reply to Court hearing

[johnnyboy44]

Hi all

 

I have had a hearing for a debt that i have disputed and asked to be set aside in which Wescot couldn't provide any information other than my name and a previous address for a dept of £14000.

 

 

The Judge twice told them that "any other Judge would have thrown this claim out" but he did allow them time to provide adequate details as there were no account numbers or proof of signatures etc.

 

 

Wescot was given until 5th Jan 2012 to file amended particulars of claim to properly plead its cause of action.

I had been given until 26th of Jan 2012 to file and serve a fully pleaded defence.

 

I have been to the Court on the 19th as i had not received any correspondence.

I was informed that Wescot had not filed any paperwork at all before, on, or after the 5th.

 

 

The clerk told me to write to the Court and ask for judgement.

 

 

But doesn't this mean that i have nothing to pay now?

 

 

and how should i word my plea?

 

advice would be greatly appreciated

 

regards

 

JB

[BRIGADIER2JCS]

Hi it means the claim will be struck out,

so that the creditor would have to reapply

with a new claim.

A judge can make an order disallowing

any further action,

[BankFodder]

Not quite sure where you are on this.

 

A claim has been issued against you for £14k

You have asked for a setaside? This suggests that they obtained a judgment against you. Is this correct?

[johnnyboy44]

they did but they only got it buy sending it to an address i lived at over 6yrs before so i when it appeared on my credit file i asked for it to be set aside and went to court which is where the first thread starts.

 

regards

 

JB

[johnnyboy44]

Hi but is there any particular way of stating it without having to spend cash on lawyer? I was going to send something like

 

As I have stated that i have no knowledge of this and that the claimant has failed to submit evidence to the court within the declared date. the defendant therefore asks the court for judgement in the defendants favor and that the matter is struck out.

 

just want this over and done with - so many sleepless nights

 

regards

 

JB

[BankFodder]

I don't know why you think that you need a lawyer. Haven't you read around the forum about setaside? It is straightforward. You will have to pay a fee for the application - about £75.

 

You will need to visit the court services website and download a form N244

 

Most of it will be straightforward.

 

In the part which says what are you asking for you put "That the judgment granted on the XXXDATEXXX be setaside and that the defendant be given leave to defend the claim.

 

In the part which wants further info - you put

 

 

1. The defendant had no knowledge of the claim because the papers were served at an incorrect address
   
2. The defendant has a good chance of defending the claim as I deny the sum claimed in full. The claim was not properly pleaded as it contained no details of the alleged debt including no details dates, account numbers or any other evidence that a debt existed.
   
3. The claimant has already been ordered to furnish evidence of the debt by 5th January 2012 but has not complied with the order of the court.
   

 

 

I'm going to say that I think that you are completely confused. I have the feeling that there is no judgment, that you put in a defence, that there was an initial hearing and that the judge made the orders you refered to above and that what you actually want now is the claim to be struck out.

 

 

If that is the case, get a form N244

 

 

In the part which say what do you want, you put

 

 

That the claim be struck out pursuant to the judge's order of the XXXDATEXXX

 

 

where it says more info:-

The claimant has not provided any evidence in support of his claim and has failed to identify any alleged debt at all.

Furthermore, on XXXDATEXXX the court ordered to the claimant to file and amended particulars of claim and they have not complied with the order of the court.

As I have no knowledge of the claim I am unable to file the amended defence ordered by the court.

I respectfully request to strike out the claimant's claim.

[johnnyboy44]

Hi

 

Many thanks

I have submitted an N244,

had a hearing as stated above and then received an N24 which Wescot have failed to send amended particulars as stated.

 

 

I now need to word a letter and have no legal traing and do not know what format to send it in or what to say other than plain English I know nothing of the debt please close case in my favour.

 

 

I will use the wording that you put at the end many thanks

 

best regards

 

JB

[BankFodder]

Don't worry about the wording. Just write it in your own words - truthfully. Use the points that I have made if they suit your position but you can express them in your own words.

[johnnyboy44]

Hi Sorry

 

do I post or hand deliver?

 

JB

[BankFodder]

Hand is best. Take two copies. Get one receipted by the court. The courts are very nice but very inefficient

[johnnyboy44]

Ah ok I have sent it recorded delivery I have a couple of days i can also go in with another

 

JB

[BankFodder]

Then call the court on Wednesday/Thursday and check that they have received it. Then follow up with polite phone calls at 7 day intervals to see what stage it is at. Keep it very calm and polite. You need the court staff on your side

[johnnyboy44]

ok thanks i will

[johnnyboy44]

Just to let you know that i won

 

many thanks

 

JB

[BankFodder]

Just to let you know that i won

 

many thanks

 

JB

Well done. Can you give more detail as to what happened please.

[johnnyboy44]

The company (Wescott) wrote to myself and the court and dropped the case as they couldn't provide an agreement number or documents to validate their claim.

 

 

it would be a very important thing to look at all details of any claim against you as i actually overlooked the fact that they had no account number for the debt

 

regards

 

John