Advice please - court claim received

[flinko]

Re: Advice please - court claim received

That was received after 5pm yesterday....not sure how exactly they could contact me today before the 5pm deadline without a same-day courier or something?
Would I be best to get this N244 application in ASAP after the deadline today before they (and if of course) attempt contact?

[alham]

Re: Advice please - court claim received

If they attempt further contact the court, in all probability, will allow them time to comply with your request. In any case get ready to fill in the N244 tomorrow, but remember that in all probability it will take time for the court to grant you a strike out during which time they may come up with goodies. But don't worry, they are definitely on the back foot.

[flinko]

Re: Advice please - court claim received

Thanks Alham,

Miliitant - are you able to help with that? you said you had drafted something?

Can I get these N244 forms online or do I need to apply for them or something? Where do I post/take them?

[flinko]

Re: Advice please - court claim received

Having read through some other threads, it seems a similar situation to Lizzi....Do I need to form the same sort of defence as per below (kindly put together by you beagles)

IN THE XXXXXX COUNTY COURT

CLAIM BUMBER XXXXX

BETWEEN
Britannica Recoveries
CLAIMANT
V
Flinko
DEFENDANT

DEFENCE


1. This claim is neither admitted nor denied with regards to the Defendant entering in to an Agreement or contract referred to in the Particulars of Claim ('the Agreement' or contract) the Claimant has yet to disclose any Agreement or contract as to the defendants CPR 31.14 Request. The claim fails to disclose any cause of action and is extremely vague in nature. The claim fails to deal with the basic rules of CPR, even allowing for the constraints of a bulk issuer.

2. The defendant has absolutely no knowledge of any debt, and despite my asking for proof that a debt exists nothing has been forthcoming.

3. No documents supporting this claim have been attached in the particulars despite a request under CPR 31.14, and as a result of this, the defendant is unable to plead in defence to this claim.

4. Without clarification of the claimants claim, the defendant is extremely disadvantaged and the claimants claim appears to be without merit. The defendant asks to be allowed to submit a complete defence should the claimant provide copies of the original document he will rely on.

5. The particulars of claim are denied with regards to the Defendant owing any monies to the Claimant and the Claimant is put to strict proof to:

(a) show how the Defendant has entered into an agreement or contract with the Claimant; and
(b) show how the Defendant has reached the amount claimed for; and
(c) show how the Claimant has the legal right, either under statute or equity to issue a claim;

6. As per Civil Procedure Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed.

7. Furthermore, even if the Claimant is an assignee of a debt, it is denied that the Claimant has the right to lay a claim due to contraventions of Section 136 and 196 of the Law of Property Act 1925 and Section 82 (a) of the Consumer Credit Act 1974.

8. The claimant has failed to comply with sections 111 AND 1V of the pre action conduct "practice directions"

9. By reason of the facts and matters set out above, it is denied that the Claimant is entitled to the relief claimed or any relief.

10. For avoidance of doubt, the defendant is unable to plead effectively or at all to the particulars of claim


Statement ofTruth


I believe that the facts stated in this Defence of claim to be true.

Dated this 29^th November 2012.

The issue date of the claim was 5th November so I work it out as defence needing to be in by 5th + 5days + 14 days + 14 days = Saturday 8th December?
If the above is ok, am I best getting it in ASAP now that I the claimant has gone past their two deadlines I gave them or should I wait to see if they come up with anything? (in which case, is there a point in giving deadlines?)

thanks!

[miliitant]

Re: Advice please - court claim received

hi flinko

sorry but i have not been ignoring you

i have had a member in court these last two days and all my attention has been directed towards the member and barrister

you will have my full attention this evening

regards

[flinko]

Re: Advice please - court claim received

Hi Miliitant - no problem, didn't want to harass you as I guessed you have been busy, just was getting worried with the timeframes passing etc

Will wait for you to post later, much appreciated.

[flinko]

Re: Advice please - court claim received

Am I ok for time with this or should I be getting something in quickly?

[Celestine]

Re: Advice please - court claim received

I think the Defence created for Lizzi that you posted above is a very close fit to your situation.

Why not put it together to fit your circumstances, post it up for us to check and if Miliitant has a second, he can check if it's correct rather than awaiting him drafting one from scratch?

:beagle:

[flinko]

Re: Advice please - court claim received

Hi Celestine, that's what I have done above in post #64

[Celestine]

Re: Advice please - court claim received

Gawd sorry, I didn't notice! It was nearly midnight! I'll make sure Miliitant checks this over the week end also xx

[Celestine]

Re: Advice please - court claim received

BUMP

Miliitant Can u check through this Defence and where are we at with CPR31.14??

[miliitant]

Re: Advice please - court claim received

hi flinko

got to you at last

you now have my undevided attention

[miliitant]

Re: Advice please - court claim received

We can do an n244 application if you have £80 spare (you will get that back) or we can submiit the defence and do a directions for strike out with the allocation questionaire at no cost

the choice is yours

[Celestine]

Re: Advice please - court claim received

Not on benefits and can raise 80, what do I need to do?

I think he wanted to crack on with the strike out application as they still haven't complied with cpr request.

Defence is most pressing concern now.

[miliitant]

Re: Advice please - court claim received

i would sugest we put in the defence AND do the strike out application at the same time

that way the N244 application will be delt with first

thats what i would do as the defence is neither admitting nor deny the allegation as we do not have the information to hand

do you agree flinko

i will post up the N244 APPLICATION NOTICE FOR YOU BY MORNING.

i would sugest you take it in person to your local county court even though it can be done on line, ask them to send it on to northampton for you