Hi everyone!!

[WendyB]

Re: Hi everyone!!

Just make a start on it, post it up here, and someone will advise.

[rees1970]

Re: Hi everyone!!

I've read all the links you sent me Wendy, I can make some sense out of some of it, but am still a bit confused as to wording my defence. I would love to throw all my previous points at Carter, but most of it is what he told me over the phone, I have none of it in writing.

Carter at first told me i owed money and asked for my card details to make a payment. They wouldn't tell me who the debt was with, or any details of it, saying that they weren't legally obliged to tell me.

During the 3rd phone call when I still refused to pay until they told me who the debt was with, they told me it was Littlewoods. I told them I didn't owe Littlewoods anything which is when he said it was at my previous address (he gave me the address which was right). I told him I couldn't remember anything about owing anything as I was there over 6 years ago (I didn't know about Statued Barred at this time). He then told me the dates, and I said that I wasn't living there then. I ended the call when he told me that unless I paid they would be issuing proceedings against me.

I found this fantastic forum the evening before I was due in court to set judgment aside.

Sorry about the long winded post, just trying to sort it all out in my head.

The only defence I feel I have at the moment, is that I have no information in order to defend!


ARGGGGGGGGG!!!!!

[WendyB]

Re: Hi everyone!!

BUMP!

[rees1970]

Re: Hi everyone!!

Here we go, this is my attempt, probably completely wrong !!!



DEFENCE

In the Llanelli County Court
Claim number: xxxxxxxxx

Between
XXXXXX- Claimant
and
xxxxxxxxxxx - Defendant

Defence

1) Except where otherwise mentioned in this defence the Defendant neither admits nor denies any allegation made in the Claimants Particulars of Claim.

2) 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 accounts referred to, the method the claimant calculated any outstanding sums due, or any default notices issued 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 as laid out in Practice Direction 16. Paragraph 7.3.

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.


Abuse of Process

3) Further to the case, on the 3rd May 2011 the Defendant requested disclosure of information from the Claimant, pursuant to CPR 31.14, copy of this request is attached with this defence.

4) Proof of posting and proof of delivery is held for the letter.

5) To date the Claimant has ignored the request under CPR 31.14 and no such documentation has been received. As a result it has proven difficult to compose this defence, especially given that the Defendant is Litigant in Person.


Conclusion

6) In view of the matters pleaded above, I respectfully request that the court gives consideration to whether the claimant's statement of case should be struck out as an abuse of process and/or disclosing no reasonable grounds for bringing the claim, and/or that it fails to comply with CPR Part 16.

7) In the alternative, the Defendant respectfully requests a stay in proceedings until such time as the Claimant complies with the requests outlined in paragraph 3 of this defence, or until the court orders the Claimants compliance with the same. The Defendant will then be in a position to file a fully particularised defence and will seek the court’s permission to amend her statement of case accordingly

Statement of Truth

I, xxxxxxxxxxxxxxxxxxxxx, believe the above statement to be true and factual to the best of my knowledge



Signed .....................

[WendyB]

Re: Hi everyone!!

Looks fine to me, in fact excellent if it's a first attempt I'll drag the cavalry in to have a look.

[rees1970]

Re: Hi everyone!!

Very much appreciated Wendy. Yes it's a first attempt, thanx to all your links on here!

Never have I felt more thick or naive!!!

[rees1970]

Re: Hi everyone!!

Need someone to tell me if this letter's fine to print out and send. Need to post it tomorrow!

How many copies do I need to send?

Is there any way I can recuperate any of my costs? i.e set aside fee (thought I'd ask lol)

Thanx

[WendyB]

Re: Hi everyone!!

Am in my way home from work at the minute but have PM'd Curlyben to have a look so be patient he might not get to it tonight. I think maybe there wouldn't be any harm in including what you were told by BC over the phone even though you don't have proof but I'm not an expert.

[WendyB]

Re: Hi everyone!!

On further refection, could you also include the fact that they've already made a claim once, which was set aside for xxx reasons and now they are sing the same POC and have are basically resurrecting the same claim as before? But word it better than I just have .

[rees1970]

Re: Hi everyone!!

This is the same claim, I had the ccj set aside (didn't receive the claim forms in time) and am now being given a second change to form a defence.

[WendyB]

Re: Hi everyone!!

Sorry, I lost the plot there for a while.

[rees1970]

Re: Hi everyone!!

Don't worry I lost mine a long time ago lol

[WendyB]

Re: Hi everyone!!

Stay put, the Cavalry is on the way

[WendyB]

Re: Hi everyone!!

Okay Rees. Go with it. The defence is fine as it is. Don't forget to make sure to either hand deliver it or send it Recorded Delivery. You only need two copies, one to send, and one to keep yourself. The Court will send a copy to BC, as far as I am aware.

Best of luck.

[rees1970]

Re: Hi everyone!!

One last thing before I go to my pit! Is there any way I can reclaim my costs, in particular the set aside fee? if so when and how do I do this?

Thank you so much Wendy, you've been a god send.

Good night all