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Re: please help got claim form from county court today
The Court staff cannot give legal advice. What you have been told is incorrect im afraid imho.
Originally posted by jefstudent
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Hi,
Rang court today thinking I can make a payment for unless order but she said you have run out of time for unless order and you might be still in time to file basic defense.
I mentioned about sending CPR and CCA request to claimant and their solicitor but received no reasonable reply or any requested documents at all. She said it might be most of the solicitors have just resumed work after Christmas and New Years which might is causing delays. Even if I place unless order they will still be able to struck out unless order with reasonable explanations.
what else she said that you will still be able to file unless order once case is allocated but send your defense as soon as possible.
I have searched for embarrassed defense templates. Can you please check they are fine to send. as well what else i can include with this basic initial defense.
Please advise.
Claim Number: 3xxxxxx
Between
Claimant Lowell Porfolio I Ltd.
And
Defendant jef
Defence
1. I _________, am the Defendant in this action and make the following statement as my defence to the claim made by Lowell Portfolio I Ltd.
2. Except where otherwise mentioned in this defence, I neither admit nor deny any allegation made in the Claimants' Particulars of Claim and put the Claimant to strict proof thereof.
3. The Defendant is embarrassed in pleading to the Particulars of Claim as it stands at present, inter alia:-
4. The Claimants' particulars of claims disclose no legal cause of action and they are embarrassing to the Defendant as 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 Court’s 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 written contracts referred to; the method the Claimant calculated any outstanding sums due, or any other matters necessary to substantiate the Claimant’s claim.
b) A copy of the purported written contracts 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.
c) Even though the Claimant posted what they claim to be a more detailed Particulars of Claim after issuing their online claim. No documents were attached to the claim form.
d) The Claimant has brought this action without fair warning in what appears ignorance of the Civil Procedure Rules Pre Action Protocols Para 4.3, as no letter before action was received.
5 On 15 June 2010 the Defendant submitted a request via first class mail pursuant to S.77-79 of the Consumer Credit Act 1974 (“CCA 1974”) for copies of any Consumer Credit Agreements purported to be the Defendants to the Claimant’s solicitor.
a) The Claimant’s solicitor wrote to the Defendant on 28 June 2010 stating that the Defendant should approach the Claimant directly for this information. The Defendant wrote to the Claimant’s solicitor on 30 June 2010 and referred them to Section 175 of the CCA 1974.
b) The Claimant’s solicitor replied on 1 July 2010 advising that they require a further 21 days from the date of receipt of the Defendant’s letter (believed by the Defendant to be 1 July 2010) in order to provide the information required. The Claimant has frustrated the Defendant by failing to fulfil the S.77-79 request within the recognised time limits.
6. On 8 July 2010 the Defendant submitted requests under CPR 18 and CPR 31.14 via First Class Recorded Delivery for copies of the agreements, copies of all statements since inception of the accounts, in order to assess if the sum claimed is accurate and any other documentation that the Claimant is relying upon in pursuit of this claim. The time limits in respect of these requests have not yet expired.
7. The Claimant is put to strict proof of the date of mailing of any Default Notices that they claim were sent and that their content was valid. To be valid, a default notice needs to be accurate in terms of both the scope and nature of breach and include an accurate figure required to remedy any such breach. The prescribed format for such a document is laid down in Consumer Credit (Enforcement, Default and Termination Notices) Regulations 1983 (SI 1983/1561) and amendment regulations the Consumer Credit (Enforcement, Default and Termination Notices) (Amendment) Regulations 2004 (SI 2004/3237).
Failure of a default notice to be accurate not only invalidates the default notice (Woodchester Lease Management Services Ltd v Swain and Co - (2001) GCCR 2255) but is an unlawful rescission of contract which would not only prevent the court enforcing any alleged debt, but would also give rise to a potential counterclaim for damages where damage occurs to my credit rating (Kpohraror v Woolwich Building Society - (1996 4 All ER 119).
8. I respectfully ask the permission of the court to amend this defence when the Claimant provides full disclosure of the requested documents.
Statement of Truth
I ......... believe the above statement to be true and factual.
Signed
Date 16th Jan;14
Rang court today thinking I can make a payment for unless order but she said you have run out of time for unless order and you might be still in time to file basic defense.
I mentioned about sending CPR and CCA request to claimant and their solicitor but received no reasonable reply or any requested documents at all. She said it might be most of the solicitors have just resumed work after Christmas and New Years which might is causing delays. Even if I place unless order they will still be able to struck out unless order with reasonable explanations.
what else she said that you will still be able to file unless order once case is allocated but send your defense as soon as possible.
I have searched for embarrassed defense templates. Can you please check they are fine to send. as well what else i can include with this basic initial defense.
Please advise.
Claim Number: 3xxxxxx
Between
Claimant Lowell Porfolio I Ltd.
And
Defendant jef
Defence
1. I _________, am the Defendant in this action and make the following statement as my defence to the claim made by Lowell Portfolio I Ltd.
2. Except where otherwise mentioned in this defence, I neither admit nor deny any allegation made in the Claimants' Particulars of Claim and put the Claimant to strict proof thereof.
3. The Defendant is embarrassed in pleading to the Particulars of Claim as it stands at present, inter alia:-
4. The Claimants' particulars of claims disclose no legal cause of action and they are embarrassing to the Defendant as 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 Court’s 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 written contracts referred to; the method the Claimant calculated any outstanding sums due, or any other matters necessary to substantiate the Claimant’s claim.
b) A copy of the purported written contracts 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.
c) Even though the Claimant posted what they claim to be a more detailed Particulars of Claim after issuing their online claim. No documents were attached to the claim form.
d) The Claimant has brought this action without fair warning in what appears ignorance of the Civil Procedure Rules Pre Action Protocols Para 4.3, as no letter before action was received.
5 On 15 June 2010 the Defendant submitted a request via first class mail pursuant to S.77-79 of the Consumer Credit Act 1974 (“CCA 1974”) for copies of any Consumer Credit Agreements purported to be the Defendants to the Claimant’s solicitor.
a) The Claimant’s solicitor wrote to the Defendant on 28 June 2010 stating that the Defendant should approach the Claimant directly for this information. The Defendant wrote to the Claimant’s solicitor on 30 June 2010 and referred them to Section 175 of the CCA 1974.
b) The Claimant’s solicitor replied on 1 July 2010 advising that they require a further 21 days from the date of receipt of the Defendant’s letter (believed by the Defendant to be 1 July 2010) in order to provide the information required. The Claimant has frustrated the Defendant by failing to fulfil the S.77-79 request within the recognised time limits.
6. On 8 July 2010 the Defendant submitted requests under CPR 18 and CPR 31.14 via First Class Recorded Delivery for copies of the agreements, copies of all statements since inception of the accounts, in order to assess if the sum claimed is accurate and any other documentation that the Claimant is relying upon in pursuit of this claim. The time limits in respect of these requests have not yet expired.
7. The Claimant is put to strict proof of the date of mailing of any Default Notices that they claim were sent and that their content was valid. To be valid, a default notice needs to be accurate in terms of both the scope and nature of breach and include an accurate figure required to remedy any such breach. The prescribed format for such a document is laid down in Consumer Credit (Enforcement, Default and Termination Notices) Regulations 1983 (SI 1983/1561) and amendment regulations the Consumer Credit (Enforcement, Default and Termination Notices) (Amendment) Regulations 2004 (SI 2004/3237).
Failure of a default notice to be accurate not only invalidates the default notice (Woodchester Lease Management Services Ltd v Swain and Co - (2001) GCCR 2255) but is an unlawful rescission of contract which would not only prevent the court enforcing any alleged debt, but would also give rise to a potential counterclaim for damages where damage occurs to my credit rating (Kpohraror v Woolwich Building Society - (1996 4 All ER 119).
8. I respectfully ask the permission of the court to amend this defence when the Claimant provides full disclosure of the requested documents.
Statement of Truth
I ......... believe the above statement to be true and factual.
Signed
Date 16th Jan;14
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