Timeline / checklist to a defence

[mjc1973]

I have submitted a defence (vs. Cabot) on the 2nd June 2016 but not heard anything back from Court or Cabot. What would my next step be?

Also, as I have a couple of other outstanding DRAs on my tail, is there a timeline / checklist from A-Z for what I should do and at what stage please?

Thanks guys

[Diana M]

Re: Timeline / checklist to a defence

I have submitted a defence (vs. Cabot) on the 2nd June 2016 but not heard anything back from Court or Cabot. What would my next step be?

Once you file a Defence the court will send a copy to the Claimant (Cabot or their solicitors) and tell them they have 28 days to inform the court if they wish to continue with the proceedings.

If the court doesn't get a response then the claim is stayed (a pause button).

Once stayed the Claimant has to seek permission of the court to lift the stay if they want to carry on.

If you've not heard anything since 2nd June that implies this claim is now stayed. The court won't write to tell you this, they only write about things which have happened not things which haven't happened (if you follow me).

You can call the court to check the status - the number is on the front page of the claim form.

Di

[mjc1973]

Re: Timeline / checklist to a defence

Many thanks Di, much appreciated (the quick response too). Can they now stay the claim indefinitely?

[Diana M]

Re: Timeline / checklist to a defence

Can they now stay the claim indefinitely?

The claim will remain stayed until either party applies to the court to lift the stay. This could be for a variety of reasons.

If the Claimant is leaving it stayed because they haven't got the documentation needed to continue to a 'win' situation, then it may stay stayed until they find the paperwork and decide to go full steam ahead.

Depending on how long it's stayed (and why) the Defendant might want to apply to the court to lift the stay and strike out the claim.

Or a third way could be the Claimant decides to Discontinue the claim when they realize they've no prospects of success.

However, you've not said what the claim is for or what legal arguments you included in your Defence.

Is this is a creditor/debt purchaser claim and you have asked them formally (s.77/78 CCA Request) to provide you with information?

Di

[charitynjw]

Re: Timeline / checklist to a defence

The claim will remain stayed until either party applies to the court to lift the stay. This could be for a variety of reasons.

If the Claimant is leaving it stayed because they haven't got the documentation needed to continue to a 'win' situation, then it may stay stayed until they find the paperwork and decide to go full steam ahead.

Depending on how long it's stayed (and why) the Defendant might want to apply to the court to lift the stay and strike out the claim.

Or a third way could be the Claimant decides to Discontinue the claim when they realize they've no prospects of success.

However, you've not said what the claim is for or what legal arguments you included in your Defence.

Is this is a creditor/debt purchaser claim and you have asked them formally (s.77/78 CCA Request) to provide you with information?

Di

Good afternoon, Di.

Just out of interest, does that mean 'statute-barred' is also in limbo?

That would seem unfair, as it would potentially give the claimant a big extension to the s5 LA cut-off.

[Diana M]

Re: Timeline / checklist to a defence

Just out of interest, does that mean 'statute-barred' is also in limbo?

That would seem unfair, as it would potentially give the claimant a big extension to the s5 LA cut-off.

My inner cynic says that's why creditors/debt purchasers issue claims in Year 5 in order to frustrate SB. They know jolly well they've not got the paperwork but hope the Defendant doesn't know they even need the paperwork.

A staggering 87% (give or take) of MCOL claims go undefended and lead to either a Default Judgment or an admission and the money paid over without question.

That's bullying pure and simple.

Di

[mjc1973]

Re: Timeline / checklist to a defence

The claim will remain stayed until either party applies to the court to lift the stay. This could be for a variety of reasons.

If the Claimant is leaving it stayed because they haven't got the documentation needed to continue to a 'win' situation, then it may stay stayed until they find the paperwork and decide to go full steam ahead.

Depending on how long it's stayed (and why) the Defendant might want to apply to the court to lift the stay and strike out the claim.

Or a third way could be the Claimant decides to Discontinue the claim when they realize they've no prospects of success.

However, you've not said what the claim is for or what legal arguments you included in your Defence.

Is this is a creditor/debt purchaser claim and you have asked them formally (s.77/78 CCA Request) to provide you with information?

Di

Hi Di, yes it is. I've pasted the 12 points of my defence below (sorry for the long-winded explanation):

1. The Defendant sent out a CCA 1974 Request on the 23rd November 2015 in response to the Claimant's Agent's letter of the 16th November 2015 demanding the repayment of an alleged debt.
2. The Defendant sent a CPR 31.14 request letter on the 4th January 2016 to the Claimant's Agent in response to their submission of a Court Claim on the 3rd December 2015.
3. The Claimant contends that they have provided all the relevant documents pertaining to the claim and that they are in a legal position to pursue their claim, the particulars of which are lodged with the Court. But having read the Particular of Claim I see no legislation quoted in support of the their claim against me, which leaves me unsure under which Statutory Instrument this Claim has been brought. To be able to properly defend this claim I would request full details of the actual legislation the Claimant believes gives them a right to make this claim, as surely no claim can succeed without this being quoted in the Particulars of Claim?
4. Significantly, the Claimant & their Agent initiated Court proceedings (3rd December 2015) prior to discharging their legal obligations under my CCA 1974 Request and without any proof of claim. As the Claimant and their Agent started proceedings before addressing my CCA 1974 Request I believe I can (and would like to) now apply for an Unless Order and also request the claim be struck out based upon their lack of compliance with the CPR 31.14 and the CCA Requests (see below).
5. The Claimant and their Agent failed to perform within the statutory timeframes (nor did they ask for extensions) in providing the information under both the CCA 1974 & CPR 31.14 Requests.
6. Limited documents (in number & quality) were finally received on the 14th April 2016, but the Claimant failed to show they were true copies or show how certified copies were served upon the Defendant. Nor did they explain if they referred to either the CCA 1974 or CPR 31.14 Requests.
7. Further, the Claimant’s Agent disputes my concerns as to the nature of the Agreement being a true copy. The Claimant’s Agent states a reconstituted version of an Agreement will suffice as sufficient provision of the Agreement citing RBS vs. McGuffick. I understand that this decision only relates to a temporary breach of s77/78 (unenforceability due to a failure to provide copy CCA) whereon the creditor ultimately provides said copy CCA i.e., a reconstituted version can be used temporarily until the original Agreement is presented. I presume as the Claimant’s Agent has signed a Statement of Truth they will, ultimately provide this?
8. They continue to refuse to provide a true copy of the Deed of Assignment between the Claimant & the original creditor, but I understand they are legally obliged to produce this.
9. The Defendant is not challenging an agreement existed, but rather who now owns it. Whilst the Defendant notes judges have not always given weight to the lack of a certified copy of the agreement, my understanding is that if an agreement is pre 2007 (as this is) the Claimant must supply a valid & true, certified copy of the original agreement. That notwithstanding, pre or post 2007, if they cannot produce the CCA then they cannot/should not be allowed to pursue a claim in Court.
10. If I am denied the opportunity to stay or strike their Claim then as a part of my defence I will re-request production of each and every document under the appropriate Civil Procedure Rule, along with a request under CPR Part 39.a (3.3) for the original of every document upon which the Claimant intends to rely be brought to any subsequent hearing for examination. (Please note, where I have mentioned a document and there is in the Claimant’s possession more than one versions of that same document owing to a modification, obliteration or other marking or feature, I understand each version will be a separate document and the Claimant must provide a copy of each version of it to me. Their obligations extend to making a reasonable and proportionate search for any version(s) to include an obligation to recover and preserve such version(s) that are now in the possession of a third party.)
11. NB This information has been requested by the Defendant previously but not provided in its entirety by the Claimant, as is the law.
12. The defendant would like to note without prejudice, he has compiled a more comprehensive timeline of events with copies of the relevant correspondence, the contents of which are too large for submission online

[Diana M]

Re: Timeline / checklist to a defence

This new information might change things slightly.

If the claim was issued on 3rd December 2015, why did you not file your Defence until 2nd June 2016 (i.e. six months later)?

Was this an amended Defence?

Is this claim still with NCCBC?

Di