Phase 1: CCJ Removed. Phase 2: Claim Discontinued. Phase 3: Costs.

KeithP

Harvez63 said:

@1505grandad have I done something wrong? I'm completely lost in that part to be honest

The point of @1505grandad's post is...
why are you quoting from the IPC's Annual Report when the Claimant, being a member of the BPA's Approved Operator Scheme, is nothing to do with the IPC? 

Coupon-mad

You can remove paragraph 30.

Para 28 is OK and is from the Template Defence.  The IAS 96% 'appellant loss rate' is just to show a Judge how crap both self-serving appeals services are; it isn't saying the Claimant is an IPC AOS member.  It is just to illustrate the point.

Harvez63

Here we go, got to submit this tomorrow but sounds like its ready to go?

** Defence removed for clarity, see latest post **   

Harvez63

** Defence removed for clarity, see latest post **    

Harvez63

This gets .PDF then sent to hearings.southampton.countycourt@justice.gov.uk, right?

Coupon-mad

And copying in the solicitor for the Claimant (you are required to 'file and serve').

I'd remove paragraph 10 which isn't really relevant in your case.

And if you have any holiday booked or a family or work occasion that makes you unavailable on any days or whole weeks (for the rest of this calendar year) I would put that in the body of the email, to tell the Court to avoid the following dates for the hearing (and explain briefly why).

Harvez63

Thank you @Coupon-mad, see below amended 

** Defence removed for clarity, see latest post **    

Harvez63

 

** Defence removed for clarity, see latest post **    

Coupon-mad

Yep - except a random '0' here:

9.    The facts in this defence come from the Defendant's own knowledge and honest belief.  To pre-empt the usual template responses from this serial litigator: the0 court process 

GeorgeFormby

Point 7 seems like a jumble. I have tried to improve it but not sure I've succeeded. It possibly needs better wording still:-

7.   The Claimant's conduct has been wholly unreasonable throughout this process and caused sleepless nights and illness from the stress this has caused. From increasing the costs aggressively and unfairly at the start, to threatening bailiffs and CCJs. The Claimant sought and obtained a default CCJ against the Defendant on April 2022,  for which they eventually signed a consent order to set aside the day before the court hearing (one year later) and admitted that they improperly served the claim. This despite the Defendant notifying them of their mistake months before signing the consent order, to which The Claimant denied.  Not only this, The Claimant has failed to meet the court mandated timescales since, for both reserving this claim, and paying the costs ordered. The Claimant has acted with a complete disregard to everyone. 

Point 33. What does the white book state?