Natwest/Shakespeare claimform £29K - merged OD & loan - help!!

[Grad98]

Hi all,

 

I received today in the post a court claim for the claimant NatWest by Shakespeare Putsman LLP and I want to make sure this time I correctly defend this rather than my last saga where my DMP arranger told me to acknowledge the entire debt and I nearly ended up with a charging order!.

 

In this case, I had a loan and overdraft on a current account with Natwest. (i.e. 2 accounts)

 

 

When I ran into financial difficulties last year, I advised them and both debts were put into a DMP with CCCS and payments were made consistently since June 2007.

 

This year, Natwest started to write to me that my repayments were not sufficient and I was to make arrangements for full repayment etc or further action may be taken.

 

I received a letter dated 30th March 2008 (received 2nd April) from legal firm Shakespeare Putsman (SP) LLP saying I had not come to a satisfactory repayment schedule and I was to contact them before 3rd April or further action may be taken.

 

 

I whizzed off a letter stating my current offer of payment and asking if subsequent payments should be made to SP LLP. I also sent a CCA request dated 2nd April (sent by SD on the 3rd April).

 

Lo and behold, today I receive a court summons (dated 7th April). For a whopping £29,507 (plenty of fees and debit interest in there as they were still adding these on my overdraft every month despite my DMP arrangement)

 

Could you please let me know what my next steps are given I have sent off the CCA and I must respond to the court forms within 14 days from 7th April?

 

Many thanks for any assitance you can give

[Ell-enn]

Hi Grad, there is a letter you can send asking for information under Civil Procedure in order to properly defend your claim. I will have a scout about and see if I can find it. In the meantime someone with more experience than me might reply sooner.

 

Kind Regards

 

Ell-enn

[pt2537]

Hi there

 

Can i ask what their Particulars of claim are?

 

are they taking you to court over the current account and the loan?

 

have they combined both accounts on the claim form? or are they listed as seperate?

 

as much info as you can give would be great

 

Heres teh letter that Ell enn is refering to

 

In the XXXX County Court

Claimant -v- (YOUR NAME)

Claim Number: (CLAIM NUMBER)

 

 

Dear XXX

 

REQUEST FOR INFORMATION

 

I have received a recent court claim from your organisation. In order to file a defence and counter claim I require some information. Given that this matter is now the subject of legal proceedings, you are obliged to disclose under the Civil Procedure Rules, the information and documents detailed below.

 

The information must be furnished within fourteen days of the receipt of this letter. If you fail to comply, this will be reported to the Court, a copy of this letter will be provided as evidence to the same and an Order enforcing your compliance will be sought.

 

1. A true copy of the executed credit agreement and any terms and conditions that applied to the account at the time of default and at the time the account was opened.

2. All records you hold on me relevant to this case, including but not limited to:

 

a. Transcriptions of all telephone conversations recorded and any notes made in relation to telephone conversations by your company, or by any previous creditor

b. Where there has been any event in my account history over this period which has required manual intervention by any person, I require disclosure of any indication or notes which have either caused or resulted in that manual intervention, or other evidence of that manual intervention in relation to my account formerly held with *********.(AMEND TO THE COMPANY NAME)

c. True copies of any notice of assignment and/or default notice or enforcement notice that you or the original creditor sent me, with a copy of any proof of postage that you hold.

d.Documents relating to any insurance added to the account, including the insurance contract and terms and conditions, date it was added and deleted (if applicable).

e. Details of any collection charge added to the account; specifically, the date it was levied, the amount of the charge, a detailed financial breakdown of how the charge was calculated, and what the charge covers.

f. Specific details of the fees/charges levied by any other agency in respect of this account and a detailed breakdown of said fees/charges and what each charge relates to and on what date said fees/charges were levied.

g. A genuine copy of any notice of fair use of my data as required by the Data Protection Act 1998

h. A list of third party agencies to whom you have disclosed my personal data and a summary of the nature of the information you have disclosed.

i. Copies of statements for the entire duration of the credit agreement.

 

3. Any other documents you seek to rely on in court.

 

 

I will require this information within the next fourteen days. I must advise you that if the information is not forthcoming, it will be reported to the Court that you are trying to frustrate proceedings and denying me the opportunity to file a defence and counter claim.

 

Yours sincerely,

 

XXXX (type, don't sign).

 

 

 

Amend it to suit your circumstances and if you are not sure of anything please ask!!

[Grad98]

The particulars of claims are set out as follows:

 

1) The claimant claims against the defendent repayment of the defendents account 2050xxxx and 2060xxxx together with interest and charges

2) The accounts are regulated under the Consumer Credit 1974

3) The claimant has served the defendent notice under the Consumer Credit Act 1974

4) The claimant now claims repayment in respect of the accounts

 

2050xxx £29999.19 at 17th March 2008

2060xxx £27,507,22 at 17th March 2008

 

They go on to say are claiming 29,507 and interest.

 

So essentially they are claiming for both the current and loan accounts.

 

Thanks for the above letter - I will whizz this off tomorrow. Do I have to send the £10 that one would normally send when doing an SAR request or is it not relevant at litgation stage?

 

And something else please -

 

In the particulars of claim they have served me notice under the CCA act 1974. How much time or notice do they have to give? I got a letter dated 30th March on the 2nd April stating that if I did not respond with a suitable offer of repayment by 3rd April that further action would be taken. I responded straight away but court letter postmark is 7th April.

Are they allowed to move that quickly?!

 

Thanks for your support guys

[Grad98]

Just saw i made a typo in the particulars of claims. Dozy me!:

Instead of

2050xxx £29999.19 at 17th March 2008

2060xxx £27,507,22 at 17th March 2008

 

To clarify - it is acutally

2050xxx £2000.19 at 17th March 2008

2060xxx £27,507,22 at 17th March 2008

 

Where the 2k was an Overdraft and the £27k was a loan.

 

Whilst I get the CP letter off the solicitors, am i right in assuming I respond to the court docs with the Acknowledgement of Service to allow myself more time?

 

Thanks!

[nicklea]

Yes, you must acknowledge the service within the timescale or they will get judgement by default. Say that you are defending the full amount. This gives you (I believe) another 14 days to get your defence in.

 

Don't worry if the bank don't reply to you inside those 14 days in that case you simply put in what is called a holding defence to the effect that you deny the claim, have requested information under CPR part 18 and haven't had a response yet.

 

As an example, what happened with me was that the court made an order that the claimant should supply the documents that I requested.

[Grad98]

great - thanks - I will get that off tomorrow by SD.

[Grad98]

OK... the due date for the lawyers to acknowledge the CP has now passed and the further 14 days to put in a defence is fast approaching an end. Defence must be in by 5th May.

 

So what happens now please? I understand from Nickleas post, I should put in a holding defence... can anyone point me in the right direction of what I am meant to say in a holding defence?

 

Furthermore, what happens if the lawyers respond with the requested documentation in the CP letter before the 5th May?

 

As usual - am grateful for your assitance.

[nicklea]

Hi there

 

Can i ask what their Particulars of claim are?

 

are they taking you to court over the current account and the loan?

 

have they combined both accounts on the claim form? or are they listed as seperate?

 

as much info as you can give would be great

 

 

 

Hi,

 

As Paul says, could you let people know what is actually written on the claim form (leaving out personal details) and as much info as possible

[Grad98]

The particulars of claims

 

1) The claimant claims against the defendent repayment of the defendents account 2050xxxx and 2060xxxx together with interest and charges

 

2) The accounts are regulated under the Consumer Credit 1974

 

3) The claimant has served the defendent notice under the Consumer Credit Act 1974

 

4) The claimant now claims repayment in respect of the accounts

 

Particulars

 

To the principal sum and interest due in respect of account numbers:

 

2050xxx £2000.19 at 17th March 2008

2060xxx £27,507,22 at 17th March 2008

 

And the claimant claims:

1. The sum of £29,507.41

 

2. Interest pursuant to section 69 of the County Court Act 1984 at the rate of 8% per annum equivalent to £116.28 from the date os issue hereof

 

3. Further interest pursuant to section 69 of the county court act 1984 at the rate of 8% per annum and continuing at a daily rate of £6.46 until judgement or sooner payment.

 

Dated; 04/04/2008

 

Statement of truth

The claimant believes the facts stated in these particulars of claims are true

.... and then it is signed by the claimants solicitors - Shakespeare Putsman.

 

Is there any further information i need to give you to assist please?

[nicklea]

ok,

 

Here's one that's been lifted from one of pt2537's defences. They are really good (I think).

 

This defence just says that you are asking for more time as they haven't replied to your CPR request and also stating a few good reasons why it is/may be unenforceable at this time. Please don't just cut and paste it but try and understand what it is saying - don't forget that it's you that has to appear in court.

 

Hope this helps

 

In the xxxxxxxx County Court

Claim number

 

 

 

 

Between

xxxxxxxxxxx- Claimant

 

and

 

you - Defendant

 

Defence

 

1) Except where otherwise mentioned in this defence, and pursuant to Civil Procedure Rules (“CPR”) Part 16.5, I neither admit nor deny any allegation made in the claimants Particulars of Claim and put the claimant to strict proof thereof.

2) 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 courts 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 accounts referred to, the method the claimant calculated any outstanding sums due, or any default notices issued or any other matters necessary to substantiate the claimant’s claim.

b)A copy of the purported written agreement 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 as laid out in Practice Direction 16. Paragraph 7.3.

c)A copy of any evidence of both the scope and nature of any default, and proof of any amount outstanding on the alleged accounts, has not been served attached to the claim form.

 

The Credit Agreement

3) On the xx/xx/2007 I wrote to the Claimant requesting a true copy of the executed credit agreement pursuant to section 77(1) of the Consumer Credit Act 1974 (“CCA”). The claimant upon receipt of such request has a duty to supply the documentation within 12 working days as prescribed by Statutory Instrument 1983/1569 Regulation 2.

 

4) For clarity, s77(1) CCA states:-

77. Duty to give information to debtor under fixed-sum credit agreement.

— (1) The creditor under a regulated agreement for fixed-sum credit, within the prescribed period after receiving a request in writing to that effect from the debtor and payment of a fee of £1, shall give the debtor a copy of the executed agreement (if any) and of any other document referred to in it, together with a statement signed by or on behalf of the creditor showing, according to the information to which it is practicable for him to refer,—

(a) the total sum paid under the agreement by the debtor;

(b) the total sum which has become payable under the agreement by the debtor but remains unpaid, and the various amounts comprised in that total sum, with the date when each became due; and

© the total sum which is to become payable under the agreement by the debtor, and the various amounts comprised in that total sum, with the date, or mode of determining the date, when each becomes due.

 

5) S77(4) of the CCA sets out the consequences of failure to comply with such a request and states:-

 

(4) If the creditor under an agreement fails to comply with subsection (1)—

(a) he is not entitled, while the default continues, to enforce the agreement; and

(b) if the default continues for one month he commits an offence.

 

6) XXX have made no reply to this request.

7) Therefore it is averred that XXX has failed to discharge their obligations under s77(1) of the CCA and as a result has no right of action, by way of s77(4) of the CCA, to enforce this agreement while their non compliance continues.

 

Enforcement of the Agreement

8)8 ) For a credit agreement to be enforceable it must contain all of the prescribed terms as laid out in the Consumer Credit (Agreements) Regulations 1983 (SI 1983/1553)

9) The courts attention is drawn to the fact that where an agreement does not have the prescribed terms required by the CCA then it is not compliant with section 60(1) CCA and therefore not enforceable by s127 (3). The court’s attention is also drawn to the authority of the House of Lords in Wilson-v- FCT [2003] All ER (D) 187 (Jul) which confirms that where a document does not contain the required terms under the consumer credit act 1974 and the Consumer Credit (Agreements) Regulations 1983 (SI 1983/1553) and Consumer Credit (Agreements) (Amendment) Regulations 2004 (SI2004/1482) the agreement cannot be enforced

 

10) With regards to the Authority cited in point 9, I refer to LORD NICHOLLS OF BIRKENHEAD in the House of Lords Wilson v First County Trust Ltd - [2003] All ER (D) 187 (Jul) paragraph 29

” The court's powers under section 127(1) are subject to significant qualification in two types of cases. The first type is where section 61(1)(a), regarding signing of agreements, is not complied with. In such cases the court 'shall not make' an enforcement order unless a document, whether or not in the prescribed form, containing all the prescribed terms, was signed by the debtor: section 127(3). Thus, signature of a document containing all the prescribed terms is an essential prerequisite to the court's power to make an enforcement order.”

 

Failure to disclose documents relied upon in the Particulars of Claim

11) Further to the case, on xx/xx/xx I requested the disclosure of information from the Claimant’s solicitors which is vital to my defence in this case pursuant to CPR Part 18. The information requested amounted to copies of the Credit Agreement and Default Notice referred to in the particulars of claim and a transcript of all transactions, including charges, fees, interest, alleged repayments by myself and payments made by the original creditor. Also any other documents the Claimant seeks to rely on.

12) To Date the claimant has ignored my request under the CPR and I have not received any such documentation requested. As a result it has proven difficult to compose this defence without disclosure of the information requested, especially given that I am Litigant in Person.

 

13) The claimant is therefore put to strict proof that a document which is legible and Compliant with the Consumer Credit Act 1974 and subsequent Regulations made under the Act exists

 

Default Notice

14) In my request for disclosure under CPR Part 18 I requested that the Claimant disclose a copy of the Default Notice that is referred to in the Particulars of Claim. They have failed to respond to this request.

 

15) It is neither admitted nor denied that any Default Notice in the prescribed format as cited in the Particulars of Claim and as required by s87(1) CCA was ever received. I put the Claimant to strict proof that said document in the prescribed format was delivered to me.

 

16) Without prejudice to the above, I put the Claimant to strict proof that any Default Notice sent was valid. To be valid, a Default Notice is required to be accurate in terms of both the scope and nature of breach and include an accurate figure required to remedy any such breach.

 

17) For a creditor to be entitled to terminate a regulated credit agreement where there is a breach, demand repayment in full or take any legal action to recover any monies due under the agreement, a creditor must serve a Default Notice under s87(1) CCA, which states:-

 

18) S87(1)Service of a notice on the debtor or hirer in accordance with section 88 (a "default notice ") is necessary before the creditor or owner can become entitled, by reason of any breach by the debtor or hirer of a regulated agreement,-

(a) to terminate the agreement, or

(b) to demand earlier payment of any sum, or

© to recover possession of any goods or land, or

(d) to treat any right conferred on the debtor or hirer by the agreement as terminated, restricted or deferred, or

(e)to enforce any security

 

19) I note the opening part of section 88(1) CCA, which states:-

 

88. Contents and effect of default notice.

- (1) The default notice must be in the prescribed form.......

 

The word must makes it clear that no variation is acceptable. Therefore it cannot be dispensed with as a de minimus issue.

 

20) The prescribed format for this document is given by the Consumer Credit (Enforcement, Default and Termination Notices) Regulations 1983, as amended, in particular schedule 2(2) points 1-11 which set out the statutory form that a Default Notice must follow for it to comply with s87(1) CCA.

 

21) I note that the regulations do not allow any variation in the form of the Default Notice and therefore it is averred that where the Default Notice is not as laid down in the regulations it is invalid and that termination or further enforcement action cannot take place until such time as a valid notice is served.

 

22) In the case of Woodchester v Swayne & Co [1998] EWCA Civ 1209 in the Court of Appeal, the court addressed in some detail the issue of the contents of a default notice and should the notice fail to comply with the Consumer Credit (Enforcement, Default and Termination Notices) Regulations 1983 (SI 1983/1561) it would render the default notice invalid. I quote the comments of Kennedy LJ:

 

"This statute was plainly enacted to protect consumers, most of whom are likely to be individuals. When contracting with a large financial organisation they are at a disadvantage… If the hirer is said to have broken its terms, the hirer needs to know precisely what he or she is said to have done wrong and what he or she needs to do to put matters right. The lender has the ability and the resources to give that information with precision. If he does not do so accurately then he cannot take…"the next step" “

 

“That, as it seems to me, is the scheme of the legislation. It would be frustrated if the notice could claim that in order to put matters right the hirer must pay a sum far in excess of the amount in fact owing and yet constitute a valid notice. … he may not at first appreciate that the large sum set out in the notice is inaccurately calculated and plain wrong. It may be, perhaps because of earlier defaults on his part or the incidence of interest, not at all easy to calculate what in fact is owing and the hirer may, thus, be misled into believing that the sum set out in the notice is right.”

 

23) As a result, I submit that, unless the Default Notice is accurate with regard to the amount that was lawfully owing to the Claimant, then it is not valid and that termination or further enforcement action cannot be taken until such time as a valid notice is served.

 

Conclusion

24) The claimant has failed to supply any supporting documents with the claim form and has ignored my request for information under the CPR.

25) Furthermore, without full disclosure I am unable to prepare a defence to the documents which the claimant will be seeking to rely upon, nor can I reasonably consider what case I have to answer.

 

26) In view of the matters pleaded above, I respectfully request that the court gives consideration to whether the claimant’s statement of case should be struck out as disclosing no reasonable grounds for bringing the claim, and/or that it fails to comply with CPR Part 16.

 

27) Alternatively, I respectfully request a stay in proceedings until such time as the claimant complies with the requests outlined in paragraph 11 above or until the court orders its compliance with the same. I will then be in a position to file a fully particularised defence and counterclaim and will seek the courts permission to amend my statement of case accordingly.

 

28) In addition it is drawn to the courts attention that schedule 3, s11 of the Consumer Credit Act 2006 prevents s15 repealing s127 (3) of the 1974 Act for agreements made before s15 came into effect since the agreement is alleged to have commenced in xx/xx/xxx the Consumer Credit Act 1974 is the relevant act in this case.

 

 

Statement of Truth

 

I, believe the above statement to be true and factual

 

 

Signed …………………

 

Name

Date

[nicklea]

 

Thanks for the above letter - I will whizz this off tomorrow. Do I have to send the £10 that one would normally send when doing an S.A.R - (Subject Access Request) request or is it not relevant at litgation stage?

 

no need for £10, just make sure that the letter says at the top of it something like Civil Procedure Rules Part 18 Request For Information

And something else please -

 

In the particulars of claim they have served me notice under the CCA act 1974. How much time or notice do they have to give? I got a letter dated 30th March on the 2nd April stating that if I did not respond with a suitable offer of repayment by 3rd April that further action would be taken. I responded straight away but court letter postmark is 7th April.

Are they allowed to move that quickly?!

 

That sounds very much like a letter before action rather than a default notice but without seeing it we can't tell.

 

Thanks for your support guys

 

..

[Grad98]

WOW - Paul is gooooooood. Was a superb holding defence.

 

OK - in my particular case, one of the accounts (the one of £2000.19) is a current account, much made up of charges. I notice in the holding defence there are several references to the non compliance of the CCA and how it becomes unenforceable. Is this also applicable to current accounts? If not - does anyone have additional suggested language I could use in the holding defence.

 

On an admin point - is the holding defence to go to the courts, the lawyers, or both?

 

Thanks for being so patient with me.

 

grad

[nicklea]

Not serving a default notice means it's unenforceable until they do so, regardless of what type of account.

 

They haven't stated in the POC that it's a current account, which they should have done so just for now (and this is just my opinion) don't say anything. To be honest your only real defence against the current account claim is to claim back penalty charges to offset the amount that you owe and/or to request that this part of it be stayed until the end of the OFT test case (which could be more than a year if it gets appealed). There's not a lot you can do against an overdraft.

 

Send the defence to the court address given on the form that you were sent. Probably best to do it recorded.

 

BUT, until you get all the documents from the bank, I would suggest that this

[Grad98]

Thanks - am just about to start preparing my holding defence this evening.

 

However, I must say that PT2537 sets out a holding defence better than i ever could. I didnt just want to copy and paste, but Paul - I hope you will be okay with me using the above defence as the basis of mine?

 

Its much appreciated for all your help everyone. I will post my holding defence as soon as i can for your review and comments

[nicklea]

I didnt just want to copy and paste, but Paul - I hope you will be okay with me using the above defence as the basis of mine?

 

Hi Grad,

 

When I said don't just cut & paste - sorry, I meant by all means use this as is (there's no copyright or anything) - this is why people post on here to help each other - but I adapted it from one of paul's defences and I may have left something out that is relevant to your case or I may have put something in that doesn't apply. I just meant to say, check it first to make sure that it all does apply and that there's nothing else that's missing before you cut and paste it

 

regards

 

nicklea

[Grad98]

Thanks Nicklea - I do appreicate yours and everyone elses input... I just thought as Paul drafted it, it would be polite to ask to use it!

 

Well, I'll get my holding defence off by recorded delivery and keep you all updated as to any developments!!

 

Enjoy the upcoming bank hols one and all!!!

[Grad98]

Still no response fron Natwest/shakesperare putsman on the CPR18, nor the holding defence.

 

HOWEVER, I have received a letter from Birmigham court giving Notice of transfer of proceedings to my local court, Notice that a defence has been filed (by me) and an ALLOCATION QUESTIONNAIRE for me to fill out and return to the courts by the 23rd May. Is this the usual process in situations such as this?

 

Is anyone familiar with completing an Allocation Questionnaire? It looks quite formidable and I would be grateful for some assistance in completing the AQ please!!

[Rahl]

There is a few threads here you could look at till help arrives :

 

http://www.consumeractiongroup.co.uk/forum/legal-issues/131499-directions-n150-n149-allocation.html

 

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/11644-allocation-questionnaires-guide-completion.html

 

http://www.consumeractiongroup.co.uk/forum/general/53570-new-strategy-allocation-questionnaires-3.html

[Grad98]

Thanks - those threads were helpful especially when it came to proposed directions and section H of the N150 (any other information).

 

I still have some questions though

 

Section C - Pre action Protocols... am not sure what I am supposed to be putting. The claimant never responded to my CPR request. do preaction protocols apply or not? If so, which ones

 

Track - the amount being claimed from me is approx £29k... what track do i indicate I should be on

 

Costs - I assume I dont put anything down?

 

Under section H - do you intend to make any applications in the future - what do I put down please?

 

Thanks for any direction you can provide

[lotuselite]

Hi

I wondered if you could let me know how you are doing with your claim? We are going down the same route as you although we are slightly behind you by about three weeks!! Timescales for the letter before action were the same and off to court faster than you could say court action!

[Grad98]

Hi there - well, am currently playing a waiting game now following my request for a CCA, then the CPR18, then a holding defence, Natwest have not responded with any documentation. Now I have filled out the allocation quesionnaire and am hoping that the court will strike the case out based on non production of the documents requested (CCA, Default notice etc).

Best of luck with your case and let me know if I can be of any help!

[Grad98]

Hello all,

 

Ok - am going to need a bit of help please. Following my completed allocation questionnaire which was due to be submitted by the 23rd May, there have been a few developments.

 

Shakespeare Putsman (NatWest solicitors) obviously did not meet this deadline so the courts wrote to them advising that if they don't respond by 6th June the case would be struck out.

 

Lo and behold they submitted their allocation questionnaire and draft directions on the 4th June. Now, I couldn't make head or tails of the draft directions and what I need to do next. I will do a separate post (as the document is not with me now) on what their draft directions are. The one thing I did want to raise/ask... is that they requested that they have more time to file a reply by 27th June.

 

Following this, I received a letter from the courts advising that they have extended the deadline to the 27th June for the claimant to file a reply.

 

I was however shocked at the reason why. Shakeseare Putsman (SP)claimed to the courts (of which I was sent a copy), that following the holding defence I had filed, when the court sent a copy of this to SP, several pages were missing so they cannot file a complete response as they must see my full defence to address the legal issues I have raised.

 

They are lying blatently as I had seperately sent them a copy of my holding defence as a matter of courtesy. So even if they claim the court copy they received had a page missing - they would have received a full copy from me. (unfortunatly, not sent by recorded delivery as it seemed from reading the court guidance notes I had no obligation to send it to SP). It seems like a stalling tactic to me so the case will not be thrown out and give them time to prepare an attacking defence against me.

 

As I said before I will post the exact details of their draft directions and further correspondence.... so I can be advised on what next steps to take.

 

But in the mean time, do I write to the courts to advise them that SP would have received a copy of my holding defence. Furthermore they still have not provided the documents requested in my CPR request and holding defence request?

 

Any advice please will be most welcome

 

Thanks

[Grad98]

Bump

[Grad98]

I mentioned previously that I would post the draft directions that were sent to me by Shakespeare Putsman (along with a copy of their allocation questionnaire).

I have no idea if I should be responding to this, and if so how. These are them anyhow:

 

DRAFT DIRECTIONS

1. The claim be allocated to the multi track.

2. The claimant has permission to file a reply if so advised by 4.00 pm on 27 June.

3. Each party shall give to the other the standard disclosure of documents by serving copies with a Disclosure Statement no later than 4.00 pm on 18 July 2008

4. Each Party shall serve on the other Witness Statements of all witness of fact on whose evidence they intend to rely. There shall be a simultaneous exchange of such statements no later than 4.00 pm on 15 August 2008.

5. No expert evidence being necessary, no party has permission to call or rely on expert evidence.

6. The matter be listed for Pre-Trial Review on the first open date after 29 August 2008 with a time estimate of 15 minutes

Following this, I received a letter from the Courts giving the Claimant an extention to 27th June to file a defence. Attached to this was SP's completed N244 form which stated:

 

(1) We Shakespeare Putsman on behalf of the Claimant

(2) Intend to apply for an order that The Claimant’s time for filing and serving a Reply to the Defence be extended to 4.00 pm on 27 June 2008.

(3) Because the copy of the Defence provided to the Claimant by Birmingham County Court is incomplete and the Claimant requires sight of the complete document in order to prepare a reply.

Evidence in Part C in support of my application…

PART C

We wish to rely on the following evidence in support of this application:

• The defendant filed a defence on 2 May 2008 by way of a form N9B together with a separate attached document entitled “Defence”.
  

• The Birmingham County Court office sent to the Claimants solicitors a copy of the document but only three pages out of an unknown number were copied. The narrative at the end of the third page of the attached document suggests that the document continues onto a further page or pages and there is no apparent conclusion to that attached document.
  

• The Defence raises a number of issues of law and fact and the Claimant wishes to file a fully pledged Reply for the assistance of both the Defendant and the Court. The Claimant’s solicitors have requested a full copy of the document and therefore require an extension of time for filing and service of a Reply. Provided the full copy of the document is received relatively promptly the Claimant’s solicitors anticipate being able to file and serve the reply on or before 27 June 2008.
  

As mentioned before - I had sent them a copy of my holding defence as a matter of courtesy so for them to say they have not received the full document is time wasting tactics.

Could anyone PLEASE advise me on what next steps to take. Am very worried because in addition to the claimed amount of over £29k + interest, they are also state in the allocation questionnaire their costs are likely to be about £5k. I am at a complete loss at what to do next.

Thanks for taking the time and trouble to read!!