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Hi first of all thanks to all contributors here for the invaluable resource.
I am defending a claim against a DCA who's client have bought an old Utility debt in my name for which i dispute liability. I have used the templates and information from similar cases here to file a defence. The claimant is now progressing their claim through the courts and i have received the form N180 which I am to complete for directions to small claims track.
I would thus appreciate any advice or guidance at this stage please.
In the defence I have raised the following
1 No original agreement provided between parties (expect name was perhaps put on bill by another party - LL/agent/ex tenant)
2 No default notice provided
3 Pre action not completed properly (no agreement nor statement of account provided)
4 Not enough or correct documents received to assess claim (no agreement, accurate statements or default notice provided)
5 Dispute liability (should be landlords responsibility not tenant due to being an HMO)
6 Might Be statute barred (i have not paid any bills to the account nor acknowledged the debt in previous 6 years)
Since filing the defence the claimant has still not provided an original agreement between the parties nor a default notice despite my written requests. Though they have now provided some bills, some of which contain dates when I did not live there. I have again requested more documents and the original agreement to properly assess the claim so that i can defend the case properly.
* Can anyone please advise how to now fill in the suitability for determination without a hearing and best put forward the required "factual disputes" in the N180 form?
* Can anyone also please advise which specific laws or legislation I am perhaps relying on in 1-6 please to put forward with this?
* Is it necessary to also amend the defence at this stage, to provide evidence to deny the bills in my name that occur during the periods when i didn't live there and that have only just been provided by the DCA after the defence was originally filed?
Many Thanks
I am defending a claim against a DCA who's client have bought an old Utility debt in my name for which i dispute liability. I have used the templates and information from similar cases here to file a defence. The claimant is now progressing their claim through the courts and i have received the form N180 which I am to complete for directions to small claims track.
I would thus appreciate any advice or guidance at this stage please.
In the defence I have raised the following
1 No original agreement provided between parties (expect name was perhaps put on bill by another party - LL/agent/ex tenant)
2 No default notice provided
3 Pre action not completed properly (no agreement nor statement of account provided)
4 Not enough or correct documents received to assess claim (no agreement, accurate statements or default notice provided)
5 Dispute liability (should be landlords responsibility not tenant due to being an HMO)
6 Might Be statute barred (i have not paid any bills to the account nor acknowledged the debt in previous 6 years)
Since filing the defence the claimant has still not provided an original agreement between the parties nor a default notice despite my written requests. Though they have now provided some bills, some of which contain dates when I did not live there. I have again requested more documents and the original agreement to properly assess the claim so that i can defend the case properly.
* Can anyone please advise how to now fill in the suitability for determination without a hearing and best put forward the required "factual disputes" in the N180 form?
* Can anyone also please advise which specific laws or legislation I am perhaps relying on in 1-6 please to put forward with this?
* Is it necessary to also amend the defence at this stage, to provide evidence to deny the bills in my name that occur during the periods when i didn't live there and that have only just been provided by the DCA after the defence was originally filed?
Many Thanks
