Advice please - court claim received

[Celestine]

Re: Advice please - court claim received

Do you feel the Defence Flinko has posted at Post 64 is appropriate for his circumstances?

[miliitant]

Re: Advice please - court claim received

yes i do, i wrote that defence for a poster who had a very poor and vague pertic of claim, so we need to tweak it a little bit for flinko

the statement about having no knowledge of the debt i would remove though as it is stated in the POC as egg banking, and if the op has had an egg credit card, may cause some problems (POINT 2)

i would remove the defendant has no knowledge of the debt and leave in the bit about despite requesting proof of the debt

in point 2 i would delete the post and put in its place

THE DEFENDANT HAS REPEATADLY ASKED THE CLAIMANT FOR PROOF THE DEBT EXISTS, BUT NONE HAS BEEN PROVIDED

COMMENTS PEOPLE

[miliitant]

Re: Advice please - court claim received

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 repeatadly asked the claimant for proof the debt exists but nothing has been forth comming.

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.


CUT AND PASTE THE ABOVE AND SUBMIT ON LINE






Claim No: xxxxxx

Draft Order

1 Unless by 4:00pm on (date) the Claimant complies with a request made by the Defendant on 14/11/2012 pursuant to CPR 31.14 by the provision to the Defendant of documents mentioned in the Particulars of Claim, namely [1] the agreement [2] the default and termination notice [3] the deed of assignment (copy as to Van Lynn Developments V Pelias Construction Co Ltd1968(3) ER 824)
(4) A full statement of account,

The claim shall stand struck out and the Defendant shall be at liberty to enter judgment against the Claimant without further order of the court, and

[ii] the Claimant shall pay the Defendant his costs of this case to be assessed on the standard basis and pursuant to the provisions of The Litigants in Person (Costs and Expenses) Act 1975.

[i]2 In the event that the Claimant shall comply with this order,
[i] the Defendant shall file and serve a Defence by 4:00pm on (date) 28 days from date of application and
[ii] the Claimant shall pay the Defendant his/her costs of this application


TAKE THE ABOVE N244 APPLICATION TO YOUR LOCAL COURT AND ASK THEM TO SEND ONTO NORTHAMPTON FOR YOU. TAKE WITH YOU THREE COPIES, ENCLOSE A COPY OF THE CPR 31.14 REQUEST AND ALSO A COPY OF THE above draft order and your original defence posted above. IT WILL COST YOU £80 FOR THIS APPLICATION NOTICE


JUST FILL IN THE BLANKS ON THE DEFENCE AND N244 APPLICATION NOTICE SUCH AS CLAIM NUMBER, NAME,ADDRESS, ETC

[flinko]

Re: Advice please - court claim received

Wow that's fantastic militant, I'll digest and post any queries this afternoon if you don't mind just so I know exactly what I am doing.

[flinko]

Re: Advice please - court claim received

Whilst I think of it,
Can I take the papers to a magistrates court to send on to northants? Our does it have to be county or other type
The draft order bit at the end, do I print that out as laid out there in a separate word doc?
Lastly, where can I download the n244 template to complete and print?

[miliitant]

Re: Advice please - court claim received

i can see no reason why you cant take all the papers to your local court but in your position i would cut and paste the defence and post online, the N244 APPLICATION CAN BE TAKEN TO YOUR LOCAL COUNTY COURT

the draft order gets cut and paste on a seperate word document, FILL IN NAME,CLAIM NUMBER ETC

if you wish, send me a pm with your email address and i will send the complete n244 as an attachment, you can then type directly on it and print off

SO TO CONFIRM

1/ CUT AND PASTE THE DEFENCE ON LINE AND SEND TO MCOL NORTHAMPTON
2/ TAKE THE N244 FORM TO THE COUNTY COURT WITH THREE COPIES OF EACH DOCUMENT

A/ A COPY OF THE CPR 31.14 REQUEST WITH A COPY OF THE RECORDED DELIVERY IF YOU HAVE IT
B/ A COPY OF THE DEFENCE
C/ A COPY OF THE DRAFT ORDER
D/ £80.00

THE N244 GOES TO A COUTNTY COURT, NOT MAGISTRATES

[flinko]

Re: Advice please - court claim received

There's a part of the online MCOL part that im unsure of....

Do you wish to make a counterclaim? ............I guess I Tick "yes"?
If your claim is for a specific sum of money, how much are you claiming? .................Should I put just £80? (covering the fee I am paying)

Then the two following need to be completed, any suggestions as to what I should put?

My claim is for (please specify nature of claim in a maximum of 76 characters, including spaces).


What are your reasons for making the counterclaim?
(Please state your counterclaim in a maximum of 4000 characters)

[miliitant]

Re: Advice please - court claim received

no, you are not doing a counterclaim, leave that alone

the N244 IS A TOTALLY SEPERATE APPLICATION, JUST SUBMIT THE DEFENCE I DID ONLINE (MCOL)WHERE YOU ACKNOWLEDGED THE CLAIM

the N244 application, just take to the court and i repeat, it is a seperate application to the defence

the £80 cost of the appliocation is done through a seperate wasted costs order, not a counter claim so you are not doing a counterclaim with the MCOL section

if you are still confised then please shout

[flinko]

Re: Advice please - court claim received

Ah right, that makes sense now thanks

[SELMAR]

Re: Advice please - court claim received

good morning and hello all,
this is my first post and i'm sorry if i've put it in the wrong place.
the amount of support and guidance you provide through this forum is fantastic.
am i ok to use the previous 4 pages as guidance, i have simular circumstances, but i have a credit card debt of £13367.17?
i intend to use the templates, if thats ok?
i have modified your template to suit my situation
would you mind checking it for me please as im unsure what to put in the bold underlined section due to my debt being over £13000.
CPR 31.14 Request

On 5^th December 2012 I received the Claim Form in this case issued by you out ofthe Northampton (CCBC).

I confirm having returned my acknowledgement of service to the court in which Iindicate my intention to contest your entire claim.

Please treat this letter as my request made under CPR 31.14 for the disclosureand the production of a verified and legible copy of each of the followingdocuments mentioned in your Particulars of Claim:

1 The agreement. Together with the relevant terms associated with thataccount. you will appreciate that in an ordinary case and by reason inaccordance with provisions of CPR PD 16 para 7.3, where a claim is basedupon a written agreement, a copy of the contract or documents constituting theagreement should be attached to or served with the particulars of claim and theoriginal(s) should be available at the hearing. Further, if that any generalconditions incorporated in the contract, they should also be attached.

2 The assignment notice

3 The deed of assignment
(Van Lynn Developments V Pelias Construction Co Ltd1968(3) ER 824)
4 The default notice
Compliant with 87(1) of the Consumer Credit Act 1974

Although your claimis for a sum which is more £5,000.00 and thus in all likelihood it will beallocated to the small claimstrack once I deliver my defence, however as I am unable to lodge mydefence at this moment, the case has not been allocated to a track fordetermination upon delivering a defence, as a consequence the provisions of CPR 27(2) have no effect andyou should not seek to avoid compliance with your CPR 31 duties by claimingotherwise

You should ensure compliance with your CPR 31 duties and ensure that thedocument(s) I have requested are copied to and received by me within 7 days ofreceiving this letter. Your CPR 31 duties extend to making a reasonable andproportionate search for the originals of the documents I have requested, it’sbetter for you to be able to verify the document's authenticity and to provideme with a legible copy. Further, where I have requested a copy of a document, theoriginal of which is now in the possession of another person, I will have theright to possession of that document if you have mentioned it in your case. Youmust take immediate steps to recover and preserve it for the purpose of thiscase.

Where I have mentioned a document and there is in your possession more than oneversion of that same document owing as a result to a modification, obliterationor other marking, or feature, each version thus will be a separate document andyou must provide a copy of each version of it to me. Your obligations extend tomaking a reasonable and proportionate search for any and all version(s) andinclude an obligation to recover and preserve such version(s) that are now inthe possession of a third party.

In accordance with CPR 31.15(c) I undertake to be responsible for yourreasonable copying costs incurred in complying with this CPR 31.14 request.

If you require more time in which to comply with this request your extensionrequest must be in writing, and it should list the steps already taken incomplying with this request and all outstanding issues that necessitate suchdelay. In any case, your request for an extension should state a date by whichyou will comply with present request for information. Furthermore, your requestshould contain confirmation that you agree to an extension of not less than 14days for filing of the defence once all the information requested in this documenthas been delivered to me, you must tell me in writing before the time forcompliance has expired. In telling me you require more time you must tell mewhat steps you have taken and propose to take in order to comply with thisrequest, and also to state a date by when you will comply with this request. Inaddition, your statement must be accompanied with a statement that you agree toan extension of time for me to file a defence. Your extension of time must notbe less than 14 days from the date when you say you will have complied with myrequest and you must state a new date for filling my defence.

If you are unable to comply with this request and believe that you will neverbe able to comply with this request you must tell me in writing

Please note that if you should fail to comply with this request, fail torequest more time or fail to agree to an extension of time for the filing of mydefence, I will make an application to the court for an order that theproceedings be struck out or stayed for non-compliance and request a summarycosts order.

I do hope this will not be necessary and look forward to hearing from you.

Yours faithfully

any advice would be greatly appreciated.

[miliitant]

Re: Advice please - court claim received

take out small claims and insert fast track

[SELMAR]

Re: Advice please - court claim received

many thanks for the advice.
does the CPR 27(2) need changing too?
your help is greatly appreciated.

[miliitant]

Re: Advice please - court claim received

as a consequence the provisions of CPR 27(2) have no effect

just remove the above sentance

[SELMAR]

Re: Advice please - court claim received

i am really greatful.
would you mind helping me out with the dates please?
the claim form issue date was 30/11/12 and received yesterday
i have just completed the acknowledgment of service online.
i am going to send the cpr 31.14 request this afternoon.
do i submit my defence online by the 14/12/12 please? as i will probabley not get the information i asked for.
what is the latest time i can submit my defence please?
when would be the best time for submitting n422 if all goes well?
many thanks and sorry for all the questions, i really new to this an just want to learn.
going to give a donation now, really impressed.

[miliitant]

Re: Advice please - court claim received

the court service allow 5 days from the cout claim issue date for service
then 14 days to acknowledge the claim
then another 14 to do a defence

total 33 days from the issue of the claim date, but only if the claim is from northampton MCOL COURT

I WOULD SEND A DEFENCE 14 DAYS FROM WHEN YOU POSTED THE cpr 31.14 request myself

i think its best if you start your own thread now as you will be getting a lot of advice and do not want to interfere with this one