Set Aside Telephone Hearing

[matmidgley]

Re: Set Aside Telephone Hearing

thanks,
I never received a claim pack so when submitting a defence/holding defence is this done via a certain form or is it just typed up and sent to the court and claimant?
I have sent the CPR this morning first class recorded so the 7 days they have should be 02/07/13 or the 04/07 if its 7 working days, assuming they receive it tomorrow 25/06. as the defence has to be in by the 11th I should wait until I receive the docs from BC before sending a defence/holding, or should I be sending a holding defence asap?

[ncf355]

Re: Set Aside Telephone Hearing

I'd say straight away, you just need to type it up, 3 copies to the court

[CleverClogs]

Re: Set Aside Telephone Hearing

And despite my earlier comment, do not seek an Order quid irrumabo msl:

[matmidgley]

Re: Set Aside Telephone Hearing

I'd say straight away, you just need to type it up, 3 copies to the court

Is there a template I could use?
Sorry for all the questions but have no idea what I'm doing

[ncf355]

Re: Set Aside Telephone Hearing

IN THE X COUNTY COURT


CLAIM NUMBER X

MR MAT MIDGLEY

V

LOWELL FINANCIAL LTD

STATEMENT OF DEFENCE


1) The Defendant states that as the Claimant has previously confirmed in writing (see attached copy at Annex A) that the alleged debt is statute barred, he believes that the Defendant's claim should be struck out as having no chance of success and therfore a waste of court time.

Should the court allow the claim to continue:

2) The Defendant is embarassed that he is currently unable to submit a full defence due to the fact the Claimant has thus far failed to provide:

i) A true copy of the original credit agreement

ii) A copy of the Default notice served under Section 87 Consumer Credit Act 1974 upon the Claimant that would be required prior to this court action

iii) Statement data for the full duration of the account showing clearly how the alleged balance as claimed has been arrived at

iv) A copy of the assignment documentation from the original creditor that shows the Claimant has the required legal authority to make the claim



The Claimant has made a request to the Defendant under CPR rules for disclosure and would therefore respectfully request that the court allow further time for the Claimant to receive the requested documentation prior to filing a fully detailed Defence.

I believe the facts stated in this statement of defence dated (DATE) are true to the best of my belief and knowledge


(Sign)

MR MATT MIDGLEY
(DEFENDANT)

[matmidgley]

Re: Set Aside Telephone Hearing

Thanks ncf355 very appreciated. I'll get this typed tonight and sent asap

[matmidgley]

Re: Set Aside Telephone Hearing

he believes that the Defendant's claim should be struck out as having no chance of success and therfore a waste of court time.

should this be the Claimants claim, or am I reading it wrong?
thanks again for typing it out.

[ncf355]

Re: Set Aside Telephone Hearing

should this be the Claimants claim, or am I reading it wrong?
thanks again for typing it out.

whoops, quite correct!

[ncf355]

Re: Set Aside Telephone Hearing

Thanks ncf355 very appreciated. I'll get this typed tonight and sent asap

Don't forget the copy of the letter they sent re Statute Barred, and I'd also attach a copy of the CPR request you sent to them

I'm hoping that by placing the comment regard the statute barred letter in the Defence you can circumvent the need for a separate application that would cost you

[matmidgley]

Re: Set Aside Telephone Hearing

Yeah looks and sounds good to me. Do you think its also worth mentioning that in the letter it says I owe £0 and the account is closed?

[ncf355]

Re: Set Aside Telephone Hearing

Yeah looks and sounds good to me. Do you think its also worth mentioning that in the letter it says I owe £0 and the account is closed?

Certainly cant hurt

:tinysmile_grin_t:

[matmidgley]

Re: Set Aside Telephone Hearing

Thanks let's hope it does the trick

[matmidgley]

Re: Set Aside Telephone Hearing

no CPR from BC yet, they received it on the 26th so 7 days will be 2moro,
if they dont comply whats next?

[ncf355]

Re: Set Aside Telephone Hearing

Well,

if you have received no response by Thursday, send them a reminder via recorded post

Have you called the court to check they have received your defence?

Worth calling and asking what action the judge has taken re your defence as you asked for the Claimants claim to be struck out, and if it's not being struck out to inform them you still haven't received CPR documents from the Defendant to substantiate their claim

(obviously leave this until Friday to show you are allowing them fair opportunity)

[matmidgley]

Re: Set Aside Telephone Hearing

Well,

if you have received no response by Thursday, send them a reminder via recorded post

Have you called the court to check they have received your defence?

Worth calling and asking what action the judge has taken re your defence as you asked for the Claimants claim to be struck out, and if it's not being struck out to inform them you still haven't received CPR documents from the Defendant to substantiate their claim

(obviously leave this until Friday to show you are allowing them fair opportunity)

OK thanks

I sent the defence recorded to the court , but will phone and check on friday and mention the other stuff. I had an address change also so will make sure they have updated the records.