N1 claim form served AGAIN - Bryan Carter - SORTED AGAIN !!!

[Curlyben]

Re: N1 served

Looks good to me.

I would make one small adjustment

10) In the alternative, the Defendant respectfully requests a stay in proceedings until such time as the Claimant complies with the requests outlined in paragraph 4 of this defence, or until the court orders the Claimants compliance with the same. The Defendant respectfully includes draft directions for consideration by the court (appendix b) The Defendant will then be in a position to file a fully particularised defence and possible counterclaim and will seek the courts permission to amend his statement of case accordingly.

Send them Guaranteed Next Day.
Yes it's £4 but in this case well worth it as it does go with the general mail as Recorded does.

Now as for the account itself, have you got any further with Fred ?

[WendyB]

Re: N1 served

No reply from Fred at all to my email on their site. When I tried to set up a payment instalment on the site, I get a message saying i can't, and to phone an 0845 number to discuss. so there won't be any joy there i think.

will send Special D.

Should i sign the N1 as litigation friend? didn't do acknolwedgment as litigation friend.

[Amethyst]

Re: N1 served

Don't try and set up installments.

[Curlyben]

Re: N1 served

As this is a statement of truth I'm pretty sure that the named defendant must sign it.
Statement of Truth
Sorry 'n all.

ALso have you report Mr C to LCS ??


That being said
PART 22 - STATEMENTS OF TRUTH

6a (i) may apply here.

[WendyB]

Re: N1 served

Defendant has signed statement of truth. i have signed N1 as litigation freind.

But DISASTER!!!!

have just realised that the claimant is actually shown as E-On (Powergen), with bryan as the address for sending docs and payemnts to. Do I still proceed as I was going to? Or just change the defence to read Claimants Solicitors in all the places where I've put Claimant. I can't beleive I've been so stupid. Will this totally cock things up?

[Curlyben]

Re: N1 served

Mr C has had his hand in this, but to be honest I would leave things as they are.
The POC's are woeful who ever filed them.
Simply stating you owe money on an agreement number with no reference to what it refers to is carp.
Hey I could do they same

Now that's some interesting information as it means your debt HASN'T be sold, simply equitably assigned.
Basically this means the DCA, Mr C in this case, cannot take action without the OC knowledge.

I wonder if he has actually informed them of this fact.
Might be worth a quick call to them.
------------------------------- merged -------------------------------
With the issue of assignment in mind we need to redraft the directions.
Quite easy really

Draft Order for Directions

The Claimant shall within 14 days of service of this order send to the Defendant and to the Court:

• Fully particularised statement of case
• Copy of Referenced agreement
• Copies of any statement or other document relied upon pursuant with CPR18

If the Claimant fails to comply with this order, the claim will be struck out without further order.

The Defendant shall within 14 days thereafter file and serve the following

• An amended defence sufficiently particularised in response to the documents supplied by the claimant

If the Defendant fails to comply with this order, the Defence will be struck out without further order.

[WendyB]

Re: N1 served

Cheers CB, will do. presume I just put Eon as the claimant instead of Bryan? At the top of my defence I mean.

[Curlyben]

Re: N1 served

It;s being dealt with by Mr C so lave it as him.

[WendyB]

Re: N1 served

Okay will do. Just got to staple the new draft orders on, stick them in the envelopes and post later. xx

[Amethyst]

Re: N1 served

Good luck sugar xxx

[WendyB]

Re: N1 served

Have posted defence special d, with a first class copy and proff of posting to Mr C. Am going to ring Eon/powergen now and see if they know what he's been up to.

CB - OH signed the statement of truth, I signed the N1 as litigation friend. Suppose if thats not right they'll send it back?? Can't change it now, already posted.

[WendyB]

Re: N1 served

Had a lovely chat with a very nice (if flustered) lady at Eon. Apparently all the legal dept at Eon will tell her is that TDX "have taken over responsibility" for the debt. Couldn't find out whether it was bought, assigned or what. Wasn't allowed to put me through to the legal dept. I pointed out that the claim had been issued in Eon's name so I thought they should at least have some knowledge about it. Especially as it was contrary to S35 and abuse of process etc and would probably get struck out. And then they probably wouldn't get anything. She advised me to ring TDX (do I look stupid???). When I told her I wanted everything in writing and they had so far not answered letters, she told me she'll ring them up and tell them to answer my letters!!! Aaaah Bless!!! She's obviously never had any dealings with Bryan before lol.

So actually that phone call has got me precisely nowhere but it was quite enjoyable, and she was very pleasant and tried to be helpful.

Would really like to know if Bryan and Co do actually own the debt or not though, cos if they do F and F might be easier.

Hopefully when Mr C receives our brilliant defence tomorrow (thanks CB and Ame) he'll cave in and scuttle back under his stone.

[Curlyben]

Re: N1 served

Now that sounds good.
Always a result when the OC doesn't have a clue what the DCA is doing in their name

[WendyB]

Re: N1 served

Thats what I thpught. Not sure how it will help though?

[WendyB]

Re: N1 served

Got a letter from Mr C this morning;_

Dear Mr xx

Powergen (Eon) v Yourself
Northampton County Court, claim no xxx

Please find attached for your information, a copy of the Notice of Discontinuance forwarded to Northampton County Court


And they hadn't even recieved my defence when they posted this!

Just as you predicted CB - he's run away!
Thanks so much CB and Ame, wouldn't have had the bottle to go for it without you guys

Wendy xx