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Hi All, second post on Legal Beagles and would value any input on my next actions.
Ill summerise in short the history of my case and what I have done so far....
I received a court notice on 23/03 from Cap quests Solicitors about a debt dating back to 2002. I initially thought that the debt is statute barred, however I now believe that I attempted to enter into a payment plan through payplan in 2008 and made payments towards the debt so now this does not comply with the requirements of when a debt is statute barred.
The amount claimed has more than tripled in interest. The original debt was an unsecured loan.
The issue I have is that I have no records of this debt at all, especially with the age of the debt. SO my research started.
Below is a quick time line of what I have happened and what I have done.
23 March - Court letter received
26 March - acknowledgment of service filed and stated that I intend to defend claim fully.
27 March - CPR 31.14 send by registered post to CQ solicitors by registered mail. (Copy of CPR attached)
27 March - Section 77 Request including postal order send to CQ by resisted mail (Copy of Section 77 atached)
28 March CPR 31.13 signed for and received as per Royal Mails website
28 March Section 77 signed for and received as per Royal Mails website
I have had no response for my CPR request and the section and time runs out for section 77 this week (Also noting so far)
I need help with my next actions please. I believe that I need to file an embarrassed defense on the grounds that I have not been provided with the requested information to prepare my defense?
Here is what I am thinking of using, could somebody please have a loot at this and advice?
Many thanks in advance with your help .
I, xxxx xxxxxx from xxxxxxxxx am the Defendant in this action and make the following statement as my Defence to the Claim made by Capquest.
1. The Defendant is embarrassed in pleading to the Particulars of Claim as it stands at present, inter alia: -
2. The Claimant’s Particulars of Claim disclose no legal cause of action and they are embarrassing to the Defendant as the Claimant's statement of case is insufficiently particularised and does not comply or even attempt to comply with CPR part 16. In this regard I wish to draw the Courts attention to the following matters;
a) The Particulars of Claim are vague and insufficient and do not disclose an adequate statement of facts relating to or proceeding the alleged cause of action. No particulars are offered in relation to the nature of the written agreement referred to; the method the Claimant calculated any outstanding sums due, or any other matters necessary to substantiate the Claimant's claim.
b) A copy of the purported written agreement that the Claimant cites in the Particulars of Claim, and which appears to form the basis upon which these proceedings have been brought, has not been served attached to the claim form.
c) A copy of any evidence of both the scope and nature of any default, and proof of any amount outstanding on the alleged accounts, has not been served attached to the Claim Form.
3. On receipt of the Claim Form the Defendant sent a CPR 31.14 request for a copy of the agreement and supporting documents which forms the basis of this claim
4. The documents requested were, in addition to the agreement as above, statements or statement of account showing how the balance claimed has accrued, a copy of the Default Notice, the Termination Notice and the Notice of Assignment. To date no response has been received from the Claimant.
5. It has been confirmed via the Royal Mail Website that the above letter was received and signed for.
6. Consequently, I deny all allegations on the Particulars of Claim and put the Claimant to strict proof thereof
7. I respectfully request a stay in proceedings until such time as the Claimant complies with the requests outlined in paragraphs 3 and 4 above or until the Court orders its compliance with the same. I will then be in a position to file a fully particularised Defence and Counterclaim and will seek the Court’s permission to amend my statement of case accordingly.
Statement of Truth
I, xxxxx believe the above statement to be true and factual.
Ill summerise in short the history of my case and what I have done so far....
I received a court notice on 23/03 from Cap quests Solicitors about a debt dating back to 2002. I initially thought that the debt is statute barred, however I now believe that I attempted to enter into a payment plan through payplan in 2008 and made payments towards the debt so now this does not comply with the requirements of when a debt is statute barred.
The amount claimed has more than tripled in interest. The original debt was an unsecured loan.
The issue I have is that I have no records of this debt at all, especially with the age of the debt. SO my research started.
Below is a quick time line of what I have happened and what I have done.
23 March - Court letter received
26 March - acknowledgment of service filed and stated that I intend to defend claim fully.
27 March - CPR 31.14 send by registered post to CQ solicitors by registered mail. (Copy of CPR attached)
27 March - Section 77 Request including postal order send to CQ by resisted mail (Copy of Section 77 atached)
28 March CPR 31.13 signed for and received as per Royal Mails website
28 March Section 77 signed for and received as per Royal Mails website
I have had no response for my CPR request and the section and time runs out for section 77 this week (Also noting so far)
I need help with my next actions please. I believe that I need to file an embarrassed defense on the grounds that I have not been provided with the requested information to prepare my defense?
Here is what I am thinking of using, could somebody please have a loot at this and advice?
Many thanks in advance with your help .
I, xxxx xxxxxx from xxxxxxxxx am the Defendant in this action and make the following statement as my Defence to the Claim made by Capquest.
1. The Defendant is embarrassed in pleading to the Particulars of Claim as it stands at present, inter alia: -
2. The Claimant’s Particulars of Claim disclose no legal cause of action and they are embarrassing to the Defendant as the Claimant's statement of case is insufficiently particularised and does not comply or even attempt to comply with CPR part 16. In this regard I wish to draw the Courts attention to the following matters;
a) The Particulars of Claim are vague and insufficient and do not disclose an adequate statement of facts relating to or proceeding the alleged cause of action. No particulars are offered in relation to the nature of the written agreement referred to; the method the Claimant calculated any outstanding sums due, or any other matters necessary to substantiate the Claimant's claim.
b) A copy of the purported written agreement that the Claimant cites in the Particulars of Claim, and which appears to form the basis upon which these proceedings have been brought, has not been served attached to the claim form.
c) A copy of any evidence of both the scope and nature of any default, and proof of any amount outstanding on the alleged accounts, has not been served attached to the Claim Form.
3. On receipt of the Claim Form the Defendant sent a CPR 31.14 request for a copy of the agreement and supporting documents which forms the basis of this claim
4. The documents requested were, in addition to the agreement as above, statements or statement of account showing how the balance claimed has accrued, a copy of the Default Notice, the Termination Notice and the Notice of Assignment. To date no response has been received from the Claimant.
5. It has been confirmed via the Royal Mail Website that the above letter was received and signed for.
6. Consequently, I deny all allegations on the Particulars of Claim and put the Claimant to strict proof thereof
7. I respectfully request a stay in proceedings until such time as the Claimant complies with the requests outlined in paragraphs 3 and 4 above or until the Court orders its compliance with the same. I will then be in a position to file a fully particularised Defence and Counterclaim and will seek the Court’s permission to amend my statement of case accordingly.
Statement of Truth
I, xxxxx believe the above statement to be true and factual.
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