Civil Procedure Rules - Help needed!

[nemesis45]

Re: Civil Procedure Rules - Help needed!

Hello again all, we'll all has been very quiet. after sending correspondence to the solicitors, I have heard nothing in return. Hoist Portfolio sent a letter stating that the solicitors would send me all the paperwork I requested, of which they didn't. They also returned my postal order for a pound. I'd heard nothing since until today, I have received a letter of proposed allocation to fast track by the county court business centre.
Is this even possible? When I logged on online to see whether I was able to defend my claim, the claim had disappeared (this was last month), so I assumed the case had been dropped?

Have you entered a defence??

You must complete the form and send a copy to the court and the claimant asap.

I am concerned by your comment re defending what have you done so far.

I think you should check with the court asap to check was actually has been going on.

nem

[Hannahsf]

Re: Civil Procedure Rules - Help needed!

I responded to the claim online to acknowledge my defence. When I logged on there afterwards there was nothing on there, and it didn't recognise the claim number either. This was after I had contacted the solicitors to say that my debt was statute barred and a request for documentation. All I have is a letter to say that the solicitors were dealing with my request. I guess I shall have to ring the court like you say!

ive also just noticed that the letter states that a copy of my defence is enclosed... Which it isn't because I didn't get a chance to post a defence as the claim number didn't exist?!

[nemesis45]

Re: Civil Procedure Rules - Help needed!

I responded to the claim online to acknowledge my defence. When I logged on there afterwards there was nothing on there, and it didn't recognise the claim number either. This was after I had contacted the solicitors to say that my debt was statute barred and a request for documentation. All I have is a letter to say that the solicitors were dealing with my request. I guess I shall have to ring the court like you say!

ive also just noticed that the letter states that a copy of my defence is enclosed... Which it isn't because I didn't get a chance to post a defence as the claim number didn't exist?!

Hi, something is very wrong it seems.

Phone the court and explain what has happened ( you still need to complete and serve the form just received}


Did mention anything in the defence section when you acknowledged service? Recently someone wrote " I don't think I owe the debt"! and was processed as a defence.

nem

[Hannahsf]

Re: Civil Procedure Rules - Help needed!

It seems my acknowlegdgement of defence has gone through as a defence! Have rang them and all they can tell me is the solicitors have said to go through with the court case. All I can do is seek legal help and reply with the form enclosed?! This whole case is based on false information and cutting corners, I'm fuming! I assume that the solicitors will have to supply all documentation on time in this part of the process though otherwise the case is dropped?

[nemesis45]

Re: Civil Procedure Rules - Help needed!

It seems my acknowlegdgement of defence has gone through as a defence! Have rang them and all they can tell me is the solicitors have said to go through with the court case. All I can do is seek legal help and reply with the form enclosed?! This whole case is based on false information and cutting corners, I'm fuming! I assume that the solicitors will have to supply all documentation on time in this part of the process though otherwise the case is dropped?

Both you and the claimant will have to submit a witness statement + all documents in support at least 14 days prior to a hearing.

Prepare a defence and submit it together with a letter to the court seeking permission to enter what will now be an amended defence.

Yes get the form sent asap.
nem

[Hannahsf]

Re: Civil Procedure Rules - Help needed!

Thank you, I shall get started!

[nemesis45]

Re: Civil Procedure Rules - Help needed!

Thank you, I shall get started!

Good post here and then someone will go over this with you.

Hannah, send a copy of your covering letter to the court to the solicitors adding that your a Litigant in Person without legal guidance and entered an incomplete defence in error.
nem

[Diana M]

Re: Civil Procedure Rules - Help needed!

Posted on 14th July:

Originally I had a credit card and overdraft facility when I was at university. These were consolidated into a loan, which subsequently I could not keep up the payments for. So are the charges they are requesting not applicable to a loan then?

Can you clarify if you believe that this claim is for a consolidation loan for a credit card and an overdraft as per your earlier post?

Or is it a claim for only an overdraft (did you have a second overdraft facility)?

Did the account reference number stated in the POC give you any clues?

This claim is for over £10k with the potential for you to have to pay the Claimant's legal costs if you lose the case.

I see you sent a letter to HC telling them the debt was statute barred and asking them to discontinue. Unsurprisingly they didn't reply. Is there a remote possibility that they (HC) may have sent that letter to the court as your Defence? It wouldn't be the first time a Claimant's solicitor has done that.

Or do you think you typed something by mistake in the Defence box on the MCOL system?

Either way you should have received a letter from the court acknowledging your Defence and telling you it had been forwarded to the Claimant who has 28 days to consider their position. Did you get a letter like that from the court before being sent the DQ?

Di

[Diana M]

Re: Civil Procedure Rules - Help needed!

It seems my acknowlegdgement of defence has gone through as a defence! Have rang them and all they can tell me is the solicitors have said to go through with the court case. All I can do is seek legal help and reply with the form enclosed?! This whole case is based on false information and cutting corners, I'm fuming! I assume that the solicitors will have to supply all documentation on time in this part of the process though otherwise the case is dropped?

You will need a copy of the "Defence" which you apparently submitted before you can submit an Amended Defence.

This claim is allocated to the Fast Track which has a minimum 30 weeks' timeline. You're a long way off the WS stage. There will be full Disclosure before that happens.

However you are now vulnerable to the Claimant making a Summary Judgment application to strike out your Defence as having no prospects of success.

Di

[Hannahsf]

Re: Civil Procedure Rules - Help needed!

The claim form states that the money owing is from an overdraft facility however the account number it gives is from the loan I had. However this loan is no longer on my credit report and no contact to any debt collection company has ever been made. The loan was for £7000 and the claim has interest of £3500 added to it from 2010 for no apparent or given reason.

i received a letter from the court saying that they have received my acknowledgement of defence but nothing else written in the letter, and nothing further sent to me until today's Notice of Proposed Allocation to the Fast Track letter.

After i I received a letter from Hoist Portfolio saying that they had received my request for further documentation and that HC solicitors were dealing with my request, I logged online to start on my defence and the claim was not there? The claim number didn't exist, it was all gone, so naively I assumed the solicitors had dropped the case.

[Diana M]

Re: Civil Procedure Rules - Help needed!

i received a letter from the court saying that they have received my acknowledgement of defence but nothing else written in the letter

The court doesn't write to inform you your Acknowledgment of Service has been filed. It only writes to tell you when your Defence has been filed to let you know it's been served on the Claimant by the court.

An account 'drops off' your CRA file six years after the Default was registered which can be a long time before the last payment was made. That can sometimes be years later if the consumer was in a DMP or a ATP. Not showing on your credit file does not necessarily mean the debt is SB.

Have you a way of checking when you last paid?

Maybe a SAR to HSBC to get the true payment record etc should be your next step.

Di

[Hannahsf]

Re: Civil Procedure Rules - Help needed!

Oh my, now I feel stupid! Just found the letter and it says 'acknowledgment of my defence.' I did not write anything in the defence though I only clicked the button originally to acknowledge. So either as you say I have typed something accidentally into a box or is it possible the solicitors have sent something on 'my behalf?'

Id just had a baby by this point so I imagine I opened the letter and glazed over it.

As for payments to my loan, my last payment was in 2008. My DMP payments stopped as I had broken my leg and was unable to work. I will however, contact the bank regarding payments.

[Diana M]

Re: Civil Procedure Rules - Help needed!

found the letter and it says 'acknowledgment of my defence.' I did not write anything in the defence though I only clicked the button originally to acknowledge. So either as you say I have typed something accidentally into a box or is it possible the solicitors have sent something on 'my behalf?'

Id just had a baby by this point so I imagine I opened the letter and glazed over it.

Congratulations on the new baby

Relax until Monday when you can call the court to ask them what has happened.

Ask them to send you a copy of the phantom Defence before you decide your next step.

Di

[Anthony72]

Re: Civil Procedure Rules - Help needed!

Would the interest be from the date that MKDP aquired the account?

Sorry if it has already been mentioned.

[sloane82]

Re: Civil Procedure Rules - Help needed!

How much was the loan for, and which bank was it with, put up some information on here.