opinion evidence of a default notice having been served under the Consumer Credit Act 1974 s.87 and by what I can read of the title of the letter it is supposedly issuing it is more likely a Debt Collectors letter due to it being abbreviated “COLLTRS.”
    6. Had I received such a letter I would have queried it at the time, but I don’t recall receiving any letters as plead in my original Defence in 2017.
    7. No copy of a default notice compliant with the Consumer Credit Act 1974 s.88 has been evidenced.
28. I respectfully request the claim be dismissed and that consideration be given pursuant to CPR 27.14 for the reasons set out in paragraph X of my Amended Defence and the claimant be ordered to pay me cost of and occasioned in the dealing with this matter.
29. I, xxxxx, as defendant believe all facts stated within this witness statement to be true.

[peterfranks]

Update!!

Today I recieved letter from county court
" The Claimant having failed to pay hearing fee,,,,, the Claim was Struck out.

hearing on xX sept vacated.

Good news!
so my question now is

Is that the end of it?
What about my counter Claim for costs?

[Amethyst]

Great news. I can't see that you entered a counterclaim at all ? and you wouldn't counterclaim for costs in any case. You could ask for wasted costs however this is small claims track so they would only be awarded if the court decided the claimant acted unreasonably, and they'd be very limited in any case. Be aware that the claimant could try to rectify the non payment of the hearing fee ( they have to apply to vary within 7 days normally - if they do this they normally blame admin errors and get away with it ) so it may get picked back up.

[peterfranks]

Thanks amethyst.

I said counter Claim, but I meant that I had asked for costs in my defence statement