**WON** Received Claim from Quickly Finance T/A Fast Track Reclaim

[EXC]

Your amended defence is better now but you need to begin with ''The claim is denied in full'' so it's clear what your basic position is.

Have you got a copy of the HMRC letter referred to in paragraph 8? If so you need to make that clear. It would help your case to attach it to your witness statement if & when it comes to filing one. I think the lack of a legitimate deed of assignment (and your informed consent to one) is your strongest ground.

CPR are the Civil Procedure Rules which govern the litigation process. The link that echat posted allows you to request documents that are relevant to the particulars of claim so it's worth firing one off. I would email the CPR request (as well as posting it) to help speed things up. That way if there's anything in the response that is useful to your defence you can include it. So hold off filing your defence until near the deadline just in case.

[SeaEmSee]

Hopefully the LB members who advised on your previous thread, will continue to advise on this thread. In the meantime the following is a example defence (remove anything with regards to CCA 1974), so will give you a 'structure'. Your defence needs numbers and headings, in your defence you should be addressing their Particulars of Claim. Your defence reads like an essay. Remove anything with regards to CCA 1974.

https://legalbeagles.info/library/gu...-court-claims/

You also need to make a CPR 31.14 request, so they need to send you the documents they are relying on to make the claim against you. You'll know which documents they are using as they'll be stated in the Particulars of Claim.

Make sure you get Proof of Postage.

https://legalbeagles.info/library/gu...-of-documents/

Hi, apologies, I've only just seen this response....They are using the T's &C's and the invoice. I have these already as they were part of the SARs pack, along with the marketing email I responded to in 2021. What they've also said (although not put in writing) is that even though HMRC put in writing to the that their claim is invalid and that there was no deed of assignment in place they have said "then why did HMRC tell us of your refund". To this, they have a point! I have a tier 2 complaint with HMRC at the moment and they have still not responded, it's been 8 weeks so far. I got another text from them last week saying "sorry for the delay". My paranoid mind tells me they're working on an elaborate cover up to get themselves out of a GDPR issue!

[SeaEmSee]

Yes, I have all the letters HMRC sent - including one recently received to confirm that there are no listed agents on my account - and all that is attached to the witness statement already, which is prepped and ready to go.

do I need to send the original Claim Form that JJL filed when I send the defence statement back?

Thanks on CPR info, i'll send that off to JJL now but I'm pretty sure they'll just send me the "signed" T's and C's and the invoice.

[SeaEmSee]

I'm so sorry, another ridiculous question. The draft letter for requesting CPR seems to state that I need to quote the documents that were referred to by them on the claim form. They literally just mention the Ts and Cs of service and the invoice along with "demands from the Claimant and the letters before action". I already have these as they formed part of the SARs. Interestingly, the Ts and Cs that were allegedly signed and the T's and C's that were quoted in the Letter Before Action are different.....in so far as clause 2.1.2 does not exist at all on the Terms that were allegedly signed on 21st August 2021.

Essentially, I have all this already, so is this just to confirm that this is what they're using to build their "case" and that they can't change or amend anything last minute and say something along the lines of "no, these are the ones we mean"?

Also the CPR seems to state that I accept reasonable costs for copy.....? Umm, why?

Apologies I type as I speak - I have no time to amend, I am also trying to work as I'm sure y'all are as well, so I massively appreciate your help

[EXC]

do I need to send the original Claim Form that JJL filed when I send the defence statement back?

No but you need to put the claim number on the defence.

[EXC]

I'm so sorry, another ridiculous question. The draft letter for requesting CPR seems to state that I need to quote the documents that were referred to by them on the claim form. They literally just mention the Ts and Cs of service and the invoice along with "demands from the Claimant and the letters before action". I already have these as they formed part of the SARs. Interestingly, the Ts and Cs that were allegedly signed and the T's and C's that were quoted in the Letter Before Action are different.....in so far as clause 2.1.2 does not exist at all on the Terms that were allegedly signed on 21st August 2021.

Essentially, I have all this already, so is this just to confirm that this is what they're using to build their "case" and that they can't change or amend anything last minute and say something along the lines of "no, these are the ones we mean"?

Also the CPR seems to state that I accept reasonable costs for copy.....? Umm, why?

Apologies I type as I speak - I have no time to amend, I am also trying to work as I'm sure y'all are as well, so I massively appreciate your help

Ask for all documents relating to 'services' allegedly provided in the particulars. Don't include mention of the reasonable costs. You might only get what you already have but you never know. This costs nothing to do and shows you're no pushover. Don't panic, it's better to get it right than hurrying things.

[EXC]

Example layout for your defence Example Defence for Consumer Credit Court Claims - LegalBeagles

[echat11]

a) I'm so sorry, another ridiculous question. The draft letter for requesting CPR seems to state that I need to quote the documents that were referred to by them on the claim form. They literally just mention the Ts and Cs of service and the invoice along with "demands from the Claimant and the letters before action". I already have these as they formed part of the SARs. Interestingly, the Ts and Cs that were allegedly signed and the T's and C's that were quoted in the Letter Before Action are different.....in so far as clause 2.1.2 does not exist at all on the Terms that were allegedly signed on 21st August 2021.

Because CPR 31.14 is part of the Small Claims Court protocols, you need to request all the documents stated in their PoC.

b) Essentially, I have all this already, so is this just to confirm that this is what they're using to build their "case" and that they can't change or amend anything last minute and say something along the lines of "no, these are the ones we mean"?

You need to request them again as part of the CPR protocols, so you can state in your defence that they have been requested. Make sure you get Proof of Postage. They can do what they like, you need to concentrate on what you have to do, you can't control what they do.

c) Also the CPR seems to state that I accept reasonable costs for copy.....? Umm, why?

That's if there are a 'ton' of documents, in your case there aren't that many.

[snoopydog7]

Forgive me if I’m not supposed to add to this thread but my friend is going through pretty much the same thing. The stress it’s putting her through is sickening to see and I’ve been reading everything I can to try and help along with replies and gather evidence against these cowboys. Thanks to everyone on here for such helpful advice. While looking at the PDF N1 form and statement of truth they sent to her, I noticed that it had been created and signed 2 and a half years ago? The particulars of claim and other details along with the signature date had been added just before Christmas. Is this legal for a solicitors to do? Surely you sign after the particulars have been added? SeaEmSee it would be interesting to know if they are using the same form to send into the courts for everyone and changing the details.

[echat11]

Forgive me if I’m not supposed to add to this thread but my friend is going through pretty much the same thing. The stress it’s putting her through is sickening to see and I’ve been reading everything I can to try and help along with replies and gather evidence against these cowboys. Thanks to everyone on here for such helpful advice. While looking at the PDF N1 form and statement of truth they sent to her, I noticed that it had been created and signed 2 and a half years ago? The particulars of claim and other details along with the signature date had been added just before Christmas. Is this legal for a solicitors to do? Surely you sign after the particulars have been added? SeaEmSee it would be interesting to know if they are using the same form to send into the courts for everyone and changing the details.

The best thing to do is to start your own thread.

[SeaEmSee]

Forgive me if I’m not supposed to add to this thread but my friend is going through pretty much the same thing. The stress it’s putting her through is sickening to see and I’ve been reading everything I can to try and help along with replies and gather evidence against these cowboys. Thanks to everyone on here for such helpful advice. While looking at the PDF N1 form and statement of truth they sent to her, I noticed that it had been created and signed 2 and a half years ago? The particulars of claim and other details along with the signature date had been added just before Christmas. Is this legal for a solicitors to do? Surely you sign after the particulars have been added? SeaEmSee it would be interesting to know if they are using the same form to send into the courts for everyone and changing the details.

Hi mate, sorry to hear about your friend. yes, this has put me on meds too, so I totally understand

In terms of the date, there is only one place where the date is entered and that is on the Statement of Truth Page, in my case, they entered date of 5th Dec 2023, which was when they "filed" it (e.g paid for it to be served, as any individual or company can do this, but a fee is payable by any Claimant who wants to take this action - no idea what that fee is). The CCMCC are clearly running a month out as it was issued by them on 3rd Jan and stamped as Date of Service (ie, when they expected it to be served) as 8th Jan.

AHHHH I've just got what you mean, YES, the document name is N1 Claim Form JAU signature 26 04 21.pdf - so yes, I have the same one. Expect this to drop through the door within next 28 days

Seriously, I wonder just how many people are going through this with the loophole that is the HMRC - as this is not regulated by the FOS, Legal Ombudsman or FCA? This has to change. Ooh I feel an Alan Bates moment coming on!

[snoopydog7]

AHHHH I've just got what you mean, YES, the document name is N1 Claim Form JAU signature 26 04 21.pdf - so yes, I have the same one. Expect this to drop through the door within next 28 days

Yes exactly the same PDF. It was created in February 2021 and no prizes for guessing who JAU is. So maybe someone can tell me if it's still legal to send an N1 to court if it's not been dated on the day it was signed?

Hope it goes well for you and as I said to my friend "It's scary but they will never stop if you don't stand up to them!"

[SeaEmSee]

Yes exactly the same PDF. It was created in February 2021 and no prizes for guessing who JAU is. So maybe someone can tell me if it's still legal to send an N1 to court if it's not been dated on the day it was signed?

Hope it goes well for you and as I said to my friend "It's scary but they will never stop if you don't stand up to them!"

It's only a file name I guess, as they clearly do this a lot, I'm sure "Mr JAU" doesn't want to spend his whole day signing paperwork! The document itself is still relevant and current from the CCMCC. They also DON'T do these online, as there is no password created, I called the CCMCC this morning and they said that this is not a case that is online so I can't file my Acknowledgement online either - so I've emailed to them and gotten the auto-receipt. I'll also post it. However, what this tells me is that they keep a generic blank form saved on a hard drive and pull it out when relevant, and "file" the cases the old fashioned way rather than online via the moneyclaim.gov.uk link

[SeaEmSee]

EXC echat11

In the County Court Money Claims Centre
Claim No: MXXXXX1
Claimants Name: Quickly Finance Limited t/a Fast Track Reclaim
And
Defendants Name:
DEFENCE STATEMENT:

1. The Defendant received the claim MXXXXX81 from the County Court Money Claims Centre on 8^th January 2024 and acknowledged on the same day via email to ccmcce-filing@justice.gov.uk .

1. The claim is denied in full.

1. The claimant is seeking to recover £1100.29 from me because it states that it “represented me [the defendant] in the successful recovery of a tax refund from HMRC"
2. The claimant absolutely did NOT represent me in any successful claims with the HMRC, as not only have I been successfully submitting my own self-assessments since 2016/17; but also that there is proof from HMRC that the claimant attempted to claim a tax refund relating to a PPI claim in 2017 and that I was already registered for Self-Assessment when they filed the claim for the 2017/18 tax year in 2021.
3. In their apparent representation, the Claimant sent one letter in 2021 which was the 64-8 form and the R40. They did not have my approval for any blanket assignment to claim 30% of my annual tax returns and in fact, transposed a signature on to a 64-8 and R40 form and sent them to HMRC without my knowledge or informed consent to do so.

1. They then sent a follow up / Chase letter dated 11th May 2022 about the original claim for the PPI tax rebate of £108.51 from the successful PPI claim in 2017 (full paperwork available for this)

1. They then sent the last follow up / Chase letter dated 12th June 2023 and which was referring to the original claim as FTR quoted within this letter: “As per our records, the tax claim was submitted to HMRC on 27/08/2021 11:22:28, and we have not received any correspondence regarding its progress or status since then….” Further proof that the representation that they deem to suggest they provided me, was not for my 2022/2023 self-assessment tax return!
2. For the avoidance of doubt, I logged in to my Government Gateway in July 2023 - shortly after I got my P60 - and filed my annual tax return for 2022/23 tax year (as I do every year). The Claimant had absolutely nothing to do with this and did not represent me in any of this activity. Proof can be provided of login times, dates, actions and outcomes for this and all the other times I have logged in to my Government Gateway and filed my tax returns online.
3. Accordingly, the Claimant does not act as an Agent for my annual tax returns and never has done, as stated, I have proof of this. As soon as I was informed by HMRC they had filed a 64-8 and were present on my account in September 2023 (I needed to ask the question to HMRC, and I was only prompted to do because I received an invoice from FTR – prior to this time, I was completely unaware of their existence; In addition to this, HMRC informed me that I would not have known of their presence, as they do not show up on my Government Gateway login) they were removed, immediately and without question.
4. HMRC sent a letter dated 5^th October 2023 to the Claimant, informing them that they had only filed a Bare Nomination form for the 2017/18 tax year and that there was no deed of assignment in place. They also confirmed to them in this letter that the R40 they filed was rejected as I was already in Self-Assessment and an Overpayment Relief Claim would've been required. This was never received and as the 2017/18 tax year timeframe for claims has now passed, this claim is invalid. A copy of this letter can be provided.
5. The Claimant does not believe that they have been removed from my account and are still insistent that I need to sign a form sent by them, to me, which I then need to sign and post back to them for them to then countersign and send on to HMRC. Only then are they removed from my account. As per point 9 above, this is demonstrably not the case as, if nothing else, there was never any deed of assignment in place. I received and can provide a copy of a further letter from HMRC dated 14^th November 2023, confirming that I have no agents or agency showing on SA record as able to represent or file returns for me.

1. Conversely, I also filed a tax return in December 2022 for the 2021/22 tax year and received a rebate in Feb 2023. There was no contact from FTR for this, no invoice produced and no emails received to inform me of their “successful claim” in their alleged representation of me.
2. Proof can be provided as to the apparent response to the actual email marketing from August 2021 which specifically mentioned a tax rebate on a successful PPI claim for the exact amount of £108.51 - this is not pursuant to an annual tax return filed in 2023 for the 2022/23 tax year by myself on my own Government Gateway login.
3. Proof can be provided as to the fact that I heard nothing from FTR between October 2021 (when I unsubscribed from their marketing) until Sept 2023 when HMRC refunded me for my annual tax return for the 2022/23 tax year, which as previously mentioned, I filed myself, on line via my own Government Gateway login, in July 2023.

1. Within the Claimants Terms and Conditions of Service, there is no clause that states full representation across all HMRC matters, nor that they will be acting as a permanent agent for me across all HMRC matters. The Terms and Conditions of Service that they provided me, which I allegedly signed in August 2021, are markedly different to the ones that were transposed into the Letter before Action, in so far as a completely new clause had been entered.

1. Accordingly, it is denied that the Claimant is entitled to any relief as claimed.

Statement of Truth
I believe that the facts stated in this Defence Statement of MXXXXX1 are true. I understand that proceedings for contempt of court may be brought against anyone who makes, or causes to be made, a false statement in a document verified by a statement of truth without an honest belief in its truth.

Name:
Signature:
Date:

[echat11]

You really only need to address their PoC.

You really need to stick to 'Defendant', remove 'me', 'my' etc.

Also, your proof / evidence will be needed later on, as EXC stated.

If we reach the 'Witness Statement' stage, you'll be able to link the statements in your Witness Statement with the documents you are referring too. If you put that in your Defence, only you and the Claimant will know what you are talking about.