confused by small track claim forms

[Marathon]

Re: confused by small track claim forms

Thank you

Have downloaded the N244 Application and form EX160A,

Can you please advise me of the wording for the amended defence, which I want to return with the above and what time-scales are now applicable?

[Marathon]

Re: confused by small track claim forms

Still not had a reply from the above and getting a bit worried now, can someone advise me please! Want to return the N244 form with a defence, but unsure of wording and not keen to use set templates

[Kati]

Re: confused by small track claim forms

Still not had a reply from the above and getting a bit worried now, can someone advise me please! Want to return the N244 form with a defence, but unsure of wording and not keen to use set templates

Hi [MENTION=53311]Marathon[/MENTION] - I've given some of the Beagles a shout for you ... don't worry, I'm sure you'll get a reply soon

K x

[Amethyst]

Re: confused by small track claim forms

Hiya

Sorry to have missed your posts. please feel free to pm me (or anyone else) if you don't get a reply on your thread after a few hours.

So just to recap, (((((we're sending in the N180 allocate to small claims- forget that you did that already.))))) , an N244 application to amend the defence, and an amended defence arguing statute barred and lack of documents / credit agreement.

You've sent the CCA request with a £1 now and have had no documents back from the claimants (but only sent the request on Sept 27th)

Just checking that's right.

Sharon

[Marathon]

Re: confused by small track claim forms

Hi, thanks for replying, yes as above, still no reply from latest coca request and wanted to know if I should send an amended defence and when?

[Amethyst]

Re: confused by small track claim forms

N244 - you can fill out by hand if you've printed a copy otherwise fill out onlline on the PDF then print out to sign it, in both places indicated.


just doing draft directions and amended defence

[Amethyst]

Re: confused by small track claim forms

This needs printing and attaching to the N244 (obviously amend it first)





In the NORTHAMPTON COUNTY COURT

CLAIM NUMBER XXXXXX

NAME NAME NAME
Claimant

v

NAME NAME NAME
Defendant

DRAFT ORDER

On reading the application of the Defendant

IT IS ORDERED that:

1: The Defendant has permission to amend his Defence in accordance with his application dated TODAYS DATE

2: The Claimant may, if he wishes to do so, file and serve an amended Reply to the Amended Defence.

3: No order as to costs

[Marathon]

Re: confused by small track claim forms

Thank you, will put in the variables and print out as soon as I get back home this afternoon. Is there any other paperwork that needs to be sent back with the N224?

[Amethyst]

Re: confused by small track claim forms

This also needs amending and attaching. Then the whole lot needs copying so you have three sets, which go to the court with your EX160 and evidences. You should also send a copy of all to MKDP LLP with a breif covering letter telling them you have applied to the court to amend your defence.






In the NORTHAMPTON COUNTY COURT

CLAIM NUMBER XXXXXX

NAME NAME NAME
Claimant

v

NAME NAME NAME
Defendant



AMENDED DEFENCE

1: I received the claim [Claim Number] from the Northampton County Court on [Date you received the claim]

2: This claim is for a Credit Card agreement regulated under the Consumer Credit Act 1974.

3: It is admitted that the Defendant has previously entered into an agreement with Barclaycard for provision of credit.

4: However, the Claimants statement of case fails to give adequate information to enable me to properly assess my position with regards the claim.

5. The particulars of claim fail to state when the agreement was entered into.

6. The Claimants statement of case states that the account was assigned from Barclaycard to MKDP LLP on 21/09/11. The Defendant does not recall receiving notice of this assignment.

7. It is denied that Barclaycard served any Default notice on the Defendant pursuant to s87 Consumer Credit Act 1974. The Claimant is required to prove that a compliant Default Notice was served upon the Defendant.

8. On the [Date] I sent a formal request for a copy of the original agreement to MKDP LLP pursuant to section 78 of the Consumer Credit Act 1974 along with the statutory £1 fee.

9. The Claimant has failed to comply with s 78 (1) Consumer Credit Act 1974 and by virtue of s 78 (6) Consumer Credit Act 1974 cannot enforce the agreement.

10. Under Civil Procedure Rule 16.5 (4) Where the claim includes a money claim, a defendant shall be taken to require that any allegation relating to the amount of money claimed be proved unless he expressly admits the allegation. Therefore It is expected that the Claimant be required to prove the allegation that the money is owed as claimed.

11. It is denied the Claimant is entitled to the relief claimed, or at all.

Statement of Truth

The Defendant believes that the facts stated in this Defence are true.



Signed …………………………………………

Dated .................................................. ....

[Amethyst]

Re: confused by small track claim forms

I haven't included the CPR request as I don't think you sent one, and it would be invalid after submitting a defence anyway. All you sent before coming on here was the letter about perjury ?

[Marathon]

Re: confused by small track claim forms

Yes, the letter I included in the original post, the one I misguidedly down loaded from another, shall we say , radical, site was the only letter I have addressed to mkdp

[Amethyst]

Re: confused by small track claim forms

Okay just checking Does the defence all sound okay to you?

[Marathon]

Re: confused by small track claim forms

Yes , but do I have to wait 14 days for mkp to respond to my credit agreement request?

[Amethyst]

Re: confused by small track claim forms

Should do really. It is usually a few weeks before you hear back after directions so holding onto it to the end of the week should be okay - just give the court a call before submitting in case the case has been sent over to your local court as then you'll have to change the court names on the forms.

[Marathon]

Re: confused by small track claim forms

Ok thank you, just be clear, is it 14, working days from the day of the agreement request or should I include weekends..?