DonkeyB I have prepared a reply to the claimant's Witness statement. Can I submit that with my Witness Statement?

Statement of truth? WS ? reserve costs? Thanks

I received a claim form in March from Morgan/Cabot for 2 unassociated debts lumped together and only partially detailed in POC One of the debts is a credit card which already has a CCJ from 2003 which I was paying every month. The other was a loan from 2000 which hadn't had a payment made against it for years. The Claim was the first I had heard of this loan debt for at least 6 years. I requested a new POC by letter to Morgan as I couldn't make a defence, as their POC were so vague and probably included a CCJ that I was complying with. In this letter I gave them 7 days to provide new POC or I would request a strike out. After 10 days I filed an N244 to strike out the claim as the POC didn't inform me sufficiently as to what I had to defend. see fg's post #70 above. I telephoned Nott and was informed that they had received the N244 and the timeline was now frozen until I had a hearing by a dj to decide the outcome of that application. They later gave me a date for a 10 minute hearing for the strike out in my local court. That is tomorrow. Morgan/Cabot have not issued ammended POC to date. They say in their statement that they have sent a letter separating the 2 amounts claimed, but only after receiving the N244 They have now agreed that they will return the CCJ debt to the original owner, but they are writing in their statement, which I received Saturday, as though they have received judgement !! - not true , so they are agreeing to set aside their claim on the CCJ debt, as it is being returned but are asking for a variance on the judged amount for the loan. - NO judgement has been made! and I have never applied for a set aside only a strike out. So they admit that the POC are wrong as they were claiming for a debt they weren't legally entitled to. Surely that makes the claim form as issued null and void ? Are they trying to pull the wool over the dj eyes and stating there is a judgement or have they misunderstood the N244? I'm in panic mode again. Thank you

bump

Hello I have my date for court, and Morgan have sent me a bundle, received 4 days before the court date, including their statement, in reply to my N244 application to strike out the claim after they didn’t send amended P.O.C. Their whole statement is based upon my application to set aside judgement not, as in reality, my application to strike out ! Nowhere do they once mention strike out. They write later in the statement that as I didn’t file a defence in time I had not fulfilled criteria and a judgement should be/has been made in their favour !? NO I didn’t file defence, as advised here, as upon the court’s receipt of the N244, which they received before a defence had to be submitted, all proceedings were frozen, is that correct? I was given a date for a ten minute hearing in my local court. They say that the judgement should have been made in their favour as they sent me a letter, after their receipt of the N244 to set aside, detailing the 2 debts ! This of course included the card debt which they now know is no good. They did not write to the original lender until only 3 weeks ago some 2 months after receiving my N244 detailing their error in claiming a debt with a CCJ attached. Even though they still don’t admit knowledge of a CCJ against the cc debt, only my assertion, in their print out of my timeline record it states that I have a CCJ for the same amount with the same CCJ number from 2003, this is in their timeline as information received in 2008 They say that the credit card debt with the CCJ attached is now going to be sold back to the original holder and that they would like that part of the judgement to be set aside and the total judgement to be varied to just the unsecured loan amount. Again no judgement has been made, are they crazy? As regards the POC, which they never ammended, they mention the limitations of the form from the bulk centre as regards the number of letters they can use on their online forms. Hardly my fault. I know their defence is ridiculous but all advice is welcome to what I should say to the judge in court. Thanks once again p.s. They have also submitted a bill for costs for £400 to prepare for and attend the N244 hearing.

Thanks fg I have made an extra copy for the court. = 2 total I have marked Morgan letter and CCJ copies - exhibit A B etc. and added these exhibits to my question 3 and question 10 pages. I have enclosed a covering letter listing all pages sent. I never signed my requests to Morgan / Cabot but now they will have a copy of my sig from the application - unfortunate. My deadline for my defence to be submitted is Saturday 3rd April

FG dd and others I have got my pack together to send to Northampton tomorrow. It includes: N244 Application notice Question 3 continuation sheet Question 10 statement sheet Draft Order Copy of letter to Morgan dated 9th March Royal Mail receipt for above dated 10th March Copy of Claim/POC from Morgan Copy of original CCJ Copy of amended CCJ ( see below ) Application for fee remission In question 3. I used your words exactly. In question 10. I altered for my details : 10. Statement On the 9th March 2010 the Defendant sent a letter to the Claimant requesting that they amend their Particulars of Claim within 7 days in accordance with Civil Procedure Rules so that the Defendant was able to identify the alleged case he had to answer in respect of this claim. To date the Claimant has not responded to this request. On 29th July 2003, a County Court Judgment case number xxxxxx was made against the Defendant in the sum of £xxxxx to be paid to credit card companyxxx PLC, the original creditor, by monthly instalments of £40. This monthly payment was adjusted to £1 per month by xxxxxxx County Court on the 23rd September 2003. The Defendant has made all payments to date to xxx PLC as directed by xxx PLC. The Claimant has not applied to the court for a variation of this judgment order & is therefore not entitled to seek payment from the Defendant or bring this claim against him. Is the above all OK? Thank you so much for your help.

Thanks fg dd I have looked again at post #36 - the embarrassed defence, I will need to reword it. The loan is one part of the POC the other part being a credit card debt with a CCJ attached. The loan and CCJ are not from the same lender. Do I submit my defence wholly per the vague POC? Do I wait to mention the CCJ until the strike out application?, or do I state in the defence that the only debt I have ever had with the credit card company listed is under a CCJ? Should I mention interest under s.69 or leave that out at the moment? It is 9 days since Morgan received my request for proper POC, I have had nil return communication. I realise that my POC are certainly different to anyone else's I have found on here so I am not sure how to adapt any of the defences I can find. I realise the defence and request for strike out are now very important to get right first time. Any pointers please? Thank you once again

Volvo - the Claim number uses numerical zero, and make sure you use the proper case for the Claim no. and the password = upper for claim and mixed for password.

I telephoned Northampton and asked if Morgan had contacted them, they haven't as far as they know but there is a back log of communications going on to the system of about 6 days!!! I have received nothing from Morgan. So I mentioned application to strike out, and the lady emailed me the documents, N244.pdf also a letter was enclosed explaining how to fill in the N244 if I wanted to strike out the defence so I telephoned them again and I am told that I can use the same form to make application to strike out the claim as well. There are 2 options - with hearing or without hearing - which is better? I read on a thread (somewhere ) that if I ask for a hearing it will be allocated to my local court and if that happens there may be a supposition that a defence has been filed ( it shouldn't be allocated until the defence is in ) So I am looking for advice on what to write : 0.What information will you be relying on, in support of your application? the statement of case the evidence set out in the box below Do I mention that the only credit card debt I have had with the reference company on the POC is subject to a CCJ or do I leave that for later? This a link to my POC again. http://i986.photobucket.com/albums/ae342/markwarnerr/CAG/alteredscanpocresized.jpg Thanks

diddy - No I have been paying £1 per month to credit card company on the CCJ since I received it in 2002/2003 but when I received the claim from Cabot i looked back over my bank statements and found that Egg hasn't cashed any of my cheques for about 5 months, although I have sent more to them this month. ( I send 4 or 5 cheques to them at a time post dated ) I have no idea why they would ( or could ) sell the debt to Cabot. I have had no communication with them for years - as in my initial post. foolishgirl - your post #16 - donkeyb #29 are you still following my thread? I am confused

quote foolishgirl - Does this include the CPR31 & 18 requests & how long did you give them to fulfil each? - I took the advice not to request the CPRs earlier in the thread as there was no understandable POC to reply to, and to go down the s77, sar route at first. I gave them 7 days to resubmit amended POC as suggested. post #38 Thanks foolishgirl Do I ask for the case to be struck out as no proper POC has been put to me? re posts # 36 and #37 Hi diddy - the debt not being owed is not something I am following - The credit card debt has a CCJ against it and the loan hasn't been heard about for years. I understand about realising that there is a debt owed to someone, just not sure who at the moment. Do I ask the court to strike out the claim as there are no POC to answer to though? Thank you

Hi I posted all my letters as per my last post and they have all been received and signed for. The POC request and the SAR were signed for the following day, but not yet acknowledged, and the request under s77/79 was only received by them yesterday ( a week late) but this has been acknowledged by them sending my £1 P.O.s back, stating they do not accept the statuary fee but will anticipate that they will have the paperwork from the original creditors in 12 days. Why don't they accept the £1 fee? Most importantly they received/signed for my request to serve amended POC on the 10th and so today they have had 7 days to serve. So, I now send a letter to Northampton CC ? Is the request to strike and the embarrassed defence the same letter? or do I hold off on the defence part? I have just read in a similar thread to mine, but not the SAME ( Volvo's ) that pt2537 recommends not putting in any defence, even embarrassed, until........ I have until Saturday 3rd April to submit defence. Is there anything else I need to write/send? Thanks once again.

I have both faxed and posted, by recorded delivery, the request to Morgan solicitors for a poc this afternoon. I will send the SAR and s77 request in the morning again by recorded delivery. Thanks, citizenB I have included that. Thanks for your advice foolishgirl

This is my SAR - I have left para 2 and para 3 as is and not named the 2 creditors listed so as to not limit it to those 2 in case they have other information on me - is that ok? http://tinyurl.com/ykwhbzw thanks citizenB