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Moon phases


County Court - Filing Defence

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County Court - Filing Defence

Post by ShaneB on Sat Aug 26, 2017 1:10 pm

Hi,

Defending claim in county court - sent a request for:

1) CCA

2) CPR18

The claimant responded to CCA request - but only by email, not by post; is that admissible?

They haven't responded to CPR18 request. 14 day deadline will be on Monday.

The deadline for my defence is the 2nd September; I'm going to send special delivery on the 30th August; how would I go about wording my defence?

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Re: County Court - Filing Defence

Post by Tiggy on Sat Aug 26, 2017 2:16 pm

@ShaneB wrote:Hi,

Defending claim in county court - sent a request for:

1) CCA

2) CPR18

The claimant responded to CCA request - but only by email, not by post; is that admissible?

They haven't responded to CPR18 request. 14 day deadline will be on Monday.

The deadline for my defence is the 2nd September; I'm going to send special delivery on the 30th August; how would I go about wording my defence?

What's the original debt for and what's the approximate value ?

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Re: County Court - Filing Defence

Post by ShaneB on Mon Aug 28, 2017 10:43 am

Hi there, it was a payday loan for £485; the debt was then sold to the outfit who are chasing me.


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Re: County Court - Filing Defence

Post by ShaneB on Tue Aug 29, 2017 10:01 pm

Any advice on this? Need to get the letter sent tomorrow.

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Re: County Court - Filing Defence

Post by Tiggy on Tue Aug 29, 2017 10:34 pm

I'll post an example of a defence tomorrow for you, just been searching the old site for an example for you but it looks as though they've all been removed :-(

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Re: County Court - Filing Defence

Post by ShaneB on Tue Aug 29, 2017 10:36 pm

Cheers appreciate the help!

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Re: County Court - Filing Defence

Post by Tiggy on Wed Aug 30, 2017 11:22 am

@ShaneB wrote:Cheers appreciate the help!
this is an example defence for a loan / credit card.  If they've produced the agreement you'll have to amend accordingly.

You'll also have to go through the agreement with a find tooth comb to see if it's enforceable (ie has all the correct prescribed terms) and amend accordingly.  

Remember what you submit now is set in stone unless you apply to the Court to amend your statement of case.

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Re: County Court - Filing Defence

Post by joedalton on Wed Aug 30, 2017 11:58 am

Very useful attachment Tiggy, thank you.

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Re: County Court - Filing Defence

Post by ShaneB on Wed Aug 30, 2017 3:59 pm

Thanks for that - interesting read; the only documents (cca) they've sent me is via email; they haven't sent anything by post - can communications by email be discarded?

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Re: County Court - Filing Defence

Post by Tiggy on Wed Aug 30, 2017 4:12 pm

@ShaneB wrote:Thanks for that - interesting read; the only documents (cca) they've sent me is via email; they haven't sent anything by post - can communications by email be discarded?
No.

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Re: County Court - Filing Defence

Post by assassin on Thu Aug 31, 2017 2:11 am

One important point to make from the outset is that you only deal IN WRITING and nothing else.
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Re: County Court - Filing Defence

Post by ShaneB on Sat Sep 09, 2017 3:00 pm

Hi all,

Got a letter back from county court saying it's going to be referred to the small claims court - I've been given a questionnaire to fill out.

Can anyone provide any guidance on how best to fill it out? It needs to be sent by the 18th September.

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Re: County Court - Filing Defence

Post by petesomething on Sun Sep 10, 2017 2:34 pm

Hi shaneB

questionnaire

A/  NO,,,, I  would say no to mediation,,, tiggy may tell you yes but up to you,,it will only show you are willing to compromise ,if you are defending you have to  look 100%  strong,,, they may back down before court day, ,,, may,,,

B/  YES,,,you want a court near you , you have no money to travel

c/  yes

d/ witnesses   ?  

e/ experts  ? normally be no

f/  ?

g/  other information,,,,,THE OTHER PARTY HAS NOT SUPPLIED ANY INFORMATION THEY LEGALLY OWN THE DEBT, (I request ) for this reason all court fees and solicitor fees to be dismissed, and i deem this as vindictive act , to proceed to court.

H/ is no

if this is the same form i had ,

make sure you go to court , or you will lose by default and the other side will ask for the full amount in one go , you may go and win,

there solicitor may send you a copy of there bill and court fees ,  they do this to scare you off be strong :)


Last edited by petesomething on Sun Sep 10, 2017 10:14 pm; edited 2 times in total (Reason for editing : add)
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Re: County Court - Filing Defence

Post by ShaneB on Thu Jul 12, 2018 5:57 pm

Hi,

This claim was struck out by the court earlier in the year - they failed to comply with a court order and failed to show up at the court hearing.

I've just received a letter from the Money Claims Centre - they're trying to make another claim again against me for this debt. I was under the impression that to resume proceedings they had to give an explanation to the court why they failed to comply with their orders and indeed why they never bothered to show up? Surely they can't continually make claims against me for the debt once it's already been struck out by the court?

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Re: County Court - Filing Defence

Post by daveiron on Thu Jul 12, 2018 6:48 pm

All I can find is they need permission from the court to bring another claim .see CPR 38.7
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Re: County Court - Filing Defence

Post by ShaneB on Thu Jul 12, 2018 7:01 pm

Surely I’d be notified by the court if that was granted? The claim number from the money claims court is a new number (ie different from the original claim).

They didn’t bother to reply to my defence and they didn’t bother to turn up to court - and yet they’re trying to have a second bite of the cherry?

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Re: County Court - Filing Defence

Post by waylander62 on Sat Jul 14, 2018 6:29 pm

@ShaneB wrote:Surely I’d be notified by the court if that was granted? The claim number from the money claims court is a new number (ie different from the original claim).

They didn’t bother to reply to my defence and they didn’t bother to turn up to court - and yet they’re trying to have a second bite of the cherry?

do you have an official court order striking out their claim ?

also check on this new claim whether the claimant is the same company ?

dont ignore this, make sure you dont allow them to win by default.

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Re: County Court - Filing Defence

Post by assassin on Sun Jul 15, 2018 2:46 am

With Waylander on this,establish the facts before proceeding as many people lose by proceeding on assumptions and this is an instant loss.
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Re: County Court - Filing Defence

Post by Ausk on Tue Jul 17, 2018 9:05 am

I would also ask the question - What Section of what law says I have to pay this claim?



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Re: County Court - Filing Defence

Post by assassin on Tue Jul 17, 2018 7:18 pm

The numerous sections which say an unsubstantiated claim is not a claim Ausk.
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