what is an estoppal?

daveiron wrote:There has been no refusal,therefor no controvsey for a court to make judgment upon.

I have used many times in my situation - ask for the proof of Justicable Controversy, where there is none, there is no proof of debt.

Thanks LS for the correct terminology.
Noted for future reference.

The claim is over 12K and under 15K they have added court costs to it now obviously. so the second claim was the same claimant same amount, but second claim had costs added to it. does that answer your question?

The written court order is 'defendant to file a defence" by such a date. Costs in this case were reserved.

Do I just write it in a word document?

LionsShare wrote:

daveiron wrote:There has been no refusal,therefor no controvsey for a court to make judgment upon.

I have used many times in my situation - ask for the proof of Justicable Controversy, where there is none, there is no proof of debt.

noted, thank you

Am i on the right track, with something like this? I would send a word document and atttachments of documents i refer to

1. A Letter of Claim from XXXXXX was received XX XXXX 2020 stating that the alleged debt originates from an "agreement dated XXXXXX" and "This agreement was subsequently terminated" and "our client later purchased this account".

Defence: if the original agreement was terminated and someone purchased the account it is no longer any of my business.

2. Three Letters were sent to XXXXXXX dated XXXX, XXX, XXXXX xxx 2020 requiring "verification of the claim, including a lawful contract, a hand signed invoice", "and proof of agency", " so that i may settle any financial obligation"

Defence: no proof or satisfactory documentation was provided.

3. After the claimant persisted with further correspondence asserting a claim, i sent a Notice of Conditional Acceptance to the Claimant stating "i will settle any lawful obligation you believe i have upon proof of a valid claim" including 10 specific points requiring clarification. see attached document, proof of postage can be supplied.

Defence: none of the 10 points were addressed or responded to

4. On XXXXX i sent Notice of Non Response and Opportunity to Cure in which i remind the claimant of the NoCA in which "i offered to settle any lawful obligation you believe i have to your corporation" and "you have failed to respond to that notice or to rebut point by point the contents therein" and "i give you ten days to respond" and "failure to respond in substance will provide your tacit consent that you cannot provide proof of claim to my satisfaction and that you agree you have no lawful claim, and, furthermore you will cease and desist from contacting me."
see attached word document, proof of postage can be supplied

5. on XXXXX 2021 i received an unsigned missive from Hoist Finance stating "all points raised in your previous correspondence were resolved" and "as your query was resolved please complete the financial statement enclosed along with your offer of payment".

Defence: Where were these points resolved?

i require proof of Justicable Controversy, where there is none, there is no proof of debt.

"HE WHO MAKES THE CLAIM HAS THE BURDEN OF PROOF" Maxim in Law

sharman wrote:The claim is over 12K and under 15K they have added court costs to it now obviously. so the second claim was the same claimant same amount, but second claim had costs added to it.  does that answer your question?

It does.  So I need to have a look for case law, you may be able ask for it to be struck out as abuse of process if the claim has already been heard and dismissed. You have the details of the previous claim do you, claim number and court, particulars of claim, and the order dismissing it? You don't need to post these here, but may need them to support this part of your defence.

You could call the court and ask how and in what format your defence should be submitted.  

There's a generic defence form N11, that gives an idea of the formalities expected, the statement of truth etc.
https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/962156/n11-eng.pdf
You could use that form but in the box header "I dispute this claim because .." write see attached defence statement dated xx/xx/xxxx.  In your defence statement give the claim number, so the two can be related.  If sending by email I'd suggest convert everything to PDF and you can stick separate documents together with an online tool like https://smallpdf.com/merge-pdf so there's only one attachment.

Don't rush anything, give time to refine your defence in line with comments from the members here.  But don't leave it too late either, it would be tragic to miss a deadline after pulling off the set aside.

sharman wrote:i require proof of Justicable Controversy, where there is none, there is no proof of debt.

"Justiciable"

flyingfish wrote: So I need to have a look for case law, you may be able ask for it to be struck out as abuse of process if the claim has already been heard and dismissed. .

I have not explained myself correctly, I had a previous claim Letter, I dealt with it in writing, it was not heard. apologies.

flyingfish wrote:
You could call the court and ask how and in what format your defence should be submitted.

Thank you so much for taking time to respond, i will use that form and work out how to do the pdf thing. that's very helpful, I appreciate you. on a side note, I tried calling the court recently and was 55 in the queue haha.

sharman wrote: I have not explained myself correctly, I had a previous claim Letter, I dealt with it in writing, it was not heard.  apologies.  

Not to worry.  I was just getting carried away, over excited by the idea of an abuse of process strike out.

had a brief read of this and think i get it !?

you had a previous letter before claim i think ? and you responded to that letter yes ? what did they do or provide in respect of your response ? anything ?

also can you provide the full name of the claimant as written on the claim form please, and do you have a copy of the claim form with their particulars of claim ?

I have prepared this simple letter for my defence:

Re: sssssssss) –v- Msssssssssssn
Claim No: ssssssssss


Defence Statement sssssssss 2022

i, master ssssss, a.k.a.ssssss of the family sssssssss, present for the fictional entity capitalised as SSSSSSSSS.  i speak, write and understand the english language only and do not comprehend legalese or the jargon used in legal proceedings. i reserve all rights and errors and omissions accepted.

Statement of Truth
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. I believe that the facts stated in this defence are true.

i, ssssssss, state that sssssssss representatives sssssss (sSs) have no first hand knowledge of this matter and their claim is fraudulent.

Briefly:
1. on ssssss sssss 2020 i received a Letter of Claim from the 3rd party interlopers ssssss sssssss Solicitors acting for sssssssss stating the alleged debt "originates from an agreement dated sssssss" and i quote "this agreement was subsequently terminated"

As far as i am concerned this is the end of the matter.  The original agreement was terminated.  The alleged debt was then purchased by ssssssss, which is none of my business.  


2. To make things perfectly clear to the claimant's representative in this fraudulent claim, i wrote 3 letters on ssssss 2020, sssssss 2020 and 1ssssssh 2020, stating i would settle any outstanding amount upon receipt of verification of claim such as a hand signed invoice or proof of agency. None were provided.


3. on ssssss0 i sent a CPR31 request for disclosure and inspection of documents. None were provided.  A letter from SSS, received sssss 2020 referenced the original Leter of Assignment between Barclays Bank and sssssss, which is none of my business, also including credit card statements from 20ss to 20sss insulting me by siting them as the documents i requested.


4. on ssssss 2020 i sent a Notice of Non-Response and Opportunity to Cure within 10 days or Cease and Desist to the 3rd party interlopers SSS   They ignored this document and proceeded to make a claim which resulted in a CCJ.  i was out of the country, i did not receive the claim letter, i believed the matter to be closed.

This claim is fraudulent as there is no contract
"HE WHO MAKES THE CLAIM HAS THE BURDEN OF PROOF" maxim in law

4. i require proof of Justiciable Controversy

5. i have done my best to work with your system and remain in honour.  i have spent many hours attempting to clarify the matter with the fraudulent claimant and their representative.  i have been ignored and insulted. i have been threatened, trespassed upon and falsly put in default, this has damaged my status and caused harm as i have been forced to respond to this claim instead of getting on with my business.

I command the court to remove this judgment as it was fraudulently obtained. I move the court to dismiss this case, to restore my status and to recompense me if deemed acceptable.


signed
master ssss of the family ssssss

on the whole my only concern is having done some research myself I would change:
'i, master ssssss, a.k.a.ssssss of the family sssssssss, present for the fictional entity capitalised as SSSSSSSSS.', to:
I am joe bloggs a wo/man doing business as MR. MRS. MS. JOE BLOGGS.

others may have different statements.

sharman unless I'm mistaken 'master' is for boys up to the age of around 7, 7 years from birth to reclaim b' cert estate.

i'm using master to be known only as master of my sovereign being, this flesh and blood man/woman, on the land... this gives me a good feeling. it reminds me that they are public servants, and i am master of myself and answer to no one but the highest authority, in whose image i am made

OK

Hi guys, quick update.
The General Form of Judgment or Order I received after the Judgment was set aside stated
1) judgement dated xxxxx is hereby set aside
2) Defendant to file a Defence with the court and serve a copy at the Claimant's solicitor by xxx xx and
3) Costs reserved.

So I duely filed a defence in good time.  I have the royal mail certificate of postage and can confirm it arrived both at the court and at the solictors.

Next, almost a month later, I receive a second copy of the very same General Form of Judgment or Order but dated approximately a month later....

What am i to make of that?