Get Out Of Debt
Important Message : the content in these forums is user generated and archived here for the benefit of the community. Please make your own decisions on the validity of any information on these boards, as with all forums and life itself there's good advice and bad advice. If you have issues with debt then please contact us via any of the links on this site.

Please shed some light to file a "Defence"

Please shed some light to file a "Defence"

Postby setmefree21 » Wed Mar 04, 2015 8:01 am

Hi all,

Sorry if you see my name pop up in a few threads.....I am here now because I am drafting a "Defense" to a "Statement of Claim" filed to the NSW Local Court by DCA

Edited - to include their claims so you guys know what I am talking about

1. The plaintiff is bla bla
2. The defendant is a natural person (of course) :D
3. On about quote "date".2011 the defendant entered into a credit card agreement, account number "quoted" ("the contract") with GE Capital Finance
4. on or about quoted 2013 "date" the defendant owed GE Cap Fin $xxxx under the contract ("the debt")
5. Since the assignment of the debt from GE Cap Fin to the plaintiff on "date quoted, the defendant has made $0.00 in payment
6. On date quoted 2013 GE Cap Fin assigned Credit corp it beneficial rights, tittle, and interest to the debt and it rights against the defendant under the contract
7. on date quoted 2013 the plaintiff sent the defendant written notice of assignment of the debt
8. the defendant has wrongfully failed and refused to pay the plaintiff the amount due which is still due and owing to the plaintiff
9. The plaintiff claims against the defendant interest pursuant to the contract from 2013 to the date of the entry of judgement at the rate of 29.49%
10. The plaintiff claims against the defendant costs


below are my Pleading and Particulars

1 The defendant admits the allegations in paragraph 1 & 2 of the statements of claim
2 The defendant does not admit the allegations in paragraph 3, 4,5,6,7, and 8 of the statement of claim. The defendant has made reasonable inquiries and is uncertain whether the allegations made against them are true.
3 The plaintiff failed to provide a) a true and certified copies Deed of Assignment and Deed of Novation; b) the name of the individual who is the duly authorised representative who has seen the Original Note and is certifying these assignments as certified copies
4 The defendant denies the allegations in paragraph 9 & 10. The total claimed by the plaintiff is not outstanding as the plaintiff did not provided sufficient evidence
5 If, as the plaintiff asserts, they are not the lawfully owner of the Disputed (“the debt”, which is not admitted but denied, the defendants plead that the plaintiff is estopped from now asserting such claim for ownership.
6 The defendants therefore submit that this action should be dismissed as against them, with costs.

Let me know if these are alright.
Last edited by setmefree21 on Wed Mar 25, 2015 11:21 am, edited 2 times in total.
setmefree21
Bronze Member
Bronze Member
 
Posts: 59
Joined: Mon Nov 24, 2014 9:31 am

Re: Please shed some light to file a "Defense"

Postby mareo » Wed Mar 04, 2015 8:36 am

setmefree21 wrote:Hi all,

Sorry if you see my name pop up in a few threads.....I am here now because I am drafting a "Defense" to a "Statement of Claim" filed to the NSW Local Court by DCA

below are my Pleading and Particulars

1 The defendant admits the allegations in paragraph 1 & 2 of the statements of claim
2 The defendant does not admit the allegations in paragraph 3, 4,5,6,7, and 8 of the statement of claim. The defendant has made reasonable inquiries and is uncertain as to whether the allegations made against them are true.
3 The plaintiff failed to provide a) a true and certified copies Deed of Assignment and Deed of Novation; b) the name of the individual who is the duly authorised representative who has seen the Original Note and is certifying these assignments as certified copies
4 The defendant denies the allegations in paragraph 9 & 10. The total claimed by the plaintiff is not outstanding as the plaintiff has failed to provided sufficient evidence
5 If, as the plaintiff asserts, they are not the lawfully owner of the Disputed (“the debt”, which is not admitted but denied, the defendants plead that the plaintiff is estopped from now asserting such claim for ownership.
6 The defendants therefore submit that this action should be dismissed as against them, with costs.

Let me know if these are alright.


looks good to go
Image
Image


Simplicity in Action(s)
User avatar
mareo
Platinum Member
Platinum Member
 
Posts: 10523
Joined: Wed Mar 23, 2011 1:00 am
Location: On Prison Earth With You

Re: Please shed some light to file a "Defense"

Postby stoneybroke » Wed Mar 04, 2015 8:52 am

:D :D :D 8-)
stoneybroke
Platinum Member
Platinum Member
 
Posts: 3698
Joined: Sat Jul 30, 2011 12:00 pm
Location: australia

Re: Please shed some light to file a "Defense"

Postby setmefree21 » Wed Mar 04, 2015 9:15 am

:D :idea: thanks guys

I am pretty confident, however worse case scenario, i am willing to pay $5/week :P
setmefree21
Bronze Member
Bronze Member
 
Posts: 59
Joined: Mon Nov 24, 2014 9:31 am

Re: Please shed some light to file a "Defense"

Postby setmefree21 » Tue Mar 10, 2015 6:06 am

Update:

Sent off Estopel to the DCA
Sent off letter to the acting solicitor requesting for such evidence to be available at hearing

Today, I've received a letter from DC Dispute Reso Officer regarding my 3rd letter today ( attached).

Any thoughts????
setmefree21
Bronze Member
Bronze Member
 
Posts: 59
Joined: Mon Nov 24, 2014 9:31 am

Re: Please shed some light to file a "Defense"

Postby stoneybroke » Tue Mar 10, 2015 6:20 am

its a standard template response
u should tell them if they send anymore nonsical template letters without the documents you will not have further contact :lol:
stoneybroke
Platinum Member
Platinum Member
 
Posts: 3698
Joined: Sat Jul 30, 2011 12:00 pm
Location: australia

Re: Please shed some light to file a "Defense"

Postby setmefree21 » Tue Mar 10, 2015 6:36 am

i was laughing too...

going to send them my first invoice
setmefree21
Bronze Member
Bronze Member
 
Posts: 59
Joined: Mon Nov 24, 2014 9:31 am

Re: Please shed some light to file a "Defense"

Postby stoneybroke » Tue Mar 10, 2015 7:54 am

set up ya phone so when they ring u it says this is automated template reply
RETURN TO SENDER
SENDER UNKOWN
stoneybroke
Platinum Member
Platinum Member
 
Posts: 3698
Joined: Sat Jul 30, 2011 12:00 pm
Location: australia

Re: Please shed some light to file a "Defense"

Postby setmefree21 » Mon Mar 16, 2015 6:51 am

A quick update - no news from any of them

Going into Court and submit my Defence on Thursday
setmefree21
Bronze Member
Bronze Member
 
Posts: 59
Joined: Mon Nov 24, 2014 9:31 am

Re: Please shed some light to file a "Defense"

Postby setmefree21 » Mon Mar 23, 2015 9:17 am

Update

Submitted the Defence...now we wait. Quite nervous :| :| :|
setmefree21
Bronze Member
Bronze Member
 
Posts: 59
Joined: Mon Nov 24, 2014 9:31 am

Next

Return to County Court

Who is online

Users browsing this forum: No registered users and 3 guests