whats the best course of action?

[nemesis45]

Re: whats the best course of action?

What are my chances like Nem..is it possible to edit a defence once its been submitted..in all honesty i feel pretty stupid,i now realise what i should of done...duh

Every case is different, it depends how you explain what's happened, you are a litigant in person and unfamiliar with the process of the claim and the court.

nem

[bill hicks]

Re: whats the best course of action?

I was going too send something like this Nem....

Dear sir/Madam
I recently applied online using Moneyclaim.com, my intentions where to intend to defend the case but instead I completed the defense stage,I thought this was what i was supposed to do as it wouldn't allow me to go any further,I thought i could edit it as I gained my evidence.At the moment my defense just says,"I am gathering more information to file a defense".
I feel so silly that I have done this,but I have never had experiences with this procedure before.I am hoping its possible for me to edit this as i have received updates for my case , and i now have a defense that i can put forward.

Thanking you

I,m hoping Nem,that they see my error...crossing fingers
I was wondering if Restons see my error will they try too fast track it thru

[nemesis45]

Re: whats the best course of action?

I was going too send something like this Nem....

Dear sir/Madam
I recently applied online using Moneyclaim.com, my intentions where to intend to defend the case but instead I completed the defense stage,I thought this was what i was supposed to do as it wouldn't allow me to go any further,I thought i could edit it as I gained my evidence.At the moment my defense just says,"I am gathering more information to file a defense".
I feel so silly that I have done this,but I have never had experiences with this procedure before.I am hoping its possible for me to edit this as i have received updates for my case , and i now have a defense that i can put forward.

Thanking you

I,m hoping Nem,that they see my error...crossing fingers
I was wondering if Restons see my error will they try too fast track it thru

It's honest and straight forward I would be surprised I a judge ruled against it.

nem

[bill hicks]

Re: whats the best course of action?

Cheers Nem, one more question and i shall bid you goodnight, should i submit my defense with this letter, or should i wait for a reply???

[nemesis45]

Re: whats the best course of action?

Cheers Nem, one more question and i shall bid you goodnight, should i submit my defense with this letter, or should i wait for a reply???

Good idea to submit now.
Do you want top post a copy before sending?

nem

[bill hicks]

Re: whats the best course of action?

Cheers Nem< does this seem okay



1: I received the claim [Claim Number] from the NorthamptonCounty Court on 20/07/16


2: Each and every allegation in the Claimants statement of case is denied unless specifically admitted in this Defence.


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


4: 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 Bank of Scotland to Cabot on 31/04/14 The Defendant does not recall receiving notice of this assignment.


7. It is denied that Bank of Scotland 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 26/07/2016 I sent a request for inspection of documents mentioned in the claimants statement of case under Civil Procedure Rule 31.14 to Restons Solicitors. I requested the Claimant provide copies of the Agreement


9 Reston has not sent any of these documents to me.


10. On the 26/07/2016 I sent a formal request for a copy of the original agreement to Cabot pursuant to section [77 or 78] of the Consumer Credit Act 1974 along with the statutory £1 fee.


11. The Claimant has failed to comply with [s77 (1) / s 78 (1)] Consumer Credit Act 1974 and by virtue of [s77 (4) / s 78 (6)] Consumer Credit Act 1974 cannot enforce the agreement.


12. 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.


13. I request the court orders the Claimants to provide the necessary documentation in order for me to fully plead my case else the Claim should stand struck out.


15. In the event that the relevant documents are received from the Claimants I will then be in a position to amend my defence, and would ask that the Claimants bear the costs of the amendment.


16. It is denied that the Claimant is entitled to the relief as claimed or at all.


Statement of Truth


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

[nemesis45]

Re: whats the best course of action?

Cheers Nem< does this seem okay



1: I received the claim [Claim Number] from the NorthamptonCounty Court on 20/07/16


2: Each and every allegation in the Claimants statement of case is denied unless specifically admitted in this Defence.


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


4: 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 Bank of Scotland to Cabot on 31/04/14 The Defendant does not recall receiving notice of this assignment.


7. It is denied that Bank of Scotland 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 26/07/2016 I sent a request for inspection of documents mentioned in the claimants statement of case under Civil Procedure Rule 31.14 to Restons Solicitors. I requested the Claimant provide copies of the Agreement


9 Reston has not sent any of these documents to me.


10. On the 26/07/2016 I sent a formal request for a copy of the original agreement to Cabot pursuant to section [77 or 78] of the Consumer Credit Act 1974 along with the statutory £1 fee.


11. The Claimant has failed to comply with [s77 (1) / s 78 (1)] Consumer Credit Act 1974 and by virtue of [s77 (4) / s 78 (6)] Consumer Credit Act 1974 cannot enforce the agreement.


12. 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.


13. I request the court orders the Claimants to provide the necessary documentation in order for me to fully plead my case else the Claim should stand struck out.


15. In the event that the relevant documents are received from the Claimants I will then be in a position to amend my defence, and would ask that the Claimants bear the costs of the amendment.


16. It is denied that the Claimant is entitled to the relief as claimed or at all.


Statement of Truth


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

With what's available I don't think we can do any more Bill.

nem

[bill hicks]

Re: whats the best course of action?

Thank you again Nem, I,m going too email, and also send a letter in the post, i will also send a copy of the Cabot letter i received today.cheers

[bill hicks]

Re: whats the best course of action?

Hello again everyone
I sent a letter explaining my mistake too the court and also the defence I had gathered so far, I checked online at moneyclaim ,and it says in this order....
10/08/2016 Defence rejected
10/08/2016 Defence Received
I,m guessing the order means nothing, but the word rejected means they are not going too accept my additional defence, if that is so , I guess i,m pretty much in a sticky situation, as my defence basically says....Im gathering a defence together..Any advice would be greatly appreciated...cheers

[nemesis45]

Re: whats the best course of action?

Hello again everyone
I sent a letter explaining my mistake too the court and also the defence I had gathered so far, I checked online at moneyclaim ,and it says in this order....
10/08/2016 Defence rejected
10/08/2016 Defence Received
I,m guessing the order means nothing, but the word rejected means they are not going too accept my additional defence, if that is so , I guess i,m pretty much in a sticky situation, as my defence basically says....Im gathering a defence together..Any advice would be greatly appreciated...cheers

That's fine Bill.

nem

[bill hicks]

Re: whats the best course of action?

What happens next Nem?? I would also like too say a massive thank you to everyone who helps out on this site, no matter what my outcome, if it had not been for your help, i most probably would have never noticed my mistake, and at least now i have a chance, I,m guessing nem that the defence they have rejected is my initial one and not the new one, I,m guessing the order is important...I feel silly again

[charitynjw]

Re: whats the best course of action?

Hello again everyone
I sent a letter explaining my mistake too the court and also the defence I had gathered so far, I checked online at moneyclaim ,and it says in this order....
10/08/2016 Defence rejected
10/08/2016 Defence Received
I,m guessing the order means nothing, but the word rejected means they are not going too accept my additional defence, if that is so , I guess i,m pretty much in a sticky situation, as my defence basically says....Im gathering a defence together..Any advice would be greatly appreciated...cheers

What happens next Nem??

[MENTION=55034]nemesis45[/MENTION]

Could Bill apply for an amended defence?

As on benefits, would an EX160 be applicable?

[nemesis45]

Re: whats the best course of action?

@nemesis45

Could Bill apply for an amended defence?

As on benefits, would an EX160 be applicable?

Yes I think do.
I'm wondering now which way round the defence rejected/ received is has the first defence been rejected and the 2nd received??

Worth a call to the court?

nem

[bill hicks]

Re: whats the best course of action?

Hi Nem
It says on the case profile
1 Defense submitted 25/07
2 Defense received 26/07
3 Defense rejected 10/08
4 Defense received 10/08
I can only guess that the new defense is the defense they will use, as it doesnt apply that they rejected that, that being that they do things in order(i,m guessing courts are very much too the book).

[nemesis45]

Re: whats the best course of action?

Hi Nem
It says on the case profile
1 Defense submitted 25/07
2 Defense received 26/07
3 Defense rejected 10/08
4 Defense received 10/08
I can only guess that the new defense is the defense they will use, as it doesnt apply that they rejected that, that being that they do things in order(i,m guessing courts are very much too the book).

That's what I originally thought Bill!

nem