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#Post#: 67719--------------------------------------------------
Re: Court form received requesting financial details
By: CRAGINK Date: April 19, 2025, 6:49 am
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Should I contact Moorside Legal and the courts to see where
things are at?
#Post#: 67725--------------------------------------------------
Re: Court form received requesting financial details
By: JustLoveCars Date: April 19, 2025, 7:42 am
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[quote author=CRAGINK link=topic=5997.msg67719#msg67719
date=1745063364]
Should I contact Moorside Legal and the courts to see where
things are at?
[/quote]Given they'll all be closed until Tuesday try using a
free credit checker to see if you do have a CCJ registered...
#Post#: 67741--------------------------------------------------
Re: Court form received requesting financial details
By: b789 Date: April 19, 2025, 10:37 am
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[quote author=CRAGINK link=topic=5997.msg67706#msg67706
date=1745058121]
If I do have one, how do I get it removed?
[/quote]
If you have a CCJ that has been issued by default because you
followed bonkers advice from a bunch of whackos, then you
probably can't.You could try and sue the nutters that have now
screwed you for the next 6 years of financial hell, but I doubt
that is going to get you much satisfaction.
If a claim hasn't been issued yet, then anything issued by the
utter incompetents at Moorside Legal is very easily defended and
won.
#Post#: 67766--------------------------------------------------
Re: Court form received requesting financial details
By: DWMB2 Date: April 19, 2025, 12:37 pm
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[quote]You could try and sue the nutters[/quote]
Not if they're operating under admiralty law ::)
(OP, I'm not criticising you, I'm criticising the fools who
offered you the previous shoddy advice)
For now, check your credit file to see where you're up to.
#Post#: 67879--------------------------------------------------
Re: Court form received requesting financial details
By: CRAGINK Date: April 21, 2025, 4:31 am
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Hi
Sorry its taken so long to reply.
It's been a total nightmare registering with Experian (long
story) but now registered with Checkmyfile and it looks like I
don't have a CCJ yet. Credit score is still good.
What should I do now?
Hey, thanks for all your help. I appreciate its the bank holiday
weekend.
#Post#: 67882--------------------------------------------------
Re: Court form received requesting financial details
By: b789 Date: April 21, 2025, 5:08 am
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As you never even opened the Claim, you do not have access to
MCOL to do it online today. This is a SNAFU that could go FUBAR
very easily.
Without seeing the actual PoC, it is difficult to advise
precisely. However, as you have very limited time to get this
done and do't have access to MCOL, the only way you can do
anything is to email your defence to the CNBC today. It won't
even be dealt with until some time eon Tuesday, if you're lucky,
and you have to hope that Moorside Legal don't request a default
CCJ before the defence is entered into the system.
As it is the incompetents at Moorside Legal that have filed the
claim, I am fairly confident that they will not have complied
with CPR 16.4(1)(a) so you need to follow these instructions:
Here is the defence and link to the draft order and relevant
transcripts that go with it. You only need to edit your name and
the claim number. You sign the defence by typing your full name
for the signature and date it. There is nothing to edit in the
draft order.
When you're ready you send all the documents as a single PDF
attachment (in the order of 'defence', 'draft order' and then
the 2 'transcripts') in an email to
claimresponses.cnbc@justice.gov.uk and CC in yourself. The claim
number must be in the email subject field and in the body of the
email just put: "Please find attached the defence and draft
order in the matter of Carflow Ltd v [your full name] Claim no.:
[claim number]."
[quote]
[center]IN THE COUNTY COURT[/center]
[right]Claim No: [Claim Number][/right]
[center]BETWEEN:
Carflow Ltd
Claimant
- and -
[Defendant's Full Name]

Defendant
[hr]
DEFENCE[/center]
1. The Defendant denies the claim in its entirety. The Defendant
asserts that there is no liability to the Claimant and that no
debt is owed. The claim is without merit and does not adequately
disclose any comprehensible cause of action.
2. There is a lack of precise detail in the Particulars of Claim
(PoC) in respect of the factual and legal allegations made
against the Defendant such that the PoC do not comply with CPR
16.4(1)(a).
3. The Defendant is unable to plead properly to the PoC because:
[indent](a) The contract referred to is not detailed or attached
to the PoC in accordance with CPR PD 16(7.5);
(b) The PoC do not state the exact wording of the clause (or
clauses) of the terms and conditions of the contract (or
contracts) which is/are relied on;
(c) The PoC do not adequately set out the reason (or reasons)
why the claimant asserts the defendant has breached the contract
(or contracts)
(d) The PoC do not state with sufficient particularity
exactly where the breach occurred, the exact time when the
breach occurred and how long it is alleged that the vehicle was
parked before the parking charge was allegedly incurred;
(e) The PoC do not state precisely how the sum claimed is
calculated, including the basis for any statutory interest,
damages, or other charges;
(f) The PoC do not state what proportion of the claim is the
parking charge and what proportion is damages;
(g) The PoC do not provide clarity on whether the Defendant is
sued as the driver or the keeper of the vehicle, as the claimant
cannot plead alternative causes of action without
specificity.[/indent]
4. The Defendant cites the cases of CEL v Chan 2023 [E7GM9W44]
and CPMS v Akande 2024 [K0DP5J30], which are persuasive
appellate decisions. In these cases, claims were struck out due
to identical failures to comply with CPR 16.4(1)(a). Transcripts
of these decisions are attached to this Defence.
5. The Defendant attaches to this defence a copy of a draft
order approved by a district judge at another court. The court
struck out the claim of its own initiative after determining
that the Particulars of Claim failed to comply with CPR
16.4.(1)(a). The judge noted that the claimant had failed to:
[indent](i) Set out the exact wording of the clause (or clauses)
of the terms and conditions relied upon;
(ii) Failed to explain the reasons why the defendant was
allegedly in breach of contract;
(iii) Provide separate, detailed Particulars of Claim as
permitted under CPR PD 7C.5.2(2).
(iv) The court further observed that, given the modest sum
claimed, requiring further case management steps would be
disproportionate and contrary to the overriding objective.
Accordingly, the judge struck out the claim outright rather than
permitting an amendment.[/indent]
6. The Defendant submits that the same reasoning applies in this
case and invites the court to adopt a similar approach by
striking out the claim for the Claimant’s failure to comply with
CPR 16.4(1)(a).
Statement of truth
I believe that the facts stated in this Defence are true. I
understand that proceedings for contempt of court may be brought
against anyone who makes, or causes to be made, a false
statement in a document verified by a statement of truth without
an honest belief in its truth.
Signed:
Date:[/quote]
Draft Order for the defence
HTML https://www.dropbox.com/scl/fi/zc23txk7poctyyxiv2ytx/Strikeout-order-1-a-v2.1.pdf?rlkey=pancly3z6zwqt2cra5rvvh3ls&st=nq7a58tz&dl=0
CEL v Chan Transcript
HTML https://www.dropbox.com/scl/fi/nb9ypbecuurpmln00dily/CELvChan-appeal-transcript.pdf?rlkey=7mpuvpmpe45s2zbhch21om1ez&st=i8dnbod3&dl=0
CPMS v Akande Transcript
HTML https://www.dropbox.com/scl/fi/y631olc61z1slr6xfrdsk/CPM-v-AKANDE.pdf?rlkey=kltpojedcxiwarxr0sdfyjo05&st=qi4lv3fv&dl=0
If you want an editable MS Word file with everything in a single
document which you can then save/export as a single PDF file
when ready to send, use this:
MS Word .docx file for defence [CPR 16.4(1)(a)]
HTML https://www.dropbox.com/scl/fi/krubcbnf27bsis66pq4yg/Short-defence-strikeout-CPR16.4-1-a-3.docx?rlkey=z87f3h8is3hgnp7sqr8plsz99&st=ldawlubu&dl=0
#Post#: 67886--------------------------------------------------
Re: Court form received requesting financial details
By: CRAGINK Date: April 21, 2025, 5:31 am
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OK thank you for that!
I don't have a claim number. Should I call the court tomorrow?
How do I find which court the claim is lodged in?
#Post#: 67888--------------------------------------------------
Re: Court form received requesting financial details
By: b789 Date: April 21, 2025, 5:49 am
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If you've not responded, then it is still with the CNBC. Call
them as early as possible on 0300 123 1056.
Ask to speak to someone about a claim issued against you where
you do not have the claim number. Be prepared to provide:
[indent]• Your full name
• Your full current address
• Possibly your date of birth (to help distinguish you from
others with the same name)[/indent]
They will not give details unless they can identify you
confidently.
However, you must understand that by not having the claim number
you are now delaying getting your defence registered for another
day. I cannot stress how badly you've been advised by these
nutcases and you are now at very serious risk of getting a CCJ
by default!
#Post#: 67889--------------------------------------------------
Re: Court form received requesting financial details
By: CRAGINK Date: April 21, 2025, 6:16 am
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I'll do it first thing tomorrow. Thank you so much!
#Post#: 67891--------------------------------------------------
Re: Court form received requesting financial details
By: DWMB2 Date: April 21, 2025, 6:36 am
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Be prepared for a fair wait on the phone. Call as soon as they
open.
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