help with court papers and actions

spacey2012

If you do not file a defence on time, they will obtain a CCJ, you are handling this wrong.
Once they have filed a CCJ application it remains on schedule.
If they have refused to send any proof, or letter before claim surrounding and explaining why they think you owe money, you can make what is known as a frustrated defence.

You file you are unable to formulate a correct defence because the Plaintiff is refusing all communication, has not sent any pre-court protocol letters including a letter before action and when you have contacted them via phone they have attempted to delay you by making false promises to provide information which you require to make a defence.

Therefore you submit a defence of frustration born out of the plaintiffs absolute refusal to outline the case or to offer any proof of claim, any breakdown of how the bill is made.
Request that the Judge strikes out the claim and orders the Plaintiff to follow pre-court protocols in any other action they may decide bring.

Apologise to the court for the frustrated defence in your statement but re-enforce that this is due to matters outside your control as the plaintiff appears to deliberately avoiding providing any information and this is evident by the lack of service of any Letter Before County court claim.

File this ASAP and request a hearing in your local county court.

abbiesmom

spacey2012 wrote: »

If you do not file a defence on time, they will obtain a CCJ, you are handling this wrong.
Once they have filed a CCJ application it remains on schedule.
If they have refused to send any proof, or letter before action surrounding and explaining why they think you owe money, you can make what is known as a frustrated defence.
You file you are unable to formulate a correct defence because the Plaintiff is refusing all communication, has not sent any pre-court protocol letters including a letter before action and when you have contacted them via phone they have attempted to delay you by making false promises to provide information which you require to make a defence.
Therefore you submit a defence of frustration born out of the plaintiffs absolute refusal to outline the case or to offer any proof of claim, any breakdown of how the bill is made.
Request that the Judge strikes out the claim and orders the Plaintiff to follow pre-court protocols in any other action they may decide bring.
Aplogise to the court for the frustrated defence in your statement but re-enforce that this is due to matters outside your control as the plaintiff appears to deliberately avoiding providing any information and this is evident by the lack of service of any Letter Before County court claim.

Thanks - when do I do this? Now or when it gets set a court date? If now how and to Northampton or local court?

Sorry for all the questions I really don't know what I'm doing here - my ex always controlled the money and I'm just starting to handle everything and thought I was going well until this CCJ Scare

spacey2012

It will be transferred to your local county court.
You follow the instruction on the Northampton court website and request a hearing.
If this CCJ application is live, then you must now deal with the court and via the court with the plaintiff as a defendant.
The fact they have sent no Letter before claim will not go down very well, as a solicitor should know the procedures, the Judge is likely to throw the case out if you make a big point of this.
Even if they win, you can make an offer of payment to the court based on circumstances, so have these ready on the day, outgoings, etc just in case it goes against.

They are certainly hoping you run the clock out here and the judge will pick up on that.

One question, do you have any household insurance with legal cover ?

abbiesmom

I have contents insurance with legal cover - but didn't back in 2010 when I got divorced if that makes a difference

spacey2012

Well worth giving them a call, they may provide you a solicitor to help with this case.

abbiesmom

No luck with the contents insurance route but thanks for the suggestion. Had a letter today from the local court stating that the case has been allocated to the small claims track - what does this mean?

It gives me a date for a preliminary hearing and has been allocated to this track so the claimant can attend by telephone conference and says any relevant documents can/should be filed and served beforehand.

What do I do now? Do I just wait for the hearing date?