Spotted a bargain ? Post it here!! A Litre bottle of Bacardi at Morrisons for 13 quid Bo is one very happy bunny tonight - I love a bargain Oh and it's the "real thing" too - Superior! Only on offer for a few days I was told and I bought it yesterday!

Thanks - you too! A wise move filing online - they process it on the next working day. So would be Tuesday if you're doing it at the weekend and you don't need to send a copy to anyone - the court does it all for you

I checked with the court today and they confirmed that as long as the Claimant had agreed to the extension and I have it in writing, that was fine. All they had on file was my telephone call stating that Morgans had agreed to the extension but they hadn't received the copy of the letter from Morgans I had sent them. They asked me to send it again as they needed something in writing on their file. Although she did say that NCCBC had a backlog at the moment. I asked her about whether I had to fill in a form or pay a fee and she said she'd never heard of that! Good job I took your advice and rang to check with them Spamheed - thank you Surely they should have procedures written down somewhere in front of them so that conflicting advice can never be given out. It does make you wonder who trains the staff!

Lol. I will be double checking tomorrow and I'll let you know. Hope it all goes OK for you

Lol, let's hope that's the case!

My case is still at NCCBC and I posted my defence online at the weekend. The extension date was today - two weeks after my defence was due. I'd better ring the court tomorrow and check with them regarding the extension being in place. Thanks for the info Spamheed. Nothing would really surprise me at the moment. Quite worried now.

Sorry Spamheed I didn't realise that. I rang the court but they didn't tell me that this was the procedure.

I e-mailed Morgans but didn't get a reply so I rang them.

I rang the court and then sent them a copy of the letter to make sure. I didn't have to fill any forms in.

I e-mailed first, no reply, then rang and asked for the extension, got a name and asked for it in writing, I got the letter two days later. I made sure I sent a copy to the court after informing them what Morgans had said.

Hi Spamheed I just rang Morgans and asked for a two week extension. They agreed and sent me a letter confirming this. I then rang the court and told them that Morgans agreed to the two week extension.

Wine

Me neither (insert that fab eekky smilie that's disappeared in here - you remember the one LMAO) Hi Haditup - there are similarities in the one sent to me, lots of pages blacked out although I see yours is a credit card one. Morning RWR. I agree as they cite the NOA in the POCs so will have to disclose a copy of the Deed of Assignment if it gets that far but they are still saying that they are the Assignee at the moment. Why does the law make cases like this so complicated? I mean why can't the LIP just go into the court and tell the facts as they happened without all this case law and legislation shoved in left, right and centre? Just off to MCOL to submit my defence online (thanks for all the input peeps).

I've added a bit about the NOA in paragraph 4 of my defence:- 4. The Claimant has failed to disclose all appropriate documentation to support the Particulars of Claim, requested under CPR 31.12 and CPR 16.4 (2); sent by recorded delivery on xx/xx/xx and xx/xx/xx in that the Claimant has not provided terms and conditions pertaining to the alleged debt nor any statements of account prior to assignment of the same and gives no legal justification for interest added post assignment. The Claimant has also failed to provide evidence of a Default Notice to substantiate the sum being claimed which leaves the Defendant at a disadvantage and unable to plead effectively or at all. A copy of the purported notice of assignment which the Claimant cites in the claim, has not been served attached to the claim form. The Defendant is embarrassed in pleading to the Claim as it stands.

Many thanks for your input, it's much appreciated

Join the club You're in the wrong job obviously - they will be inviting you to join their supposed solicitors before long ;-)

Here we go again! Sorry gh and P1 but my "tweaking" is not in full flow tonight due to being up at 5.30am this morning. Defence 1. I, [insert full name & address], am a litigant in person and the defendant in this action. I make the following statement as a Defence to the claim made by [insert Claimant’s name] 2. Except where otherwise mentioned in this Defence, I neither admit nor deny any allegation made in the Claimant’s Particulars of Claim and put the Claimant to strict proof thereof. 3. The Defendant notes that the Claimants' claim is not fully particularised and offers no cause for action and is thus eligible for a strike out under CPR 3.4.2 (a). 4. The Claimant has failed to disclose all appropriate documentation to support the Particulars of Claim, requested under CPR 31.12 and CPR 16.4 (2) in that the Claimant has not provided terms and conditions of the alleged debt nor any statements of account prior to assignment of the same and gives no legal justification for interest added post assignment. The Claimant has also failed to provide evidence of a Default Notice to substantiate the sum being claimed which leaves the Defendant at a disadvantage and unable to plead effectively or at all. The Defendant is embarrassed in pleading to the Claim as it stands. 5. The Defendant denies that they are indebted to the Claimant for the sum of [insert claim sum] and puts the Claimant to strict proof of this sum, including a full Breakdown of the amount being claimed as "arrears" prior to any Default Notice being issued before assignment. 6. As the Claimant has not responded sufficiently, the Defendant denies the Claimants claim for interest pursuant to s.69 of the county court Act 1984 which expressly forbids interest in claims where there is already contractual interest. A credit agreement by its nature defines contractual interest payable. AND the Defendant; 7. Seeks an order that the Claimant’s action is struck out under CPR 3.4.2 (a), or otherwise dismissed on the grounds that any claim cannot succeed and that the Claimant do pay the Defendant’s costs incurred in defending this action. 8.Notwithstanding matters pleaded, it is denied that the Claimant has established a cause of action or that the Claimant has a valid claim against the Defendant. Consequently, it is proving difficult to plead to the particulars as matters stand. The Defendant is embarrassed at the lack of detail within the Claimant's claim and therefore cannot plead due to the Claimant's ongoing failures to provide documentation under CPR 31.12 and 16.4 (2). The Defendant would like to draw the attention of the court to s.189 of the Consumer Credit Act 1974 in the case of Absolute Assignment, which makes it quite clear that the Claimant purchases the rights as well as the duties of an Agreement upon assignment. The CCA 1974 was designed to protect the consumer and as such, differs from contract law on those grounds. The Defendant reserves the right to amend this defence and intends to make an application to the court for an order compelling disclosure. Statement of truth I believe that the facts stated in this defence are true. I am the Defendant. Signed: XXXX XXXX 2010 Not sure whether to incorporate not receiving the NOA which is actually in their POCs? POCs were:- I'm hoping to submit the defence online this weekend. TIA Bo

Waking up at 5.30 this morning and deciding I might as well get up. For the first time in ages, I just walked past my snoring GSD and he didn't even flinch. The poor thing was dead to the world!! Obviously way too early for him to get up but it did make me smile

Not being able to get on CAG tonight of all nights Not CAG's fault I know but when you have a defence to do online and can't get on the forum to read your thread, it really is the pits

Noted P1. I will try and get that into my defence. I have very little time now so will ask Mr Blue to post up my final defence tomorrow thanks. I will need to get it printed off and posted Rec Del Saturday morning. Not CAG's fault but not being able to get on the forum tonight really hasn't helped as I really wanted to get my defence done online tonight Not too late gh - I will print off S69 for the hearing ta

I know, I've seen you in action ROFL! Go get 'em Tiger ;-)

Where's your sense of humour gone woman ?? *gets coat*

That's brilliant, thanks P1 - can't rep you, I need to go and spread Think I will go with that now, unless anyone has anything further to add or advise?

Well here's my amended draft defence (I will get there in the end!) 1. I, [insert full name & address], am the defendant in this action and make the following statement as a defence to the claim made by [insert Claimant’s name] 2. Except where otherwise mentioned in this defence, I neither admit nor deny any allegation made in the Claimant’s Particulars of Claim and put the Claimant to strict proof thereof. 3. The Defendant notes that the Claimants' claim is not fully particularised and offers no cause for action and is thus eligible for a strike out under CPR 3.4.2 (a). 4. The Claimant has failed to disclose all appropriate documentation to support the Particulars of Claim, requested under CPR 31.12 and CPR 16.4 (2) in that the Claimant has not provided terms and conditions of the alleged debt nor any statements of account prior to assignment of the same and gives no legal justification for interest added post assignment which leaves the Defendant at a disadvantage and unable to plead effectively or at all. The Defendant is embarrassed in pleading to the Claim as it stands. 5. The Defendant denies that they are indebted to the Claimant for the sum of [insert claim sum] and puts the Claimant to strict proof of this sum and amount of arrears claimed. 6. As the Claimant has not responded sufficiently, the Defendant denies the Claimants claim for interest pursuant to s.69 of the county court Act 1984. AND the Defendant; 7. Seeks an order that the Claimant’s action is struck out under CPR 3.4.2 (a), or otherwise dismissed, on the grounds that any claim cannot succeed and that the Claimant do pay the Defendant’s costs incurred in defending this action. 8. Notwithstanding matters pleaded, it is denied that the Claimant has established a cause of action or that the claimant has a valid claim against the defendant. Consequently, it is proving difficult to plead to the particulars as matters stand. The Defendant is embarrassed at the lack of detail within the claimants claim and therefore cannot plead due to the Claimants ongoing failures to provide documentation under CPR 31.12 and 16.4 (2). The Defendant reserves the right to amend this defence and intends to make an application to the court for an order compelling disclosure. Statement of truth I believe that the facts stated in this defence are true. I am the Defendant. Signed: XXXX XXXX 2010

I'm re-doing my defence now, however if I want to put them to strict proof of the amount owing, how can I do this now? Can I add this to my defence or would I submit say, a part 18 request for further info ?