Adding to your defense

[bobsfrancis]

Hi all,

I wondered if you are able to add to your defense after submitting your County Court form.

Many thanks

[Amethyst]

Re: Adding to your defense

You would normally have to apply to amend your defence. Is it an addition that has arisen following documents or a reply to a defence ? or just a bit you forgot?

[pt2537]

Re: Adding to your defense

Hi all,

I wondered if you are able to add to your defense after submitting your County Court form.

Many thanks

Civil Procedure Rule 17 deals with amendments, if the other side are agreeable to amendments then you should be able to just submit an amended Defence to the Court.

If they refuse however, then you will need to apply on notice to the Court using an N244 application.

Amendments should be clear, the old text should be struck through with a single line and new entries should be underlined in red.

[Diana M]

Re: Adding to your defense

I wondered if you are able to add to your defense after submitting your County Court form.

It depends on whether the Defence has been served on the other side yet. If it hasn't then you should be able to amend it without making an Application to the court.

What has happened in your case? Did you enter a Defence online at the same time as you filed your Acknowledgement of Service or did you file it later?

Or are you the Claimant in these proceedings?

Di

[pt2537]

Re: Adding to your defense

Civil Procedure Rule 17 deals with amendments, if the other side are agreeable to amendments then you should be able to just submit an amended Defence to the Court.

If they refuse however, then you will need to apply on notice to the Court using an N244 application.

Amendments should be clear, the old text should be struck through with a single line and new entries should be underlined in red.

Heres a link to the rule that covers the provision on amending your claim or defence https://www.justice.gov.uk/courts/pr...l/rules/part17

[bobsfrancis]

Re: Adding to your defense

Hi Di

I'm not the claimant.

I sent all on time but have read a few things on here and realised that i should have added more to my defense.

At the time i was also not aware that this DCA sollicitors were acting on behalf of the main company because i was corresponding with another DCA. I have asked the main company for clarification of which DCA company is actually dealing with their claim but no response yet.

I've tried phoning the court for information about my case but can't get through, phone line always busy! Should i send an email to them or can i find out any other way? Should i also try for stay of proceedings?

Sorry for extra questions but totally lost with this!

Many thanks
Bobs

[bobsfrancis]

Re: Adding to your defense

At the time as i explained to Di below. I did request documents but not in a formal way as i have learned here on this forum and never received anything. Since then i have sent the correct requests and payments and awaiting documents. Once i receive these documents i was then hoping i could then add to my defense once i've been given the information.

[pt2537]

Re: Adding to your defense

I'm not the claimant.

I sent all on time but have read a few things on here and realised that i should have added more to my defense.

At the time i was also not aware that this DCA sollicitors were acting on behalf of the main company because i was corresponding with another DCA. I have asked the main company for clarification of which DCA company is actually dealing with their claim but no response yet.

I've tried phoning the court for information about my case but can't get through, phone line always busy! Should i send an email to them or can i find out any other way? Should i also try for stay of proceedings?

Sorry for extra questions but totally lost with this!

Many thanks
Bobs

https://www.justice.gov.uk/courts/pr...l/rules/part17

That is the rule that deals with amending a claim or defence, there is also the practice direction which gives further guidance

https://www.justice.gov.uk/courts/pr...rt17/pd_part17

IF you need to amend your defence then i would suggest writing to the Claimants solicitors and explaining you need to amend your defence and will they agree. if they do then you will be ok in amending the Defence in essence but if they refuse you may need to make an application to the Court

[Diana M]

Re: Adding to your defense

At the time as i explained to Di below. I did request documents but not in a formal way as i have learned here on this forum and never received anything. Since then i have sent the correct requests and payments and awaiting documents. Once i receive these documents i was then hoping i could then add to my defense once i've been given the information.

I think the answer to your question is all about timing.

If I've understood your post correctly you've now sent a s 77-79 CCA Request (and possibly a CPR 31.14 Request) and as yet you've not received any documents in response to those requests.

How long ago did you send your requests?

It may not be wise to amend your Defence prematurely because you don't want to find yourself in a positon where you may want to amend it yet again if the documents are produced. Getting consent from the Claimant to do that (twice) may be a stretch too far.

You also say that you've requested information on payments which hints at the possibility you may have pleaded Stature Barred in your Defence (and possibly only pleaded SB). Is that the case?

Or when you say you sent requests and payments do you mean you have made a payment to the Claimant (perhaps only the £1 statutory fee)?

Obviously it makes sense to know the practicalities (CPRs) for amending a Defence, but it also makes sense to know exactly why you feel the need to amend it before making suggestions on your next steps and when to make them.

For example if your Defence was wholly 'inadequate' then you need to be aware of the Claimant's option to make an Application for a Summary Judgment to strike out your Defence as having no merit.

So what did you plead in your Defence? A little more information from you will make it easier to suggest what you should do next and when.

What stage have these proceedings reached? Are they stayed or is there a Hearing listed? Is this claim in the Fast Track or Small claims Track?

Di

[bobsfrancis]

Re: Adding to your defense

Hi Di,

Many thanks for your time on this matter.

I would like to apologise that I’m not using the names of the different DCA companies but I am concerned that sharing too much information on here may compromise my situation and make things worse. But just to clarify I have had three DCA so far chasing me. The original DCA that bought a debt from a bank. They then instructed me to work with their DCA sister company. And now apparently they have instructed another DCA solicitor company to work on their behalf as well.

I have copied your message and answered your questions below them in red.


If I've understood your post correctly you've now sent a s 77-79 CCA Request (and possibly a CPR 31.14 Request) and as yet you've not received any documents in response to those requests. Yes but and now considering I shouls also send a CPR as well.

How long ago did you send your requests? I made the requests in May, but they have been refused apparently they never received them by post, until I recently, June, sent a tracked postal letter and emails and they finally have accepted them and say that they don’t have the documents that I requested but have requested them from the original DCA debt purchaser.

It may not be wise to amend your Defence prematurely because you don't want to find yourself in a positon where you may want to amend it yet again if the documents are produced. Getting consent from the Claimant to do that (twice) may be a stretch too far.

You also say that you've requested information on payments which hints at the possibility you may have pleaded Stature Barred in your Defence (and possibly only pleaded SB). Is that the case? Not pleaded SB.

Or when you say you sent requests and payments do you mean you have made a payment to the Claimant (perhaps only the £1 statutory fee)? Yes

Obviously it makes sense to know the practicalities (CPRs) for amending a Defence, but it also makes sense to know exactly why you feel the need to amend it before making suggestions on your next steps and when to make them.

For example if your Defence was wholly 'inadequate' then you need to be aware of the Claimant's option to make an Application for a Summary Judgment to strike out your Defence as having no merit.

So what did you plead in your Defence? A little more information from you will make it easier to suggest what you should do next and when.

My defence was that I didn’t receive notification from the original debt collecting agency that they had a new DCA working for them and that I was already in discussions with another one that they had asked me to work with.

I did not receive notice that a new DCA was apparently working on behalf of the original DCA company. I was instructed by the original DCA that purchased this debt in 2016 and was asked to work with their DCA. I made a request for further information and details about the Debt from this company. But I am still waiting for this information from them. I received confirmation from the DCA that they would send documents to me but never received these documents.

Then I received letters from another DCA solicitor but ignored them thinking they were bogus. The next thing I received a County Court form from these DCA solicitors.

What stage have these proceedings reached? Are they stayed or is there a Hearing listed? Is this claim in the Fast Track or Small claims Track?

Not sure, I know they Court received my defence but have not heard any more from them. Can’t seem to get in touch with the court to find out either Have tried calling them but the line is always busy and when I do get through and choose the people I wish to talk with the phone line goes dead! Hence wondering if I could send an email to them to find out?



Many thanks

Bobs

[Diana M]

Re: Adding to your defense

Without seeing the Particulars of Claim or the Defence exact wording it's not possible to give specific advice (the names aren't important).

1. What is the claim Issue Date?

2. What date did you file your Defence?

3. What date did you send the s 77-79 CCA Request and was it a formal request together with the £1 statutory fee? You've implied this was in May and possibly again in June.

4. If you sent your CCA Request before you filed your Defence did you refer to that in your Defence (regardless of whether they say they received it or not if you have Proof of Postage then it will be deemed served)?

5. Have you received a letter from the court acknowledging your Defence and telling you it had been served on the Claimant who has 28 days to inform the court if they intent to continue with the proceedings? If so what date was on that letter?

6. If you haven't sent a CPR 31.14 Request you can do that now since the claim hasn't been allocated to any track (or has it?). You need to edit the forum template to remove reference to being unable to file your Defence since you already have filed your Defence. However in one post you say you haven't sent a CPR 31.14 Request yet in another you say your sent both "requests" (plural) so the positon is not clear.

7. If the gist of your Defence was only about the confusion of which DCA was managing the account on behalf of the debt owner then you'll probably need to file an Amended Defence. The court will be deciding whether you owe the Claimant the money they are claiming or not. Pre Action protocol may become relevant but it's unlikely to defeat a money claim.

8. You say you've not received any documents from the Claimant or their solicitors. What documents have you requested apart from the credit agreement?

9. If the claim is stayed (because the Claimant didn't inform the court of their intention to continue with the proceedings within the 28 day window) then you need to decide when to amend your Defence and what it would say either in the absence of documents being produced or when (if ever) they are produced.

It's difficult to add anything else at this point without you providing further information.

Di

[bobsfrancis]

Re: Adding to your defense

Hi Di,

Many thanks for your questions and replies. It has been 39 days since receiving my defence letter from the court. But i've not received anything else since. How long does this process take? I will look into the dates of all your other questions and get back to you as soon as possible.

Thank you again

Bobs

[bobsfrancis]

Re: Adding to your defense

Any suggestions would be great!

Received correspondence from the DCA solicitor stating that they wont take further action. This seems a bit strange especially after i requested a CCA but they also seem to be saying that they will be sending it to the original DCA purchaser and that they will be in contacting me. Surely they should be sending the documents i requested to me. Totally confused!

Do i need to do anything now with the court? Should i request more information from this DCA solicitor?

Many thanks

Bobs

[charitynjw]

Re: Adding to your defense

Do they say they are discontinuing the claim, or merely that they are putting it 'on hold' (or similar?)
Have you phoned the court for an update? (If the claim has been 'stayed', perhaps, for instance, due to the Claimant not responding to the filed defence, you will not be formally notified of such),

[bobsfrancis]

Re: Adding to your defense

Hi Charitynjw,

They don't say they are putting it on hold, just that no further action on this matter. I think i need to ask further clarification from them. For example why no further action, and will i receive the CCA that i requested from them? Do you think that they are unable to provide any documents and this is the reason for no further action? Or is it more likely that they have made a mistake and therefore decided to remove themselves from the situation and allow another DCA start a CCJ claim?

Would appreciate any suggestions and views as i am very confused about this whole situation.

Many thanks

Bobs