defense for county court claim

[deesea]

Re: defense for county court claim

Hi All

Had my first hearing representing myself and the judge has asked Arrow global for proof that they have correct accounting from EGG (original creditor) and conformation of the last payments made.
He also asked me to file and serve my account statements for the Year in question.

Please can someone advise me as to the correct way to file these papers to the court for my next hearing as I do not know the correct format to do this.

[Diana M]

Re: defense for county court claim

Had my first hearing representing myself and the judge has asked Arrow global for proof that they have correct accounting from EGG (original creditor) and conformation of the last payments made.

Was that a Case Management Hearing?

I can't see the Particulars of Claim posted on your thread and I can't see whether you filed an Amended Defence after you received documents from your CCA Request (if you did).

I can see you only pleaded Statute Barred in your Defence in post # 1.

I also can't see who the solicitors are who are acting for Arrow. Maybe Restons or Shoosmiths?

And I can't see the amount of the claim anywhere.

In fact I clearly can't see a lot of things but I'm willing to read back through your thread again

With Fast Track claims the other side will be running up legal costs so it's important to get things right so you don't get lumbered with those on top of the amount of the debt which they're claiming.

What stage have these proceedings reached? Have you had Disclosure etc or is this why the DJ has ordered both sides to produce paperwork at that hearing?

Have you previously sent a SAR to Egg to get the full history of your account?

Di

[deesea]

Re: defense for county court claim

Hi Diana

This was the first hearing after myself and Restons could not come to an agreement on evidence
and was referred to as a hearing only so do not know if this was a management hearing or not.
My defense was not changed as they would not agree to me changing it .
This loan amount is for £20k with legal fees.
SAR has been sent and they are in the 40 day notice period to comply .
How it stands at the moment they say Egg sold the dept to Britannica and Britannica sold it to Arrow
With Eggs last statement saying my last payment was on 30 November 2010.
My position is that All my bank statements from 2009 to 2010 show no payments to EGG or Britannica/Arrow at all
during this time.
These underlined are the items we need to send to court for next hearing in new year.
but I don't know what format have to send them to court.

[nemesis45]

Re: defense for county court claim

Hi All

Had my first hearing representing myself and the judge has asked Arrow global for proof that they have correct accounting from EGG (original creditor) and conformation of the last payments made.
He also asked me to file and serve my account statements for the Year in question.

Just keep it simple, Copy the statements;
Keep them in chronological order. 1 set you, 1 for the court, 1 for claimants sols.

Covering letter:

CC Claim No.......................................

Between

xxxxxxxxxxxxxxxxxxxxxxxxxx Claimant

and

XXXXXXXXXXXXXXXXXXXX Defendant.

In accordance with Judge xxxxxxxxx's order dated...................>

Please find copies of bank statements.

Yours etc.

You must have the original statements in your hands at the next hearing.

nem

Please fin


Please can someone advise me as to the correct way to file these papers to the court for my next hearing as I do not know the correct format to do this.

see above

[Diana M]

Re: defense for county court claim

Hi Diana

This was the first hearing after myself and Restons could not come to an agreement on evidence
and was referred to as a hearing only so do not know if this was a management hearing or not.
My defense was not changed as they would not agree to me changing it .
This loan amount is for £20k with legal fees.
SAR has been sent and they are in the 40 day notice period to comply .
How it stands at the moment they say Egg sold the dept to Britannica and Britannica sold it to Arrow
With Eggs last statement saying my last payment was on 30 November 2010.
My position is that All my bank statements from 2009 to 2010 show no payments to EGG or Britannica/Arrow at all
during this time.
These underlined are the items we need to send to court for next hearing in new year.
but I don't know what format have to send them to court.

Thanks for your comprehensive reply

As ever my post will be full of more follow-up questions.

The idea is to help you and not to be obstructive. In fact if I can be objective (see it from the Claimant's standpoint) then hopefully this will be helpful.

From what you say there may be more to think about than how to send your bank statements to the court.

So far it appears you've 'put everything on the black' with a Defence of SB only.

There can be more to pleading SB than the last payment date if that legal argument is to be successful.

This was a loan (unless I've misunderstood). When would this loan have expired if it had run to its expiry date?

Was a Default Notice issued at any stage?

It seems (I've not seen any papers) that the court asked for a hearing to decide whether your SB Defence argument holds weight since that was your only Defence. If it's decided that it doesn't then the court may decide to kill your Defence and give the Claimant the CCJ they seek.

If you had other legal arguments in your Defence (e.g. non compliance with a s.77 Request or any statutory notices etc.) the you would have back-up.

You say Restons wouldn't agree to you changing your Defence. That's their choice. But did you tell them that if they didn't consent to an Amended Defence then you would make an Application to the court to amend your Defence on the basis that they didn't provide documents until after you'd filed your original Defence (is that the case?).

This is a £20k claim so you need to tread carefully which may mean going on the attack as well as being defensive

Di