Sorry not sure what is going on with my paragraphs I've tired to fix it but it must be this laptop I'm using!

Hello Just to update people I have received an old copied statement from my solicitors running from 2007 to 2009 last week out of the blue regarding this claim but none of the other information I requested back in November last year. They have given me 14 days to contact them and arrange payment now they have supposedley satisfied the requests in my claim. I haven't spoken to the claimant's solicitors but I have rung the courts to tell them that I don't have all the information I requested so I asked if I was able to apply to strike out this case. It is currently listed as being put aside T hey have advised I can fill out an N422 form to do this at the cost of £50. Is this the correct procedure or is there any advice anybody has in regards to this N422 form? What exactly happens if I do this will I have to go to court? Any help would be much appreciated Thanks Clive D

Hello Thanks for the info Marylikes Just to update I've had a reply from CCBC (an actual person not automated response) that my amended defence has been processed today. So I guess I'll have to wait now to see what happens next. Any ideas of what the next stage could be? What are the various outcomes? Is it most likely I will end up in my local court? Does the claimant still have to provide to either myself or the courts any actual proof or documentation of what they are claiming? Regards Clive D

I didn't know that and the lady I spoke to on the phone didn't mention this either? I even asked do I just write an email and she said yes that would do. The claim no. Is in the subject field. The email address is specifically for defendants as well so I think this part should be ok. I hope they don't pull me up on this If they do then I'll get a hold of the phone conversation as I know they record them! Thanks for the heads up anyway.

Sound advive, will do that! Clive D

I can't log in through Gateway as I got locked out of the original claim so when I spoke to court service desk they told me to send a defence by email and reference the claim number. She did mention by 4pm today but do you think it's worth trying to send an amendment through on same claim number? They can only throw it out at wort I suppose? Appreciate your time for this one Clive D

That does look better! Like I said I had to submit the last defence as I was running out time. Any way I can ammend that defence I sent to something along the lines of above? Thanks Clive D

Yes it was an overdraft they created themselves based on account charges interest etc. I have no idea how the final figure they have come to? I've asked for copies of the documents through CPR but had no reply.

Sorry! Thanks for that Andy

Hi I know this is short notice but thought I would get my defence a final check before i send just to make sure I'm not missing something here. The defence is in respect of an old Loyds account overdraft facility Many thanks for your time Defence in Respect of Claim Number xxxxxxx Issue date 23rd October 2013 I dispute the full amount claimed as shown on the claim form The particulars of the claim being Paragraph 1 The claim is for the sum of xxxxx in respect of monies owed by the defendant on a credit agreement held by the defendant with Lloyds Banking Group under account number xxxxx upon which the defendant failed to maintain payments. Paragraph 2 A default notice was served upon the defendant and has not been complied with. Paragraph 3 By virtue of a sale agreement between Lloyds Banking Group and the claimant, the claim vested in the claimant who has a genuine commercial interest. The defendant has been notified of the assignment by letter 1. Paragraph 1 is not admitted with regards to the Defendant entering in to an Agreement referred to in the Particulars of Claim ('credit agreement') with the Claimant as the Defendant did not enter into any Agreement with the Claimant. 2. Paragraph 1 and Paragraph 2 are not admitted with regards to the Claimant terminating the alleged contractual Agreement as the Defendant did not enter into any Agreement with the Claimant 3. Paragraph 1 is denied with regards to the Defendant owing any monies to the Claimant and the Claimant is put to strict proof to: (a) show how the Defendant has entered into an agreement with the Claimant; and (b) show how the Defendant has reached the amount claimed for; and © show how the Claimant has the legal right, either under statute or equity to issue a claim; 4. As per Civil Procedure Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed. 5. On the alternative, if the Claimant is an assignee of a debt as per Paragraph 3, it is denied that the Claimant has the right to lay a claim due to contraventions of Section 136 of the Law of Property Act and Section 82A of the Consumer Credit Act 1974. 6. On the alternative, the Agreement referred to in paragraph 1 was improperly executed contrary to Section 61(1)(a) of the Consumer Credit Act 1974 ('the Act'). 7. The Agreement cannot be enforced against the Defendant without an order of the court by the reason of the fact that it was improperly executed as set out above and by reason of Section 65(1) of the Act. 8. Further, by reason of the fact that there is no document which has been signed by the Defendant containing a correct statement of the amount of the credit under the Agreement, and by reason of Section 127(3) of the Act, the Court has no power to make an enforcement order in respect of the Agreement because a term stating the amount of the credit is a prescribed term for the purposes of Sections 61(1)(a) and 127(3), prescribed by the Consumer Credit (Agreements) Regulations 1983, regulation 6(1) and paragraph 2 of Schedule 6. 9. By reason of the facts and matters set out above, it is denied that the Claimant is entitled to the relief claimed or any relief. Signed Mr xxxxxxxx Defendant Clive D

It's capquest and the claim form has been signed by drydens fairfax solicitors acting on their behalf. It's an old Lloyd's account Cheers Clive D

That's the kind of thing I was after thanks very much

I don't mind writing a defence I was just wondering if there is any standard template having not received any info from the CPR? I spoke to the courts Friday and they told me the defence would be sent to the claimants so they would decide from there wether to pursue this case? I appreciate every case is different but I can't find any examples in here to guide me. Just worried I'm going to write something wrong down Any help or pointers with the defence would be greatly appreciated

HiI asked for some advice here few weeks ago and sent a CPR request letter to my claimant on the CCJ Claim Form. It was for an overdraft facility (got the template out the library specifically for bank accounts) from around 4-5 years ago. I've had no response and today is past the 7 day deadline. I am conscious though that my issue date was 28th October (23rd on form) so by my reckoning I have until end of play 25th Monday to file my defence. I know this is short notice but how much information do I need to put here? Am I asking simply for the case to be put aside? I filed my extension of time online so will file my defence online also if that helps. Some advice would be greatly appreciated as I'm panicking with the timeframe here and on a steep learning curve! Thanks Clive D

Thanks dx I've just found the CPR 31.14 in the legal library which is specific to overdrafts rather than the one at the top of the forum page in the sticky. Can anyone tell me how much I should include on the postal order for reasonable copying costs. Is £10 the standard? Also do I send it to the claimant on the ccj claim form or the solicitor stated or both? Thanks again